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HomeMy WebLinkAbout10-14-1971 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, October 14, 1971 Municipal Administration Building Meeting 71 - 42 (A) CALL TO ORDER B) ROLL CALL (C) PUBLIC HEARINGS 1. Alley Vacation - North- -south alley in Block 2, Lincoln Park (7:30 P.M.) 2. Improvement Project - Stanich Highlands (7:30 P.M.) 3. Deferred Assessments: a. Sanitary Sewer Improvement No. 6 (8:00 P.M.) b. Sanitary Sewer Improvement No. 7 (8 :15 P.M.) C. Water Improvement No. 1 (8:30 P.M.)^� d. Water. Improvement No. 2 (8:45 P.M.) e. Water Improvement No. 3 (9:00 P.M.) f. Water Improvement No. 4 9:15 P.M.) g. Water Improvement No. 5 (9:30 P.M.) h. Sewer & Water Improvement No. 1 (9:45 P.M.) i. Sewer & Water Improvement No. 2 10 :00 P.P4. 4. Street Vacation - Southlawn Drive, Radatz to Beam (10:30 P.M.) (D) UNFINISHED BUSINESS 1. Splitting of Assessments - Netnorlin plat (E) NEW BUSINESS 1. Certification of Election F) ADJOURNMENT MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, October 14, 1971 Council Chambers, Municipal Building Meeting No. 71 - 42 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 7:37 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 2, Lincoln Park (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on the petition to vacate the north -south alley in Block 2, Lincoln Park. A portion of the alley had previously been vacated. The alley is an unimproved alley having a width of twenty feet and a length of approximately 240 feet from Frost Avenue north, The Clerk read the notice of hearing along with the publication dates. b, Manager Miller presented the staff report recommending approval of the alley vacation subject to retention of the utility easement. Manager Miller read the following Planning Commission recommendation: "Commissioner Singer moved that the Planning Commission recommend to the Village Council that the alley be vacated as proposed and petitioned subject to the retent- ion of a utility easement. Commissioner Barrett Seconded. Ayes - all." c. Mayor Axdahl called for proponents. Jack Wallace, Attorney represent- ing Robert Hall, the petitioner, spoke on behalf of the proposed alley vacation. He stated he wished to defer answering any questions until after the opposition had stated their v eias.:, d. Mayor Axdahl called for opposition. Mr. Harold Barkdoll, 1940 Atlantic Street spoke against the proposed alley vacation. He stated it was the only access he had for a well rig to enter his property and if the alley were filled in or constructed in any way, he would have more flooding prob- lems. e. Mr. Wallace stated Mr. Hall would grant an easement for whatever pur- poses, such as the need for a well rig, the residents would need. f. Mayor Axdahl called for formal objections. The following were heard: Mike Roubik, 1950 Atlantic Street Harold Barkdoll, 1940 Atlantic Street - 1 - 10/14 g. Mayor Axdahl closed the public hearing. h. Councilman Greavu moved to delay decision vacation for one week to allow for any additi Seconded by Councilman Haugan. Ayes - all. 2. Improvement Project - Stanich Highlands (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on the pro- posed improvements in the Stanich Highlands area. The Clerk read the notice of hearing along with the publication dates. b. Manager Miller stated an informational meeting had been held on Oct- ober 5, 1971 by the staff to answer any questions the residents in the Stanich Highlands Area had. The residents filed a petition stating their opposition to the entire project. The Staff has received a petition from the residents on Ripley Avenue requesting that Ripley Avenue be constructed by paving, storm sewer and concrete curb. C. Village Engineer Collier presented the specifics of the proposed im- provements. d. Robert Berglund, 1978 Ripley Avenue spoke on behalf of constructing Ripley Avenue only. e. Mayor Axdahl called for any person who wished to oppose the proposed improvements and who do not appear on the petition. The following were heard: Mr. LaVelle, 1906 Price spoke on behalf of contractor Ray Spande who owns several lots in the area. Mr. Ted Netsch, 1990 Kingston f. Councilwoman Olson moved to deny the entire project for the the pur pose of establishing another subsequent hearing date for the constructi of Ripley Avenue only,at which time more precise information can be ob- Seconded by Councilman Wiegert. Ayes - all. g. Councilman Greavu introduced the following resolution and moved its adoption: (accepting petition and calling for feasibility report) 71 - 10 - 224 WHEREAS, a certain petition has been received by the Village Council for the improvement of the following described area: Ripley Avenue from North Saint Paul Road to Ruth Street Ruth Street from Kingston Avenue to Ripley Avenue Hazel Street from Kingston Avenue to North Saint Paul Road - 2 - 10/14 by construction of water and sanitary sewer connections, storm sewers, and asphalt pavement with concrete curb and gutter; and WHEREAS, the said petition has been declared to be signed by the required percentage of owners of property affected thereby; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the petition as hereinbefore described is hereby referred to the Village Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilwoman Olson. Ayes - all. h. Councilman Greavu introduced the following resolution and moved its adoption: (accepting feasibility report and calling for hearing) 71 - 10 - 224A WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Ripley Avenue from North St. Paul Road to Ruth Street; Ruth Street from Ringston to Ripley Avenue; Hazel Street from Ringston to North St. Paul Road by construction of water and sewer connections, storm sewers, and asphalt pavement with concrete curb and gutter, and WHEREAS, the said Village Engineer has prepared the aforesaid pre- liminary 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 Ripley Avenue from North St. Paul Road to Ruth Street; Ruth Street from Kingston to Ripley Avenue; Hazel Street from Kingston to North St. Paul Road by construction of water and sewer connections, storm sewers, and asphalt pavement with concrete curb and gutter 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 $126,427.00. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on Thursday the 11th day of November 1971, at 9:00 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: 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, - 3 - 10/14 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: November 11, 1971 at 9:00 P.M. Location: Council Chambers of the Village Hall, 1380 Frost Avenue The general nature of the improvement is the construction of water and sewer connections, storm sewers, and asphalt pavement with concrete curb and gutter in the following described area: Ripley Avenue from North St. Paul Road to Ruth Street; Ruth Street from Kingston to Ripley Avenue; Hazel Street from Kingston to North St. Paul Road. The total estimated cost of said improvement is $126,427.00. 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. Anyone not present will be presumed to be in favor of the proposed improvement. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 14th day of October, 1971. Seconded by Councilwoman Olson. BY ORDER OF THE VILLAGE COUNCIL /ss/ Lucille E. Aurelius Village Clerk Village of Maplewood Ayes - all. i. Council discussed the possibility of vacating Hazel Street from King- ston Avenue South to Larpenteur Avenue. j. Following further discussion Councilman Greavu moved for Council to institute a aublic hearine on the vacation of Hazel Street from Kinasto, Avenue south to Seconded by Councilman Haugan. Ayes - all. Councilwoman Olson moved to suspend the Rules of Procedure modular home being built at 1942 Kingston Avenue in the St Area. Seconded by Councilman Wiegert. Ayes - all. - 4 - 10/14 Council requested the tape of the August 6, 1970 meeting be heard, regarding the discussion of modular housing. COUNCIL BUSINESS 1. Modular Housing a. The Council listened to the August 6, 1970 tape. b. Manager Miller stated that the State building code allows the type of home being built and so does the Village Municipal Code and the Village cannot deny a permit. c. Following discussion, Councilman Wiegert moved to refer to staff for study as to whether modular housing can be controlled and obtain reports from the Planning Commission and the Human Relations Commission regarding this type of housing being constructed in Maplewood. Seconded by Councilman Haugan. Ayes - all. d. Village Attorney Lais stated that as of July 1, 1972, the State Build- ing Code will take precedence over any and all Municipal Codes. Until the staff has time to study the State Building Code, we won't know if there is any way which would allow the Village to control the pre -fab types of hous- ing. Staff will have this study completed and a legal opinion, in written form, will be presented. e. Jerry Kaufman, 1915 Kingston stated the main questions here should be 'aesthetics'. Does the Council or Planning Commission have the right to determine if a house is of high enough value to be built in a certain area, not cost wise, but the footage area and the cost be comparable to the sur- rounding area. The Staff will investigate and include this matter in their report. Following further discussion, Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 10 - 225 WHEREAS, the Council has referred the question of the Council's capacity to control or regulate the construction of substantially pre- fabricated homes such as constructed by Kingsberry Construction Company IT IS HEREBY RESOLVED, that the staff is instructed to desist from issuing building permits for the construction of substantially prefabricated homes such as constructed by the Kingsberry Construction Company and Capp Homes until this resolution is rescinded. Seconded by Councilman Greavu. Ayes - all. Mayor Axdahl called for a five minute recess. Mayor Axdahl reconvened the meeting at 8:35 P.M. C. PUBLIC HEARINGS (continued) a. Sanitary Sewer Improvement No. 6 (8:00 P.M.) - 5 - 10/14 1. Mayor Axdahl convened the meeting for a public hearing on the Deferred Assessments for Sanitary Sewer Improvement No. 6. The Clerk read the notice of hearing along with the publication dates. 2. Manager Miller explained the procedures on deferred assessments. The Council holds the public hearing, allows time for written testimony and continues the hearing. Suggested dates to continue the hearing would be the last meeting in December or January 13, 1972. 3. Councilwoman Olson moved to set Seconded by Councilman Haugan. Ayes - all. 4. Village Engineer Collier explained the area this assessment involved. 5. Mayor Axdahl called for persons who wish to be heard. The following persons were heard: Herbert H. Schouweiler Mr. John Tucci, 1293 Kohlman Lane 6. Mayor Axdahl stated persons desiring consideration of their deferred assessments should fill out a Deferred Assessment form and return it to the Village Offices. 7. Mayor Axdahl adjourned the public hearing. 8. Councilman Greavu moved to continue the public hea assessments until January 13, 1972 to allow persons tc testimony. Seconded by Councilwoman Olson. Ayes - all. b. Sanitary Sewer Improvement No. 7 (8:15 P.M.) on deferred 1. Mayor Axdahl convened the meeting for the public hearing on Deferred Assessments for Sanitary Sewer Improvement No. 7. The Clerk read the notice of hearing along with the publication dates. 2. Manager Miller explained the procedures on deferred assessments. 3. Village Engineer Collier explained the area this assessment involved. 4. Mayor Axdahl called for persons who wished to be heard. None were heard. 5. Mayor Axdahl closed the public hearing and stated persons desiring continuation of their deferred assessments should fill out a Deferred Assessment Form and return it to the Village Offices. 6. Councilwoman Olson moved to continue the public hearing on Deferred Assessments of Sanitary Sewer No. 7 until January 13, 1972. Seconded by Councilman Wiegert. Ayes - all. - 6 - 10/14 c. Water Improvement No. 1 (8:30 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on Deferred Assessments for Water Improvement No. 1. The Clerk read the notice of hearing along with the publication dates. 2. Village Engineer Collier explained the area of the assessments involved. 3. Mayor Axdahl called for persons who wished to be heard. None were heard. 4. Mayor Axdahl closed the public hearing and stated persons desiring continuation of their deferred assessments should fill out a Deferred Assessment Form and return it to the Village Offices. 5. Councilman Greavu moved to continue the public hearing on Deferred Seconded by Councilman Haugan. Ayes - all. d. Water Improvement No. 2 (8:45 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on Deferred Assessments for Water Improvement No. 2. The Clerk read the notice of hearing along with the publication dates. 2.Village Engineer Collier explained the area of the assessments involved. 3. Mayor Axdahl called for persons who wished to be heard. None were heard. 4. Mayor Axdahl closed the public hearing and stated persons desiring continuation of their deferred assessments should fill out a Deferred Assessment Form and return it to the Village Offices. 5. Councilman Wiegert moved to continue the public hearing on D Assessments of Water Improvement No. 2 until January 13, 1972. Seconded by Councilman Greavu. Ayes - all. e. Water Improvement No. 3 (9:00 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on Deferred Assessments for Water Improvement No. 3. The Clerk read the notice of hearing along with the publication dates. 2. Village Engineer Collier explained the area of the assessments involved. 3. Mayor Axdahl called for persons who wished to be heard. None were heard. 4. Mayor Axdahl closed the public hearing and stated persons desiring continuation of their deferred assessments should fill out a Deferred Assessment Form and return it to the Village Offices. - 7 - 10/14 5. Councilman Greavu moved to continue the public hearing on Deferred Assessments of Water Improvement No. 3 until January 13, 1972. Seconded by Councilman Wiegert. Ayes - all. g. Water Improvement No. 5 (9:30 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on Deferred Assessments for Water Improvement No. 5. The Clerk read the notice of hearing along with the publication dates. 2. Village Engineer Collier explained the area of the assessments in- volved. 3. Mayor Axdahl called for persons who wished to be heard. None were heard. 4. Mayor Axdahl closed the public hearing and stated persons desiring continuation of their deferred assessments should fill out a Deferred Assessment Form and return it to the Village Offices. 5. Councilman Greavu moved to continue t Seconded by Councilman Haugan. Ayes - all. h. Sewer and Water Improvement No. 1 (9:45 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on Deferred Assessments for Sewer and Water Improvement No. 1. The Clerk read the notice of hearing along with the publication dates. 2. Village Engineer Collier explained the area of the assessments in- volved. 3. Mayor Axdahl called for persons who wished to be heard. The follow- ing were heard: Robert Hajicek, 1700 East County Road 'D' 4. Mayor Axdahl closed the public hearing and stated persons desiring continuation of their deferred assessments should fill out a Deferred Assessment Form and return it to the Village Offices. 5. Councilman Greavu moved to continue the public hearing on Deferred Assessments of Sewer and Water Improvement No. 1 until January 13 1972. Seconded by Councilman Haugan, Ayes - all. i. Sewer and Water Improvement No. 2 (10:00 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on Deferred Assessments for Sewer and Water Improvement No. 2. The Clerk read the notice of hearing along with the publication dates. 2. Village Engineer Collier explained the area of the assessments in- volved. - 8 - 10/14 3. Mayor Axdahl called for persons who wished to be heard. The follow- ing were heard: Ray Kaeder 4. Mayor Axdahl closed the public hearing and stated persons desiring continuation of their deferred assessments should fill out a Deferred Assessment Form and return it to the Village Offices. 5. Councilman Wiegert moved to continue the public hearing on D K Seconded by Councilman Greavu. Ayes - all. D. UNFINISHED BUSINESS 1. Splitting of Assessments - Netnorlin Plat. a. Manager Miller stated this item should be deleted from the Agenda. b. Councilman Haugan moved to delete Item E -1 from the agenda. Seconded by Councilwoman Olson. Ayes - all. E. NEW BUSINESS 1. Certification of Election a. Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 10 - 226 RESOLVED, that the Village Council of the Village of Maplewood, Ramsey County, Minnesota acting as a canvassing board on October 14, 1971, hereby certifies the following results of the October 12, 1971 Village Primary Election Councilmen: Charles Brady 560 John C. Greavu 394 Bernard Grover 198 Ronald A. LaCouture 633 Burnel Stolzman 251 Donald J. Wiegert 448 Seconded by Councilman Greavu. Ayes - all. C. PUBLIC HEARINGS (continued) 4. Street Vacation - Southlawn Drive, Radatz to Beam a. Mayor Axdahl convened the meeting for a public hearing for Street Vacation of Southlawn Drive from Radatz Avenue to Beam Avenue. The Clerk - 9 - 10/14 read the notice of hearing along with the publication dates. b. Manager Miller stated the vacation of Southlawn Drive will riot be re- commended by the staff. The Staff had requested the area developers of the Shopping Center to provide an agreement which would leave the Village free of any additional cost caused by the change of locations of the en- trances. c. Village Engineer Collier explained the original west entrance to the Shopping Center and stated there were problems with acquiring the necessary property, etc. Therefore, the Shopping Center developers have worked out an alternate entrance using the existing Southlawn Drive. d. Councilwoman Olson moved approval of the change in the entrance to the shopping center. Seconded by Councilman Greavu. Ayes - all. e. Councilman Wiegert moved to deny the street vacation of Southlawn Drive. Seconded by Councilman Greavu. Ayes - all. F. COUNCIL PRESENTATIONS 1. Councilman Greavu questioned what had taken place between the Village and Mr. Dick Lofgren regarding an easement for a man made drainage course that went through Mr. Lo£gren's property. Staff stated this matter had been discussed with Mr. Lofgren and at the present time agreement could not be reached. Councilwoman Olson moved that Staff be in contact with Mr. Lofgren and attempt to solve the problem. Seconded by Councilman Wiegert. Ayes - all. 2. Mayor Axdahl wished to know the current status of the access road from Larpenteur Avenue to the Forest Green Apartments. The road has been closed. Staff stated they had just found out the road to the south had been closed and are investigating the reason. Councilman Wiegert stated it was his feeling that the developer of the Forest Green Complex would provide an access road to the south, and that this was a stipulation of the reconsideration. Councilwoman Olson moved that the Staff review the tapes of the meetings 1 the background information to the Council before the Council makes anv de- Seconded by Councilman Haugan. Ayes - all. - 10 - 10/14 3. Councilwoman Olson stated she was quite concerned about the Planning Office recommendations regarding the two homes on Atlantic Street. The 9' Planning Office stated the area is definitely Commercial, the homes are of " non- conforming land use, and not residential in terms of environmental use. Councilwoman Olson believes the Council has an obligation to the home owners because of previous Council action and would like to see the home owners given consideration. Councilwoman Olson stated she would like to have some recommendation from staff regarding a housing redevelopment authority for the Village. If the property on Atlantic Street is a commercial area and if that is the position Council is going to take then the residents should be informed of this. Councilman Wiegert moved that staff investigate the possibility of a Village housing redevelopment authority, also investigate the status of the Ramsey County Housing Redevelopment Authority and obtain cor�ents from the Planning Commission as to the impact a Housing Redevelopment Authority would have and if an individual would get the best economic "returns" from the Housing Re- development Authority approach or from an individual approach. Seconded by Councilwoman Olson. Ayes - all. 5. Mayor Axdahl stated that October 24 through October 30 is designated as National Education Week. 6. Mayor Axdahl stated that there is a "shirt sleeve" session, October 18, 1971 at 7:00 P.M. on the subdivision plat resolution and Gervais Avenue. 7. There is a Ramsey County League meeting scheduled for Wednesday, October 20, 1971. G. STAFF PRESENTATION 1. Manager Miller reported on the progress for applying for the 701 Plan. The staff is applying for federal grants on all the specific studies that are included in the budget. Staff feels, at this time, there is a chance of receiving help on the storm sewer study and the open space study. The first step for applying in this area is adopting the budget which was done October 7, 1971. Mr. Elmer Stanke, 910 E. County Road C informed the Council of the problems his mother, 934 E. County Road C, was experiencing in hooking up to the San- itary Sewer. The location for the sewer stub connection given by the con- tractor was in error and that the connection to the house was only about 18" below the ground and he feels it may freeze. Staff has been informed and is investigating. H. ADJOURNMENT 11:24 P.M. i.ty Clerk - 11 10/14