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