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HomeMy WebLinkAbout09-23-1971 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, September 23, 1971 Municipal Administration Building Meeting 71 - 39 A) CALL TO ORDER (B) ROLL CALL (C) PUBLIC HEARI`i �'S 1. Alley Vacation - North -south alley in Block 8, Lakeside Park Addition (7:30 P.M.) 2. Street and Alley Vacation - Eldridge avenue (English Street to railroad tracks) and East - west alle -v (Enq' ish Street to railroad tracks north of Eldridge Avenue) 1'7:50 P.M.) 3. Street and Alley Vacation - Edgemont Street (Skillman to Vernon) and north - south alley (Skillman to Vernon east of Edgentont) (8:10 P.M.) 4. On -Sale Liquor License Transfer -- Kings Hide- -A -Way (James Arrigoni) (D) UZ7FINISHED BUSINESS 1. 1971 Bond issue - Adjustments 2. Reconsideration -- Deferred assessments (E) ADJOUR',_•LNT MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, September 23, 1971 Council Chambers, Municipal Building Meeting No. 71 -39 A. CALL TO ORDER A special meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:34 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present C. PUBLIC HEARINGS 1. Alley Vacation - North -south Alley in Block 8, Lakeside Park Addition (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on a petition to vacate the north -south alley in Block 8, Lakeside Park Addition. The Clerk read the notice of hearing along with the publication dates. b. Manager Miller stated the alley is unimproved, as a through, travelable alley. The staff recommends the vacation of the alley. Manager Miller read the following Planning Commission report: "Commissioner Kishel moved that the Planning Commission recommend to the Village Council that the alley in Block 8, Lakeside Park be vacated for the reason being that such alley has no planned public use. Further, utility easement should be retained for adjacent property usage. Commissioner Dreawves seconded. Ayps - all." Manager Miller also read a letter objecting to the alley vacation signed by: Conrad and Louise Falk Russell and Janet Lovegren James and Katherine Falk c. Mayor Axdahl called for proponents. The following were heard: David Needham, 1785 Frank St. Albert E. Galbraith, Jr., 1770 Edward St. Theodore G. Roungou, 1789 Frank St. Robert Ness, 1795 Frank St. Louise Gerstner, 1779 Frank St. ;) d. Mayor Axdahl called for formal objections. The following were heard: James Falk, 1774 Edward St. Conrad Falk, 1800 Edward St. 1 - 9/23 e. Mayor Axdahl closed the public hearing. ^� f. Councilman Greavu moved to deny the petition to vacate the north- south alley in Block 8, Lakeside Park Addition. Seconded by Councilwoman Olson Ayes - Coun.cilwoman Olson, Councilmen Greavu and Wiegert. Y •tion carried. Nay - Mayor Axdahl, Councilman Haugan. 2. Street and Alley Vacation - Eldridge Avenue (English to Railroad Tracks) and East -west alley (English Street to Railroad Tracks north of Eldridge Avenue) 7:50 P.M. a. Mayor Axdahl convened the meeting for a public hearing on the petition to vacate Eldridge Avenue from English to Railroad Tracks and the east - west alley from English Street to the railroad tracks in Block 21, Sabin Addition. The Clerk read the notice of hearing along with the publication dates. b. Manager Miller presented the staff report recommending approval of the street and alley vacations. Both the street and alley are unimproved. Manager Miller read the following Planning Commission recommendation: "Commissioner Stolzman moved that the Planning Commission recommend to the Council that the alley in Block 21, Sabin Addition be vacated. Commissioner Howard seconded. Motion carried. Ayes - all. J^ t Commissioner Stolzman moved that the Planning Commission recommend to the Village Council that the petitioned Eldridge Avenue be vacated for the reason being to allow the owners of abutting property more latitude of development for adjacent properties. Commissioner Kishel seconded. Motion carried on following vote: Commissioner Coombs - yes Commissioner Stolzman - yes Commissioner Kishel - yes Commissioner Fischer - yes Commissioner Dreawves - yes " Commissioner Howard - no Commissioner Disselkamp - no c. Mayor Axdahl called for proponents. The following were heard: James Henton, 2110 English d. Mayor Axdahl called for formal objections. None were heard. e. Mayor Axdahl closed the public hearing. f. Councilman Haugan introduced the following resolution and moved its adoption: (approving alley vacation) 71 - 9 - 206 WHEREAS, the owners of more than 50% of the property abutting on the alley in Block 21, Sabin Addition, Ramsey County Minnesota have - 2 - 9/23 filed a petition for the vacation of the said alley, and WHEREAS, the hearing on said petition was preceeded by two weeks published and posted notice, and WHEREAS, no one has appeared in opposition to said petition, and WHEREAS, it appears for the best interest of the public that said alley be vacated. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAP=,00D, MINNESOTA, that the alley in Block 21, Sabin Addition, Ramsey County, Minnesota be and the same is hereby vacated. Seconded by Councilman Wiegert. Ayes - all. g. Councilman Wiegert introduced the following resolution and moved its adoption: (approving street vacation) 71 -9 -207 WHEREAS, the owners of more than 50 ". of the property aubtting on Eldridge Avenue from English Street to the Northern Pacific Railway right of way have filed a petition for the vacation of the said street, and WHEREAS, the hearing on said petition was preceeded by two weeks pub - lished and posted notice, and WHEREAS, no one has appeared in opposition to said petition, and WHEREAS, it appears for the best interest of the public that said street be vacated, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPL=E,70OD, MINNESOTA that Eldridge Avenue from English Street to the Northern Pacific Railway Right of Way be and the same are hereby vacated. Seconded by Councilman Greavu. Ayes - all. 3. Street and Alley Vacation - Edgemont Street (Skillman to Vernon) and North -South Alley (Skillman to Vernon East of Edgemont) 8:10 P.M. a. Mayor Axdahl convened the meeting for a public hearing on the street and alley vacation of Edgemont Street between Skillman Avenue to Vernon Avenue and the north -south alley between Skillman Avenue and Vernon Ave- nue east of Edgemont Street. The Clerk read the notice of hearing along with the publication dates. b. Manager Miller presented the staff report and read the folloi,ring Planning Commission recommendations: "Commissioner Stolzman moved that the Planning Commission recommend to the Village Council that the alley in Block 4, McGoffins North Side Addition be vacated since such vacation would not be detrimental to any future - 3 - 9/23 plans of the Village. Commissioner Kishel seconded. Motion carried. Ayes - all. Commissioner Stolzman moved that the Planning Commission recommend to the Village Council that Edgemont Street between Skillman Avenue and Vernon Avenue be denied because.of the lack of indication of need for vacation and, in consideration of abutting property. Commissioner Disselkamp seconded. Motion carried. Ayes - all. c. Mayor Axdahl called for proponents. The following were heard: Herbert Toenjes, 1766 McMenemy Constance Logajan, 360 Skillman Avenue d. Mayor Axdahl called for formal objections. The following were heard: James Baldwin, 1511 E. Rose, owns property on the east side of the street and stated his property would become land locked if the street is vacated. e. Mayor Axdahl closed the public hearing. f. Councilman Greavu introduced the following resolution and moved its adoption: (approving the alley vacation) 71 - 9 - 208 ,- WHEREAS, the owners of more than 50% of the property abutting on the alley in Block 4, McGoffin's Northside Addition, north -south alley betwee Skillman Avenue and Vernon Avenue east of Edgemont Street, Ramsey County, Minnesota have filed a petition for the vacation of the said alley, and WHEREAS, the hearing on said petition was preceeded by two weeks pub- lished and posted notice, and . WHEREAS, no one has appeared in opposition to said petition, and WHEREAS, it appears for the best interest of the public that said alley be vacated. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the alley in Block 4, McGoffins Northside Addition, north - south alley between Skillman Avenue and Vernon Avenue east of Edgemont Street, Ramsey County, Minnesota be and the same is hereby vacated. Seconded by Councilman Haugan. Ayes - all. g. Councilwoman Olson moved to deny-the street vacation of Edgemont Street between Skillman Avenue and Vernon Avenue. Seconded by Councilman Greavu. Ayes - all. 4. On -Sale Liquor License Transfer - Kings Hide -A -Way (James Arrigoni) a. Mayor Axdahl convened the meeting for a public hearing on the appli- cation of Mr. James Arrigoni for an On -Sale liquor license at 70 East - 4 - 9/23 County Road B to be known as the King's Hide -A -Way. The Clerk read the notice of hearing along with the publication dates. b. Manager Miller presented the staff report. He has not received a memo in writing from the Police Department, but Police Chief Schaller had verbally stated the investigations had been completed and were found to be in order. Approval is recommended. The license is actually to be transferred from Frank Gallo, dba Oak Hill Ranch and Supper Club, 70 E County Road B, to James Arrigoni. c. Mayor Axdahl called for proponents. Mr. O'Toole, an attorney re- presenting Mr. James Arrigoni, spoke on behalf of the request for the On Sale liquor license. Mr. O'Toole also requested that the license fee be pro -rated since it is so late in the year. d. Mayor Axdahl called for formal objections. None were heard. e. Mayor Axdahl closed the public hearing. f. Councilman Haugan introduced the following resolution and moved its adoption: 71 -9 -209 NOTICE IS HEREBY GIVEN, that pursuant to action by the Village Council of the Village of Maplewood on the 23rd of September, 1971 a transfer of an OnSale Liquor License from Frank Gallo, dba Oak Hill Ranch and Supper Club to James Arrigoni, dba Kings Hide -A -Way, Inc., was approved subject to approval of the Police Department. THE COUNCIL is proceeding in this matter as outlined under the pro- visions of Village Ordinances. Seconded by Councilman Greavu. Ayes - all. g. Councilman Haugan moved to deny the request of Mr. James Arrigoni to pro -rate the liquor license fee. Seconded by Councilman Greavu. Ayes - all. D, UNFINISHED BUSINESS 1. 1971 Bond Issue - Adjustments a. Mr..James Olson, Juran & Moody, Inc., spoke in regard to the resolutions passed accepting the bond issues. Project 68 -1 (1st resolution), on which a contract had not been let at the time of the bond sale, and Project 70 -16, in which there was some deficiancy in the notice of the haring, cannot be considered. The assessment involved in these two projects had to be deleted from this bond issue. The amount is roughly $53,000 spread over the life of the issue. However the full project will be completed, and when com- pleted will be used to reduce the adjusted levy which is in the resolution. 5 _ 9/23 Another part of that same resolution corrects a typographical error, the amount of the bid was inserted in the wrong place, the total amount of interest cost was inserted where the amount of the bid should have been. That holds true with the second resolution and the $540,000 State Aid Bonds, it's again correcting that typographical error where the wrong figures were put in the wrong place. b. Village Attorney Don Lais explained what the Council's procedure should be regarding these corrections. c. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 9 - 210 RESOLUTION CORRECTING MINUUTES OF MEETING OF THE VILLAGE COUNCIL RELATING TO RESO- LUTION ACCEPTING BID ON SALE, OF $540,000 GENERAL OBLIGATION STATE AID STREET BONDS OF 1971 WHEREAS, the July 20, 1971 minutes of the meeting of the Village Council of the Village of Maplewood, insofar as such minutes relate to the resolution accepting bid on the sale of $540,000 General Obligat- ion State Aid Street Bonds of 1971 inaccurately reflect in paragraph 1 of the resolution the purchase price of said bonds. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village _ of Maplewood that said minutes of the resolution accepting bid on the sale s4 of $540,000 General Obligation State Aid Street Bonds of 1971 are hereby corrected by deleting the purchase price of $407,470.00 and inserting in lieu thereof $530,550.000 Seconded by Councilman Greavu. Ayes - all. d. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 9 - 211 RESOLUTION CORRECTING MINUTES OF MEETING OF THE VILLAGE COUNCIL RELATING TO RESO- LUTION ACCEPTING BID ON SALE OF $1,740,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1971 WHEREAS, the July 20, 1971 minutes of the meeting of the Village Council of the Village of Maplewood, insofar as such minutes relate to the resolution accepting bid on sale of $1,740,000 General Obligation Improvement Bonds of 1971 inaccurately reflected in paragraph 1 of the resolution the purchase price of said bonds, in paragraph 10 of the resolution the minimum amount of the cost of improvements to be paid by special assessments and the projects to be financed by the bond issue and in paragraph 11 of the resolution the amount of taxes to be levied. NOW THEREFORE, BE IT RESOLVED by the Village Council of the Village of Maplewood that said minutes of the resolution accepting bid on sale of $1,740,000 General Obligation Improvement Bonds of 1971 are hereby corrected as follows: - 6- 9/23 1. Delete the purchase price of $1,092,317.50 set forth in para- graph 1 of said resolution and insert in lieu thereof $1,709,000.00. 2. Delete the minimum figure of "$1,214,702" of the cost of the imporvements to be paid by special assessments set forth in paragraph 10 of said resolution and insert in lieu thereof $1,161,825. 3. Delete Project Nos. 70 -16 and 68 -1 set forth under "Improvement Designation" in said paragraph 10 and delete the figure "$248,190" set forth opposite said project designations and insert in lieu thereof $195,320. 4. Delete the amount of taxes livied in paragraph 11 of the re- solution and insert in lieu thereof the following: YEAR OF TAX YEAR OF TAX AMOUNT LEVY COLLECTION 1972 1973 $30,000 1973 1974 30,000 1974 1975 30,000 1975 1976 40,000 1976 1977 40,000 1977 1978 50,000 1978 1979 50,000 1979 1980 60,000 1980 1981 65,000 1981 1982 70,000 1982 1983 65,000 1983 1984 65,000 1984 1985 65,000 1985 1986 60,000 1986 1987 60,000 1987 1988' 60,000 1988 1989 60,000 1989 1990 62,000 1990 1991 58,000 Seconded by Councilman Haugan Ayes - all. 2. Reconsideration - Deferred Assessments a. Manager Miller'stated that the deferred assessments can be placed on the tax rolls but must certified to the Ramsey County Auditor by October 10, 1971. b. Village Attorney Lais stated. that if the assessments were to be levied, a date for a hearing the reconsideration should be set. October 7, 1971 was suggested. If the assessment roll is adopted, the people should be sent notices allowing them 30 days in which to pay the assessment without interest. - 7 - 9/23 c. Councilman Haugan moved to set October 7, 1971 as the date to hear _ reconsideration -regarding the deferred assessments. { Seconded b Councilwoman Olson. y Ayes - all. 3. State Plumbing Code a. Manager Miller stated staff has a request to use plastic pipe, which is allowed in the State Plumbing Code. b. Village Attorney Lais stated that as a matter of law, the Village does not actually have any power over the materials used in plumbing, that was the effect of the Attorney General's Opinion, if someone actually protested it. c. Village Planner Seida stated that the State Plumbing Code provides that the plastic pipe used must have a stamp or seal placed on it, in- dicating its grade. If the Inspector does not find the stamp, he has the right to withhold any approval until it can be proven to him what the grade or content of the pipe is. d. Councilwoman Olson moved to authorize the staff to grant administrative variance in accordance with the State Plumbing Code. Seconded by Councilman Haugan. Ayes - Councilwoman Olson, Councilmen Greavu, Haugan and Wiegert. Nay - Mayor Axdahl, based on the fact that there is no assurance from the State regarding the inspection or ap- proval of plastic pipe. e. Mayor Axdahl moved that an inquiry be sent from the Village to the State of Minnesota to seek assurance that, in fact, some degree of in- spection and approval is being sought on plastic plumbing being sold throughout the State. Seconded by Councilman Wiegert. Ayes - all. 4. Homart - Shopping Center Area a. Manager Miller stated there has been some negotiating with Homart Development Co. as to one of the entrances to the Shopping Center. An agreement was reached and will result in an entrance at the intersection of Southlawn and Beam. One of the owners involved does not wish to sell his property. Staff suggests, at this time, that a hearing date of October 14, 1971 be set for the vacation of Southlawn. between Beam and Radatz. b. Councilman Greavu moved to set October 14, 1971 as the date for a public hearing for the vacation of Southlawn Drive from Beam Avenue to Radatz Avenue. Seconded by Councilman Haugan. Ayes - all. 5. General Fund Budget a. Manager Miller presented Council copies of the 1972 General Fund - 8 _ 9/23 Budget. He suggested a "shirt sleeve" session be held to discuss the budget. b. Monday, September 27, at 7:30 P.M. was decided upon for the "shirt sleeve" session. E. COUNCIL PRESENTATIONS 1. Councilwoman Olson stated she was very upset regarding the comments made in the St. Paul Dispatch this evening about the Gervais Avenue Study. The Council had not heard these comments. She felt this has been put into a political arena and that the staff has been absolutely wrong in commenting as was done in this article, "about something that Council has never heard him discuss in front of this Council. I had hoped that when we had the Gervais Avenue study and the Gervais Avenue Open Hearing, that this would be, so the residents of that area would hear all sides of it and it has come out in the paper that the Planner says one thing, and the Howard, Needles, etc. report is something else again, and nothing has been set by this Council in any way except to have an open hearing. I feel this has been put in an arena of a politcal football. I don't think those people up there are going to have an open hearing, this thing has been made a sham. There have been, in the past, resoltuions passed asking the State for the interchange at 36, there are resolutions that have never been recinded regarding Gervais Avenue and Cope Avenue. We have asked a consulting firm to come up with some kind of a study. Now this has been thrown into the press without any rhyme or reason; I think this has hurt the whole thing. It is not the spirit or the intent of a manager form of government that this sort of thing should happen. The Council has been put in a position to defend something that has been put in the paper." Manager Miller stated that the report was submitted and discussed by the Planning Commission at an open meeting. Councilwoman Olson stated that the Council was the policy making body of the Village, not the Planning Commission, and the Council should have heard the report. Councilwoman Olson stated she wanted this a matter of public record. Councilman Wiegert stated if Councilwoman Olson's statement was to be a matter of public record, he wished to have it recorded that he was not subscribing to it. Mayor Axdahl stated that as he read the article, he felt it was merely a matter of opinion. Reporter Jim Broede stated he had initiated the article after having attended the Planning Commission.meeting. He further stated that the article was not initiated by any member of the staff. Councilman Haugan stated that it was his feeling that this was just good reporting, Planning Commission meetings are open, there is no way in �inich we would want to withhold information; he would not take the position of censoring the St. Paul Dispatch. Mayor Axdahl proposed an approach to be used for the September,30th informat- ional meeting regarding the Gervais Avenue Corridor Study. - 9 - 9/23 Village Engineer Collier commented on what the State Highway Department reported regarding their time table etc. as to the plans for Highway 36 and 61 in regards to the Gervais study. 2. Mayor Axdahl called attention to a meeting at Brooklyn Center City Hall, Wednesday at 7:30 P.M., regarding cable T.V. F. ADJOURNMENT 10:30 P.M. Ci y Clerk - 10 - 9/23