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HomeMy WebLinkAbout06-01-1972AGENDA Maplewood Village Council 7:30 P.M., Thursday, June 1, 1972 Municipal Administration Building Meeting 72 - 18 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES (D) PUBLIC HEARINGS 1. Street Vacation - Ripley, McKnight to Currie (7:30 P.M.) 2. Special Location Permit (Industr_ial Building) - 2081 Prosperity (7:45 P.M.) 3. Home Occupations (Beauty Shops): a. 2083 Arcade (Continued from May 18) b. 2633 East Fifth (Continued from May (E) AWARDING OF BIDS 1. Water Improvement - Edgemont and Arkwright 2. Heavy Duty Truck APPROVAL OF ACCOUNTS G) VISITOR PRESENTATIONS (H) UNFINISHED BUSINESS 1. Building Plan Review - Medical clinic expansion (Century Avenue - Johnson Clinic) 2. Special Use Permits: a. Off - street Parking Lot (Dege Garden Center) - Review b. Dump (County Road C) - Hearing date _ 3. Water Improvements (Final Payments): a. Edgerton _ b. Ripley (repair) _ 4. Village Insurance 5. Street Improvement -'Beam Avenue (Supplementa 6. Subdivision - 'Pilsen's Maplewood Heights No. contract) 7. Fire Station Site 8. State Building Code - Ordinances 9. Gas Rate Study Group joint powers agreement 10. Water Service -- Installation of well (I) NEW BUSINESS Plan Review - Ski. structure (St; 2. Subdivision - Koh mans A.dition (Pralimina' 3, Deferred .Assessment Request 4. Lot Divisions 5. Carnival Perm? "'t -• Gem 6. Water Improvement - Beebe Road 7, Sanitary Sewer Improvement- Arcade Street 8. Street Improvement - Beam P,venue. (McKnight to 9. Regional Information System - Resolution Permits - Homart. (J) COUNCIL PRPSENTA ^,''IO[QS (.') eU "+IZNZSTRATIVE PRESENTATIONS (IA AD_7OUIRNMENT ADDENDUM TO THE AGENDA Meeting 72 - 18 I T E M D -1 We have received written objections to this vacation from Thomas Tierney and Mrs. Bernice T. Roberts. Both objectors own land at the end of the proposed vacation and do not directly abut upon it. Access to this land would be proposed to be from the north. The staff recommends vacation of Ripley Avenue from McKnight Road to Currie Avenue subject to retention of easement rights providing for both underground and overhead utilities. It should be noted that I was in error when I stated that assurances from the developers to the south relative to a pathway system would alleviate the need for some sort of pedestrian access on the Ripley right - of -way. The Ripley right -of -way is now used as a path to and from the school in the area and the elimination of the right -of -way would result in the cutting off of public access for that purpose. We are now trying to work out something with the developers to gain an easement for foot traffic south of the section of Ripley Street which is proposed to be vacated. If no such agreement can be worked out the Council should strongly consider. requiring the dedication of a ten foot easement along the southerly portion of the proposed Ripley vacated. D -2 Last fall the Council granted approval for this use at this location, but the applicant failed to build within the alloted time. The applicant has now refiled for approval and this hearing was established in accordance with Section 909.020 of the Village Code. The proposed use is for warehousing of ski equipment and the building is proposed as concrete block as compared with the use of a frame structure with aluminum siding in the previous proposal. The site is zoned M -1 Light Manufacturing.which would allow such a use as proposed; how- ever, Section 909.020 provides "No building may be erected, altered, or used, and no lot or premises may be used in /or within two hundred (200) feet of a Residence District within the Town, except as authorized by a special permit to be issued by the governing body ". Notices have been forwarded to all property owners within two hundred feet of the site in question. The Code gives no indication relative to what factors the Council should take into account when reviewing such an application. Such a requirement appears to have been designed to assure that such an industrial activity would not be offensive to abutting residentially zoned properties. It is the staff's view that the proposed concrete block treatment of the building will be offensive to the surrounding building environment in the area, and that prior to approval of the requested permit the applicant should be required to submit an outside treatment of the building which would be compatible with the abutting residential zoning. In addition, the flat roof building and parking surface area will result in increased storm water run -off, for which there is no provision for disposal. The applicant should be required to provide for the disposal of this additional run -off without burdening surround- ing properties, including County.Ditch 17. The only method of accomplishing this without a storm sewer system would be to provide a ponding area on the property itself. The site plan includes three off - street parking stalls which require backing out onto Prosperity. Such a situation is unsafe and undesirable, and a revised parking plan should be required which would alleviate this traffic pattern. It should also be pointed out that the limiting of access to Prosperity from White Bear Avenue limits the capacity of Prosperity to act as an industrial traffic street. Due to the vagueness of the Code on this subject, it is difficult to say whether or not the Council has a legitimate legal reason for denying this request. The staff does feel that this use is not compatible with the residental character of this area. Approval was granted this use last fall conditioned upon (1) the obtaining of a building permit within thirty days, (2) the submission of a landscaping plan including implementation of such prior to occupancy approval and (3) the hard surfacing and marking of the parking and loading area prior to occupancy approval. D -3a This hearing was continued to allow neighbors of the applicant to attempt: to work out satisfactory conditions under which the operation of the beauty shop would be acceptable. We have now received a petition from residents on Belmont Lane, Arcade Street, Eldridge Avenue and Kenwood Drive opposing the grant- ing of the special use permit. The staff had recommended denial of the special use permit, and the Planning Commission recommended approval "subject to those conditions necessary to secure the health, safety and general welfare of the community" Enclosed is a copy of the petition and a copy of the conditions which I proposed if the permit were to be approved. D -3b This item was carried over to determine the outcome of item D -3a. The recommendations from staff and from the Planning Commission were the same as D -3a above. E -1 This water main has been constructed, but due to what we consider a high price for black dirt and sodding, these items were deleted from the contract. Informal bids have been taken to complete this work, and it is recommended that the low bid of Ryan - Wenzel, Inc..in the amount of $1,500.00 be accepted. This will result in a savings of approximately $900.00 as compared to the bid price for these items on the original project. E -2 Provision has been made in the 1972 Budget for a heavy duty single axle truck. The net price of the truck will be approximately $4,000.00. H -1 In addition to approval of building plans, the applicants have requested variances from Village requirements relative to off - street parking. The applicants request to be allowed to have -2- a total of 103 off- street parking spaces as compared with the required 106. In addition the applicants wish to reduce the width of the required spaces from ten feet to nine feet. The staff recommends denial of the proposed variance from off- street parking standards. Approval of the building plans is recommend- ed subject to the following conditions: (1) The dedication of additional right -of -way along both Upper Afton Road and Century Avenue to adequately accommodate turning traffics which will desire services at that site, (2) provision be made in the site planning to allow for future road widenings without drastically effecting off- street parking quantity, (3) adjustment of the proposed parking arrangement near Century Avenue and on the westerly end and (4) the provision of pedestrain accessibility to the building from the parking lot without unduly causing the pedestrain to be exposed. H -2a On June 3, 1971 the Council granted a special use permit to the Dege Garden Center to locate a parking lot in a residential area subject to eleven conditions. Since that time the parking lot has not been completed but has been utilized for parking purposes. Both the staff and the Council have received complaints relative to violations of the conditions of the special use per- mit. One of those conditions provides that the special use per- mit may be reviewed by the Council at any time by the Council, which may, "upon demonstrable findings," revoke the permit. The staff has.investigated complaints about the parking lot and has found the following: (1) the parking lot has not been com- pleted in accordance with the permit, (2) the parking area and driveways have not been surfaced and appropriately marked, (3) the parking arrangement is not in compliance with the approved plan, (4) part of the parking lot is being utilized for com- mercial purposes of storage and display, (5) part of the parking lot is also being utilized for trailer storage of a railroad express cart type and (6) refuse disposal dumpsters have been allowed to be deposited at or on the public right -of -way immediately adjacent to seventh street. The applicant has not satisfactorily complied with conditions established by the Council and has had a reasonable time to perform these conditions. The complaints which have been brought to our attention are justified. It is the recommendation of the staff that the Council review this special use permit and take action after allowing the permittee to respond relative to why he has not met the requirements agreed to by him. The Dege Garden Center will be notified that this is an agenda item. If no one is present from that business to discuss the matter with the Council, it is suggested that official notice be given to appear at the next regular Council meeting. It is suggested that if the special permit is allowed to continue that the permittee be required to provide financial bond, cash deposit or an escrow amount through a letter of credit which guarantees the Village that if there has been no compliance by a specific date the Village may proceed to cause compliance with conditions to its satisfaction. -3- H -2b The hearing date for this request was originally set for June 1; however, the applicant did not provide the information required by the Village Engineer which would be necessary to evaluate the request. A new hearing date of July 6 is recommended. H -3a This project was completed some time ago, but final payment was withheld due to the failure of the firm to meet financial obligations to subcontractors. The firm (Gideo Construction Company) has now become insolvent and their bonding agent has requested final payment to the agent. The Village Attorney has verified that this would be proper procedure, and final payment is recommended. H -3b The water main on Ripley Avenue between McKnight and Currie was recently put into operation, and upon testing it was determined that a significant leakage was occurring from the line. The estimate of the repair of this line was established at $1,000.; however, the final cost for the repair was $1,073.42. It is recommended that the Council approve this action. H -4 Due to the length of the meeting I would suggest that discussion on this item be set for next Thursday (June 8). H -5 The total increased cost provided by the supplemental agreement is estimated at $36,826.00. The supplemental agreement includes a number of additions, including the grading of the area south of the retention pond ($25,000.). A copy of the changes are enclosed. The Homart Development Company will be paying directly for $14,000. of this increase due to additions requested by that firm. H -6 The present contract regarding the escrow for street construction in Tilsen's Maplewood Heights No. 7 requires normal_ Village bidding procedures in selecting a contractor to construct the streets within that subdivision. The agreement was not in the form normally provided for such subdivisions. It is proposed that the agreement be amended to allow the subdivider to install streets without going through the public bidding procedures and requiring that the streets be constructed to Village standards at the cost of the developer. H -7 The Council had authorized staff to negotiate for the purchase of land at the corner of Hazelwood and County Road C. The land has been appraised by the Village at $20,000.00. We would recommend the purchase of the land for $20,000. and the for- giveness of assessments in the amount of $2,343.68. We would propose that $14,500.00 be paid in 1972 and the balance by July 1, 1973. $15,000.00 is included in the 1972 Budget for this purchase. H -8 The Council has reviewed changes which have been proposed for the Village Code relative to items now in the building provisions of the Code. The provisions in question are not included in the State Building Code and would become ineffective on July 1 of this year unless placed elsewhere in the Village Code. Ordinances implementing these changes should be placed on first reading at this time. The Village Attorney is preparing these ordinances. U H -9 In February the Council approved a joint powers agreement which established a study group to prepare a gas rate authority joint powers agreement for a number of communities which are serviced by NSP. The study group was empowered to hire an attorney to review a proposed joint powers agreement establishing a rate authority which was prepared by NSP. The cost of the legal services up to $1,000. are being paid by NSP. Hopefully, this will lead to a joint powers agreement establishing a rate authority among communities now provided gas by NSP. The expiration date of the original contract was June 1. The study is now under way and the firm of Crawford, Anderson, O'Connor and Johnson has been retained to work with the study group. It is recommended that the agreement be extended to December 31, 1972. H -10 Sometime ago the Council authorized the installation of a well on the property of a Mr. Gates due to the lack of potable water on the property. The well has been installed and authority is requested to establish the costs as a special assessment against the property in question. I -1 The applicants propose to erect a steel structure tower for ski jumping purposes north of Carver Avenue to the east of Sterling Avenue in the general vicinity of the existing wooden ski tower on the property. It is the staff's understanding that the existing tower will be removed from the premises as a result of the new structure being built. Approval of the building plan is recommended. I -2 The staff recommends that the proposed plat not be approved due to the fact that it is premature and not in line with the residential development design and utility objectives of the proposed Plan for Maplewood. The absence of public water in the area provides a hinderance to development both from a potable water and fire safety point of view. The Planning Commission recommends that the plat be approved. I -3 Anton Wicklander (1884 East County Road B) has requested per- mission to appear before the Council regarding the assessment on the sanitary sewer abutting his property. The assessment had been previously deferred but the deferment was canceled at one of the regular hearings on the subject. Mr. Wiclander had been advised previously that he should request the continuation of the deferment in writing, and no such request was made at the time of the hearings. If any change is to be made at this late date, the cancellation of the assessment would be required. Denial is recommended. I -4 At this time we have two lot divisions requested. One of these regards the Kuehn property located on Bellaire Avenue north of Beam Avenue which the Council acted to disapprove a proposed lot division for the tract in May. The applicant has requested that the Council reconsider the proposed division and has re- quested an opportunity to explain it to the Council. -5- I -5 The Gold Eagle Amusement Company has requested permission to have a carnival at the Gem Store from June 5 through June 11. The times proposed are 9:30 A.M. to 9:30 P.M. on Monday through Friday and 12:00 noon to 6:00 P.M. on Sunday. Approval of the permit is recommended subject to all equipment meeting applicable codes and regulations and the approval of the location of the carnival by the Director of Public Safety. I -6 We have received a petition for the installation of water in Beebe Road. A feasibility report should be authorized. I -7 This project was discussed prior to the establishment of the moratorium. The project has been properly petitioned and a feasibility report has been prepared. Resolutions should be passed accepting the petition and calling for a hearing. June 22 is the suggested hearing date. I -8 This project was also discussed before discussion of the . moratorium. A feasibility report has been prepared. Reso- lutions accepting the valid petition and establishing a hear- ing date of June 22 are recommended. I -9 The Village has previously supported the metro teletype terminal upgrading program through the Bureau bf Criminal Apprehension. The grant has now named the Metropolitan Council as the re- cipient under the Regional Information System. The estimated cost of the service remains approximately the same. A resolution amending the authorization and naming the Metro- politan Council to act on our behalf is recommended. I -10 The Homart Development Company has requested a temporary facilities permit for the purpose of placing temporary housing facilities of a mobile home type for office activities on the site during construction. The staff recommends that the temporary permit be granted subject to the following conditions: 1. The permit shall be valid for a maximum period of one year from the date of issuance, after which such permit shall be reviewed by the Council for corrections and /or extension; 2. Off- street parking shall be provided with a maximum of fifteen stalls and such area shall be surfaced with a material that reduces dust, is properly graded to the Village Engineer's satisfaction, and is maintained at all times in a reasonable fashion free of pot holes or similar types of nuisances; 3. A minimum four -foot wide walk -way shall be provided from the parking area edge to the front entrance of the proposed office building facilities, and such walk -way shall not be of a board construction but shall be hard surfaced; 4. All office structures shall be subject to commercial occupancy permit conditions of the Fire Marshal and Building Official prior to there occupancy; 5. A lighting plan should be provided which indicates lighting for and around the office area regarding security and safety; 6. A directional sign or information sign shall be allowed informing the public of the nature of this facility, however, such sign shall be approved by the Village and require a sign permit before being located on the site; 7. All facilities having sanitary sewer disposal systems within them shall be connected to the Village sanitary sewer system; and 8. Because of the length of the temporary facility to be located on the site attracting public and then full view of the motoring public from White Bear Avenue, • landscaping plan shall be required which indicates • temporary landscaping around the proposed office facility. In addition, the Village.Council should take action to place no parking signs along the west side and east side of White Bear Avenue from County Road D to Beam Avenue to prevent on- street parking from occurring during the construction period of this activity. In addition to the temporary facility per- mit, Homart requests the Village Council to consider the issuance of grading, foundation, building shell and final building permits. Sufficient facts are not available at this time to make recommendations on these requests. Homart wishes to meet with you at this time and discuss the project. K I have received a request from John L. Vaughn, 2725 White Bear Avenue, to place a temporary mobile home on his property for ninety days. The need for the temporary facility has arisen due to a fire at that location. Approval is recommended sub- ject to the meeting of all Village Codes. I would suggest that I be authorized to thank NSP for its cooperation in providing the mailing addressing system which we utilized in the mailing out of information to citizens (see last weeks interim report). We have applied for federal funds under the Urban Corps Program, a work study program for students under which the federal government pays 700 of the cost. Tim Harding, a junior at Hamline majoring in interdepartmental communications, has been employed under this program. Tim is 22 years of age, married and has one child. Tim's background is in journalism and communications, and he will be engaged in the preparation of the first Village Newsletter and a slide presentation on Village government. Enclosed is the 1973 budget calendar. -7- MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, June 1, 1972 Council Chambers, Municipal Building Meeting No. 72 - 18 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 7:38 P.M. 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 -17 (May 18, 1972) Councilman Wiegert moved that the Minutes of Meeting No. 72 -17 (May 18, 1972) be approved as submitted. Seconded by Councilman Greavu. Ayes - all. D. PUBLIC HEARINGS 1. Street Vacation - Ripley Avenue from McKnight Road to Currie Street (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing for the va- cation of Ripley Avenue from McKnight Road to Currie Street. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller stated he had received written objections to the pro- posed vacation from Thomas Tierney and Mrs, Bernice T. Roberts. Both objectors own property at the end of the proposed vacation. Only one lot abuts the street, the balance of their property does not abut. The Staff recommends the vacation of Ripley Avenue from McKnight to Currie subject to the retention of easement rights providing for both underground and overhead utilities. The Ripley right -of -way is now used as a path to and from the school in the area and the elimination of the right -of -way would result in the cutting off of public access for that purpose. Staff is now trying to work out something with the developers to gain an ease- ment for foot traffic south of the section of Ripley Street which is pro- posed to be vacated. If no such agreement can be worked out the Council should strongly consider requiring the dedication of a ten foot easement along the southerly portion of the proposed Ripley vacated. c. Mayor Axdahl called for proponents. - 1 - 6/1 Mr.. Joseph Summers, attorney representing Mr. and Mrs. Robert E. Gill, whose property immediately adjoins the proposed vacation to the north, spoke in favor of the vacation. d. Mayor Axdahl called for opponents. Mr. Fred Keppers, Jr., attorney representing the Tierneys, spoke in opposition to the proposed vacation. e. Mayor Axdahl called for formal objections. The following were heard: Mr. Thomas Tierney, written objection. Mrs. Bernice Roberts, written objection. Mary T. Malsie,written objection. Fred Keppers, Jr., attorney representing the Tierneys. f. Village Attorney Lais stated that an oral agreement has been reached with the owners of Maple Woods, Inc, and they will grant the Village ten feet of their property subject to a "hold - harmless" agreement and that the Village maintain and pay for whatever is constructed. g. Council stated it would be worthy to note that a feasibility report had been ordered and found not feasible to construct Ripley Avenue.' h. Mayor Axdahl closed the public hearing. i. Councilman Greavu moved to vacate Ripley Avenue from McKnight to Currie subject to retaining a utility easement, the Maple Wood, Inc, and the Village entering into an agreement for a ten foot easement for path- way purposes and for the Village to grant a building permit to the Gills for the construction of a garage along the vacated Ripley Avenue. Seconded by Councilwoman Olson. Ayes - all. j. Councilman Greavu introduced the following resolution and moved its adoption: 72 -6 -116 WHEREAS, the owners of property abutting on Ripley Avenue from Mc- Knight to Currie Street have requested the vacation of the said street, and WHEREAS, the hearing on said petition was preceeded by two weeks published and posted notice, and WHEREAS, it appears for the best interest of the public that said street be vacated, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that Ripley Avenue from McKnight Road to Currie Street be and the same are hereby vacated. Seconded by Councilwoman Olson. Ayes - all. - 2 - 6/1 2. Special Location Permit (Industrial Building) 2081 Prosperity Road (7:45 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on the request of the St. Paul and White Bear Ski Company to construct an industrial building and use at 2081 Prosperity Road, located within 200 feet of a Residential District. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller stated that last fall the Council granted approval for this use at this location, but the applicant failed to build within the alloted time. The applicant has now refiled for approval and this hearing was established in accordance with Section 909.020 of the Village Code. The proposed use is for warehousing of ski equipment and the building is proposed as concrete block as compared with the use of a frame structure with aluminum siding in the previous proposal. The site is zoned M -1 Light Manufacturing which would allow such a use as proposed; however Section 909.020 provides "No building may be erected, altered, or used, and no lot or premises may be used in /or within two hundred (200) feet of a Residence District within the Town, except as authorized by a special permit to be issued by the governing body ". Notices have been forwarded to all property owners within two hundred feet of the site in question. The Code gives no indication relative to what factors the Council should take into account when reviewingsuchoan application. Such a require- ment appears to have been designed to assure that such an industrial activity would not be offensive to abutting residentially zoned properties. It is the staff's view that the proposed concrete block treatment of the building will be offensive to the surrounding building environment in the area, and that prior to approval of the requested permit the.applicant should be required to submit an outside treatment of the building which would be compatible with the abutting residential zoning. In addition, the flat roof building and parking surface area will result in increased storm water run -off, for which there is no provision for disposal. The applicant should be required to provide for the disposal of this addition- al run -off without burdening surrounding properites, including County Ditch 17. The only method of accomplishing this without a storm sewer system would be to provide a ponding area on the property itself. The site plan includes three off - street parking stalls which require backing out onto Prosperity. Such a situation is unsafe and undesirable, and a revised parking plan should be required which would alleviate this traffic pattern. It should also be pointed out that the limiting of access to Prosperity from White Bear Avenue limits the capacity of Prosperity to act as an in- dustrial traffic street. Due to the vagueness of the Code on this subject, it is difficult to say whether or not the Council has a legitimate legal reason for denying this request. The staff does feel that this use is not compatible with the residential character of this area. Approval was grant- ed this use last fall conditioned upon (1) the obtaining of a building permit within thirty days, (2) the submission of a landscaping plan in- cluding implementation of such prior to occupancy approval and (3) the hard surfacing and marking of the parking and loading area prior to occupancy approval. c. Mayor Axdahl called for proponents. - 3 - 6/1 Mr. Rudolph Bauer, applicant, spoke on behalf of his request. Mr. Jones, 2128 Prosperity Road asked questions of Mr. Bauer. d. Mayor Axdahl called for opponents. None were heard. e. Mayor Axdahl called for formal objections. None were heard. f. Mayor Axdahl closed the public hearing. g. Councilman Greavu moved and White Bear Ski ComUanv e the ect to the foll 1. Obtain a building permit within 90 days. )ermit to the St. Pe tions: 2. Submit a landscaping plan including implementation of such prior to occupancy approval. 3. Hard surfacing and marking of the parking and loading areas prior to occupancy approval. 4. The holding of the lower land on the property-if needed for drain- age purposes. Seconded by Councilman Haugan, 3. Home Occupations (Beauty Shops) Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Greavu and Haugan. Nay - Councilman Wiegert. a. 2083 Arcade Street (continued from May 18) 1. Manager Miller stated this hearing was continued to allow neigh- bors of the applicant to attempt to work out satisfactory conditions under which the operation of the beauty shop would be acceptable. We have now received a petition from residents on Belmont Lane, Arcade Street, Eldridge Avenue and Kenwood Drive opposing the granting of the special use permit. The staff had recommended denial of the spec- ial use permit, and the Planning Commission recommended approval "sub- ject to those conditions necessary to secure the health, safety and general welfare of the community ". He also read two letters from res- idents of the area. 2. Mayor Axdahl called for proponents. Mrs. Louise Miller O'Neill, an attorney, spoke on behalf of her client, Mrs. Marie Silberbauer's request. 3. Mayor Axdahl called for opponents. The following were heard: Mr. Francis Graham, 785 E. Belmont Lane Mr. Joseph Buelow, 2020 Arcade Street Mr. C. E. DeGeer, 2008 Arcade Street - 4 - 6/1 4, Councilman Haugan moved to deny the for the reasons that such use is not pe and because of the neighbors objections Seconded by Councilman Wiegert. Motion failed. of Mrs. Silberbauer Ayes - Councilmen Haugan & Wiegert. Nay - Mayor Axdahl, Councilwoman Olson, Councilman Greavu. 5. Councilwoman Olson moved approval of the Special Use Permit re- quested by Mrs. Marie Silberbauer for a home beauty salon subject to the following conditions: 1. The permit shall be reviewed annually by the Village Council; 2. The permit shall become effective only after the Building Official certifies compliance with these conditions and building, fire, elec- tric, health code requirements; 3. The permit shall not be transferable; 4. The permit shall be subject to revocation by the Village Council upon justified complaints; 5. No signs advertising the beauty parlor operation shall be allowed on the property; 6. No on- street parking by customers shall be encouraged, and an approved off - street parking area which is properly hard surfaced and landscaped shall be required on the property; and 7. No expansion of the permit in any way shall occur without the approval of the Village Council; 8. The applicant hereby agrees to the above listed conditions. Seconded by Councilman Greavu. Motion carried. Ayes - Mayor Axdahl, Councilwoman Olson, Councilman Greavu. Nay - Councilmen Haugan and Wiegert. 6. Mayor Axdahl moved to amend the previous motion to approve the permit for one year. Seconded by Councilman Greavu. Ayes - all. Councilwoman Olson moved to suspend the Rules of Procedure to discuss Item H -4. Seconded by Councilman Wiegert. - 5 - 6/1 Following discussion, the motion was withdrawn. b. 2633 East 5th (continued from May 18) 1. Manager Miller stated this item was carried over to determine the outcome of item D -3a. The recommendations from staff and from the Planning Commission were the same as D -3a above. 2. Councilwoman Olson moved approval of the Special Use Permit re- quest of Mrs. Marie Tjaden to operate a home beauty salon at 2633 East Fifth Street subject to the following conditions: 1. The permit shall be reviewed annually by the Village Council; 2. The permit shall become effective only after the Building Official certifies compliance with these conditions and building, fire, electric, and health code requirements; 3. The permit shall not be transferable; 4. The permit shall be subject to revocation by the Village Council upon justified complaints; 5. No signs advertising the beauty parlor operation shall be allowed on the property; 6. No on- street parking by customers shall be encouraged, and an approved off - street parking area which is properly hard surfaced and landscaped shall be required on the property; and 7. No expansion of the permit in any way shall occur without the approval of the Village Council; 8. The applicant hereby agrees to the above listed conditions. Seconded by Councilman Greavu. Ayes - Mayor Axdahl, Council- woman Olson, Councilmen Greavu and Wiegert. Nay - Councilman Haugan. Motion carried. E. AWARDING OF BIDS 1. Water Improvement - Edgemont and Arkwright a. Manager Miller stated this water main has been constructed, but due to what Staff considered a high price for black dirt and sodding, these items were deleted from the contract. Informal bids have been taken to complete this work, and it is recommended that the low bid of Ryan - Wenzel, Inc, in the amount of $1,500.00 be accepted. This will result in a savings of approximately $900.00 as compared to the bid price for these items on the original project. - 6 - 6/1 b. Councilman Greavu introduced the following resolution and moved its adoption: 72 -6- 117 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Ryan - Frenzel in the amount of $1500 is the lowest responsible bid for the placement of black dirt and sod on Project 71 -7, Edgemont Arkwright Water Main, and the staff is hereby author- ized to enter into a contract with said bidder for and on behalf of the Village. Seconded by Councilman Wiegert. Ayes - all. 2. Heavy Duty Truck a. Manager Miller stated that provision has been made in the 1972 Budget for a heavy duty single axle truck. The net price of the truck will be approximately $15,000.00. b. Councilman Greavu introduced the following resolution and moved its adoption: 72 -6 -118 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Bill Boyer Ford in the amount of $15,091.00 is the lowest responsible bid for the purchase of ONE (1) 35,000 # G.V.W. DUMP TRUCK, and the appropriate Village Officials are hereby author- ized and directed to enter into a contract with said bidder for and on behalf of the Village. Seconded by Councilman Haugan. Ayes - all. Mayor Axdahl moved that the !�ssue:.cc of home occupation permits be referred to the Planning Commission. Seconded by Councilwoman Olson, F. APPROVAL OF ACCOUNTS Ayes - all. Councilman Wiegert moved that the accounts as submitted (Part I - Fees Ser- vices, Expenses, Check No. 784 through Check No. 877 - $122,584.96, Check No 15585 through Check No. 15595 - $17,855.75: Part II - Payroll Check No. 4370 through Check No. 4457 - $23.976.93) in the amount of $164.417.64 be naid_ Seconded by Councilman Greavu. G. VISITOR PRESENTATIONS Ayes - all. - 7 - 6/1 1. Willard Franke requested Council to reconsider their decision in denying the set back variance he had applied for. Councilman Wiegert moved to seoesai the meeting and to convene as the Board of Appeals and Adjustments. Seconded by Councilman Greavu. Ayes - all. Mayor Axdahl }ecessed the meeting at 9:10 P.M. Mayor Axdahl reconvened the meeting at 9:20 P.M. G. VISITOR PRESENTATIONS (continued) 2. Mr. Dan Dolan, who had applied for a building permit to construct a restaurant at the southeast corner of White Bear Avenue and County Road D, stated he had been to see the County Engineer as Council instructed. He presented Council a copy of a plat plan showing entrances and exits which had been approved by the Ramsey County Safety Director. Councilman Haugan moved to place this item on the agenda for next weeks meeting. Seconded by Councilman Wiegert. Ayes - Mayor Axdahl, Councilman Haugan and Councilman Wiegert. Nay - Councilwoman Olson and Council - man Greavu. Motion carried. 3. Mr. Gerald Mogren stated he had been asked by the Board of Education at Hill- Murray to contact the Village of Maplewood to see if there was any in- terest in a joint venture of athletic facilities at Sterling and Larpenteur. The area would be north of Larpenteur and east of Sterling. They could use the help of Staff in planning these facilities, such as ball diamonds, etc. Councilwoman Olson moved to refer the matter to Staff and the Recreation Commission for reports and recommendations. Seconded by Councilman Wiegert. Ayes - all. 4. Fred Ahlstrom spoke in reference to his application for a Toyota Sales and Service Center on Highway 61, South of County Road C. He stated he believed he has solved the access problem. Councilwoman Olson moved to place the matter on the June 8, 1972 agenda. Seconded by Councilman Greavu. Ayes - all. 5. Mr. Jim Broade, representing the St. Paul Dispatch, requested Council change the policy, which he stated was adopted administratively several weeks ago, of denying the press access to Staff reports even when they are present- ed at a public meeting. - 8 - 6/1 Following further discussion, Councilman Haugan moved to direct the Staff to make all Staff reports available to the press media when they are made available to the public; this should include Planning Commission reports. Seconded by Councilwoman Olson. Motion carried. H. UNFINISHED BUSINESS Ayes - Councilwoman Olson, Councilmen Greavu, Haugan and Wiegert. Nay -Mayor Axdahl. 1. Building Plan Review - Medical Clinic Expansion (Century Avenue - Johnson Clinic) a. Manager Miller stated in addition to approval of building plans, the applicants have requested variances from Village requirements relative to off - street parking. The applicants request to be allowed to have a total of 103 off - street parking spaces as compared with the required 106. In addition the applicants wish to reduce the width of the required spaces from ten feet to nine feet. The staff recommends denial of the proposed variance from off - street parking standards. Approval of the building plans is recommended subject to the following conditions: (1) The dedication of additional right -of -way along both Upper Afton Road and Century Avenue to adequately accommodate turning traffics which will desire services at that site, (2) provision be made in the site planning to allow for future road widenings without drastically effecting off - street parking quantity, (3) adjustment of the proposed parking arrangement near Century Avenue and on the westerly end and (4) the provision of pedestrian accessibility to the building from the parking lot without unduly causing the pedestrian to he exposed. b. Mr. Bruce Odelog, attorney representing the Johnson Clinic., spoke on behalf of the request. c. Mr. Jim Riley, architect for the proposed addition, also spoke. d. Councilwoman Olson moved approval of the building plans subject to the dedication of 10 feet additional right of wav alone UDDer Afton ing spaces ins es Seconded by Councilman Greavu. Ayes - all. 2. Special Use Permits a. Off Street Parking Lot (Dege Garden Center ) - Review 1. Manager Miller stated on June 3, 1971 the Council granted a special use permit to the Dege Garden Center to locate a parking lot in a residential area subject to eleven conditions. Since that time the parking lot has not been completed but has been utilized for parking purposes. Both the staff and the Council have received - 9 - 6/1 complaints relative to violations of the conditions of the special use permit. One of those conditions provides that the special use permit may be reviewed by the Council at any time by the Council, which may, "upon demonstrable findings," revoke the permit. The staff has investigated complaints about the parking lot and has found the following: (1) the parking lot has not been completed in accord- ance with the permit, (2) the parking area and driveways have not been surfaced and appropriately marked, (3) the parking arrangement is not in compliance with the approved plan, (4) part of the parking lot is being utilized for commercial purposes of storage and display, (5) part of the parking lot is also being utilized for trailer stor- age of a railroad express cart type and (6) refuse disposal dumpsters have been allowed to be deposited at or on the public right -of -way immediately adjacent to Seventh Street. The applicant has not satis- factorily complied with conditions established by the Council and has had a reasonable time to perform these conditions. The complaints which have been brought to our attention are justified. It is the recommendation of the staff that the Council review this special use permit and take action after allowing the permittee to respond rel- ative to why he has not met the requirements agreed to by him. The Dege Garden Center will be notified that this is an agenda item. If no one is present from that business to discuss the matter with the Council, it is suggested that official notice be given to appear at the next regular Council meeting. It is suggested that if the special permit is allowed to continue that the permittee be required to pro- vide financial bond, cash deposit or an escrow amount through a letter of credit which guarantees the Village that if there has been no com- pliance by a specific date the Village may proceed to cause compliance with conditions to its satisfaction. 2. Manager Miller read a letter from Mr. and Mrs. Robert Bosler, 2677 E. 7th Street which stated they have no objections to the Dege Parking Lot. 3. Mr. George Dege, representing his father, explained the reasons for the delay in finishing the parking lot. The paving was done to- day and the striping will be done within 10 days. 4. Mr. Steve Wing, 2713 E. Seventh Street, spoke in regard to Deges not complying with the conditions placed on his special use permit. Mr. Anthony Cahanes, 2703 E. 7th Street, also commented on the non- compliance by the Deges. 5. Councilwoman Olson moved to table this matter until the June 22 1972 meeting to allow the owners. neighbors and Staff to work to- gether to make the Dege Garden Center more compatible and to report back to the Council. Seconded by Councilman Wiegert. Ayes - all. 6. Mr. Gunnar Cronk of E. Seventh Street stated he has more trouble with lights from the Dairy Queen than from Dege and the debris on his property is from the Dairy Queen. - 10 - 6/1 Staff will investigate. b. Dump (County Road C) - Hearing Date 1. Manager Miller stated the hearing date for this request was or- iginally set for June 1; however, the applicant did not provide the information required by the Village Engineer which would be necessary to evaluate the request. A new hearing date of July 6 is recommended. 2. Councilwoman Olson on the dump proposal i July 6, 1972 as the hearing d ion is submitted. Seconded by Councilman Haugan. Ayes - all. 3. Water Improvements - Final Payments a. Edgerton Street 1. Manager Miller stated this project was completed some time ago, but final payment was withheld due to the failure of the firm to meet financial obligations to subcontractors. The firm ( Gideo Construction Company) has now become insolvent and their bonding agent has requested final payment to the agent. The Village Attorney has verified that this would be proper procedure, and final payment is recommended. 2. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 6 - 119 WHEREAS, pursuant to a written contract signed with the Village, Gideo Construction Company has satisfactorily completed Project 69 -24, Edgerton Water, in accordance with such contract; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLE - WOOD, MINNESOTA, that the work completed under such contract is here- by accepted and approved; and BE IT FURTHER RESOLVED, that the Village Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract to the bonding agent for Gideo Construction Company, Mary- land Casualty Company, taking their receipt for payment in full. Seconded by Councilman Haugan. Ayes - all. b. Ripley Avenue (Repair) 1. Manager Miller stated the water main on Ripley Avenue between McKnight and Currie was recently put into operation, and upon testing it was determined that a significant leakage was occurring from the line. The estimate of the repair of this line was established at $1,000.00; however, the final cost for the repair was $1,073.42. It is recommended that the Council approve this action. - 11 - 6/1 2. Councilman Wiegert introduced the following resolution and moved its adoption: 72 - 6 - 120 WHEREAS, the water main in Ripley Avenue between McKnight and Myrtle Street developed a leak to the extent that it was unable to operate satisfactorily on the water main system, and WHEREAS, this line is needed to reinforce the water available for fire fighting in the vicinity of an already occupied apartment complex, and WHEREAS, the cost of the repairs was $1,073.42; THEREFORE BE IT RESOLVED THAT THE MAPLEWOOD VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA finds the aforesaid facts to be true and hereby declares that an emergency existed and that the Village Engineer is authorized and directed to proceed with the repair of said water main on a time and material basis without taking bids, and BE IT FURTHER RESOLVED that the action of the staff of hiring Shafer Contracting Company is hereby ratified. Seconded by Councilman Greavu, Ayes - all. 4. Village Insurance a. Mr. Don Olmstead spoke on behalf of the insurance committee concept. b. Mr. Munson explained the costs involved. c. Mr. John Winter related his experience in installing an insurance committee in North St. Paul when he was mayor. He felt this could be done by resolution rather than an ordinance. This item was tabled until later in the meeting. Due to the late hour, the items on the agenda, where the interested parties were in the audience, were discussed first. I. NEW BUSINESS 1. Building Plan Review - Ski Structure (St. Paul Ski Club) a. Manager Miller stated the applicants propose to erect a steel struc- ture tower for ski jumping purposes north of Carver Avenue to the east of Sterling Avenue in the general vicinity of the existing wooden ski tower on the property. It is the staff's understanding that the exist- ing tower will be removed from the premises as a result of the new structure being built. Approval of the building plan is recommended. - 12 - 6/1 b. Mr. Bill Mahre, representing the St. Paul Ski Club, spoke on behalf of their proposal. C. Councilman Haugan moved to approve the building pl the St. Paul Ski Club to construct a ski jumping struc property near Carver Avenue and Interstate 494. Seconded by Councilman Greava. Ayes - all. 2. Subdivision - Kohlmans Addition (Preliminary Review) a. Manager Miller stated the staff recommends that the proposed plat not be approved due to the fact that it is premature and not in line with the residential development design and utility objectives of the proposed Plan for Maplewood. The absence of public water in the area provides a hinderance to development both from a potable water and fire safety point of view. The Planning Commission recommends that the plat be approved. b. Mr. Bill Kohlman spoke in behalf of the proposal. C. Councilwoman Olson moved to accept the Planning Commission's recom- mendation and approve the plat with a 35 foot radius in the cul de sac to facilitate maintenance and subject to reserving the right to attach conditions at the next meeting relative to utilities. Seconded by Councilman Wiegert. Ayes - all. d. Mr. Kohlman questioned who would be constructing the road. e. Village Attorney Don Lais stated that normally the sub divider con- structs the roadway at his own expense. 4. Lot Division a. Manager Miller stated that the owner of Mr. Steak Restaurant has ex- tended an access :onto Highway 36. This is in violation of the original conditions placed on the building permit. b. Mr. George Martin stated the access was made by his tenant not him- self. He will take whatever steps are necessary to clarify and remedy the situation so he can receive approval of the proposed lot division. c. Councilwoman Olson moved to table this matter until the June 8, 1972 meeting. Seconded by Councilman Wiegert. Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Haugan and Wiegert. Nay - Councilman Greavu. Motion carried. - 13 - 6/1 10. Permits - Homart - a. Administrative Assistant Don Ashworth stated the Homart Development Company has requested a temporary facilities permit for the purpose of placing temporary housing facilities of a mobile home type for office activities on the site during construction. The staff recommends that the temporary permit be granted subject to the following conditions: 1. The permit shall be valid for a maximum period of one year from the date of issuance, after ;which such permit shall be reviewed by the Council for :corrections and /or extension; 2. Off- street parking shall be provided with a maximum of fifteen stalls and such area shall be surfaced with a material that reduces dust, is properly graded to the Village Engineer's satisfaction, and is maintained at all times in a reasonable fashion free of pot holes or similar types of nuisances; 3. A minimum four -foot wide walk -way shall be provided from the parking area edge to the front entrance of the proposed office build- ing facilities, and such walk -way shall not be of a board construction but shall be hard surfaced; 4. All office structures shall be subject to commercial occupancy permit conditions of the Fire Marshal and Building Official prior to their occupancy; 5. A lighting plan should be provided which indicates lighting for and around the office area regarding security and safety; 6. A directional sign or information sign shall be allowed informing the public of the nature of this facility, however, such sign shall be approved by the Village and require a sign permit before being located on the site; 7. All facilities having sanitary sewer disposal systems within them shall be connected to the Village sanitary sewer system; and 8. Because of the length of the temporary facility to be located on the site attracting public and then full view of the motoring public from White Bear Avenue, a landscaping plan shall be required which indicates a temporary landscaping around the proposed office facility. In addition, the Village Council should take action to place no parking signs along the west side and east side of White Bear Avenue from County Road D to Beam Avenue to prevent on- street parking from occurring during the construction period of this activity. In addition to the temporary facility permit, Homart requests the Village Council to consider the is- suance of grading, foundation, building shell and final building permits. Sufficient facts are not available at this time to make recommendations on these requests. Homart wishes to meet with you at this time and dis- cuss the project. - 14 - 6/1 b. Representatives of Homart Development Corporation presented a full and detailed report of their proposal. c. Following considerable discussion, Councilman Wiegert m of building permits for temporary facilities subject to the conditions: 1. The permit shall be valid for a maximum period of one year from the date of issuance, after which such permit shall be reviewed by the Council for corrections and /or extension; 2. Off- street parking shall be provided with a maximum of fifteen stalls and such area shall be surfaced with a material that reduces dust, is properly graded to the Village Engineer's satisfaction, and is maintained at all times in a reasonable fashion free of pot holes or similar types of nuisances; 3. A minimum four -foot wide walk -way shall be provided from the parking area edge to the front entrance of the proposed office build- ing facilities, and such walk -way shall not be of a board construction but shall be hard surfaced; 4. All office structures shall be subject to commercial occupancy permit conditions of the Fire Marshal and Building Official prior to their occupancy; 5. A lighting plan should be provided which indicates lighting for and around the office area regarding security and safety; 6. A directional sign or information sign shall be allowed informing the public of the nature of this facility, however, such sign shall be approved by the Village and require a sign permit before being located on the site; 7. All facilities having sanitary sewer disposal systems within them shall be connected to the Village sanitary sewer system; Seconded by Councilman Greavu. Ayes - all. d. Councilman Wiegert moved to request Ramsey County to post "no parking signs" on White Bear Avenue from County Road D to Radatz and introduced the following resolution and moved its adoption: 72 -6 -122 WHEREAS, the Homart Development Company has requested and received the necessary permission to proceed with the construction of Maplewood Mall, and WHEREAS, the traffic problems caused by parked automobiles along and either side of White Bear Avenue between Radatz Avenue and County Road "D" constitute a threat to the public safety; NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL OF MAPLEWOOD, - 15 - 6/1 MINNESOTA petition the Ramsey County Board of Commissioners to es- tablish the above referenced portion of White Bear Avenue as a "No Parking" zone for the duration of the construction of the Maplewood Mall. Seconded by Councilman Haugan. Ayes - all. e. Manager Miller stated Homart also wishes to discuss fire zoning. The area is now zoned Fire Zone 1, which becomes effective on July 1, 1972. f. Homart representatives presented a fire report regarding their proposal for the fire zonings. g. Councilman Greavu moved that the general building permit be issued, to begin grading; that the Homart location be Classed as Fire Zone 2; Homart work with the Staff for all future permits; to accept the eleven proposals submitted by Homart. (The eleven proposals are attached) Seconded by Councilwoman Olson. Ayes - all. H. UNFINISHED BUSINESS (continued) 4. Insurance Committee (continued) a. Councilman Haugan moved the First reading of an Ordinance to establish an Insurance Committee. Seconded by Councilwoman Olson. Ayes - all. 5. Street Improvement - Beam Avenue (Supplemental Agreement) a. Manager Miller stated the total increased cost provided by the supplemental agreement is estimated at $36,826.00. The supplemental agreement includes a number of additions, including the grading of the area south of the retention pond ($25,000). The Homart Development Company will be paying directly for $14,000.00 of this increase due to additions requested by that firm. b. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 6 - 121 RESOLVED, by the Village Council of Maplewood, Minnesota that Supplemental Agreement Number 7 to the contract for construction of Beam Avenue, Project No. 70 -5 in the amount of $36,826.21 be and hereby is in all things approved. FURTHER, that the Mayor and Clerk be and hereby are authorized and instructed to execute the said Supplemental Agreement for and on be- half of the Village. Seconded by Councilman Haugan. Ayes - all. - 16 - 6/1 �4 �.i B T W Ica' I�%_A C. ARCE- asT.HGT3 36.35 NOBLE AVENUE May 18, 1972 SUITE 226 • DALLAS, TEXAS 75204 - AREA CODE 214 - 522 -8800 T0: Village Council Village of Maplewood Maplewood, Minnesota 55109 FROM. Homart Development Company Dept. 724 925 South Homan Avenue Chicago, Illinois 60607 Sears Roebuck and Company Midwest Territory, Dept. 824 Mw 7447 Skokie Blvd. Skokie, Illinois Powers Dry Goods, a subsidiary of Nicollet at 5th St. Minneapolis, Minnesota SUBJECT: Maplewood Shopping Centex Associated Dry Goods 417 Fifth Avenue New York, New 'York The above Owner Group proposes to develop a two level., enclosed mall, regional- shopping center, on a 116 acre site northwest of the intersection of Beam and white Bear Avenues. This center is scheduled to open September, 1974. The Owner Group is aware that the Uniform Building Code, 1970 Edition, becomes the official code for the State of Minnesota as of July 1, 1972, and that the property will be classified Fire Zone 1, on that date, in accordance with the Village of Maplewood Ordinance No, 311. The Owner Group has been successful in developing similar projects with several other municipalities using the Una -form Building Code, both the 1967-and 1970 editions, and are there- fore aware of the required interpretations which permit the construction of these large, complex projects. Fortunately, we have not previously encountered a. situation where the property 16A was classified in Fire Zone 1. This is an extremely serious matter because a Fire Zone 1 classification, under the Uniform Building Code, removes the provisions from the Code which have been included to permit the construction of this type of project. Upon learning about the July 1 adoption of the Uniform Code and the Village zoning ordinance, the Owner Group requested, and was granted, a meeting on Monday, April 24, 1972 , with the Village Manager and staff. Architectonics; Inc. and Schirmer Engineering Corporation, representing the Owner Groups, requested interpretations for the Uniform Code and proposed a variance from Fire Zone 1 to Fire Zone 3. This meeting resulted in the Village Staff recommending that the Owner Group present their proposed development and the basis for their proposals, to the Village Council at their regular June 1, 1972 meeting. They further requested that the proposal be delivered to the Village Staff: a minimum of ten (10) working days prior to the Counci.i, meeting on May 18, 1972. The Owner Group .respectfully submits nine (9) copies of the following items-. 1. Iease Site Plan, Sheet SK -17, dated 3.21.72. Revised 5.17.72. 2. Proposed Development and Basics of Proposal 3. Schirmer Engineering Corporation letter dated April 17, 1972 Sincerely, ARC ITECTONICS, INC. ?a f,7' James R. Winstead, Vice President 16B May 18, 1972 PROPOSED DEVELOPMENT AND BASIS OF PROPOSAL MAPLEWOOD SHOPPING CENTER BUILDING AREA CALCULATIONS UNIT INITIAL FUTURE TOTAL Tenant Lease Area 325,000 0 325,000 Sears Dept. Store 145,000 0 145,000 Powers Dept, Store 130,000 0 130,000 Fixture Dept. Store 0 120,000 120,000 TOTJAL* G 1, A 600,000 120,000 720,000 Public Mall. 1.1..1, 500 0 111,500 Service Area 22,750 0 22,750 Truck Courts 6,600 0 6,600 Central Plant 6,000 0 6,000 TOTAL COMMON AREA 146,850 0 146,850 TOTAL BUILDING AREA 746,850 866,850 Note: These calculations do not include peripheral free - standing buildings. 16C Page 2 PROPOSAL NO. 1: DEFINITION OF SHOPPING MALL We propose the enclosed mall and all buildings connected to it be treated as a single multiple occupancy building JUSTIFICATION National Fire Codes, NFPA, Volume 4, 1971 -72, page 101 -143, Section 12 -5, paragraph 12°5121. National Building Code, 1967 Edition, Section 403.2 and Section 602.12. Publicway means a thoroughfare over 21 feet wide on privately owned, privately maintained property but designated for public use and which by agreement is kept accessible at all times to the fire department and other public services. Mall means an area composed of sidewalks and landscaping which serves as a pedestrian thoroughfare between buildings but is not dedicated to public use. Every publicway or mall which is entirely or mainly enclosed by buildings or structures shall have not less than two separate exit ways. Buildings opening into the publicway or mall and providing_ a direct path to the outer perimeter may be considered as exit ways provided there are two or more separate exit ways which are so arranged and conducted as to maintain free and unobstructed ways of travel at all times. When the publicway or mall is roofed over between groups or sections of buildings and there are no combustible goods, merchandise or decorations displayed or stored in this area, and the roof_ is constructed of noncombustible materials and an automatic sprinkler system is provided in the roofed -over area, the sum of all occupied areas connected thereto and not separated therefrom by fire walls shall be considered as a single area. 16D rt.... PROPOSAL NO. 2: TYPE. OF CONSTRUCTION We propose to provide Type IV - N Construction utilizing non - combustible materials and an approved automatic fire - extinguishing system for the entire project. JUSTIFICATION Uniform Building Code, 1970 Edition, Section 506, paragraph (b) The area of any one or two story buildings of Group F, . Occupancy shall not be limited, if the. building is provided with an approved automatic fire- extinguishing system throughout, as specified in Chapter 38, and entirely surrounded and adjoined by public space, streets or yards not less than 60 feel, in width. Table No. 5-D F2 Occupancy: Type IV -N Construction: 2 Stories Note: The above article is incorporated in all of the prominent nationally used Building Codes and is the article under which a.11, large regional shopping centers are classified. It is important to ,_ote that classifying this project -in Fire Zone No. l under the Uniform Building Code removes this specific paragraph from applying to this project as noted immediately below. Sec. 1602. (a) Expressly prohibits Type IV N building in Fire Zone No. height or 2,500 square feet in area 16E the construction of a 1 exceeding one story in housing a Group F Occupancy. Page 4 PROPOSAL NO. 3: OCCUPANCY CLASSIFICATION B - 3 Assembly F - 2 Retail JUSTIFICATION Uniform Building Code, 1970 Edition, page 50, Table No. 5 -A Sec. 1101. Group F -2 Occupancy: Will be applicable.for almost all of the entire project, including retail, office, restaurants having an occupant load of less than 100, storage, etc. Sec. 701. Group B, 3 Occupancy: Will be applicable to any food service operation having an occupant load of more than 100 and less than 300. Table No. 5 -C. Indicates that a Group B 3 Occupancy is permitted up to a maximum of 6,800 square feet in a building of Type IV N. This allowable area may be increased as defined by the Code in recognition of the full automatic fire protection sprinkler system and may be increased an additional 33 -1/3% if located in. Fire Zone No. 3. Table No. 5 °B: Requires no fire separation between a Group B 3 Occupancy and a, Group F 2 Occupancy. Note: Other minor Occupancies, other than classified above, may materialize as the project develops. However, they will be reviewed at that time with the Village Officials. 16F PROPOSAL NO. 4: PROPERTY NOT BE CLASSIFIED FIRE ZONE 10 JUSTIFICATION Schirmer Engineering Corporation letter dated April 17P 1972 which is inclmdod horawith and IBSuran e Services Office of KinnavDta dated April 20e 1,72® 16G INSURANCE SEERVICENS OFFICE OF hAINNESOT/A 12 SO. SIXTH ST., ROOM 1229, Id INNrAPOL.IS. MINN. 55402 3.K TELEPHONE: 1612) 332.9801 W. C. FREITAG, MANAGER Mr. Chet Schirmer, P. B. President Schirmer Engineering Corporation 5940 West Touhy !avenue Niles, Illinois 60648 Dear Chet: April 20, 1972 A6ak 2 1972 e C. k Hamart Development Corp. Hoplemood Hall Maplewood, Minnesota Your letter of April 17 to tsar. Winstead suaRarinew quite accurately our discussions in this office concerning the Auildin3 Code Fire Qne assigned fox the cite of the new Kplewood If.11 in the Village of Nup1cwcod. Because of theeffect in several portions of the fire insurance Srading, it was very difficult for us to give any close estimate of the net Kfect of the various possibilities discussed. However, 5,4 ifia £ e R y� t9 ; r t'I1d center is completely sgrixxlietr .��.....�t,.?.`.,�,.���: "a }sF:.. ",A..�i�. ds'.'�..c.•, -:� °.i nwin.?'1� zztnF�e sndt,s =!» blac`in; §:hi_t ]ocriVi.cn 4_n Fire >ne Yicl, ?� When a wumicipality has the Uniforms Building Code as will be the case for all of the State of Minnesota, our general recavmendation is that Fire. Zone No. 1 include the a&me closely built districts that would be designated as the "fire limitsY1 with the National Building Code, Particularly in the case of many suburban communities, it is very difficult for us to be in a position to foresee exactly what the develo m,ent of all of the areas will be and horW the fire zones should be drawn, If the Village Officials have additional questions about this, we will be glad to try to answer then as best we can. Yours very truly, x�/-, RHL :SO R. H. Link, Supervisor Rating & Technical Services 16H Page 6 PROPOSAL NO. 5: STAGED CONSTRUCTION PERMITS PRIOR TO JULY 1, 1972 1. Temporary Facilities Permit 2. Grading Permit 3. Foundation Permit 4. Building Shell Permit 5. Final Building Permit JUSTIFICATION Because of the size, complexity and schedule of this project; the site work and building construction will be awarded as separate contracts. Site grading is scheduled to start in ,July, 1972, and graded building "pads" completed in Septcmner, Th.s allows starting foundation construction ill October so that structural steel can be erected during the wiz.t.er of 1972. The building shell can then be constructed in the sprints of 1973 and enclosed prior to the winter of 1973 so that interior finish work may be accomplished for a September, 1974 opening. This construction schedule requires construction permits to accommodate the several phases of the project. Each permit application will include documentation and be subject to review by the Village Staff. 161 Page 7 PROPOSAL NO. 6: RETAIL OCCUPANCY BE CLASSIFIED 50% STORAGE FOR EXIT CALCULATIONS JUSTIFICATION In the typical retain sales area, at least 60% of the floor area is occupied by merch.andise fixtures with storage under- neath the sales counters. If people cannot occupy this sales and storage counter area, then exits should not be required for this area; therefore, it should logically be classified as storage area for the purpose of calculating exits. We ask that only a conservative 50% of retail area be classified as storage. Webster's 7th New Collegiate Dictionary: Storeroom: "A room or space for the storing of goods or supplies." 16J Page 8 PROPOSAL NO. 7: TWO SOURCE FIRE PROTECTION WATER SUPPLY JUSTIFICATION In order to provide reliable adequate water supplies for fire protection systems in the Maplewood Mall, engineering studies are underway exploring the ways for the Village of Pia.plewood to supply this water. Good fire protection design and insurance requirements for the mall will necessitate what is known as a two source supply. This supply can be obtained several different ways. Alternate A would be the upgrading of the Village of Maplewood water distribution system in the area of the Maplewood Mall. to provide a well. gridded distribution system fed from a minimum of two different directions. This would mean that no single break cr no single failure of a pumping station or other supply point would eliminate adequate supply to the site. Alternate B would be the provision of on-site storage and pumping as one source supply and the Village supply as a second. source. Alternate B would be used only if the Village Of M<.pl.e- wood supply could not be upgraded to meet all fire protection and insurance require;ments.. Presently Schi..r:rer Engin Bring and Suburban Engineering, Inc. are supplying in-put data to the firm of Kirkham Michael. and Associates who are conducting a complete study of the Village of Maplewood water supply system, including the area of the Maplewood Mall. The in -put data will include all requirements for domestic water, plus fire protection water as dictated by the sprinkler designs and the insurance requirements of Factory Mutual., Factory Insurance Association and Insurance Services Office of Minnesota. With this in -put data it is hoped that Kirkham Michael will be able to devise a scheme for the upgrading of the Maplewood distribution system either as it presently is constituted as part of the St. Paul distribution system or by supplementing the St. Paul supply or disconnecting and developing entirely separate Village of Maplewood supplies. Both Schirmer Engineering and Suburban Engineering, Inc. are more than willing to assist Kirkham Michael in this study in any way they might request. 16K PROPOSAL NO. 8: FIRE PROTECTION ENGINEERING Page 9 As a result of the inherent complexities, size and importance of this project, Homart has hired the firm of Schirmer Engineer- ing Corporation, 51,140 West Touhy Avenue, Niles, Illinois 60648 to serve as the fire protection engineers for the project. Schirmer. Engineering Corporation will have the responsibility for the following: 1. Design of a complete approved automatic fire- extinguishing system or systems for the project. 2. Review and approval of all architectural and engineering systems for the project as they relate to or affect the fire protection and public safety of the project.. 3. Review and approval of all installations made by all tenants for compliance with fire protection, public safety and insurance classifications. 4. Obtaining approval of all major fire protection rating bureaus and related insurance classifications for the entire project. 5. Off -site and on-site investigation, analysis, and ultimate engineering of a fully adequate water supply system for the entire project. recorlmendati.ons fire protection 6. Review and approval of all fire protection systems and build- ing construction classifications and details with the rating bureaus representing each of the department stores. 7. Coordination review and ultimate approval of all systems for the project with the Insurance Services Office of Minnesota and with Mr. Al Schadt, Fire Marshal for the Village of Maplewood, and all other appropriate and authorized state, county and local officials. Schirmer Engineering Corporation has now been retained to provide the above list of services and has actively started work on the project. They will ultimately submit a written report defining their findings and detailed recommendations for the project. 16L Page 10 PROPOSAL NO. 9: COORDINATION WITH VILLAGE OFFICIALS The first coordination meeting with the Village officials and our development team was held on March 22, 1972. The basic purpose of this meeting was to explain the basic characteristic of the project including its ultimate scope, quality and schedule, to the Village officials and to identify and understand their interest and related objectives. We plan to have multiple future coordination meetings with appropriate members of the Village staff_ in order to insure that the project will satisfactorily and adequately comply with local requirements and also to prevent time delays which can some- times be caused by misunderstandings of local municipal requirements and procedures. Since this project: is moving on an extremely critical and vitally important schedule, it is imperative that we work closely with all Village departments to .insure complete understanding and approval .of all building systems prior to starting detailed engineering. It is obvious that if this objec.ive .i.s not successfully attained that the project time :schedule cannot be met and that there can be a resultant .Loss of a very great magnitude. It is also apparent that redesign and re- engineering alone could cause a .loss of several hundred thousand dollars. 16M F}ROPOSAL NO. 101 SMOKE AND HEAT VENTING. We propose that smoke and heat venting tot be acquired. JUSTIFICATION Uniform Building Code 3206(a)i� ROforas to Group G and Fk Occupancies ov€sA square SO 000 a r� :fe;et in sjLuln floor area, A This is a two story building. Extensive large scale fire tests t-oro ronduate,d at Phatoyy MNtiq.&A. Rosoavch Cont5r in West Glocest;:r, Rh AB Island, These are the onl0 , tests of record which have bean conduntad with Autenatic sprinkler protoet:ione Those tests indicates la Smoke and heat vents do not a_.ppsecjauly aafpcct smoke obsoura,tio3'3 time in f tLlly sprinklored buildi ig a0 2e Smoke and heat vents in fu or sp sykjoxrod buildings do not €?por:ac:iab:0,r rzduroe 3°.tre d3imagg or wat r darvm..go, 3e Smoke and heat vents in f,311,y 9wi_nklemd buildings may 'increase fire severity and spread the f`rec NF +'PA 232e, Standard for Rraok Storage of Material and NFF'A 231, S0, n,, t_ard for Indoor Cca uv al Storage wrhich are based unveil those 5ssta do do(: B'aagt,i,:i°'4 smokes and host Vents or draft ct:T'ta£e . N °PA 2049 Cnicdn for Smoke anj Heat Venting ieac?i t s in paragraph SI1 oven pr��i= e €3s are £nbsxaelcad oiler guldar.wo in farm e ;�aigrr for Orr s ,a3 y venting of Feat and smoke from uncontrolled fires". With a fully modern jprinklar sy Pem, uncontrolled fires are net contemplated. kumk PROPOSAL NO, 110 DELETE STOREROOMS FROM THC EXCEPTION in section 3302(o) page 444, UBC 1970 Edition. JUSTIFICATION NFPA No. 101p LIFE SAFETY CODE Q70 Section 501219 Page 101 -20. 16 0 6. Subdivision - Tilsen's Maplewood Heights No. 7 (Revised Contract) a. Manager Miller stated the present contract regarding the escrow for street construction in Tilsen's Maplewood Heights No. 7 requires normal Village bidding procedures in selecting a contractor to construct the streets within that subdivision. The agreement was not in the form normally provided for such subdivisions. It is proposed that the agreement be amended to allow the subdivider to install streets without going through the public bidding procedures and requiring that the streets be constructed to Village standards at the cost of the developer. b. Councilwoman Olson moved to amend the contract of Tilsen's Maplewood Heights No. 7 to allow the subdivider to install streets without going through the public bidding procedures and to require that the streets be constructed to Village standards at the cost of the developer. Seconded by Councilman Greavu. Ayes - all. 7. Fire Station Site a. Manager Miller stated the Council had authorized staff to negotiate for the purchase of land at the corner of Hazelwood and County Road C. The land has been appraised by the Village at $20,000.00. Staff recommends the pur- chase of the land for $20,000.00 and the forgiveness of assessments in the amount of $2,343.68. Staff proposes that $14,500.00 be paid in 1972 and the balance by July 1, 1973. $15,000.00 is included in the 1972 Budget for this purchase. b. Councilwoman Olson moved to approve the purchase of land at the corner of Hazelwood and County Road C for a fire station site for the amount of $20,000. Seconded by Councilman Haugan. Ayes - all. 8. State Building Code - Ordinance a. Manager Miller stated the Council has reviewed changes which have been proposed for the Village Code relative to items now in the building provisions of the Code. The provisions in question are not included in the State Building Code and would become ineffective on July 1 of this year unless placed elsewhere in the Village Code. Ordinances implementing these changes should be placed on first reading at this time. The Village Attorney is preparing these ordin- ances. b. Councilman Haugan moved First Reading of the Ordinances pertaining to the State Building Code. Seconded by Councilwoman Olson. Ayes - all. 9. Gas Rate Study Group - Joint Powers Agreement a. Manager Miller stated in February the Council approved a joint powers agreement which established a study group to prepare a gas rate authority Joint powers agreement for a number of communities which are serviced by NSP. The study group was empowered to hire an attorney to review a proposed joint powers agreement establishing a rate authority which was prepared by NSP. The cost of the legal services up to $1,000 are being paid by NSP. Hope- fully, this will lead to a joint powers agreement establishing a rate authority among communities now provided gas by NSP. - 17 - 6/1 The expiration date of the original contract was June 1. The study is now under way and the firm of Crawford, Anderson, O'Connor and Johnson has been retained to work with the study group. It is recommended that the agreement to extended to December 31, 1972. b. Councilman Wiegert moved to amend subdivision No. 5 of the Joint D­,,. A,,...P„t - Cps Rate Studv Group to extend the agreement to Seconded by Councilman Greavu. Ayes - all. 10. Water Service - Installation of Well a. Manager Miller stated sometime ago the Council authorized the in- stallation of a well on the property of a Mr. Gates, 1703 Bradley Street, due to the lack of potable water on the property. The well has been installed and authority is requested to establish the costs as a special assessment against the property in question. b. Councilwoman Olson introduced the following resolution and moved its adoption: 72 -6 -123 WHEREAS, the Village of Maplewood has, at its own expense, authorized the construction of a well to the property and home of Raymond Gates, 1703 Bradley Street legally described as Lots 1, 2 and 3, Block 4, Rings Add- ition to City of St. Paul, Code No. 57 4150 010 04; WHEREAS, the said well construction was made pursuant to Village Ordinance No. 304, Amendment to Chapter 315 of the Maplewood Code. NOW THEREFORE BE IT RESOLVED that the property herein and above des- cribed is hereby assessed in the amount of $1,314.75, plus 7% interest or a total of $1,406.78. FURTHER, that the Ramsey County Auditor is hereby instructed to spread this assessment on the tax rolls to be collected in three annual installments. Seconded by Councilman Haugan. Ayes - all. I. NEW BUSINESS (continued) 3. Deferred Assessment Request a. Manager Miller stated Anton Wicklander (1884 East County Road B) has requested permission to appear before the Council regarding the assessment on the sanitary sewer abutting his property. The assessment had been previously deferred but the deferment was cancelled at one of the regular hearings on the subject. Mr. Wicklander had been advised previously that he should request the continuation of the deferment in writing, and no such request was made at the time of the hearings. If any change is to be made at this late date, the cancellation of the assessment would be required. Denial is recommended. - 1s - 6/1 b. Councilman Greavu moved to table this item until the next regular meeting, June 22, 1972. Seconded by Councilman Haugan. Ayes - all. 4. Lot Divisions a. Councilwoman Olson moved to table Item I -4 until the regular meeting of June 22, 1972. Seconded by Councilman Greavu. Ayes - all. 5. Carnival Permit - GEM a. Manager Miller stated the Gold Eagle Amusement Company has requested permission to have a carnival at the Gem Store from June 5 through June 11. The times proposed are 9:30 A.M. to 9:30 P.M. on Monday through Friday and 12:00 Noon to 6:00 P.M. on Sunday. Approval of the permit is recom- mended subject to all equipment meeting applicable codes and regulations and the approval of t1e location of the carnival by the Director of Public Safety. b. Councilman Greavu moved approval of a carnival permit at the store for the Gold Eagle Amusement Company subject to equipment Uplicable codes and regulations and the approval of the locatio carnival by the Director of Public Safety. Seconded by Councilman Wiegert. Ayes - all. 6. Water Improvement - Beebe Road a. Manager Miller stated staff had received a petition for the install- ation of water in Beebe Road. A feasibility report should be authorized. b. Councilman Greavu introduced the following resolution and moved its adoption: (accepting petition - call for feasibility report) 72 -6 -124 WHEREAS, a certain petition has been received by the Village Council for the construction of water mains and necessary appurtenances northward on Beebe Road to a point 227 feet north of the north right -of -way line of Larpenteur Avenue, and WHEREAS, said petition has been declared to be signed by the required percentage of owners of property affected thereby; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the petition as hereinbefore described is hereby referred to the Village Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. - 19 - 6/1 Seconded by Councilman Wiegert. Ayes - all. 7. Sanitary Sewer Improvement - Arcade Street a. Manager Miller stated this project was discussed prior to the es- tablishment of the moratorium. The project has been properly petitioned and a feasibility report has been prepared. Resolutions should be passed accepting the petition and calling for a hearing. June 22 is the suggest- ed hearing date. b. Councilman Wiegert introduced the following resolution and moved its adoption: (accepting petition - call for feasibility report) 72 -6 -125 WHEREAS, a certain petition has been received by the Village Council for the construction of public sanitary sewers in the vicinity of Arcade Street and County Road "B ", and WHEREAS, said petition has been declared to be signed by the requir- ed percentage of owners of property affected thereby; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the petition as hereinbefore described is hereby referred to the Village Engineer, and he is instructed to report to the Council with all convenient speed advi §ing_ the Council in a preliminary >way'as: <' to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilman Greavu. Ayes - all. c. Councilman Greavu introduced the following resolution and moved its adoption: (accepting feasibility report - call for public hearing) 72 -6 -126 WHEREAS, the Village Engineer for the Village of Maplewood has pre- pared preliminary plans for the construction of sanitary sewer mains in the vicinity of Arcade Street and County Road "B ", NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the Village Engineer advising this Council that the proposed improvement in the vicinity of Arcade Street and County Road "B" by construction of sanitary sewer mains and necessary ap- purtenances and lift stations is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accord- ance with the reports and the 'assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement is $36,786.00. - 20 - 6/1 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on Thursday the 22nd day of June, 1972, at 8:00 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: - NOTICE OF HEARING OF SANITARY SE'gER IMPROVEMENT TO WHOM IT MAY CONCERN: WHEREAS, the Village Council of the Village of Maplewood, Ramsey County,. Minnesota, deems it necessary and expedient that the improvement herein- after described, be made, NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: June 22, 1972 at 8:00 P.M. Location Council Chambers of the Village Hall 1380 Frost Avenue The general nature of the improvement is the construction of public sanitary sewers in the vicinity of Arcade Street and County Road "B ". The total estimated cost of said improvement is $36,786.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon of nor, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improve- ment should be present at this hearing. This Council proposes to proceed under the authority granted by Chap- ter 429 M.S.A. Dated this 1st day of June, 1972. BY ORDER OF THE VILLAGE COUNCIL Mrs. Lucille Aurelius Village Clerk Village of Maplewood, Minnesota - 21 - 6/1 Seconded by Councilman Wiegert. Ayes - all. 8. Street Improvement - Beam Avenue (McKnight Road to Bellaire Avenue) a. Manager Miller stated this project was also discussed before dis- cussion of the moratorium. A feasibility report has been prepared. Resoltuions accepting the valid petition and establishing a hearing date of June 22 are recommended. b. Councilman Greavu introduced the following resolution and moved its adoption: (accepting petition - call for feasibility report) 72 -6 -127 WHEREAS, a certain petition has been received by the,Village Council for the improvement of Beam Avenue from McKnight Road to Bellaire Street by the construction of roadways and necessary utilities and appurtenances, and WHEREAS, the said petition has been declared to be signed by the re- quired percentage of owners of property affected thereby; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the petition as hereinbefore described is hereby referred to the Village Engineer to be considered with the previously ordered preliminary study of said improvement. Seconded by Councilwoman Olson. Ayes - all. c. Councilman Wiegert introduced the following resolution and moved its adoption: (accept feasibility report - call for public hearing) 72 -6 -128 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Beam Avenue from McKnight Road to Bellaire Street by the construction of streets, utilities and necessary appurtenances and WHEREAS, the said Village Engineer has prepared the aforesaid prelim - inary plans for the improvement herein described; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLUVIOOD, MINNESOTA, As follows: 1. The report of the Village Engineer advising this Council that the proposed improvement on Beam Avenue by construction of streets and necessary utilities and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accord- ance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost.of the improvement of - 22 - 6/1 3. A public hearing will held in the Council Chambers of the Vil- lage Hall at 1380 Frost Avenue on Thursday the 22nd day of June 1972, at 8:15 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form. NOTICE OF HEARING OF PUBLIC IMPROVEMENT TO WHOM IT MAY CONCERN: WHEREAS, The Village Council of the Village of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement herein- after described, be made, NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: June 22, 1972 at 8:15 P.M. Location Council Chambers of The Village Hall 1380 Frost Avenue The general nature of the improvement is the construction of a street with curb and gutter and necessary water, sanitary sewer, storm sewer and appurtenances on Beam Avenue from McKnight Road to Bellaire Avenue. The total estimated cost of said improvement is $328,209.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improve- ment should be present at this hearing. This Council proposes to proceed under the authority granted by Chap- ter 429 M.S.A. Dated this 1st day of June, 1972. BY ORDER OF THE VILLAGE COUNCIL Mrs. Lucille Aurelius Village Clerk Village of Maplewood Publish Twice: June 7, 1972 June 14, 1972 - 23 - 6/1 Seconded by Councilman Greavu. 9. Regional Information System - Resolution Ayes - all. a. Manager Miller stated the Village has previously supported the metro teletype terminal upgrading program through the Bureau of Criminal Apprehension. The grant has now named the Metropolitan Council as the recipient under the Regional Information System. The estimated cost of the service remains approximately the same. A resolution amending the authorization and naming the Metropolitan Council to act on our behalf is recommended. b. Councilman Wiegert introduced the following resolution and moved its adoption: 72 -6 -129 WHEREAS, the Village of Maplewood, a metro teletype terminal user, by previous resolution has authorized and directed the Bureau of Criminal Apprehension, Department of Public Safety to enter an agreement as grantee to implement the Metropolitan Communicative Upgrading program for the 12 month duration of a proposed federal grant and to administer the funds on behalf of the users; and WHEREAS the Bureau of Criminal Apprehension has declined to act as grantee, and the Governors Commission on Crime Prevention and Control has now offered such grant funds to the Metropolitan Council as part of a Regional Information System (REGIS), NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE OF MAPLEWOOD hereby amends the authorization and direction contained in said prior resolution to authorize the receipt of federal funds and administration of funds by the Metropolitan Council on behalf of the metro teletype terminal users; BE IT FURTHER RESOLVED that the committment as contained in that prior resolution to pay 25% of the cost as the local match and to accept monthly billing based on such 25% formula, is hereby confirmed with the understanding there will be a Supervisory Board reviewing financial ar- rangements in the future. Seconded by Councilman Greavu, Ayes -'all. 11. Temporary Mobile Home Permit a. Manager Miller stated a request was received from John L. Vaughn, 2725 White Bear Avenue, to place a temporary mobile home on his property for ninety days. The need for the temporary facility has arisen due to a fire at that location. Approval is recommended subject to the meeting of all Village Codes. b. Councilman Greavu moved Avenue, a permit to place a subject to his meeting all Seconded by Councilwoman Olson. - 24 - n L. Vaughn, 2725 White on his property for 90 Ayes - all, 6/1 J. COUNCIL PRESENTATIONS Ark None. K. ADMINISTRATIVE PRESENTATIONS Manager Miller suggested he be authorized to thank NSP for its cooperation in providing the mailing addressing system which we utilized in the mailing out of information to citizens. Council gave authorization to thank N.S.P. Company. I„ ADJOURNMENT 3:52 A.M. ME t_ " , Cit Clerk 0 - 25 - 6/1 MINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 9:11 P.M., Thursday, June 1, 1972 Council Chambers, Municipal Building Meeting No. 72 - 3 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 9:11 P.M. by Chairman Haugan. B. ROLL CALL Harald L. Haugan, Chairman Present Lester G. Axdahl Present John C. Greavu Present Patricia L. Olson Present Donald L. Wiegert Present C. PRESENTATIONS 1. Willard Franke a. Mr. Franke requested Council to reconsider his request for a set back variance which was denied at the last Council meeting. He had asked for a 20 foot variance but is now requesting to place his home 15 feet from Sophia Street. b. Following further discussion, Councilwoman Olson moved approval of the 15 foot set back variance. based on the petition signed by the surrounding property owners stating they did not object to the placement of Mr. Franke's home and that it appears to be in line with the closest property and as long as it does not protrude beyond the nearest neigh- bors home to the east; does not impair the site distance and it blends in with the topography of the land. Seconded by Councilman Greavu. Ayes - all. D. ADJOURNMENT 9:20 P.M. City Clerk - 1 - 6/1 7.20 ADVANCE STAMP WORKS INC 130.50 All COMM 29153.00 AIR COMM 569177.75 AMERICAN NATIONAL BANK 20.16 516.00 237. 00 1, 500. 00 4.97 621.94 AMERICAV PUBLIC B & E PATROL JAMES BART BAAR ENGT, CO. V H BLACKI4GTOI C CO BOARD OF WATEZ COMM 736.00 DONALD CAMPBELL 60.00 CAIDS & LETTEIING 69.00 CHAPLIN PUBLISHING CO 22.80 CHAPLIV PU3LISII`dG CO 350.80 J G CHISHOLM 3.00 COAST TO COAST STORES 185.58 COMM. LIGHTING PROD INC. 67.10 CONTINENTAL SAFETY EQUIP 1.08 COPY EQUIPMENT INC 19361.00 CROWN IR34 WORKS CO. 8.97 DEGE GARDEN CENTER 12.40 ROBIN A DE.2JCKER 33.00 JAMES E43EITS34 Luc SUPPLIES, OFFICE REPAIR &MAINT., RADIO EQUIPMENT, OTHER AND — EQUIPMENT, MOTORIZED MOB BOND, PRINCIPAL AND —BOND, INTEREST BOOKS & PERIODICALS FEES FOR SERVICE FEES FOR SERVICE CONSTRUCTION FUND UNIFORMS E CLOTHING ESCROW FUND AND — MAINTENANCE MATERIALS CONSTRUCTION FUND FEES FOR SERVICE PUBLISHING CONSTRUCTION FUND FEES FOR SERVICE SUPPLIES, EQUIPMENT REP. &MAINT., BUILDING &GRND AND — SUPPLIES, EQUIPMENT SUPPLIES, VEHICLE SUPPLIES, EQUIPMENT i LAND, IMPROVEMENT I MAINTENANCE MATERIALS 1 UNIFORMS & CLOTHING SALARIES & WAGES,TEMPORARY i >T .20.81 FAIWELL JZAUN <I1K & :0 M4I4TENAACE MATERIALS AND —FUEL & OIL f Ls 75.68 FISHER PHOTO SUPPLY CO SUPPLIES, EQUIPMENT AND- EQUIPMENT, OTHER 809 78.26 FLEET SUPPLY E MACHINE CO SUPPLIES, JANITORIAL AND- SUPPLIES, VEHICLE 5.80 GLADSTONE LUMBER MART MAINTENANCE MATERIALS 490.00 GUTTERMAN CONST CO INC BUILDING, IMPROVEMENT 5.93 HALL EQUIPMENT INC SUPPLIES,-VEHICLE 97.62 HAVENSTEIN E BURMEISTER REP.BMAINT., BUILDINGEGRNO 7..00 HOME GAS CO INC MAINTENANCE MATERIALS 46.40 INSTANT PRINTING CENTER SUPPLIES, PROGRAM 7.50 INTERN ASSOC OF SUBSCRIPTIONS S MEMBERSHIP 72.61 INTL BUS MACHINES CORP -SUPPLIES, OFFICE 45.38 INTL BUS MACHINES CORP REPAIREM.AINT., EQUIPMENT 500.00 LAMETTI E SONS INC CONSTRUCTION FLND 250.00 LEAGUE OF MINN MUNICIPAL TRAVEL E TRAINING 16.69 LEE CAREER APPAREL UNIFORMS S CLOTHING 21.11 • LEES AUTO SUPPLY SUPPLIES, EQUIPMENT 46.68 14,483.00 376.06 575.00 50.00 28, 342.14 177.40 45.05 74.00 AND- SUPPLIES, VEHICLE ` -- LIGHTING PRODUCTS INC REP.SMAINT., BUILDINGEGRND R A LUXEN6URG CONSTRUCTION LAND, IMPROVEMENT AND- CONSTRUCTION FUND MACQUEEN EQUIPMENT INC SUPPLIES, EQUIPMENT MASON PUBLISHING CO PUBLISHING ROBERT T MERRY 'LAND* IMPROVEMENT METROPOLITAN SEWER BOARD RENTAL, SEWER AND- CONTRACT PAYMENT 1: MIDWAY FORD CO REPAIREMAINT., VEHICLE MILLER CLOTHING UNIFORMS E CLOTHING MILTON CLOTHING CO UNIFORMS E CLOTHING t i 3t375-54 86.81 425.00 7.00 600.00 4.65 737.00 15.21 127.2 9 846.45 1, 200.00 4.75 5.00 500.00 8.00 53.99 11.50 515.00 244.00 53.31 MINN HOSPITAL ASSOC CONTRIBUTICNS, INSURANCE AND - HOSPITALIZATION WIH MINN DEPT OF HIGHWAYS CONSTRUCTICN FUND WINFIELD A MITCHELL LAND, PURCHASE MOGREN BROTHERS LANDSCAPNG MAINTENANCE MATERIALS MOOCYS INVESTORS SERVICE CONSTRUCTION FUND MOTOROLA INC REPAIRCMAINT., RADIO EUGENE MURRAY FEES FOR SERVICE NATL FIRE PROTECTION ASSOC BOOKS S PERIOCICALS NORTHWESTERN BELL TE CO TELEPHONE NORTHWESTERN BELL TE CO TELEPHCNE FRANK L NOYES CO CONSTRUCTION FUND OXYGEN SERVICE CO INC MAINTENANCE MATERIAL`: ALFRED PELOQUIM REP.EMAINT., BUILDINGSGRND POSTMASTER POSTAGE POSTMASTER POSTAGE RAMSEY COUNTY TREASURER REED TIRE SALES INC RIVARD PLUMBING CO. INC. ROCHESTER GERMICIDE CO. S E T OFFICE PROD FEES FOR SERVICE . AND- CCNSTRUCTION FUND SUPPLIES, VEHICLE BUILDING, IMPROVEMENT SUPPLIES, JANITORIAL SUPPLIES, OFFICE AND - SUPPLIES, PROGRAM 38.76 S S T OFFICE PROD SUPPLIES, OFFICE 1 :099.90 T A SCHIFSKY S SONS INC MAINTENANCE MATERIALS 43.64 SCIENTIFIC INTERNATICNAL CHEMICALS 1,073.42 SHAFER CONTRACTING CO INC CONSTRUCTICN FUND 4.50 35.00 16.90 42.94 860 98.40 861 25.11 862 147.00 863 78.56 864 55.60 865 27.49 866 65.60 867 14.45 868 193.00 869 7.00 870 144.00 871 83.13 872 48.69 873 5.00 874 64.00 875 55.00 876 22.00 877 86.00 )0`u= 84 THRU 000877 a.. c SOIL ENGINEERING SERV INC CONSTRUCTICN FUNC ST PAUL & SUBURBAN BUS CO REFUNDS SUN NEWSPAPER SUBSCRIPTIONS & MEMBERSHIP SUPERAMERICA SUPPLIES, VEHICLE AND -FUEL & OIL TABULATING SERV BUREAU FEES FOR SERVICE TEAM ELECTRONICS REPAIR &MAINT., EQUIPMENT AND- SUPPLIES, EQUIPMENT TORSETH INC FEES FOR SERVICE HERB TOUSLEY FORD INC REPAIR &MAINT., VEHICLE TRUCK UTILITIES & NFG CC REPAIR&MAINT., EQUIPMENT AND- REPAIR &MAINT., VEF-ICLE TRUCK UTILITIES & MFG CC REPAIR&MAINT., VEHICLE TWENTIETH CENTURY PRINTING PUBLISHING AND - SUPPLIES, OFFICE TWIN CITY FILTER SERV INC REP. &MAINT., BUILDING &GRNI UNIFORMS UNLIMITED SUPPLIES, VEHICLE AND- UNIFORMS & CLOTHING WEBER & TORSETH INC REPAIR &MAINT., VEHICLE HELEN CARLSON SALARIES & kAGES,TEMPCRARY WILLIAM CONLEY SALARIES & kAGES,TEMPCRARY JENNIFER CARLSON SALARIES E kAGES,TEMPCRARY AND- SUPPLIES, PROGRAM. DONNA KARNUTH SALARIES & WAGES,TEMPCRARY DIANE PETERSON SALARIES C WAGES,TEMPCRARY DARL•ENE TIMM SALARIES & WAGES,TEMPCRARY JOSEPH HARDER REFUNDS DONALD J NORQUAL REFUNDS 94 CHECKS TOTALING 122, 584.96 GRAND TOTAL 105 CHECKS TOTALING 140.440.71 85 483.60 CLIFFORD L ANDERSON 15586 19640902 STATE OF MINNESOTA 15587 2015.40 STATE OF MINNESOTA 15588 48.35 LUCILLE AURELIUS ou c CONSTRUCTION FUND CONTRIBUTIONS, RETIREMENT AND -P. E. R. A. W/H CONTRIBUTIONS, RETIREMENT AND- P.E.R.A. W/H SUPPLIES, OFFICE AND - POSTAGE 15589 79.00 RICHARD W SCHALLER TRAVEL & TRAINING 15590 79.00 A C SCHADT TRAVEL C TRAINING 15591 1091.50 CITY & CTY CREDIT UNION CREDIT UNION W/H 15592 4,790.13 FIRST STATE BANK OF STP FEDERAL TAX W/H 15593 11915.84 MINN COMM OF TAXATION STATE "TAX W/H 15594 19684.21 STATE OF MINNESOTA CONTRIBUTIONS, RETIREMENT AND -P. E. R. A. W/H 1 95 3,128.70 STATE OF MINNESOTA CONTRIBUTIONS; RETIREMENT AND- P.E.R.A. W/H NECESSARY DIRECT EXPENDITURES SINCE LAST COUNCIL MEETING SUB -TOTAL 11 CHECKS TOTALING 17,855.75 PAYROLL - JUNE 1, 1972 ITEM NO. CHECK NO. CLAIMANT A 1. 4370 Vivian R. Lewis MOUNT $ 207.49 2• 4371 Michael G. Miller 529.42 3. 4372 Donald W. Ashworth 364.88 4• 4373 Lucille E. Aurelius 276.89 5• 4374 Phyllis C. Green 197.36 6• 4375 Arline J. Hagen 169.66 7. 4376 Alfred J. Peloquin 231.13 8• 4377 Betty D. Selvog 197.36 9. 4378 Lydia A. Smail 151.52 10. 4379 Rita C. Smith 141.7.7 11. 4380 Charles E. Ancerson 364.80 12. 4381 David L. Arnold 320.34 13. 4382 Charles E. Anderson 614.37 14. 4383 John H. Atchison 308.74 15. 4384 Anthony G. Cahanes 379.47 16. 4385 Dale K..Clauson 286.77 17. 4386 Kenheth V. Collins 354.25 18. 4387 Dennis S. Cusick 347.88 19. 4388 Dennis J. Delmont 308.75 20. 4389 Robin A. DeRocker 319.92 21. 4390 Richard C. Dreger 316.25 92• 4391 Raymond E. Fernow 278,43 23. 4392 Patricia Y. Ferrazzo 236.78 24• 4393 David M. Graf 307.56 25. 4394 Norman L. Green 322.88 26. 4395 Thomas L. Hagen 406.79 27. 4396 Kevin R. Halweg 231.98 28. 4397 Michael J. Herbert 267.66 29. 4398 James T. Horton 293.37 30. 4399 Donald V. Kortus 206.15 31. 4400 Richard J. Lang 279.80 32. 4401 Roger W. Lee 301.97 33. 4402 John J. McNulty 319.05 34. 4403 Richard M. Moeschter 294.67 35. 4404 Robert D-. Nelson 333.85 36. 4405 William F. Peltier 240.80 37. 4406 James A. Nichols 301.80 38. 4407 Dale E. Razskazoff 247.21 39. 4408 Richard W. Schaller .446.41 40. 4409 Robert E. Vorwerk- 262.17 41. 4410 Duane J. Williams 292.25 42. 4411 Joel A. White 108.63 43. 4412 Joseph A. Zappa 384.60 44• 4413 Donald W. Skalman 280.34 45. 4414 Gregory L. Stafne 266.44 46. 4415. Maureen A. Degroot 79.54 47. 4416 Pamela J. Schneider 154.70 6 -1 -72 ITEM NO. CHECK NO. CLAIMANT AMOUNT 48. 4417 Marcella I.A. Mottaz 177.43 49. 4418 Alfred C. Schadt 360.74 50. 4419 Frank J. Sailer 137.38 51. 4420 Bobby D. Collier 513.18 52. 4421 William C. Cass 350.50 53. 4422 James G. Elias 217.51 54. 4423 Raymond J. Hite Jr 442.22 55. 4424 Dennis L. Peck 212.49 56. 4425 Janet A. Rois 181.99 57. 4426 Bernard A. Kaeder 318.34 58. 4427 Raymond J. Kaeder 279.96 59. 4428 Henry F. Klausing 268.46 60. 4429 Gerald W. Meyer 222.99 61. 4430 Joseph W. Parnell 25049 62. 4431 Arnold H. Pfarr 285..3 63. 4432 Joseph B. Prettner 372.67 64. 4433 Edward A. Reinert 285.31 65. 4434 Greg J. Bailey 163.09 66. 4435 Myles R. Burke 260.88. 67. 4436 Herbert R. Pirrung 411.25 68. 4437 Stanley Weeks 274.1'0 69. 4438 David Germain 232.81 70. 4439 Kevin B. McNulty 99.05 71. 4440 Lawrence B. Mike 183.16' 72. 4441 Frank R. Kirsebom 324.34 .3. 4442 Anthony T. Baiilla 332.73 74. 4443 Richard J. Bartholomew 281.91 75. 4444 Laverne S. Nuteson 233.65 76. 4445 Gerald C. Owen 280.85 77. 4446 Thomas C. Rowan 187.99 78. 4447 JoAnn C. Christensen 182.12 79. 4448 John P. Joyce 334.01 80. 4449 Eric J. Blank 285.57 81. 4450 Bailey A. Seida 418.20. 82. 4451 Judy M Chlebeck 181.99 83. 4452 Lester G. Axdahl 163.18 84. 4453 John C. Greavu 132.49 85. 4454 Harold L. Haugan 124.69 86. 4455 Patricia L. Olson 124.69 87. 4456 Donald J. Wiegert 124.69 88. 4457 Clifford J. Mottaz 227.98 Check No. 4370 through Check No. 4457 TOTAL $ 23,976.93 6 -1 -72