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HomeMy WebLinkAbout03-11-1971 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, March 11, 1971 Municipal Administration Building Meeting No. 71 - 9 tA) CALL TO ORDER B) ROLL CALL (C) PUBLIC HEARINGS 1. Zoning District Change (R -1 to M -1)- Gervais and English 2. Cater Improvement - Gervais and Highway 36 3. Assessment Corrections - Gervais Avenue (D) ADJOURNMENT Minutes of Maplewood Village Council 7:30 P.M., Thursday, March 11, 1971 Council Chambers, Municipal Building Meeting No. 71 - 9 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 7:30 P.M. by Mayor Axdahl. 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. Zoning District Change (R -1 to M -1) - Gervais and English a. Mayor Axdahl convened the meeting for a public hearing on the zone change request of Mr. C. G. Rein from R -1 to M -1, a twenty acre tract on the northside of the Gervais Avenue and English Street in- tersection. Acting Director of Public Works Jansen read the notice of publication along with the publication dates. b. Administrator Seida presented the staff report. The Planning Com- mission presented :the following recommendation: Commissioner Disselkamp moved Planning Commission recommend Zone Change 1 -71 request for a zone change be considered only after the problems on the following items are studied with satisfactory con- clusions: 1. The construction of Gervais Avenue 2. Adequate water service to the area 3. Planned storm water systems for the related area 4. Highway #36 up- grading and intersection with English Street 5. Correct existing zoning and insure zone lines are continuous. 6. Sanitary sewer to the area in total Commissioner Stolzman seconded. Motion carried. Ayes - all. c. Mayor Axdahl called for proponants for the zone change. - 1 - 3/11 1. Mr. Robert Orth, from the firm of Gray and Gray, represented the applicant Mr. C. G. Rein and spoke on his behalf. d. Mayor Axdahl asked if there was anyone in the audience who wished to speak in opposition to the zone change. No one wished to be heard. e. Following further discussion, Councilman Wiegert moved to continue this hearing and to refer the matter to staff for clarification of the original alignment of the M -1 District. Seconded by Councilwoman Olson. Ayes - all. 2. Water Improvement - Gervais and Highway 36. a. Mayor Axdahl convened the meeting for a public hearing on the con- struction of water main extension crossing Trunk Highway 36 near At- lantic Street. Acting Director of Public Works Jansen read the notice of hearing along with the publication dates. b. Village Engineer Izuusisto presented the feasibility study and the staff report. c. Mayor Axdahl called for formal objectors. No objections were heard. d. Following further discussion Councilman Greavu moved to approve the portion of the project south of Highway 36, crossing Highway 36, west,,,- along the frontag ad/ on to Gervais and also instructed the staff to n�o,tiate: with the High - wav Department and introduced the followine resolution and moved its' 71 -3 -:35 WHEREAS, after due notice of public hearing on the construction of water mains, service connections, appurtenances and necessary street reconstruction on Atlantic Street from Cope Avenue to proposed North Frontage Road of T.H. 36, and on North Frontage Road (T.H. 36) from Atlantic Street westerly along said alignment to Gervais Avenue, and on South Frontage Road (T.H. 36) from Atlantic Street to a proposed easement, which is approximately 890 feet west of Atlantic Street, and Proposed Easement (the centerline of which is approximately 890 feet west of Atlantic Street) from South Frontage Road T.H. 36 to Cope Avenue, a hearing on said improvement in accordance with the notice duly given was duly held on March 11, 1971, and the Council has heard all persons desir- ing to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the Village of Maplewood construct water mains, service connections, appurtenances and necessary street reconstruction on Atlantic Street from Cope to proposed North Frontage Road of T.H. 36, and on North Frontage Road - 2 - 3/11 (T.H. 36) from Atlantic Street westerly along said alignment to Gervais Avenue, and on South Frontage Road (T.H. 36) from Atlantic Street to a proposed easement, which is approximately 890 feet west of Atlantic Street, and Proposed Easement (the centerline of which is approximately 890 feet west of Atlantic Street) from South Frontage Road T.H. 36 to Cope Avenue, as described in the notice of hearing thereon, and orders the same to be made. 2. Village Engineer, is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. This improvement is hereby designated to be a part of (Water) Improvement Number 70 -8. Seconded by Councilman Wiegert. Ayes - all. 3. Assessment Correction - Gervais Avenue a. Mananger Miller stated Mr. Henry Kock, 1041 Gervais Avenue was assessed for 52 feet of street improvement that was actually never constructed. Mr. Kock would like the street to be built. Staff had recommended Mr. Kock be reimbursed. On December 22, 1970, Village Attorney Lais presented a legal opinion and provided several alter- natives: 1. We do not have a claim against Milner W. Carley & Associates nor against Beatson & Kelly, the contractors. 2. That the Village has no legal obligation to refund the assess- ment monies nor to continue the construction of Gervais Avenue the additional 50 feet. 3. That the Village may, under the tatutes allowing for correction of assessments, proceed to correct /88 RMPT8 -Pta refund of the excess amounts assessed against theSabutting properties. 4. That the Village may construct the additional 50 feet of Gervais Avenue and this may be done in connection with a improvement extend- ing Gervais Avenue westerly beyond the Kock property and at such time, give Kock credit for the frontage which was assessed on Sept- ember 23, 1965. b. Village Attorney Lais read the following letter dated March 9, 1971 from Attorney William J. Dunn, attorney for Mr. Kock. Dear Mr. Lais: On November 5, 1970 I wrote you relative to refund to be made to my client, Henry J. Kock, of $241.80 for failure of the Village of Maplewood to pave the West 52 ft. of Gervais Avenue for which Mr. Kock was assessed under property description code 57- 0091 - 040 -52, which was at the Village assessment rate of $4.65 per front foot, - 3 - 3/11 In said letter I advised you that Henry J. Kock will not accept the $241.80 refund in lieu of the paving of the West 52 ft, of Gervais Avenue and insists that the Village complete the paving of the West 52 ft, of Gervais Avenue, including the removal of a large tree in said West 52 ft. You and I have discussed this matter at some length, and as I ad- vised you sometime ago, the cost of the removal of the large tree and the paving of said 52 ft, will far exceed the $241.80, and I am sure that this was taken into consideration by the contractor who did the work, and it is unfair at this time for the Village to attempt to make a refund of money in lieu of completing the paving contract. Very truly yours, Wm. J. Dunn P.S. In the event the Village Council does not see fit to complete Gervais Ave. per its contract, then I have advised my client that he has the right to complete the paving contract by the removal of the tree and paving of the West 52 ft. of Gervais Avenue and sue the Village for the cost of the same. W.J.D. c. Councilman Greavu moved that the assessment correction hearing b continued until March 25, 1971 and that the property owners involved Seconded by Councilman Haugan, Ayes - all. D. PRESENTATIONS 1. Manager Miller stated the bid letting for the construction of Sanitary Sewer on Gervais Avenue from Kennard Street East is set for Tuesday, March 30, 1971 at 2:00 P.M. The specifications call for 930 feet instead of the approximately 1,000 feet of construction previously discussed. 2. Manager Miller stated Adolphus Street is a 26 foot street next to the Fox and Hounds Restaurant. This width street does not allow for sufficient parking on both sides or in fact on either side. Staff recommends that a "no parking" ban be placed on both sides of the street, Councilman Greavu moved Adolphus Street, (north Restaurant, that a "No Parkine" b Seconded by Councilwoman Olson. Ayes - all. 3. Councilman Wiegert stated he had received inquiries asking if the Council would consider a cat ordinance similar to the dog ordinance. Staff will investigate. - 4 - 3/11 rGIN 4. Mayor Axdahl stated that since plastic bags are now used for refuse and placed at the curb for pick -up it may be well for the Council to look into ;more 'strict enforcement�of'.the dog ordinance. 5. Councilman aaugansaid he had read in the paperi: that Councilman Wiegert was supposed to have been representing the Council at a meeting and wondered if Councilman Wiegert had a report to give to Council. Councilman Wiegert stated the following: "I was asked by the newly formed Maplewood Citizen's Association to come over to the committe meeting and tell them what all has been hap- pening in the Council regarding the Moose "bit ". They said there would be a representative from the Moose and a representative from the Human Relations Commission, who would do the same thing. This committe was going to study and adopt some sort of position for the Association as a whole. Then they were going to come before this body and state their thinking on the subject. I don't know what further has gone on. I did go there and tell them what all we had done from the start until the finish. In view of the fact that everyone was going to be there and in view of the fact that it was all citizens, I didn't see any harm in going there. There was no point in the whole Council being there to tell them what had gone on, no more than the whole Human Relations Commission being there, or the whole Moose Lodge." 6. Councilman Creavu asked if the staff knew what the status of the Ord- inance from the Human Relations Commission was. Manager Miller stated he had been in touch with the Human Relations Com- mission and that the ordinance if forthcoming. E. ADJOURNMENT 9:10 P.M. Cit Clerk - 5 - 3/11