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HomeMy WebLinkAbout11-16-1972AGENDA Maplewood `✓i.11age Council 7:00 P.M., Thursday, November 16, 1972 Municipal Administration Building Meeting 72 -. 43 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES - None (D) AWARDING OF BIDS -i 1, 1972 Bond Issue (7:00 P.M.) (E) PUBLIC IIEARINGS 1. Zone Change (R -1 to LBC) - Southwest corner of Cope Avertue and Flandrau Street 2. I,iquo- Li.cer.::e (Off Sale) - 1.690 white Bear Avenue (rTai o_.d L. Metz) 3. Lia: r License Violation _. Keller Club Ilnuse lRusse.'.1. James Miller) F) APPROVAL OF ACCOUNTS G) VISITOR PRESENTAT:.LONS H) UNFINISHED BUSINESS_ "^ I. Zone Change (R -1 to LBC) - West si.dc, of ?,,7hite. Bear. A.ven„e, Frost Avenue to Larpenteur Avenue 2. Planned Unit Development - Archdiocese (Sout:hwest corner of Century Avenue and Larpenteur Avenue) 3. Street Improvement - Fland:rau Street 4. Water Improvements (Final Payment): a. TH 36 b. rd7e:non't, i irgston, Arii''r 1. Ji ?t, R plel FUrn SS nCi Edgerton Playground 5. Street Improvement - Lark Avenue (Change order) 6. Planned Unit Development - Wiensch Contruction Corp (Supplemental agreement) 7. Sewer and Water Improvements - Van Dyke, Sandhurst 2 Kohlman (Termination of contracts) 8. Ditch Improvement - Battle Creek 9. Zoning Procedure - Ordinance 10. Motorized Vehicles in Village Parks - Ordinanced 11. Gas Rate Authority- Joint powers agreement (Il NEW BUSINESS 1. Parh Development - Maplecrest 2. Building Plans - 2310 Gall Avenue _ 3. Subdivision - Preliminary Pla' (Tilsen's Maplewood Heights No. 8 ) 4. Sign Permit - Larry's Drive -In S. Storm Sewer Improvement - Kingston Avenue (J) COUNCIL PRESENTATIONS (K) ADMINISTRATIVE PRESENTATIONS (L) ADJOURNMENT ADDENDUM TO THE AGENDA Meeting 72 - 43 I T E M D-1 Please note that the bid letting is at 7:00 P.M. The total bond sale is for $670,000. E -1 The proposed land use appears to be in conformity with the Plan for Maplewood. Recent public improvements on Cope Avenue and existing zoning to the north and east of the site are conducive to other than residential usage of this property. Approval of the zone change is recommended subject to (1) the payment of a "service availability charge" to offset the difference between residential assessments and commercial - industrial assessments charged in the Cope Avenue project and (2) the ordering of the improvement of Flandrau Street. E -2 This application is for an off -sale intoxicating liquor license The applicant lists his residence as 1706 Arkwright Street in Maplewood. The application is for the Maple Leaf Liquors. Routine police checks are being run. The results will be reported at the meeting. E- -3* At approximately 2:10 A.M. on August 24th, a party was observed sitting at the bar with a mixed drink at the Keller Club House. The licensee, Russell James Miller, was arrested and charged with after hours display of liquor. He plead guilty to the violation as charged on October 18th. Judge Kirby sentenced the licensee with a stay of imposi.ti.on of sentence for one year. H -1 This zone change was heard on November 9 and carried over to this date. The staff had recommended approval subject to conditions. H -2* The Archdiocese of Saint Paul and Minneapolis, Office of Urban Affairs, has requested that the Council take action on its proposed nonprofit housing development. Joseph Errigo Jr. claims that the proposal is in line with the Plan for Maple- wood and that as such the matter of the extension of utilities to serve the site becomes one of "only the actual design and scheduling of the necessary improvements." The Plan states on page 129 "the proposed development of urban residential areas where the provision of effective services such as streets, utilities, public safety, recreation programs and other community :services are not available it should be declared premature and thus discouraged. The community should apply this concept to all forms of residential development." Due to design factors the extension of utilities at this time could be costly in the future to the Village and to the surrounding'p.roperty owners. It is recommended that this re- quest be denied. H -3* Enclosed is a feasibility report for the improvement of Flandrau Street from Cope Avenue to Lark Avenue. The project is found to be feasible. An assessment ratio of two to one is being suggested as an assessment ratio between commercial and residential. properties. The estimated cost of the improve- ment is $10,342.00. Assessments would run $59.08 (or $11.82 depending on the formula used) per foot for residential property and $118.16 (or $23.63) per foot for commercial property. It is recommended that the feasibility report be accepted and a hearing date of December 21, 1972 be established. We have also received a petition from a number of property owners in this area in which demands that Fl.andr_au between Lark and Cope be opened, surfaced and maintained by the Village. It should be pointed out that we have a number of unimproved Village streets around the community and that a policy of maintaining such streets could prove to be very expensive for the Village. H -4* Final payment of $3,326.00 is recommended for the TH 36 water improvement. The total cost of the project was $21,096.00. Final payment of $5,218.04 is recommended for those projects listed under H -4b. These were separate projects included under one contract. The total cost of the project was $31,239.60. Final payment is recommended. H - -5* A change order is recommended which reduces the cost of curb and gutter from $3.45 to $1.60 per foot. This amount: was agreed upon as payment for curbing which was felt deficient. This reduces the cost of this work from $8,652.60 to $4.,01.2.80. Approval of the change order is recommended. H -6* The failure of asphalt roadways in the Wiensch Contruction area resulted in the withholding of occupancy permits until roadways were properly constructed. Due to the lateness of the year it appears that the necessary repairs cannot be accomplished until next spring. A supplemental agreement with the Wiensch Con- struction Corporation has been prepared to accept the existing roadways as temporary roadways with repairs to take place in the spring. The Village has secured a letter of credit which will give the necessary monetary security to the agreement. Adoption of the supplementary agreement is recommended. H -7* We have had considerable difficulty in the completion of the Van Dyke sewer and Sandhurst and Kohlman water lines. The original contractor, R. A. Luxenberg Construction Company, has failed to complete these projects as per the contract. A complete file on this problem is enclosed. It is recommended that the Total Asphalt Construction Company be awarded the contracts for the completion of these projects at a cost of $986.63 for the Kohlman Avenue project and $4,872.50 for the Van Dyke Street project. This company submitted the lowest written quotation for these projects. Adoption of the enclosed resolutions is recommended, -2- 11-8* The enclosed agreement is proposed by the State and grants the Village permission to operate within its right- of -wav and also provides for the payment of a sum of $1,260.00 as a State share in the construction of the improvement of the north branch of Battle Creek. Approval of the agreement is recommended. H -9 It is recommended that this item be tabled at this time. We are studving the possibility of recommending tabling until final Plan adoption. H -10 This ordinance is up for final passage. Second reading is recommended. 11-11* For some time now I have been acting as your representative on a joint powers gas rate study group. It was the purpose of this group to prepare a joint powers agreement establishing a gas rate authority for communities which secure gas from Northern States Power. The study group retained the services of the law firm of Crawford, Anderson and O'Connor. After a number of months of work and negotiations with Northern States Power, the enclosed agreement has been prepared and submitted for adoption. All municipalities served by Northern States Power as gas customers, except the City of St. Paul, are automatically eligible for membership. The voting power of the members is based on one vote per $500,000 of firm gas revenue paid to NSP for the preceding calendar year. The authority's powers and duties include (1) the employment of a rate consult - ant, (2) negotiations with NSP relative to rates, (3) collect monies from the gas company and from its members (but has no power to tax) and (4) it does not have the power to amend any franchise of its members. This method of rate regulation has worked successfully in the Minneapolis area. It is anticipated that monies provided by NSP will be sufficient to cover the costs of this organization. Adoption of the joint powers agree- ment is recommended. I -1* A number of residents in the Maplecrest (Ban Con) area are requesting that the Village study the possibility of develop- ing six vacant lots north of Eldridge Avenue between Arcade Street and Iienwood Drive as a playground area. They are ask - ing that the Village determine the cost of land acquisition at this time in order that that group can determine what type of financing would be acceptable to the neighborhood. It is suggested that the staff be authorized to negotiate with the owner of the land. I -2* Mr. Gene Cassiday proposes to expand his existing building which is now being used for residential and business purposes. He proposes to add a two story section having a. total area of .4,680 square feet. The proposed addition is in a residentially zoned district although the existing structure at 2310 Gall Avenue is listed in the St. Paul telephone directory as Cassiday Manufacturing Chemists. The proposed addition would add a net area of commercial use of 1976 square feet, an increase of 68 %. At the present time we have no concrete proof -3- relative to whether this use is a nonconforming use or simply illegal. However, even if the commercial use is nonconforming, the Village Code provides only for the maintenance of non- conforming uses and not for expansion. It is recommended that the proposed application be denied on the basis that it is the expansion of an illegal or nonconforming use. This is purely a manufacturing or commercial use and any expansion of it is clearly in violation of the Zoning Code. I cannot agree with the Director of Community Development that the expansion of the building without commercial use in the addition is allowable. I can see no way of effectively assuring that (1) the applicant will not expand his operations into this building without our knowledge or (2) he will simply expand his commercial operation in the existing building and move completely into the proposed addition. Denial is .recommended. I -3* Enclosed is a copy of a letter from the Village Manager of North Saint Paul indicating that North Saint Paul cannot service this area with water without the addition of a well. That community wishes indications from us relative to the desire of Maplewood to continue its contractual service with North Saint Paul in this area. This is a question which it appears cannot be answered at this time. Without an assurance of adequate water supply for the proposed plat area, it would appear that the preliminary plat should be tabled at this time until satis- factory answers are forthcoming. It is so recommended. Enclosed is a copy of the staff report if the Council does wish to pro- ceed with this item. I -4* Larry's Drive -In on Rice Street has requested that the arrow sign proposed recently be approved as a non - flashing or inter- rupted light. There are already a number of signs on the property of this drive -in. An additional fixture does not appear to he warranted. Denial of the proposed addition is recommended. I -5* We have received a petition requesting storm sewer_ on Kingston Avenue in the vicinity of Abel Street. It is difficult to ascertain the legal validity of the petition, because the criteria outlined by statute is based on a front foot allotment as compared to the square footage allotment utilized in Maple- wood for storm sewer assessments. We would recommend a feasibility report be ordered with the understanding that the findings will probably indicate that the project would need to be Council -- initiated. There is a very bad water problem in the area and storm sewer appears to be the only solution. * Information enclosed MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:00 P.M., Thursday, November 16, 1972 Council Chambers, Municipal Building Meeting No. 72 -43 A. CALL TO ORDER A regular meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and called to order at 7:03 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor John C. Greavu, Councilman Harald L. Haugan, Councilman Donald E. Olmstead, Councilman Donald J. Wiegert, Councilman APPROVAL OF MINUTES None. D. AWARDING OF BIDS 1. 1972 Bond Issue (7:00 P.M.) Present Present Present Present Present a. Mayor Axdahl convened the meeting for the purpose of receiving bids for the sale of the General Obligation Bonds of 1972 ($670,000). b. The Clerk presented affidavits showing publication of notice of call for bids on $670,000 General Obligation Improvement Bonds of 1972 of the Village, for which bids were to be received at this meeting, in accordance with the resolution adopted by the Village Council on November 2; 1972. Said affidavits were examined, found to comply with the provisions of Minn- esota Statutes, Chapter 475, and were approved and ordered placed on file. The Council proceeded to receive and open bids for the sale of said bonds. The following bids were received: Bidder Interest Rate Net Interest Cost BANC NORTHWEST 4.00% 4.25% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% PURCIL - 1975 -1979 - 1980 -1983 - 1984 - 1985 - 1986 - 1987 - 1988 -1989 - 1990 -1992 SSE PRICE - $663,099.00 $417,633.50 (4.79762%) - 1 - 11/16 BIDDER INTEREST RATE NET INTEREST COST AMERICAN NATIONAL BANK & TRUST COMPANY Allison - Williams Company Paine, Webber, Jackson & Curtis E. J. Prescott & Company PIPER, JAFFRAY & HOPWOOD,INC. Dain, Kalihan & Quail, Inc. Shearson, Hammill & Co., Inc. Caldwell- Phillips, Inc. NATIONAL CITY BANK OF MINN- EAPOLIS REYNOLDS SECURITIES, INC. Miller and Schroeder Municipals, Inc. FIRST NATIONAL BANK OF ST. PAUL First National Bank of Minneapolis 3.60% - 1975 3.70% - 1976 3.80% - 1977 3.90% - 1978 4.00% - 1979 4.10% - 1980 4.20% - 1981 4.30% - 1982 4.40% - 1983 4.50% - 1984 4.60% - 1985 4.70% - 1986 4.80% = 1>1987 4.90% - 1988 -1990 5.00% - 1991 -1992 PURCHASE PRICE - $660,794.00 3.50% - 1975 3.70% - 1976 3.90% - 1977 4.00% - 1978 4.10% - 1979 -1980 4.25% - 1981 4.40% - 1982 4.50% - 1983 4.60% - 1984 4.70% - 1985 4.80% - 1986 -1987 4.90% - 1988 -1989 5.00% - 1990 -1992 PURCHASE PRICE - $661,497.70 3.75% - 1975 -1976 4.00% - 1977 -1978 4.20% - 1979 -1980 4.30% - 1981 4.50% - 1982 -1983 4.60% - 1984 4.70% - 1985 4.75% - 1986 -1988 5.00% - 1989 -1992 PURCHASE PRICE - $661,216.30 3.55% - 1975 3.75% - 1976 3.85% - 1977 4.00% - 1978 4.05% - 1979 4.10% - 1980 4.20% - 1981 4.30% - 1982 - 2 - 11/16 $418,356.00 (4.8059%) $421,372.30 (4.8406 %) $422,031.20 (4.8481 %) 4.40% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% PURCIL - 1983 - 1984 - 1985 - 1986 - 1987 - 1988 - 1989 -1992 SSE PRICE - $658,589.90 $422,580.10 (4.8544%) c. The Council then proceeded to consider such bids. After the bids had been considered and discussed, Councilman Greavu introduced the following resolution and moved its adoption: 72 - 11 - 245 RESOLUTION ACCEPTING BID ON SALE OF $670,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1972 PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF BE IT RESOLVED by the Council of the Village of Maplewood, Minnesota, as follows: 1. That the bid of BancNorthwest to purchase $670,000 General Obligation Improvement Bonds of 1972 of the Village, in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $663,099.00 (plus a premium of none) is hereby found, determined and declared to be the most favorable bid received, and is hereby accepted and said bonds are hereby awarded to said bidder. The Village Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bid- ders. Said bonds shall be payable as to principal and interest at the Northwestern National Bank in Minneapolis, Minnesota. 2. The $670,000 negotiable coupon general obligation bonds of the Vil- lage shall be dated December -11, 1972 and shall be issued forthwith. Said bonds shall be 134 in number and numbered from I to 134, both in- clusive, in the denomination of $5,000 each. Said bonds shall mature serially, lowest numbers first, on December 1 in the years and amounts as follows: $20,000 in the $25,000 in each $30,000 in each $35,000 in each $40,000 in each $45,000 in each $50,000 in each $55,000 in each Jea of of of of of of of 1975; the years the years the years the years the years the years the years 1976 to 1979, 1980 to 1981, 1982 to 1983, 1984 to 1986, 1987 to 1988, 1989 to 1990, 1991 to 1992, both both both both both both both inclusive; inclusive; inclusive; inclusive; inclusive: inclusive; inclusive, 3. Said bonds shall provide funds for the construction of various im- provements in the Village. The total cost of said improvements, includ- - 3 - 11/16 No. ing the cost of construction under the terms of the lowest bid received, engineering, legal and other professional charges, publication and print - ing costs, interest accruing on money borrowed for the improvements be- fore the collection of special assessments levied therefor, and all other costs necessarily incurred and to be incurred from the inception to the completion of the improvements, is estimated to be at least equal to the amount of the bonds herein authorized. Work on the improvements shall proceed with due diligence to completion. 4. The bonds of said issue maturing in the years and bearing the serial numbers set forth below shall bear interest, payable December 1, 1973 and semiannually thereafter on June 1 and December l of each year, at the respective rates per annum set opposite said maturity years and serial numbers: Maturity Years 1975 -1979 1980 -1983 1984 1985 1986 1987 1988 -1989 1990 -1992 Serial Numbers 1 -24 25 -50 51 -58 59 -66 67 -74 75 -83 84 -102 103134 Interest Rate 4.00% 4.25% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 5. All bonds of this issue maturing in the years 1983 to 1992, both in- clusive (bonds numbered 1 to 134, both inclusive), shall be subject to redemption and prepayment at the option of the Village in inverse order of serial numbers, on December 1, 1982 and on any interest payment date thereafter at par and accrued interest, plus a premium of $75.00. Pub- lished notice of redemption shall in each case be given in accordance with law, and at least thirty days prior mailed notice of redemption shall be given to; -the bank where said bonds are payable and to the last known holders, provided that published notice alone shall be effective without mailed notice. Holders desiring to receive mailed notice must register their names, addresses and bond numbers with the Village Clerk. 6. The bonds and interest coupons to be issued hereunder shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY VILLAGE OF MAPLEWOOD GENERAL OBLIGATION IMPROVEMENT BOND OF 1972 N INOW ALL MEN BY THESE PRESENTS that the Village of Maplewood, Ramsey County, Minnesota, certifies that it is indebted and for value received promises to - 4 - 11/16 pay to bearer the sum of THOUSAND DOLLARS on the first day of December, 19_ and to pay interest thereon from the date hereof until the principal is paid at the rate of per cnet ( 7.) per annum, payable on the first day of December, 1973 and semiannually thereafter on the first day of June and the first day of December in each year, in accordance with and upon pre- sentation and surrender of the interest coupons hereto attached, as the same severally become due. Both principal and interest are payable at in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. All bonds of this issue maturing in the years 1983 to 1992, both inclusive (bonds numbered to , both inclusive), are subject to redemption and prepayment at the option of the Village in inverse order of serial numbers, on December 1, 1982 and on any interest payment date thereafter at par and accrued interest, plus a premium of $ Published notice of redemption shall be given to the bank where said bonds are payable and to the last known holders, provided that published notice alone shall be effective without mailed notice. Holders desiring to receive mailed notice must register their names, addresses and bond numbers with the Village Clerk. This bond is one of an issue in the total principal amount of $670,000 all of like date and tenor, except as to serial number, maturity, interest rate and redemption privilege, which bond has been issued pursuant to and in full con- formity with the Constitution and laws of the State of Minnesota for the pur- pose of providing money for various improvements, and is payable out of the General Obligation Improvement Bonds of 1972 Fund of the Village. This bond constitutes a general obligation of the Village, and to provide moneys for the prompt and full payment of said principal and interest when the same be- come due, the full faith and credit and taxing powers of said Village have been and are hereby irrevocably pledged. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things re- quired by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and this bond, together with all other debts of the Village outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitat- ion of indebtedness. IN WITNESS WHEREOF, the Village of Maplewood, Ramsey County, Minnesota, by its Village Council has caused this bond to be executed in its behalf by the signatures of the Mayor and the Village Clerk, and the corporate seal of said Village to be affixed hereto, and has caused the interest coupons to be ex- ecuted and authenticated by the facsimile signatures of said officers, all as of December 1, 1972. Village Clerk Mayor - 5 - 11/16 (Form of Coupon) No. $ On the first day of December (June) , 19_, unless the bond described below is called for earlier redemption, the Village of Maplewood, Ramsey County, Minnesota, will pay to bearer at the sum shown hereon for interest then due on its General Obli- gation Improvement Bond of 1972, No._ dated December 1, 1972. /s/ Facsimile Village Clerk /s/ Facsimile Mayor 7. The bonds shall be executed on behalf of the Village by the sig- nature of its Mayor and the signature of its Clerk and be sealed with the seal of the Village; provided, that one of such signatures and the seal of the Village may be printed facsimiles, The interest coupons per- taining thereto shall be executed by the printed, engraved or lithograph- ed facsimile signatures of the Mayor and Clerk. 8. The said bonds when so prepared and executed shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obliged to see to the proper appli- cation thereof. 9. There is hereby created a special fund to be designated "General Obligation Improvement Bonds of 1972 Fund" to be held and administered by the Village Treasurer separate and apart from all other funds of the Village. Said fund shall be maintained in the manner herein specified until all of the bonds herein authorized and the interest thereon have been fully paid. In said fund there shall be maintained two separate accounts, to be designated as the "Construction Account" and the "Sink- ing Fund Account ", respectively. The proceeds of the sale of the bonds herein authorized, less any premium and accrued interest received there- on, and less any amount paid for said bonds in excess of $656,900, and less capitalized interest in the amount of $ - 0 - , shall be credited to the Construction Account, from which there shall be paid all costs and expenses of making said improvements, including the costs of con- struction contracts heretof6reclet and all other costs incurred and to be incurred and the moneys in said account shall be used for no other purpose, provided that the bond proceeds may also be used to the extent necessary to pay interest on said bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied, and provided further that if upon completion of said improvements there shall remain any unexpended balance in said Con- struction Account, said balance may be transferred by the Council to the fund of any other improvement instituted pursuant to Chapter 429 M.S.A. There is hereby pledged and there shall be credited to the Sinking Fund Account, all collections of special assessments herein covenanted to be levied, all accrued interest received upon delivery of said bonds, all funds paid for the bonds in excess of $656,900, capitalized interest in the amount of $ -0- , collections of all taxes herein levied for the payment of said bonds, and all funds remaining in said Construction Account after completion of the improvements and - 6 - 11/16 payment of the costs thereof, not so transferred to the fund of another improvement. The Sinking Fund Account shall be used solely to pay prin- cipal and interest on the bonds issued hereunder and any other general obligation bonds of the Village hereafter issued by the Village and made payable from said account. 10. The Village will make no use of the proceeds of said bonds which, if such use had been reasonably expected on the date of delivery of and payment for the bonds, would have caused such obligations to be arbitrage bonds within the meaning of Section 103 (d) of the Internal Revenue Code and any regulations promulgated thereunder; and the Village will comply with the requirements of said Section 103 (d) and regulations throughout the term of the issue. 11. It is hereby determined that no less than $330,000 of the cost of improvements shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by said improve- ments. The Village hereby covenants and agrees that it will do and per- form as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of -land due to any error, defect, or irregularity, in any action or proceedings taken or to be taken by the Village or this Council or'.any:of` the Village officers or employees, either in the making of such assessments or in the performance of any condition precedent thereto, the Village and this Council will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. Said assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the deferred balance of all such assessments at the rate of 7% per annum: Improvement Designation Amount Levy Years Cope Avenue 69 -23 $50,000 1973 -19,91 Battle Creek 71 -24 67,700 1973 -1991 Larpenteur Avenue 72 -4 ) 30,000 1973 -1991 Myrtle Street 72 -6 ) Conway- McKnight 72 -5 57,750 1973 -1991 County Road B 72 -9 " 7,500 1973 -1991 Arcade Street 72 -13 25,000 1973 -1991 Londin Lane 72' -12 7,500 1973 -1991 Beam Ave.- Hazelwood -RR 70 -5 83,000 1973 -1991 12. To provide moneys for the payment of said principal and interest there is hereby levied upon all of the taxable property in the Village a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of, other general property taxes in said Village for the years and in the amounts as follows: - 7 - 11/16 Year of Tax Year of Tax Levy Collection Amount 1973 1974 $10,000 1974 1975 16,000 1975 1976 22,000 1976 1977 25,000 1977 1978 30,000 1978 1979 30,000 1979 1980 30,000 1980 1981 30,000 1981 1982 30,000 1982 1983 30,000 1983 1984 30,000 1984 1985 30,000 1985 1986 30,000 1986 1987 30,000 1987 1988 30,000 1988 1989 30,000 1989 1990 30,000 1990 1991 30,000 1991 1992 36,000 Said tax levies are such that if collected in full they, together with es- timated collections of special assessments and other revenues pledged for the payment of said bonds, will produce at least five per cent in excess of the amount needed to meet when due the principal and interest payments on the bonds. Said tax levies shall be irrepealable so long as any of said bonds are out- standing and unpaid, provided that the Village reserves the right and power to reduce the levies in the manner and to the extent permitted by Sec. 475.61 (3) M.S.A. For the prompt and full payment of the principal of and interest on said bonds, as the same respectively become due, the full faith, credit and taxing powers of the Village shall be and are hereby irrevocably pledged. 13. The Village Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he shall require, and to obtain from said Auditor his certificate that said bonds have been entered in the said Auditor's Bond Register, and that the tax levy required by law has been made. 14. The officers of the Village are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the Village relating to said bonds and to the financial condition and affairs of the Village, and such other affidavits, certificates and in- formation as are required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records - 8 - 11/16 under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore fur - nished, shall be deemed representations of the Village as to the facts recited therein. Seconded by Councilman Wiegert. Ayes - all. E. PUBLIC HEARINGS 1, Zone Change (R -1 to LBC) - Southwest Corner of Cope Avenue and Flandrau Street a. Mayor Axdahl convened the meeting for a public hearing to consider the request from the St. Paul Eye Clinic for a zone change from R -1 to LBC, property described as North 1/2 of vacated alley; Lot 1 except the west 375 feet thereof, Block 6, Smith and Taylors Addition to North St. Paul. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and further stated the proposed land use appears to be in conformity with the Plan for Maplewood. Recent public improvements on Cope Avenue and existing zoning to the north and east of the site are conducive to other than residential usage of this property. Approval of the zone change is recommended subject to (1) the payment of a "service availability charge" to offset the difference between residential assessments and commercial- industrial assessments charged in the Cope Avenue project and (2) the ordering of the improvement of Flandrau Street. c. Chairman Lyman Coombs, Planning Commission, presented the following Com- mission's recommendation: Commissioner Stolzman: moved that the Planning Commission recommend approval of the rezone request to the Village Council subject to the Staff report re- commendations. Commissioner Kishel seconded. Ayes - all. d. Mr. John Bellows, attorney for the applicant, spoke regarding the proposed zone change. They have objections to two items; the landscaping requirement and they feel the SAC charge is a reassessment, they feel they have paid for the additional improvements to a commercial level as part of their purchase price and feel that paying of a SAC charge would be like paying double. e. Council and staff explained the proposed SAC charge. Manager Miller stated that if the legal staff finds that this is An. illegal assessment, that would be part of the report to be made before second reading of the ordinance. f. Mayor Axdahl asked if there were any persons present who wished to speak in opposition to the proposal. None wished to be heard. g. Councilman Wiegert moved the first reading of an ordinance to accomplish this zone change in accordance with the staff recommendations (see attached Addendum No. 1) and in the mean time the staff then be empowered to investigate re5zard to Seconded by Councilman Olmstead. Ayes - all. - 9 - 11/16 2. Liquor License (Off -Sale) - 1690 White Bear Avenue (Harold L. Metz) a. Mayor Axdahl convened the meeting for a public hearing to consider the application of Mr. Harold L. Metz for an Off -Sale Liquor License at 1690 White Bear Avenue. b. Manager Miller stated this application is for an off -sale intoxicating liquor license. The applicant lists his residence as 1706 Arkwright Street in Maplewood. The application is for the Maple Leaf Liquors. Approval is re- commended of the license on condition of submission of affidavit of sole ownership by the applicants and the third party listed, Virginia Pinotti. c. Mayor Axdahl called for proponents. None were heard. d. Mayor Axdahl called for opponents. None were heard. e. Councilman Haugan moved approval of the license and introduced the follow- ing resolution and moved its adoption: 72 - 11 - 246 NOTICE IS HEREBY GIVEN, that pursuant to action by the Village Council of the Village of Maplewood on November 16, 1972, an Off Sale Liquor License (intoxicating) was approved for the H.L.M. Corporation located at 1690 White Bear Avenue (Maple Leaf Liquors). The Council is proceeding in this matter as outlined under the provis- ions of Village Ordinance. Seconded by Councilman Greavu. Ayes - all. 3. Liquor License Violation - Keller Club House (Russell James Miller) a. Mayor Axdahl convened the meeting for a public hearing regarding a liquor license violation by Keller Club House, 2166 Maplewood Drive. b. Manager Miller stated at approximately 2:10 A.M. on August 24th, a party was observed sitting at the bar with a mixed drink at the Keller Club House. The licensee, Russell James Miller, was arrested and charged with after hours display of liquor. He plead guilty to the violation as charged on October 18th. Judge Kirby sentenced the licensee with a stay of imposition of sen- tence for one year. In the packet received by Council there is a letter to R.J. Millerfrom Chief Schaller, dated September 8, 1972, warning him of this type of operation. This is a seasonal type of operation. There is no bond posted 6n +this type of license and we suggest a suspension of license, a thirty day suspension next April, which is the normal time of opening. c. Mayor Axdahl asked if RJ.Miller was present. He was not present. d. Councilman Wiegert moved a 30 day suspension of the - 10 - 11/16 Seconded by Councilman Olmstead. F. APPROVAL OF ACCOUNTS Councilman Greavu �3:ie�r[Z�.Ya Seconded by Councilman Haugan. G. VISITOR PRESENTATIONS None. Ii1�9My \F��1- a17��i7'i��f'Jf.X9 Ayes - all. submitted (Part I - 20, $59,654.44; Che - Payroll, Check N 144.377.33 be paid. Ayes - all. 1. Zone Change (R -1 to LBC) West Side of White Bear Avenue - Larpenteur Avenue to Frost Avenue. a. Manager Miller stated this zone change was heard on November 9 and carried over to this date. The staff had recommended approval subject to conditions. It is normal procedure to take written comments during the interim period and the Council discussing them and making a decision at the following meeting. We have received one letter from the law firm of Vogel, Beerman, Schumaker and Nemo, representing Robert G. Hulke and Agnes N. Hulke. It states that they strongly support the Village proposed rezoning. b. Councilman Haugan moved to reopen the public discussion portion of the hearing to allow the opponent and proponents five minutes each for further testimony. Seconded by Councilman Greavu. Ayes - all. c. Mr. James Bothwell, 1704 Flandrau, presented a petition,signed by residents in the area,opposing to the zone change. Forty three residents live on Flan - drau Street, five on Larpenteur and ten on White Bear Avenue, d. Mr. H. Jonnson, 1717 White Bear Avenue, stated he doesn't feel this re- zoning should have any adverse effect on people living on Flandrau, Frost or Larpenteur Avenue. He doesn't feel that this portion of White Bear Avenue is a place to live any longer because of the traffic. e. Councilman Wiegert moved to hold the h Seconded by Councilman Haugan. Ayes - all for an three f. Mr. Norman Anderson, 1603 Frost Avenue, questioned if Council could con- trol the type of buildings, etc, if the property were rezoned. g. Councilman Wiegert moved the first reading of an ordinance to rezone the ffn area. as Seconded by Councilman Greavu. Ayes - all. U1 UU1UL1UY, L in addition those lots - 11 - 11/16 2. Planned Unit Development - Archdiocese (Southwest Corner of Century Avenue and Larpenteur) a. Manager Miller stated the Archdiocese of Saint Paul and Minneapolis, Office of Urban Affairs, has requested that the Council take action on its proposed nonprofit housing development. Joseph Errigo, Jr. claims that the proposal is in line with the Plan for Maplewood and that as such the matter of the extension of utilities to serve the site becomes one of "only the actual design and scheduling of the necessary improvements." The Plan states on page 129 "the proposed development of urban residential areas where the provision of effective services such as streets, utilities, public safety, recreation programs and other community services are not available it should be declared premature and thus discouraged. The community should apply this concept to all forms of residential development." Due to design factors the extension of utilities at this time could be costly in the future to the Village and to the surrounding property owners. It is recommended that this request be denied. b. Mr. Joseph Errigo, Jr., Associate Director of the Office of Urban Affairs, Archdiocese of St. Paul and Minneapolis, reviewed the past history of the proposal to refresh everyones memory. The original request was made on March 22 of this year. They first appeared here on June 29th. On July 13th, the Council tabled the proposal indefinitely. He summarized the major areas dis- cussed with staff and Planning Commission. C. Councilman Wiegert moved to deny the request of the Archdiocese to take from the table the proposed development. Seconded by Councilman Greavu Motion carries four to one. 3. Street Improvement - Flandrau Street Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nays - Councilman Olmstead. a. Manager Miller presented a feasibility report for the improvement of Flan- drau Street from Cope Avenue to Lark Avenue. The project is found to be feas- ible. An assessment ratio of two to one is being suggested as an assessment ratio between commercial and residential properties. The estimated cost of the improvement is $10,342.00. Assessments would run $59.08 (or $11.82 de- pending on the formula used) per foot for residential property and $118.16 (or $23,63) per foot for commercial property. It is recommended that the feasibility report be accepted and a hearing date of December 21, 1972 be established. We have also received a petition from a number of property own- ers in this area in which demands that Flandrau between Lark and Cope be open- ed, surfaced and maintained by the Village. It should be pointed out that we have a number of unimproved Village streets around the community and that a policy of maintaining such streets could prove to be very expensive for the Village. b. Village Engineer Collier presented the details of the feasibility report. c. Councilman Wiegert moved to accept the feasibility report and order a hearing date of December 21, 1972 for the improvement for that block of Lark describing a possible assessment area for the boundaries described by the 12 _ - 11/16 engineer. Seconded by Councilman Greavu. Motion failed. d. Councilman Haugan moved hearine date of December 21 Ayes - Councilmen Greavu and Wiegert. Nays - Mayor Axdahl, Councilmen Haugan and Olmstead. 72 - 11 - 247 feasibili is set a WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Flandrau Street, Lark Avenue to Cope Avenue, by construction of streets and storm sewer, 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 MAPLEWOOD, MINNESOTA, as follows: 1. The report of the Village Engineer advising this Council that the proposed improvement on Flandrau Street, Lark Avenue to Cope Avenue, by construction of streets and storm sewer is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or ::a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $10,342.00. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on 21st day of December, 1972 at 7:30 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING OF STREET AND STORM SEWER IMPROVEMENT TO WHOM IT MAY CONCERN: WHEREAS, the Village Council of the Village of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described, be made, NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: December 21, 1972 at 7:30 P.M. Location: Council Chambers of the Village Hall 1380 Frost Avenue - 13 - 11/16 The general nature of the improvement is the construction of streets and storm sewer on Flandrau Street, Lark Avenue to Cope Avenue. The total estimated cost of said improvement if $10,342.00. 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 improvement should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 16th day of November, 1972. BY ORDER OF THE VILLAGE COUNCIL Seconded by Councilman Greavu. Ayes - Mayor Axdahl, Councilmen Haugan, Greavu and Olmstead. Nays - Councilman Wiegert. Motion carries 4 to 1. 4. Water Improvements (Final Payment) a. T.H. 36 1. Manager Miller stated final payment of $3,326.00 to Erwin Montgom- ery Construction Company for Improvement No. 70 -8 is recommended. Total cost of the project was $21,096.00. 2. Councilman Wiegert introduced the following resolution and moved its adoption: 72 -11 -248 WHEREAS, pursuant to a written contract signed with the Village on August 26, 1971, Erwin Montgomery Construction Company has satis- factorily completed Project 70 -8, T.H. 36 Water Crossing, in accordance with such contract, in the amount of $3,326.00. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the work completed under such contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the Village Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. Seconded by Councilman Haugan. Ayes - all. b. Edgemont, Kingston, Arkwright, Ripley, Furness and Edgerton Playground. - 14 - 11/16 1. Manager Miller stated final payment of $5,218.04 is recommended for those projects listed under H -4b. These were separate projects included under one contract. The total cost of the project was $31, 239.60. Final payment is recommended. 2. Councilman Wiegert introduced the following resolution and moved its adoption: 72 -11 -249 WHEREAS, pursuant to a; written contract signed with the Village on August 26, 1971, Erwin Montgomery Construction Company has satis- factorily completed Project No. 70 -28, Ripley Avenue and Fruness Street Water Improvement; Project No. 71 -7, Edgemont, Kingston, Arkwright Water Improvement; and Project 71 -10, Edgerton School Playground Water Improvement in accordance with such contract, in the amount of $5,218.04. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the work completed under such contract is hereby accept- ed 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, taking the contractor's receipt in full. Seconded by Councilman Haugan. Ayes - all. 5. Street Improvement - Lark Avenue (Change Order) a. Manager Miller stated a change order is recommended which reduces the cost of curb and gutter from $3.45 to $1.60 per foot. This amount was agreed upon as payment for curbing which was felt deficient. This reduces the cost of this work from $8,652.60 to $4,012.80. Approval of the change order is recommended. b. Councilman Olmstead introduced the following resolution and moved its adoption: 72 - 11 - 250 RESOLVED, by the Village Council of Maplewood, Minnesota, that Change Order Number 1 to the contract for Project 69 -19, Lark Street Improvement, reduced from $3.45 per ft. to $1.60 per ft. for concrete curb and gutter, be and hereby is in all things approved. FURTHER, that the Mayor and Clerk be and hrerby are authorized and in- structed to execute the said Change Order for and on behalf of the Village. Seconded by Councilman Greavu. Ayes - all. 6. Planned Unit Development - Wiensch Construction Corporation (Supplemental Agreement) a. Manager Miller stated the failure of asphalt roadways in the Wiensch Construction area resulted in the withholding of occupancy permits until - 15 - 11/16 roadways were properly constructed. Due to the lateness of the year it appears that the necessary repairs cannot be accomplished until next spring. A supplemental agreement with the Wiensch Construction Corporation has been prepared to accept the existing roadways as temporary roadways with repairs to take place in the spring. The Village has secured a letter of credit which will give the necessary monetary security to the agreement. Adoption of the supplementary agreement is recommended. b. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 11 - 251 RESOLVED, by the Village Council of Maplewood, Minnesota, that Supple- mental Agreement No. 1 to the contract for construction of Project 71 -22, Maplewood Hills Townhouses, be and hereby is in all things approved. FURTHER, that the Mayor and Clerk be and hereby are authorized and in- structed to execute the said Supplemental Agreement for and on behalf of the Village. Seconded by Councilman Olmstead. Ayes - all. c. Mr. G. Gerth, 2276 Londin Lane, stated he lives by the Wiensch develop- ment and his basement and yard have been ruined by'the'run off water from the construction. d. Village Planner Seida stated he has a meeting tomarrow A.M. with the foreman of the Wiensch development and will meet with Mr. Gerth. 7. Sewer and Water Improvements - Van Dyke, Sandhurst and Kohlman (Termination of Contract) a. Manager Miller stated there has been considerable difficulty in the com- pletion of the VanDyke sewer and Sandhurst and Kohlman water lines. The or- iginal contractor, R. A. Luxenberg Construction Company, has failed to com- plete these projects as per the contract. A complete file on this problem is enclosed. It is recommended that the Total Asphalt Construction Company be awarded the contracts for the completion of these projects at a cost of $986.63 for the Kohlman Avenue project and $4,872.50 for the VanDyke Street project. This company submitted the lowest written quotation for these pro- jects. Adoption of the proposed resolutions is recommended. b. Councilman Greavu introduced the following resolution,.and moved its adoption: 72 - 11 - 252 WHEREAS, it was necessary and expedient for the Village of Maplewood to assure the completion of paving of Kohlman Avenue pursuant to the com- pletion of a water main,. Project No. 71 -21, and WHEREAS, Total Asphalt Construction Company submitted the lowest written - 16 - 11/16 quotation for the above work, and WHEREAS, this became necessary due to the original contractor, R. A. Luxenburg Construction Company, failing to perform such work; NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, hereby ratifies the action of the Village staff and the actions necessary to complete said paving, and BE IT FURTHER RESOLVED, that the remainder of the total cost of $986.63 be authorized for final payment; BE IT FURTHER RESOLVED, that the monies spent on Project 71 -21 be de- ducted from the funds due the contractor under Project No. 71 -2; BE IT FURTHER RESOLVED, that the Village Clerk and Mayor are hereby directed to issue a proper order for the final payment on such quotation, taking the contractor's receipt in full. Seconded by Councilman Olmstead. Ayes - all. c. Councilman Greavu introduced the following resoltuion and moved its adoption: 72 - 11 - 253 WHEREAS, it was necessary and exepient for the Village of Maplewood to assure the completion of paving of VanDyke Street pursuant to the completion of a sanitary sewer line Project No. 71 -2, and WHEREAS, Total Asphalt Construction Company submitted the lowest written quotation for the above work, and WHEREAS, this became necessary due to the original contractor, R. A. Luxenburg Construction Company, failing to perform such work; NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, hereby ratifies the action of the Village staff and the actions necessary to complete said paving, and BE IT FURTHER RESOLVED, that the remainder of the total cost of $4,872.50 be authorized for final payment; BE IT FURTHER RESOLVED, that the Village Clerk and Mayor are hereby dir- ected to issue a proper order for the final payment on such quotation, taking the contractor's receipt in full. Seconded by Councilman Wiegert. Ayes - all. 8. Ditch Improvement - Battle Creek a. Manager Miller presented an agreement proposed by the State granting the Village permission to operate within its right -of -way and also provides for the payment of a sum of $1,260.00 as a State share in the construction of the improvement of the north branch of Battle Creek, Approval of the agreement is recommended. - 17 - 11/16 b. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 11 - 254 BE IT RESOLVED that the Village enter into an agreement with the State of Minnesota, Department of Highways for the following purposes, to -wit: to provide for the Village of Maplewood to perform, under contract, fill slope restoration construction upon the south slope of the Interstate Trunk Highway No. 94 South Frontage Road in an area approximately 300 feet east of Crestview Drive, and to further provide for the State to pay to the Village the lump sum amount of $1,260.00 as the State's share of said slope restor- ation construction designated by the State as State Project No. 6283 -74 (T.H. 94 =392). Seconded by Councilman Olmstead. Ayes - all. 9. Zoning Procedure - Ordinance a. Manager Miller stated the ordinance was placed on first reading pre- viously and is now placed on the agenda for final passage. b. Following discussion, Councilman Greavu moved to table Item H -9. Seconded by Councilman Haugan. Ayes - all. 10. Motorized Vehicles in Village Parks - Ordinance a. Manager Miller stated that this ordinance is up for second reading. It does not cover snowmobiles, which is covered in the snowmobile ordinance. It provides for motor vehicles in and upon public grounds. b. Councilman Olmstead introduced the following Ordinance and moved its adoption: ORDINANCE NO. 335 AN ORDINANCE AMENDING SECTION 405.010 OF THE MAPLEWOOD CODE CONCERNING VEHICLES ON PARKWAYS IN PARKS OR UPON PUB - LIC GROUNDS BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF MAPLEWOOD AS FOLLOWS: Section 1. Section 405.010 of the Maplewood Code is hereby amended by adding thereto the following subsection, to wit: (D) No person shall operate or drive a motor vehicle in or upon any park, playground, or public play area except on designated roads and parking areas or as and at such times as persons in control of such property may authorize or designate. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. - 18 - 11116 Passed by the Council of the Village of Maplewood this 16th day of November, 1972. Seconded by Councilman Wiegert. Ayes - all. 11. Gas Rate Authority - Joint Powers Agreement a. Manager Miller stated that this item has been discussed in the past. We have had a study committee working on the setting up of a gas rate authority, which is to work with NSP. The study committee has set up a joint powers agreement and did hire a lawyer to work with us in setting this up. This joint powers agreement would establish a gas rate authority. The communities over near Minneapolis have used this in working with Minnegasco. The author- ity is set up to try to establish a uniform franchise for all the member com- munities and to act as a rate regulation authority. It is financed primarily through NSP funds. The first step after the setting up of the authority it- self would be to hire a firm to proceed on the establishment of this franchise. The voting power is established according to the amount of gas revenue which comes out of an authority. Maplewood comes out fairly well on that because we are a high gas user. It goes into effect when communities representing 8 million dollars in gas revenue sign the agreement. This should not be very far off. The communities which have been working on this mainly are North St. Paul, Roseville, White Bear Lake and ourselves. As far as monies going from the community, the gas authority can assess its members up to a certain amount based on the _ afirmed gas, again. It takes a 3/4 vote of the Board to do it. There is no intention at this time of having an assessment, but it could come about in the future. At the present time we have no regulation of gas rates and I feel that this type of organization is the only way we are going to get it, at this time. Adoption of the joint powers agreement is re- commended. b. Mayor Axdahl wished to know, if sometime in the future, they decided to go for an assessment, how large would that amount of money be and from where would it be derived. c. Manager Miller stated he believed that our afirmed gas was somewhere around 1.5 million. The 1971 afirmed gas revenue is $1,287,540.00. That will increase every year as the gas revenue goes up. d. Councilman Haugan moved to approve the Joint Powers Agreement establishing a Gas Rate Authority. Seconded by Councilman Greavu. Ayes - all. I. NEW BUSINESS 1. Park Development - Maplecrest a. Manager Miller stated a number of residents in the Maplecrest (Ban Con) area are requesting that the Village study the possibility of developing six vacant lots north of Eldridge Avenue between Arcade Street and Kenwood Drive as a playground area. They are asking that the Village determine the cost of land acquisition at this time in order that that group can determine what type of financing would be acceptable to the neighborhood, It is suggested that the staff be authorized to negotiate with the owner of the land. - 19 - 11/16 b. Mr. John Meyer, who lives on Belmont Lane, explained the request and also stated the residents have thought about participating in the cost. c. Councilman Haugan moved to authorize the staff to proceed in obtaining information regarding costs of the request. Seconded by Councilman Greavu. Ayes - all. 2. Building Plans - 2310 Gall Avenue a. Manager Miller stated Mr. Gene Cassiday proposes to expand his existing building which is now being used for residential and business pruposes. He proposes to add a two story section having a total area of 4,680 square feet. The proposed addition is in a residentially zoned district although the exist- ing structure at 2310 Gall Avenue is listed in':the St. Paul telephone directory as Cassiday Manufacturing Chemists. The proposed addition would add a net area of commercial use of 1976 square feet, an increase of 68 %. At the present time we have no concrete proof relative to whether this use is a nonconforming use or simply illegal. However, even if the commercial use is nonconforming, the Village Code provides only for the maintenance of nonconforming uses and not for expansion. It is recommended that the proposed application be denied on the basis that it is the expansion of an illegal or nonconforming use. This is purely a manufacturing or commercial use and any expansion of it is clearly in violation of the Zoning Code. I cannot agree with the Dik6dtor of Commun- ity Development that the expansion of the building without commercial use in the addition is allowable. I can see no way of effectively assuring that (1) the applicant will not expand his operations into this building without our knowlege or (2) he will simply expand his commercial operation in the existing building and move completely into the proposed addition. Denial is recommended. b. Mr. Paul Kyykkynen, attorney representing Mr. Cassiday, explained the pro- posal. c. Mr. Cassiday, applicant, also spoke on behalf of his request. d. Following considerable discussion, Councilman Haugan moved to declare this a non - conforming use and to deny the expansion request of Mr. Gene Cassiday. 2310 Gall Avenue. Seconded by Councilman Olmstead. Ayes - all. 3. Subdivision - Preliminary Plat (Tilsen's Maplewood Heights No. 8) a. Manager Miller presented a copy of a letter from the Village Manager of North Saint Paul indicating that North Saint Paul cannot service this area with water without the addition of a well. That community wishes indications from us relative to the desire of Maplewood to continue its contractual ser- vice with North Saint Paul in this area. This is a question which it appears cannot be answered at this time. Without an assurance of adequate water sup- ply for the proposed plat area, it would appear that the preliminary plat should be tabled at this time until satisfactory answers are forthcoming. It is so recommended. Enclosed is a copy of the staff report if the Council does wish to proceed with this item. - 20 - 11/16 b. Mr. Stuart Wells, attorney, representing Mr. Tilsen, reviewed the conditions with the Council and explained the proposed plat. c. Councilman Greavu moved to approve preliminary plat of Tilsen's Maplewood Heights No. 8 subject to conditions: (attached Addendum No. 3) Seconded by Councilman Olmstead. Ayes - all. 4. Sign Permit - Larry's Drive -In a. Manager Miller requested this item be tabled. b. Councilman Haugan moved to table Item I -4 until the Deeember 7 1972 meeting. Seconded by Councilman Olmstead. Ayes - all. 5. Storm Sewer Improvement - Kingston Avenue. a. Manager Miller stated a petition was received for storm sewer improvement in the area of Kingston Avenue and Abel Street. It is difficult to ascertain the legal validity of the petition, because the criteria out- lined by statute is based on a front foot allotment as compared to the square footage allotment utilized in Maplewood for storm sewer assessments. We would. recommend' -,a feasibility report be ordered with the understanding that the findings will probably indicate tnat the project would need to be Council - initiated. There is a very bad water problem in the area and storm sewer appears to be the only solution. b. Councilman Wiegert introduced the following resolution and moved it adoption: 72 - 11 - 255 WHEREAS, the Village Council has determined that it is necessary and expedient that the area described as Kingston Avenue between Jackson Street and Sylvan Street be improved by construction of storm sewer, appurtenances and street reconstruction; 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. Seconded by Councilman Olmstead, Ayes - all. J. COUNCIL PRESENTATIONS 1. Councilman Wiegert stated his concern with articles written by Jim Broede of the St. Paul Dispatch. One article in particular pertaining to a dispute between the Village and School District regarding Beebe Road as it proceeds along the - 21 - 11/16 School District property. Is there such a dispute? Village Engineer Collier stated there was not a dispute. Following a lengthy discussion of Mr. Broede writing articles from staff re- ports and not from meetings, Councilman Wiegert moved that the Press no long be furnished the complete packet, prior to the meeting the agenda and the addendum will be furnished to them. Seconded by Councilman Greavu. Ayes - Mayor Axdahl, Councilmen Greavu, Olmstead and Wiegert. Nays - Councilman Haugan. Motion carried. 2. Councilman Greavu requested staff to investigate the debris being thrown in neighbors yards from the Dairy Queen on Century Avenue. 3. Councilman Wiegert wondered if anyone was aware of the development of a County Public Works Department. Manager Miller stated that on Monday at noon he was meeting with other man- agers to discuss the proposal. 4. Mayor Axdahl requested clarification on the policy or lack of a policy, with respect to home occupations and non conforming uses. K. STAFF PRESENTATIONS 1. Manager Miller stated staff had received a request to approve the change of liquor license stockholder for the King's Hide -A -Way, 70 E. County Road B. Attorney Lais stated that we had a situation develop at the Kings Hide -A -Way where the man who is buying it, James Arrigoni, got into trouble selling liquor and having it displayed after hours and has been charged of that offense. He 1d.s,been in court and, at least from the evidence we have, we be- lieve he is guilty or will be found guilty or plead guilty at some time. He is scheduled for a court appearance on December 13, now to just enter a plea. Prior to this conviction he was in default of his contract of purchase with Mr. Gilbert and with the pledge agreement; Mr. Gilbert was moving in to take over the stock, then Mr. Arrigoni asked Mr. Gilbert to take over, so he is taking his security interest that he had in it. Mr. Gilbert has been elected now, through the default proceedings, as president of the corporation and sole stock holder of the corporation and presently holds the license. Under our ordinance this is a transfer of license and it requires the consent of the Council. Chief Schaller had a few objections to this, he wanted it held in abeyance, but I have cleared this with him. He wanted it held in abeyance until the conviction or until the status of Arrigoni's aledged offense has been cleared up and once that was cleared then we would be in a position of forfeiting the bond or suspension of license, whatever the Council had in mind at that time. It appears that Arrigoni could sucessfully avoid having a conviction, assuming he wasnfopnd guilty., could avoid having this occur sometime within the next year, in the meantime, the business is standing with- out him in it and Mr. Gilbert would like to operate under the license. We believe it would be a proper transfer. In connection with the conviction, Mr. - 22 - 11/16 Gilbert intends to almost at the same time now, apply for a license under a new corporation. He is forming a new one which will operate after the first of the year. He has agreed to consent if there is a conviction of Arrigoni, and if the Council determines after that, that it wants to suspend the license, he would be agreeable to that, and accept whatever the Council deems necess- ary at that time. He would put that in writing before being granted this pre- sent license. In addition to that, he is coming in with a new bond to cover him as the licensee and the old bond to Arrigoni, will remain on file so that in event of conviction, we can revert back to a possible forfeiture of that bond. Councilman Greavu moved to approve the liquor license transfer of Mr. Gilbert as President of the Kings Hide -A -Way. Seconded by Councilman Haugan. Ayes - all. 2. Manager Miller stated resolutions are needed to renew the on and off sale liquor licenses for the year of 1973. Councilman Greavu introduced the following resolution and moved its adoption: (Off Sale) 72 - 11 - 256 RESOLVED, by the Village Council of the Village of Maplewood, Ramsey County, Minnesota, that the following Off -Sale Intoxicating Liquor Licenses having been previously duly issued by this Council are hereby approved for renewal for one year, effective January 1, 1973, with approvals granted here- in subject to satisfactory results of required Police, Fire and Health In- spections. H.L.M., Inc. Maple Leaf Liquors 1690 White Bear Avenue Hei -Ger Corporation 2280 Maplewood Drive The House of Liquors, Inc. 2627 White Bear Avenue Jasinski Liquors 2720 Stillwater Road Laber's Liquors, Inc. 1730 Rice Street Seconded by Councilman : Wiegert. Maplewood Liquors, Inc. 1347 Frost Avenue Maplewood Wine Cellar, Inc. 1281 Frost Avenue Party Time Liquors 1740 VanDyke Sarrack's Drive -In Liquors 2305 Stillwater Road Ayes - all. Councilman Wiegert introduced the following resolution and moved its adoption: (On Sale) 72 -11 -257 RESOLVED, by the Village Council of the Village of Maplewood, Ramsey - 23 - 11/16 County, Minnesota, that the following On -Sale Intoxicating Liquor Licenses having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1973, with approvals granted herein subject to satisfactory results of required Police, Fire and Health Inspections. Chicone's Bar and Cafe, Inc. 2289 E. Minnehaha Avenue Dean's Tavern 1986 Rice Street Donny's, Inc. Donald Fitch 2305 White Bear Avenue Fox & Hounds, Inc. 1734 Adolphus Gulden's, Inc. 2999 Maplewood Drive 70 East County Road B, Inc. King's Hide -A -Way 70 E. County Road B Seconded by Councilman Olmstead. Maple Leaf Bar and Lounge, Inc. 1696 White Bear Avenue Maple Wheel 2220 White Bear Avenue Maplewood Bowl, Inc. 1955 English Street Northernaire Motel, Inc. 2441 N. Maplewood Drive St. Paul Lodge No. 693 Loyal Order of Moose 1946 English Street Ayes - all. 3. Manager Miller presented a lot division requested by the St. Paul Ski Club. Everything appears to be in order. Village Planner Sieda presented the details of the lot division. Councilman Greavu moved to approve the lot division as applied for by the St. Paul Ski Club. Seconded by Councilman Wiegert. Ayes - all. 4. Manager Miller stated Council had requested staff to submit a report on Work- man's Comp as it relates to elected and appointed officials. It has been found that both can be covered. The report has not been submitted to the Insurance Committee. Councilman Olmstead moved to refer this matter to the Insurance Committee. Seconded by Councilman Haugan. L. ADJOURNMENT 12:43 A.M. ty - 24 - Ayes - all. ,c�GJ f� Gt -Gc. �G cv.c�r 11/16 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT TO: Village Manager SUBJECT: Rezone Report LOCATION: Southwest corner of Cope Avenue and Flandrau DATE: October 26, 1972 1. Initiated By: St. Paul Eye Clinic, P.A. 2. Land Area: .65 Acres 3. Existing Zoning: R -1 (Single Dwelling Residence District) 4. Proposed Zoning: LBC (Limited Business Commercial District) (see public hearing notice for explanation) 5. Proposed Specific Use: A single story medical clinic building with 44 off- street parking spaces. (see earlier submitted and distributed plans). Planning Considerations: 1. Adopted Land Use Plan: The Planning Commission adopted land use plan. indicates that this area should be used for limited service commercial land use. The proposed land use appears to be in conformity with the adopted land use plan by the Planning Commission. 2. Surrounding L To the north: To the south: To the west: To the east: and Use: M -1 Zoning Union Hall R -1 Zoning R -1 Zoning LBC Zoning 3. Land Use Changes and uses of Mr. Steak Restaurant, Sheet Metal Strauss Skates, Specialty Engineering and single family residences and vacant and the Johnson Medical Clinic now under construction (1) Cope Avenue Improvement - the recent improvement to a street with 4 traffic lanes results in an impact encouraging traffic adverse to single dwelling residential environment (2) Existing Zoning to North and East - The existing, zoning to the north M -1 although developing with reasonably designed uses results in both environmental impact properties on the south side of Cope zoned for single dwelling use. Further, such zoning results in an inequitable treatment of land uses using same street but receiving inequitable environmental effects. The zoning to the east is IBC and is similar in all geographic and environmental respects as is the rezone site. The effect zoning wise would seem to imply that similar zoning should and would be the case. 4. Utilities: The utilities installed within Cope Avenue of water, sanitary 1 sewer, storm sewer and street are adequate to serve the site for commercial use. However, the Village Clerk informs this office that when assessments were levied for these improvements such were related to the land use zoning at the time. Based upon that comment this office would find that the specific site in question because of zoning classification was assessed a lesser rate than the M -1 and LBC zoned lands along Cope. In the consideration of a zone change to a use zone similar to existing ones along Cope Avenue. Then it is this office's opinion that any allowance of rezone must be conditioned upon the utility effect that a service availability charge must be made on those utilities which were charged less due to residential zoning. This service availability charge would in effect be required at the time of building permit and would be determined by assigning the commercial rates minus the already levied rate on the utilities for the site and that difference then added to the outstanding balance due on the initial residential use assessment. Before acting on any rezone of the site it seems to this office that it should resolve a clear cut policy on how rezone sites relate to installed utilities assessed to the property on a rate based upon a less intense use zone. Otherwise, the question of equitableness and uniformity of consumer protection and charges related to benefit received becomes a real question if one can get utilities at a less rate and then rezone for increased benefit passing on such property benefit to the general public in teens of costs absorbed either by the public or other property in the project. Of particular concern in the Cope Avenue case is the fact that industrial Commercial. zoned land was assessed a street cost of $40.36/ front foot; whereas, the residential zoned lands along Cope were assessed $26.91/ front foot. There appears to be significant difference in the rate amount that when a zone change occurs from residential. zoning to commercial zoning that those existing commercial zoned lands at the time of assess- ment carry an inequitable load of the street cost when lands zoned residential can subsequently change shortly thereafter and enjoy all the street benefits for commercial use of the land but at the residential street assessment rate rather than the rate charged to similarly zoned lands for commercial use. Similarly, the same issue is paralleled in the case of storm sewer as it relates to lands zoned industrial - commercial vs. single dwelling residence. In the case of street lighting, no street lights are installed on Cope between White Bear Avenue and Hazelwood. With the advent of development in the area and more intensive use rezones being proposed the Village should begin now rather than later a street lighting program for this street. Its reasons for omission at the time of street improvement are not known to this office but the traffic of the area during night or dark hours now if for no other reason warrants im- mediate attention to this requirement. Should the Village approve the zone change then they should also address themselves to what they intend to do about street lighting not just for this site but the entire length of street. This office has received complaints on the north side about inadequate street lighting from Sheet Metal Union 2 5 Hall, Mr. Steak, and Strauss Skates. This office assumes that the Village will address itself to this subject as a matter of this rezone. Flandrau Street: This street is unimproved on the East side of the tract. The Village Council has ordered a feasibility study to evaluate the merits of whether such street should be improved. Both the rezone site and site to the east now under construction indicate plans which will utilize the street for access to off- street parking lots for both sites. This office advocates the improvement of this street for reasons of: (1) improved neighborhood mobility opportunity (2) increased public safety response time to the Cope Avenue development (3) provide access opportunity to south side Cope Avenue properties with- out necessitating additional curb cut demands on Cope Avenue. 6. Site Plan Comments: (1) Off - Street Parking - The easterly parking area utilizes 90 degree angled parking which results in unusable parking bays. For example, the plan indicates 19 foot long parking stalls and a 17 foot back up two way traffic aisle. The back up area is not only grossly insufficient it is claimed by this office that one cannot back out of a 19 foot stall and clear in 17 feet except in a compact or sub- compact car. In utilizing 90 degree angled 2 way parking there needs to be 20 feet long parking bays and a 25 foot backup driving aisle for an overall bay width of 65 feet. The same parking layout problem that originally plagued the Johnson Clinic across the street surfaces here as well. The solution is 60 degree angled parking with directional flow traffic and 18 foot wide back up traffic aisle as was subsequently worked out and approved for the Johnson Clinic. A revised parking lot arrangement using 60 degree angled parking is the only practical solution to the insufficient lot depth problem for 90 degree parking. The westerly parking area suffers from insufficient back -up maneuvering area as well. Additional backup area of 25 feet is needed. Such revised layout will require a building siting slight adjustment. (2) Street Curb Cut Access: This office can only recommend one curb open- ing onto Cope Avenue for this site. The existing curb cut located where the westerly lot is located is the location only acceptable to this office. The proposed easterly new opening on Cope is not endorsed by this office. The proposed opening on Flandrau is acceptable. To make the plan work with 2 curb openings endorsed by this office it is suggested that the site plan arrangement be flip - flopped with staff parking using the Flandrau Curb opening and the customer parking area located to the west side of the building. (3) Landscaping: It is recommended that all off - street parking area be landscaped from the street and surrounding abutting residential lands with the implementation of enclosing such parking areas with landscaped berms causing the lots to be effectively screened from the street and properties. 3 Further, this office recommends that a minimum of 10% of the total project development cost minus land cost be put into site landscaping and that 1/2 of the 10% shall be required to be assigned to planting of'trees, bushes and substantial shrubbery. No landscaping plan is indicated but it is recommended that at time of Community Design Review Board submittal for a Building Permit a detailed landscaping plan shall be required as submitted information. (4) Outdoor Storage: The proposed plan indicates no outdoor storage of refuse containers. This office concurs with the applicants plan on this subject and recommends that all storage will be enclosed inside the proposed building. (5) Time to llevelop Use: It is recommended that a time limit of 9 months be set as the maximum time after zone change approval in which to commence physical development of the site under building permit issued by the Village. Should the development not commence then the zoning should be revoked. (6) Signs: Not included in this site review but should be at time of Design Review Board. Department of Community Develo.mp ent Recommendation. It is recommended that approval of the zone change request and particular use subject to a revised site plan required to be approved by Village Council. however, such recommendation for approval. is based upon the resolving of those planning considerations listed in this report as recommended. 4 DEPARTMENT OF COK14UNITY DEVELOPMENT REPORT TO: Village Manager SUBJECT: Rezone Report LOCATION: west side of White Bear Avenue between Frost Avenue and Larpenteur Avenue DATE: October 24, 1972 l.. Initiated By: Village Council 2. Number of Acres Involved: 17.24 3. Number of Separate Ownership Parcels: 34 4. Number of Single Dwellings Located in Rezone: 30 5. Number of Businesses: 1 (Hejny - Equipment Rental, 1829 White Bear Avenue) 6. Existing Zoning,: R -1 (Single Dwelling Residence) 7. Proposed Zoning: LBC (Limited Business Commercial) (see public hearing notice for explanation) 8. History: This office does not claim to know the entire history revolving around this particular area. But to the best of our ability it appears that on January 28, 1965 the Village Council held a hearing on rezoning the west side of White Bear Avenue between Frost and Larpenteur and subsequently acted to deny any rezone at that time. Since that time repeated discussions and meetings by the Council and Planning Commission have occurred which have centered on the rezoning of this strip of land along White Bear Avenue. The Planning Commission recommended Land Use Plan indicates that the west side of White Bear Avenue in this area should be developed with Limited Service Commercial land uses. Planning Considerations: 1. Actual Land Uses Planned: The LBC zone requires that before any actual commercialized use of land so zoned LBC the Village Council shall first determine the specific uses and approve the plan of development for any site so zoned. At this time, no specific proposed use or plan is proposed for any lot or land involved in the rezone described area. Should such a limited commercial use be specifically proposed then that specific plan and use would have to be approved by the Village Council prior to any develop - ment taking place. 2. Existing Land Uses:- Should the rezone occur then the existing single dwellings (30) would all become non - conforming uses of land and would be regulated as to no expansion of any residence for residential use in accordance with Chapter 912 of the Municipal Code. However, all non- 1 conforming structures would be allowed to be kept in good repair and be replaced within 1 year of destroyed by an act of God. As regards the Hejny Equipment Rental Use the Village Clerk informs this office that a special permit to operate such use was allowed by the Village some years ago. Nevertheless, a change in zoning would require a clarification of use conformity to an LBC zone would be needed so that the record is clear as to how this existing use relates. This office would consider the existing Hejny use as a non - conforming use in an LBC zone in that it does not come under the leteral inter- pretation of a Professional Office nor does it come close in terms of functional activity of the use. There is question as to the clarity of the past issued special permit on this matter as it relates to land area coverage, signs, outdoor storage, etc. Clarification should be made regarding this activity, regardless of conformity or not since the Council's action taken October 5, 1961 granting a special permit failed to refer to what the specific use was and no detailed provisions were indicated. 3. Storm Drainage: The west side of White Bear Avenue north of Larpenteur Avenue to a point opposite Aldrich Arena is provided storm sewer service and was assessed on a basis of $235/lot at the time of the Larpenteur Storm Sewer Project. However, the proposed zone for LBC could result in developments generat- ing additional storm water into the Larpenteur Storm Sewer System. Three concerns should be surfaced and satisfactorily resolved prior to rezoning. They are: (1) Ramsey County Drainage Policy - the drainage of this area as commercial land use would increase the waters that drain into Wakefield Lake. Such increase countermands the existing Ramsey County Board of Commissioners drainage policy resolution. (2) Storm Sewer System Capacity: The existing storm sewer system installed in Larpenteur Avenue must be evaluated and determined that there is adequate reserve capacity design engineered into the system of pipes to accommodate the projected runoff of storm waters from this rezone area if developed commercially. (3) Storm Sewer Service Availability Charge: Should satisfactory resolution to items 1 and 2 be developed then the Village Council must resolve the question of a method of the properties involved who have paid residential storm sewer assessments paying and additional storm sewer charge for additional storm water run -off resulting from a change in zoning use which results in greater than previously assigned and assessed residential storm drainage. It is recommended that the Council consider establishing a Storm Sewer Service Availability Charge which would require any land previously assessed based upon an existing zoning but subsequently rezoned to allow usage which results in greater run -off character - istics to have to pay a charge at the time of a building permit determined to be a rate reflecting the difference between the previous zoned use storm sewer rate and the rate that would needed to be charged based upon serving the zoned use. Such difference would then be added to the unpaid balance due of the initial assessed amount. 2 The question of changed land use, and resultant storm drainage increases being served by existing storm sewer assessed to the site on a lesser rate due to lesser storm water runoff results in inequitable effects in regards to uniformity of policy application for storm sewer benefit to similarly used lands and, further, passes increased improvement costs on to the general public or otherproperty owners in order to provide increased storm water service capability for certain properties not paying their benefited share. 4. Street Access: The existing conditions result in individual residential lots each having direct driveway access from White Bear Avenue. How- ever the change in land use to commercial use results in complete different traffic patterns both on the street of White Bear Avenue as well as, the demand for access to and from White Bear Avenue for the lands on the west side thereof. The County of Ramsey Engineer's Office and Village Public Works Depart- ment has repeatedly indicated that a median device will be needed to be placed in White Bear Avenue between Frost and Larpenteur. As of this report no specific median plan has been presented. However, this Office suggests that a series of public street policies need to be developed and agreed to prior to officially changing the zoning of this area. They are: 1. Median: This subject is essential to be discussed to not only channel arterial traffic on White Bear Avenue, but specific median openings and channelization areas need to be specifically assigned in order to determine frontage access points to White Bear Avenue. Since, this is a County Road the County must be brought in this matter and it is necessary that they specifically indicate timing on median placement, the number and location of median openings, and the location and number of specific allow - able openings on White Bear Avenue between Frost and Larpenteur. 2. Limited Access Openings: To accomplish planned commercial usage and allow the street to continue to function reasonably it is essential that limited access points to White Bear Avenue not only be designated but established when commercial development occurs. Consequently, the Village should require a 40 foot access easement across all properties involved in rezone between Frost and Larpenteur along White Bear Avenue so that all lots involved can pass to and from the specific property to the authorized ingress- egress points on White Bear Avenue. Such easement shall be voluntarily given by the property owners and public renumeration or improvement of it for access purposes shall not be provided. Further, unless such access way easement is surrendered in full for the area rezoned having frontage on White Bear Avenue then no rezoning would take place or would be withheld. Simply put it is a case of all or nothing as regards access passageway - this office will not and cannot recommend piecing in here and there some easement or allow- ing development of a parcel which cannot get access to the designated approved opening and therefore causes.additional open- ings to have to be granted. 3 If such easement way is not secured and the zoning granted then innumerable driveway openings will occur and this stretch of street will be nothing more than an extension of the conglomerated driveway opening mess on the west side of White Bear Avenue south of Larpenteur. This area is so congested with the openings that the entire area fails- both land, use as well as, White Bear Avenue itself. If that's what the Village wants that's one thing but here is the opportunity to actually "Plan" and effort should be made to accomplish it. 5. Land Use Factors: Considerations relative to land use and the surround- ings should be considered such as: (1) Adjacent Land Uses on East Side of White Bear Avenue: The Village has zoned the land area south of Ripley Avenue as B -C general commercial and its subsequent development has resulted in a variety of commercialized uses including discount shopping store, 24 hour operated service station, clothing store, shoe store, restaurant, Liquor Lounge and Liquor Store. To the north of Ripley the area is zoned FR farm residence but peculiar as it may seem its development is farm from that. The area is developed with a major subregional ice arena and large accompanying off - street parking lot, and in addition a major nursing home for the elderly is located north of the arena. Call of these uses represent commercialized functional activities and thereby create an environmental impact upon both White Bear Ave. as well as the residential properties to the west side so zoned. As Now zoned this office believes that the residential zoned lands on the west side are subjected to adverse environmental conditions which in this office's opinion cause inequitable relief upon the west side properties. One of the fundamental practical reasons for zoning residential areas is to enable a person to buy and live in an environment with the assurance that surrounding lands will not be put to uses which will detract from its desirability, and 'hence its value. In this case the changing land use characteristics on the east side of White Bear Avenue to intensive commercial uses, the traffic on White Bear Avenue with the following traffic trends and counts indicated by the Ramsey County Engineer's Office: 1966 - 17,050 ADT (Prior to Highway 35E and 1694 opening) 1970 - 12,500 ADT 1972 - 14,000 ADT Further, the Maplewood Police Department informs this Office that as a result of the improvement of White Bear Avenue in this section their office has received numerous calls from people in the area complaining of the excessive traffic speeding on this street. In addition such environmental traffic problems of noise from vehicles and excessive exhaust funes. All of these factors would tend to support the notion that the existing residential zoning character is adversely affected and that the intent of the current, zoning on 4 the properties is not being met as a result of the effects resulting from surrounding land uses. (2) Properties to the West Along Flandrau: The properties to the west along Flandrau Street are residentially zoned and developed. Of concern in any zoning should be the impact upon these properties. Due to the unusual depth of these and the rezone lots (300 feet each) there is space buffering capability in both cases. Nearly all the homes to the west along Flandrau have 200 foot deep rear yards behind their homes to their property line where the proposed zoning line would occur. The real concern is and should be that the people to the west can be assured of: (1) Knowing what the exact planned uses will be at the time of development. (2) Efforts will be taken to require screening, visual exterior design, eliminate mechanical noises, eliminate odors result- ing from uses allowed, etc. (3) Rezone Property Planning Standards: Because no specific development plans are proposed and, further, because the LBC zoning specifies that any proposed plan of use must be approved by the Council it is in this office's judgment reasonable to establish certain minimum standards which should be used to guide all land use pro- posals in this rezone area. Such standards would be (1) Uses - all land uses shall be limited in terms of activity so as to not become a general retail commercial strip other- wise the effect of LBC is demolished in terms of integrity and intent. Therefore, uses should be limited to professional type offices and retail stores marketing goods should not be interpreted as a LBC similar use. If retail sales of goods is desired then LBC isn't the type of zone that should be considered. (2) Special Site Plan Development Procedure - any proposed site development plan should be required to be heard publicly with notice given to affected owners - such is suggested because of the intent of LBC requiring both intensive plan review as to impact upon surrounding residential zoned lands. (3) Setbacks Standards - Setback guidelines should be established for front yard and rear yards as related to any and all uses. It is suggested that a 50 foot minimum front yard setback be established for all buildings, along, White Bear Avenue, Further, it is suggested that no building be located closer than 90 feet to the west or mid -block property line and that a minimum 25 foot wide landscaped open space buffer be pro- vided adjacent to the west mid -block zoning line on LBC zoned side. Further, no off - street parking lot spaces shall be allowed closer than 40 feet to the White Bear Avenue westerly existing right -of -way line. 5 (4) Building Height Standard - The maximum building or structure height allowable shall be 3 stories or 38 feet which ever occurs first. (5) Maximum Building Bulk Coverage: No building or combination of buildings on any one lot or parcel of land shall exceed 40% of the total land area involved. (6) Maximum Floor Area: The maximum floor area ratio shall not exceed 1.0 (floor area ratio is determined by the following formula: total floor area Floor Area Ratio = total lot area (7) Off Street Parking: The adopted Village Parking Code shall prevail (8) Landscaping: A landscaping plan shall be required at time of submittal of proposed development plan approval by Village Council. A minimum of 10% of the total development cost of the project (not including land cost) shall be required to be placed in landscaping the site with no less than 5% of the total development cost of the project devoted to trees and bush materials as a part of the site landscaping requirement. (9) Architectural Compatibility - because of the number of varied properties there would be need to concern and relate both site plans and building developments in this area to one another in order to achieve a harmonious compatibility. (10) Signs: Sign control should be rigorously regulated so as to avoid the similarity of sign profusion that exists south of Larpenteur Avenue. Therefore, effort should be made to eliminate excessive signs and relate signs to office name rather than advertising products and goods. Further, signs should not be allowed in the 40 foot traffic way easement along the west side of White Bear Avenue so as to keep clear the on site traffic way. The Village sign codes shall pre- vail on all other matters related to signs. (11) Lighting: Each site development plan shall include exterior and safety lighting of its site particular reference shall be made to the area to the west side of the properties if rezoned as they abut the residential zoned lands adjacent to Flandrau Street and to be concerned about nuisance effects resulting therefrom. (12) Sidewalks: As each parcel commercially develops the plans shall include for sidewalk facilities having a 5 foot minimum width along White Bear Avenue. (13) Bus Stop: A bus stop facility should be planned in this length of block the precise location to be resolved between the Village and the Metro Transit Commission. L The Planning Commission adopted "Plan for Maplewood" recommends land use for the west side of White Bear Avenue between Frost Avenue and Larpenteur Avenue as a "Limited service commercial" area. The proposed zoning district would meet that planned use in this office's opinion. However, with zone changing goes the responsibility to see that the consequential effects of such changed usage will not result in adverse effects upon the public. Therefore, it is recommended that a zone change for east 1/2 of Block 1 Garden Acres be allowed for LEG (except the properties addressed as 1756 Frost Avenue and 1751 and 1759 Larpenteur Avenue which should remain R -1 single dwelling zoned) only upon the following conditions: 1. Provide a 40 foot public way easement along entire west side of White Bear Avenue and surrender all commercial access rights except by way easement to designated and approved commercial access openings onto White Bear Avenue. 2. Ramsey County shall indicate approved locations for curb openings in the entire block for ingress - egress to White Bear Avenue before any commercial development is allowed. 3. The Village Engineer shall determine whether the existing storm sewer system installed has reserve capacity to accommodate the projected additional storm water run -off resulting from the rezoned area. 4. The Village Council shall determine a payment policy to be applied to these lands rezoned regarding increased Storm Water service benefits prior to allowing any rezone and subsequent development which would generate additional run -off waters to an already installed system but for which the contributing area was not charged sufficiently for commercialized land use. 5. The Ramsey County Board of Commissioners shall be asked to clarify their County drainage policy as it would be applied to this specific instance since the major storm water run -off would result in an increase of water volume into Wakefield Lake which is a County Lake and which appears to this office to be directly related to the County Board Policy adopted. 6. Village Council adopt the LBC rezone development guidelines advanced in this report relating to setbacks, use, building coverage, etc. so as to provide buides for all development plans which would follow in this area. 7. In resolving the ingress - egress points for commercial use to the west side of White Bear Avenue a program shall simultaneously be resolved in the ease- ment agreement for traffic passageway as it relates to the existing single dwelling accesses onto White Bear. For example, when 1/4 of the commercial frontage has received development permits then all driveways shall auto- matically close on White Bear and utilization of the easement to the approved openings shall become effective. Also in the easement agreement there should be public review and approval of methods of its improvement and maintenance. Only upon such above conditions can this office recommend the rezoning. Without satisfactory resolve to these issues only problems can beset the Village, the surrounding residential neighborhood, and the traffic efficiency quotient of White Bear Avenue as a planned and existing Major Arterial Street in the Village. 7 Upon conducting the public rezone hearing this office suggests that a rezone final action be withheld until resolve to all issues have been found answered to the Council's satisfaction either positively or negatively. 0 ADDENDUM N0, 3 Robert Tilsen Preliminary Plat #8 Conditions: 1. All improvements in resolution 71 -7 -69 shall be guaranteed at time of Final Plat approval. 2. The proposed plat shall include lands for public parks and recreation. 3. Deed restrictions shall be placed on the three lots on Bellaire which provides that those three lots waive their rights to object to any future assessments. 4. Curbing standards in the plat shall be subject to Village Engineer approval. 5. The Final Plat Agreement may include provisions for the Subdivider to be responsible for securing improvement contractors. 6. The Final Plat Agreement shall include provisions for a temporary mat surface on streets serving any new house prior to an occupancy. 7. The Village recoginzes the public water situation in this area of the Community and the Council will further discuss this subject at a later date.