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HomeMy WebLinkAbout07-26-1973 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, July 26, 1973 Municipal Administration Building Meeting 73 - 24 (A) CALL TO ORDER (B) ROLL CALL (C) PUBLIC HEARINGS ~� 1. Planned Unit Development - Maple Greens (7:30) 2 Board of Adjustment and Appeals (Sign Height Variance) St. Paul Priory (Northwest corner of Larpenteur Avenue and Century Avenue) (8:00) 3. Zone Change (F -R to LBC) - Southeast corner of White Bear Avenue and Beam Avenue (8:15) (D) UNFINISHED BUSINESS 1. IIomart Development Company: a. Site Plan L. Lighting Plan C. Landscaping Plan 2. Building Plan Review - Department store (Powers - Maple- wood Mall) 3. Water Improvement - 1973 (Authorization to cross railroad tracks) 4. Comprehensive Water Plan ADJOURNMENT MINUTES OF THE MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, July 26,1973 Council Chambers, Municipal Building Meeting No. 73 -24 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 7:32 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Absent Donald E. Olmstead, Councilman Present Donald J. Wiegert, Councilman Present C. PUBLIC HEARINGS 1. Planned Unit Development - Maple Greens (7:30 P.M.) a. Mayor Axdahl convened the meeting for a pulbic hearing for a special use permit for planned unit development located east of the Beaver Lake Estates Mobile Home Park; south of the Chicago- Northwestern Railroad Tracks, west of Ferndale Street and north of Beaver Lake Elementary School. The Manager read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that the Special Use Permit be approved for the proposed Maple Greens Planned Unit Residential Development subject to the following conditions: 1. The attached site plan indicating land uses, densities and street patterns shall be the Village approved plan of development for the entire development, and any changes in the adopted plan shall require a public hearing and approval by the Village Council; 2. The development of the Special Use Permit area shall be staged to allow development only of that portion designated RL and lying south of Maryland Avenue west of Ferndale Street and north of Magnolia Avenue, except as provided in condition No. 3, and such development shall only be allowed by official subdivision platting in accordance with the Village Platting Code; 3. Development of additional stages shall not be permitted until the Village Council is completely satisfied that all necessary support services are available or guaranteed to adequately service such addit- ional staged areas within the Special Use Permit property, while at the same time not overloading or jeopardizing the service delivery capability or performance to any existing surrounding developments or properties; - 1 - 7/26 4. All structures proposed in the PUD Special Use Permit shall be re- viewed through the Community Design Review Board Ordinance provisions to achieve an aesthetically and visually pleasant appearance and land- scaped development, and the developer shall provide, at a minimum, in RL areas, an entire street throughout its length with structural and landscaping plans so that a comprehensive design review can be perform- ed by the Village; 5. The proposed open space within the entire development and within each stage shall be clearly delineated and clarified in a legal document which outlines the development of the open space, its maintenance and citizen or resident rights to that open space, and such clarification shall be reviewed as part of the subdivision platting requirement and approved prior to any building permit or ancillary development permit such as grading; 6. The Developer shall provide an escrowed amount equal to the estimated cost of the Ferndale Avenue feasibility study; said amount shall be used to pay for said study if said project is not undertaken and assess- ed. (In other words, if the project does not go through, and there is not a project, add the cost of the feasibility study onto the developer; it will be paid out of an escrowed amount. If the project should go through, and it isa,to« be assessed, then the escrowed amount will be returned to the developer. The developer would guarantee it from the beginning.) 7. The improvement of Ferndale Avenue shall be ordered by the Village prior to the issuance of any building or ancillary development permits, and said street shall be improved to Village minimum street standards prior to any occupancy permit within the first stage; 8. Any increased surface drainage resulting from the proposed development shall not discharge runoff anywhere from the site at any greater rate or volume than was the case resulting from its undeveloped state, and should such not be possible, the development shall be responsible to secure all necessary off -site legal rights for increased drainage dis- charge and /or storage and further bear all required related development costs to accommodate such runoff, and prior to any building permits of any kind being issued a drainage plan shall be submitted and approved by the Village Engineer prior to any permit issuance; 9. All utilities installed within the confines of the Special Use Permit shall be installed underground; 10. The first stage shall commence physical construction within 12 months from the date of Village Council approval; 11. Prior to granting the final ten occupancy permits in the first stage, the developer shall propose the succeeding stages of development to the Village Council for review and determination of the availability and adequacy of delivery of necessary support services; 12. All residential dwelling units shall be subject to the neighborhood park acquisition and development charge policy of the Village in effect at the time of the issuance of building permits; - 2 - 7/26 13. The developer shall provide financial assurance to the Village guarante- eing his faithful performance of completing each stage approved and such assurance shall be the equivalent of five percent of each stage's completed construction valuation, and the developer shall provide evidence from a financial institution indicating that sufficient monies are assured to develop each stage approved by the Village Council and such financial assurances shall be performed and submitted to the Village prior to application for the first building permit of each stage; 14. The Village reserves the right to impose additional conditions on each stage of development when such particulars are presented; 15. The applicant and owner shall agree to the above conditions in writing. c. Chairman Lyman Coombs presented the following Planning Commission recommend- ations: "Commissioner Kishel moved that the Planning Commission recommend to the Village Council that the Special Use Permit request of Maple Greens for proposed Planned Unit Development be recommended for approval based on the conditions listed in the Manager's report. Commissioner Kent seconded. Motion carried. - Ayes all, except Commissioner Singer voted no." d. Mayor Axdahl called for proponents. The following were heard: Mr. Bailey Seida, representing the planning firm of Harry Johnson Company from Bloomington, stated he had a disclosure to make before making his presentation. He was employed by the Village of Maplewood at the time that this staff report was formulated. The report that has been attached in Council's packet was written by himself. Mr. Seida wishes Council to know that his association with the client at that time was totally non - existant at the time of his employment with the Village of Maplewood. It was upon his termination with the Village that he was asked by the client to represent him. Mr. Seida then spoke regarding the proposal. His clients do completely concur with the Planning Commission's recommendation and they concur with the Village Manager's recommended conditions. They are, at this time, pre- pared to sign an agreement, entering into such with the Village of Maplewood, in accordance with those recommended conditions. e. Mayor Axdahl called for persons who wished to speak in opposition to the proposal. The following were heard: Dan Hawkinson, 2627 E. Geranium, questioned who would have to pay the street assessment for Ferndale. He feels the developer should be required to pay this cost. Richard Weinhold, 2615 Stillwater Road, wished to know what was meant by the 'upgrading of Ferndale'. Gary Quist, 1300 McKnight Road, with Bulk Service Corporation, located next to the north portion of Maple Greens property, objects to the change in zoning from Manufacturing to Residential. - 3 - 7/26 f. Councilman Olmstead moved approval of the special use permit for Maple Greens Company subject to the fifteen conditions listed in the Manager's report. Seconded by Councilman Wiegert. g. Councilman Wiegert or ancillary develonme ermit shall be issued with Seconded by Councilman Olmstead. h. Mayor Axdahl moved to conditions, "at such time following conditions. Seconded by Councilman Wiegert. condition No. / to read: "No b be issued unless and until the i the Village Council and no occu t stage until such street is imp Ayes - all. tion to add, at that point befor venue is ordered" and subiect to Ayes - all. i. Mayor Axdahl now called for the vote on the original motion. Ayes - all. Mayor Axdahl recessed the meeting at 9:09 P.M. to convene as the Board of Appeals and Adjustments. Mayor Axdahl reconvened the meeting at 9:15 P.M. 3. Zone Change (FR to LBC) - Southeast Corner of White Bear Avenue and Beam Avenue (8:15 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on a request for Zone Change from Farm Residence to Limited Business Commercial, the southeast corner of White Bear and Beam Avenues. Manager Miller read the notice of hear- ing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that although a specific site development plan is not being proposed at this time, I feel, as in the case of the LBC area to the north, that it is advantageous to all parties if the Council goes on record as expecting certain requirements of any site plan for the rezoned area. I would suggest that the Council go on record as favoring the following requirements for any site development plan for this rezoned area: 1. No curb cuts be allowed on White Bear Avenue, due to the congestion on that street; accesses on Beam Avenue be located no closer than 100 feet from the intersection of White Bear Avenue and that such accesses be separated by a minimum of 150 feet. 2. All land uses shall be limited in terms of activity to professional type offices, and retail stores marketing goods shall not be interpreted to be a similar use provided for in the LBC zone; 3. Due to the impact upon surrounding residentially planned lands, the proposed site development plan shall be heard publicly at the time of consideration; - 4 - 7/26 4. No off - street parking lot spaces shall be allowed closer than 10 feet to Beam Avenue or White Bear Avenue; 5. The maximum building or structure height shall be three stories or 38 feet whichever is less; 6. No building or combination of buildings on any lot or parcel of land shall exceed forty per cent of the total land area involved in order to provide adequate on -site parking and setbacks; 7. The maximum floor area ratio shall not exceed 1.0. The floor area ratio shall be determined by the following formula: Floor Area Ratio = total floor area total lot area 8. All off - street parking shall meet Village Parking Code requirements; 9. A landscaping plan shall be required at the time of submittal of the proposed development plan and shall be approved by the Village Council; 10. Sign control shall be extensive for this area to avoid a profusion of an extensive amount of signs, and Village sign requirements shall pre- vail on all matters related to signs; 11. The site development plan shall include exterior and safety lighting; 12. The plan shall include sidewalk facilities having a five foot minimum width along White Bear Avenue. c. Chairman Lyman Coombs presented the following Planning Commission recommend- ations: "Commissioner Fischer moved that the Planning Commission recommends rezone of the entire site to LBC subject to the 12 conditions outlined in the staff report. Commissioner Howard seconded. Commissioner Fischer moved to amend the motion to include, because of the un- certainty of the legal ramifications necessary to change the "Plan for Maplewood" it is requested that this matter be tabled until the staff can research this question and provide the Commission with the information. Commissioner Howard seconded. Commissioner Fischer moved that although the staff report recommends the rezon- ing of only the westerly two - thirds to LBC and retaining the easterly one -third as FR the Commission feels that the property in question is in one ownership and is of such a small acreage the entire piece of property should be rezoned to LBC. Since the land use plan currently shows LSC for the west two - thirds and Rm for the East one -third it is recommended that the Council table this re- quest until the meeting of August 16, 1973 in order to give the staff time to advise the Commission as to how much of a deviation from the "Plan" can be made without a public hearing. Commissioner Howard seconded. Motion carried - Ayes all with Commissioner Bruton abstaining." - 5 - 7/26 d. Mayor Axdahl called for proponents. The following were heard: Nr. Neil Fairbanks, the developer, stated the conditions are acceptable. e. Mayor Axdahl called for opponents. The following were heard: Mrs. Magnason, lives adjacent to the property, would be opposed to it if it were to be a shopping center, as it abuts a park. f. Councilman Wiegert moved to table the zone change request to the August 16, 1973 meeting, to receive further advice from the Planning Commission. Seconded by Councilman Greavu. Ayes - all. Council requested that the Planning Commission Chairman attempt to convey Councilman Wiegert's remarks relative to the zone lines and that they be taken into consideration. D. UNFINISHED BUSINESS 1. Homart Development Company a. Site Plan 1. Manager Miller presented the staff report with the recommendation that the proposed site plan be found to be compatible with the Community Design Review Ordinance subject to the following conditions: 1. The "Gas Island" shall be eliminated from the site plan; 2. The exit to Beam Avenue at the southwest corner of the Super Valu site shall be eliminated; 3. The site approval shall in no way indicate approval of uses indicated for "Future Development" and any proposals for these areas shall require the review of the Village; 4. The developer shall work with the Village staff in developing methods of stacking traffic internally during peak traffic hours; and 5. The Homart Development Company shall agree to the above conditions in writing. 2. Chairman Warren Peterson presented the following Community Design Review Board recommendation: "Board Member Arndt moved that the Community Design Review Board finds the Homart Site plan compatible with the Design Review Ordinance and that the Board recommend to the Village Council approval of the Architectonic's In- corporated drawing No. LP1, Revision 3, latest date 7 -10 -73 for land usage only of the Savings and Loan, Restaurant, Cinema, Neighborhood Center and also subject to conditions 2 through 5 as stated in the Village Manager's report dated July 23, 1973. Board Member Ottman seconded. - 6 - 7/26 Board Member Ottman moved an amendment to the motion that the lighting, landscaping and utilities of any of the separate parcels would be approved at the time that the building plan was submitted for approval. Board Member Arndt seconded. Voting on Motion and Amendment: Motion carried - Ayes all." 3. Mr. David Stautz, Homart representative, further explained the site plan. 4. Mr. Ralph Shimer, architect for the Sears building, spoke regarding the "gas island ". 5. Councilman Greavu moved to approve the site plan of Homart Development Company subject to the following conditions: 1. The site approval shall in no way indicate approval of uses in- dicated for "Future Development" and any proposals for these areas shall require the review of the Village; 2. The developer shall work with the Village in developing methods of stacking traffic internally during peak traffic hours; 3. The lighting, landscaping and utilities of the separate parcels shall be approved at the time that building plans are submitted for approval; and 4. The Homart Development Company shall agree to the above conditions in writing. Seconded by Councilman Olmstead. Ayes - all. Council requested that the traffic engineer from Homart appear before them at the time the plans for the Savings and Loan Building appears for approval. b. Lighting Plan 1. Manager Miller presented the staff report with the recommendation that the proposed lighting plan be found in conformance with the Community Design Review Ordinance. 2. Chairman Warren Peterson presented the following Community Design Re- view Board recommendation: "Board Member Howard moved that the Board of Review recommend to the Village Council that the lighting plan is compatible with the Community Design Re- view Ordinance and that it be approved as submitted. Board Member Simkins seconded. Motion carried - Ayes all." 3. Mr. David Stautz, Homart representative, spoke on behalf of the proposal. He also gave a demonstration of the lighting. 4. Councilman Greavu moved to approve the lighting plan as presented by Homart Development Company, - 7 - 7/26 Seconded by Councilman Wiegert. Ayes - all. c. Landscaping Plan 1. Manager Miller presented the staff report with the recommendation that the landscaping plan be found to be in conformance with the Community Design Review Ordinance and also to compliment the developer on the excellent land- scaping plan. 2. Chairman Warren Peterson presented the following Community Design Re- view Board recommendation: "Board Member Glasow moved that the Review Board recommend to the Village Council that the landscape plan is compatible with the Community Design Review Ordinance and that it be approved as submitted. Board Member Ottman seconded. Motion carried - Ayes all." 3. Mr. Gene Addis, Seifert Nursery, explained the landscaping plan and the choice of trees that will be planted on the site. 4. Councilman Greavu moved to approve the landscaping plan submitted Seconded by Councilman Olmstead. Ayes - all. 2. Building Plan Review - Department Store (Powers - Maplewood Mall) a. Manager Miller presented the staff report with the recommendation the Powers Department Store building plans be approved subject to conditions. b. Chairman Warren Peterson presented the following Community Design Review Board recommendation; "Board Member Simkins moved that the Review Board finds the Powers Department Store plans compatible with the Design Review Ordinance and that the Board re- commend approval to the Village Council in accordance with the Village Manager's report dated July 23, 1973, except for Item No. 6. Board Member Arndt seconded. Motion carried - Ayes all." c. Mr. Ralph Shimer, architect for Powers, spoke regarding the proposal and presented samples of the materials to be used on the exterior of the building. d. Councilman Wiegert moved to approve the building plans for Powers Department Store subject to the following conditions: 1. The plan shall provide for the following facilities: a. Bicycle parking and racking b. Pedestrian corridor areas to public streets c. Wheel chair cuts for curb ends d. Indoor refuse storage facilities; 2. Approved landscaping and lighting plans shall be submitted prior to occupancy of the building; - 8 - 7/26 3. The fuel oil tank shall be placed underground; 4. The parking lot plan shall conform to the approved site plan for the Maplewood Mall area; 5. The Director of Public Safety shall approve the proper fire protection and safety requirements prior to issuance of a building permit; 6. Construction shall start upon the project within 120 days of the date of Council approval; and 7. The applicant and owner shall agree to the above conditions in writing. Seconded by Councilman Greavu. Ayes - all. 3. Water Improvement - 1973 (Authorization to Cross Railroad Tracks) a. Manager Miller stated authorization is requested to execute an agreement with the Burlington Northern Railway for a lease to operate a water main under its tracks at County Road C and at Gervais Avenue. Fees are involved, $45.00 per crossing for the first five years, then at $20.00 for subsequent five year intervals. b. Councilman Olmstead d C and at Gervais Avenue Seconded by Councilman Wiegert. Ayes - all. 4. Comprehensive Water Plan a. Manager Miller stated it is felt that the time has come for the Council to meet again with the Board of Water Commissioners. It is suggested that some alternate dates be suggested. b. Councilman Wiegert moved authorization for the staff to arrange a meeting with the Board of Water Commissioners, preferably in the day time. Seconded by Councilman Olmstead. Ayes - all. E. ADMINISTRATIVE PRESENTATIONS 1. Manager Miller stated improvement projects have been completed in the following areas: Project No. Project Name Proposed Hearing Date & Time 72 -22 Flandrau St. Improvements 8 -28 -73 71 -4 Larpenteur Ave. Improvements 8 -28 -73 70 -5 Beam Ave. Improvements 8 -28 -73 69 -5 White Bear Ave. Storm Sur. Improves. 8 -28 -73 71 -8 Lydia Ave. Storm Swr. Improvements 8 -28 -73 71 -2 VanDyke St. Sanitary Sewer 8 -30 -73 71 -12 Mailand Rd. Water Improvement 8 -30 -73 - 9 - 7/26 7:30 P.M. 7:45 P.M. 8:00 P.M. 8:30 P.M. 9:00 P.M. 7:30 P.M. 8:00 P.M. 71 -17 Holloway Avenue San. Sewer 8 -30 -73 8:15 P.M. 71 -24 North Branch of Battle Creek Imp. 8 -30 -73 8:30 P.M. 72 -13 Arcade St. San. Swr. & Lift Station 8 -30 -73 8:45 P.M. Authorization to prepare the assessment rolls and establish hearing dates of August 28, 1973 and August 30, 1973 are recommended. b. Councilman Greavu moved to waive the Rules of Procedures to place the item on the Agenda. Seconded by Councilman Wiegert. Ayes - all. c. Authorization to prepare Assessment Rolls. 1. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -7 -157 WHEREAS, the Village Clerk and Village Engineer have presented the final figures for the Flandrau Street Improvement, No. 72 -22 (Cope to Lark) NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece; or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 2. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -7- 158 WHEREAS, the Village Clerk and Village Engineer have presented the final figures for the Larpenteur Avenue Improvements - Edgerton to Park- way Drive, Project No. 71 -4; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece; or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. - 10 - 7/26 FURTHER, the Clerk shall, upon completion of:.such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 3. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 159 WHEREAS, the Village Clerk and Village Engineer have presented the final figures for the Beam Avenue Improvements, Project No. 70 -5 (Hazel- wood Avenue to White Bear Avenue); NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, peice or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 4. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 160 WHEREAS, the Village Clerk and Village Engineer have presented the final figures for the White Bear Avenue strom Sewer, Project No. 69 -5; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 5. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 161 WHEREAS, the Village Clerk and Village Engineer have presented the - 11 - 7/26 final figures for the Lydia Avenue Storm Sewer - McKnight to East, Project No. 71 -8; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 6. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -7 -162 WHEREAS, the Village Clerk and Village Engineer have presented the final figures for the VanDyke - Gervais Sanitary Sewer, Project No. 71 -2; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 7. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -7 -163 WHEREAS, the Village Clerk and Village Engineer have presented the final figures for the Mailand Road Water Project, Project No. 71 -12; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. - 12 - 7/26 FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 8. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 164 WHEREAS, the Village Clerk and Village Engineer have presented the final figures for the Holloway Avenue Sanitary Sewer, Project No. 71 -17; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 9. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -7 -165 WHEREAS, the Village Clerk and Village Engineer have presented the final figures for the North Branch of Battle Creek Improvement, Project No. 71 -24; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. 10. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -7 -166 WHEREAS, the Village Clerk and Village Engineer have presented the - 13 - 7/26 final figures for the Arcade Street Sanitary Sewer and Lift Station, Pro- ject No. 72 -13; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: that the Village Clerk and Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Village Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilman Greavu. Ayes - all. d. Ordering Assessment Roll Hearing 1. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -7 -167 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 72 -22, Flandrau Street Improvement (Cope to Lark) the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of August, 1973 at the Village Hall at 7:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 2. Councilman Olmstead introduced the following resolution and moved its adoption: - 14 - 7/26 73 - 7 - 168 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 71 -4, Larpenteur Avenue - Edgerton to Parkway Drive the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of August, 1973 at the Village Hall at 7:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with refer- ence to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the.date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 3. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 169 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 70 -5, Beam Avenue Improvements (Hazelwood to White Bear Avenue) the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of August, 1973 at the Village Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed - 15 - 7/26 to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 4. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 170 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 69 -5, White Bear Avenue Storm Sewer the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of August, 1973 at the Village Hall at 8:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 5. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 171 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 71 -8, Lydia Avenue Storm Sewer - McKnight to East the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of August, 1973 at the Village Hall at 9:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. - 16 - 7/26 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 6. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 172 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 71 -2, VanDyke - Gervais Sanitary Sewer the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of August, 1973 at the Village Hall at 7:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 7. Councilman Olmstead introduced the following resolution and moved its adoption: 73 -7 -173 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 71 -12, Mailand Road Water the said assessment roll is on file in the office of the Village Clerk; - 17 - 7/26 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of August, 1973 at the Village Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 8. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 7 - 174 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement Project No. 71 -17, Holloway Avenue Sanitary Sewer the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of August, 1973 at the Village Hall at 8:15 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hear- ing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 9. Councilman Olmstead introduced the following resolution and moved its adoption: - 18 - 7/26 73 - 7 - 175 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 71 -24, North Branch of Battle Creek Improvement the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of August, 1973 at the Village Hall at 8:30 P.M. to pass upon such proposed assess- ment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilman Greavu. Ayes - all. 10. Councilman Olmstead introduced the followine resolution and moved its adoption: 73 -7- 176 WHEREAS, the Clerk and the Engineer have, at the direction of the Council prepared an assessment roll for public improvement project No. 72 -13, Arcade Street Sanitary Sewer and Lift Station the said assessment roll is on file in the office of the Village Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of August, 1973 at the Village Hall at 8:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed r, 19 - 7/26 to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded b Councilman Greavu. y Ayes - all. 2. Manager Miller stated he would like authorization to retain Bailey Seida as a Planning Consultant on the basis of one -half day a week. This would be on an hourly basis with a maximum of $1,000.00 a month. It is not expected to reach this amount. Mr. Seida would just present a brief review, as a consultant, on some of the plans which are going to be coming up. Any plans in which he does represent the people, he would not write the report. This is not a contract with Bailey, as such, but with the company which employs him. Councilman Olmstead moved approval of the retention of the consultant, Bailey Seida, as per the contract,with the additional stipulation that it be continued for a 90 day period, with the understanding that it automatically ceases when a full time Planner is hired. Seconded by Councilman Wiegert. Ayes - all. 3. Councilman Wiegert wished to know if the section of Lydia Street, which Council approved, was a mile in length. Engineer Collier stated it was close to one -half mile. 4. Councilman Greavu feels that the employees wages should be increased by 1% to bring them up in line with the rest of the employees; that is the employees outsid( of the Police Department and the 49ers. Manager Miller stated that when the salary recommendations come in from the Stanton & Associates that there will probably be some people whose salary will be out of proportion and if there is additional monies in the budget that it would be used to equalize those. If the salaries are all in line, then maybe he could join in this, but would like to wait until he gets that report. Some people probably will be overpaid, but he has no intent to cut any salaries. Council requested more information regarding this matter. Manager Miller will submit a memo. F. ADJOURNMENT 12:03 A.M. Ci y Clerk I - 20 - 7/26