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HomeMy WebLinkAbout09-12-74 SMMINUTES OF THE MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, September 12, 1974 Council Chambers, Municipal Building Meeting No. 74 -33 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:32 P.M. by Mayor Bruton. B. ROLL CALL Robert T. Bruton, Mayor Present John C. Greavu, Councilman Present Donald J. Wiegert, Councilman Present Norman G. Anderson, Councilman Present Burton A. Murdock, Councilman Present C. PUBLIC HEARINGS 1. Easement Vacation - Edgerton Highlands a. Mayor Bruton convened the meeting for a public hearing regarding a proposal to vacate easements for drainage and utility purposes on property legally described as Lots 1, 2 and 3, Block 1, Edgerton Highlands. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and stated the easements for which vacation is requested are presently unused and are not required for future use and it is recommended that the vacation request be approved with the following conditions: 1. The applicant and owner shall dedicate such replacement easements as are deemed necessary by the City of Maplewood upon submission of any development proposals for any portion of subject property; 2. The owner and applicant shall agree to the above condition in writing. c, Vice Chairman Duane Prew presented the following Planning Commission recommendation: "Commissioner Kent moved that the Planning Commission recommend to the City Council that the easement be vacated subject to the following conditions: 1. The applicant and owner shall dedicate such replacement easements as are deemed necessary by the City of Maplewood at no cost to the City upon submission of any development proposals for any portion of subject property; 2. The owner and applicant shall agree to the above condition in writing. Commissioner Kishel seconded. Ayes - 5, Nays - 3." d. Mayor Bruton called for proponents. The following were heard: Mr. Clayton Parks, attorney for Arthur Rehnberg, spoke on behalf of the proposal. e. Mayor Bruton called for opponents. None were heard. - 1 - 9/12 f. Mayor Bruton closed the public hearing. g. Councilman Murdock introduced the following resolution and moved its adoption: (subject to conditions listed in Manager's report) 74 -9 -2036 RESOLVED, BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that public utility easements along the side and rear lot line of Lots 1, 2, and 3, Block 1, Edgerton Highland Addition, are hereby vacated, except for that easement along the North line of said lots. Seconded by Councilman Greavu. Ayes - all. 2. Street Improvement (Installation of Cul -De -Sac) - Clarence Street, South of County Road C a. Mayor Bruton convened the meeting for a public hearing regarding the proposed construction of a cul -de -sac on Clarence Street between County Road C and Gervais Avenue. The Clerk read the notice of hearing along with the dates of publication. b. Director of Public Works Collier presented the staff report and stated a cul -de- sac as proposed in the original feasibility study moved northerly for a cost savings is recommended. c. Mayor Bruton called for proponents. None were heard. d. Mayor Bruton called for opponents. The following were heard: Mr. Bob Rugloski, 2529 Clarence Street; Mr. Vern Kenyon, 2559 Clarence Street; Mrs. Shirley Jones, 2530 Clarence Street; Mr. Ken Tischler, 1366 E. County Road C; Mr. Chuck Wiger; Mr. Richard Munson, 2615 Clarence Street; Mrs. June Bosley, 2540 Clarence. e. Mayor Bruton closed the public hearing. f. Councilman Anderson moved to table the until September 19 .1974 meeting. Seconded by Councilman Wiegert. D. UNFINISHED BUSINESS Ayes - all. 1. Special Assessments - Changes and Corrections a. Improvement 73 -1 Water Improvement Street Cul -de -sac 1. John T. Oswald, 1694 Demont Avenue (Assessment No. 11) a. Director of Public Works Collier stated the lot fronts on Demont Street for a distance of 165 feet. The frontage is adequate for future - 2 - 9/12 division into two lots. The applicant requests deferrment of one service as the garage is in a location to preclude future division and also if Flandrau Street is extended it would not permit any lot division. If Flandrau Street were extended to Gervais Avenue, it wa uld run through the park. It is, therefore, doubtful that Flandrau would be extended. The garage could be moved sometime in the future, therefore allowing the proper- ty division. Deferrment is not recommended. b. Mr. Oswald spoke on behalf of his request. c. Councilman Wiegert moved to ject to standard deferment poli V4V Uj. Seconded by Councilman Murdock 2. Joseph Zappa, 2522 Flandrau Street Ayes - all. (Assessment No. 15) a. Director of Pulbic Works Collier stated the parcel asking for deferment of the water main along the South side of the property has 88 feet of front- age on Flandrau Street. If Demont Avenue is constructed through, it will access to the side of the subject property. It would probably entail the taking of the total property. As a result, the width would be inadequate for construction. It is, therefore, recommended that only the 88 feet of frontage on Flandrau Street plus 10 feet of side lot be assessed, with the remainder to be deferred. This would be then a total of 98 feet of assess- ment plus one (1) service. b. Mr. Joseph Zappa spoke on behalf of his request. c. Councilman Wiegert moved to defer 240.57 feet ($2,285.42), subject to standard deferment policy against the property described as 57 01010 080 01 Seconded by Councilman Anderson. Ayes - all. 3. Vernon Blanski, 1700 E. County Road C (Assessment No. 26) a. Director of Public Works Collier stated the applicant requests revision of assessments on two service connections based on the fact that his proper- ty is not large enough to be divided into three lots and that he has had City water supplied from County Road C. With optimum placing of houses and lot lines, it would be theoretically possible to obtain three lots from the parcel. In practical use, this might be diffucult. In the future, it would appear possible to combine land with the land - locked parcel lying immediately East of the Southern part of the subject lot to create adequate lots. It is, therefore, recommended that one service be deferred at this time. b. Councilman Wiegert moved to defer one service connection($335 00) subject to standard deferment policy, against property described as 57 01010 300 01 Seconded by Councilman Greavu. Ayes - all. 4. Harry Duddeck, 2545 Flandrau (Assessment No. 34 and 35) a. Director of Public Works Collier stated the applicants property is assessed in accordance with City policy. The applicant requests deferment due to hardship. - 3 - 9/12 b. Councilman Wiegert moved to table one week to determine if assessment is a hardship. Seconded by Councilman Murdock. Ayes - all. 5. Mrs. Rnute Bergstrom, 2525 Flandrau Street (Assessment No. 36 & 37) a. Director of Public Works Collier stated the applicant is assessed for frontage along Flandrau Street and Demont Avenue plus a total of six (6) services for future lot divisions. The applicant is requesting a revision for one of the services. Upon investigation it was found that one of the services was placed in an area which would make it difficult for future use. It is recommended that the one service be deferred until needed. b. Councilman Murdock moved to defer on es Seconded by Councilman Greavu. Ayes - all. 6. Basil Barber, 1601 Demont Avenue (Assessment No. 44) 7 U subiect to a. Director of Public Works Collier stated the lot is assessed in accordance with City policy for frontage along Demont Avenue and along Germain Street. The lot could not at present be sub - divided, however, by combining with the lot immediately East of it, could sometime in the future have lots fronting on Germain Street. No change in the proposed assessment is recommended. b. Councilman Murdock moved no change in the assessment against property described as 57 03800 210 01. Seconded by Councilman Wiegert. Ayes - all. Cecil C. Neal, 827 Carroll Avenue (Assessment #57) a. Director of Public Works Collier stated this property was assessed in accordance with City policy. The applicant is requesting deferred assess- ments due to hardship. b. Councilman Greavu moved .no change in assessment against property described as 57 03800 343 01. Seconded by Councilman Murdock. Ayes - all. Lottie Neal, 626 Concordia Avenue (Assessment No. 59) a. Director of Public Works Collier stated the property is assessed accord- ing to City policy. The applicant is requesting deferred assessments due to hardship. b. Councilman Murdock moved no change in assessments against property de- scribed as 57 03800 342 01. Seconded by Councilman Wiegert. Ayes - all. - 4 - 9/12 9. William J. Gardner, 2480 Hazelwood Street (Assessment No. 75) a. Director of Public Works Collier stated the property is assessed in accordance with City policy. The applicant is requesting a change in assessments due apparently to hardship. b. Councilman Wiegert moved to table one week to determine if assessment is hardship. Seconded by Councilman Greavu. Ayes - all, 10. Property 57 01010 170 36 (Kaeders)(Assessment No. 105) a. Director of Public Works Collier stated the applicants have requested deferment of assessment due to the fact that this is a land - locked parcel. As a building permit could not be issued to a land - locked parcel, therefore the water is presently not giving a benefit to the property and it is re- commended that the assessment be deferred. b. Councilman Murdock as 57 01010 170 36, su i to defer assessmi to st described Seconded by Councilman Greavu. Ayes - all. 11. Werner L. Peterson, 1720 Desoto Street (Assessment No. 176) a. Director of Public Works Collier stated the applicant has property at the Northeast corner of DeSoto Street and Larpenteur Avenue. The property is very low and would be difficult for construction. It is recommended that the assessment be adjusted to reflect 200 feet of assessment as in the case of the sanitary sewer. b. Councilman Wiegert moved to adjust the assessment to assess 200 feet of water main and one service against property described as 57 01710 030 7 Seconded by Councilman Greavu. Ayes - all. 12. Ron Lou, 2752 Gem Street (Assessment No. 216) a. Director of Public Works Collier stated the applicant has property fronting Gem Street with a side lot along unopened Vail Avenue. The proper- ty is assessed in accordance with City policy and no change is recommended. b. Mr. Leu spoke on behalf of his request. c. Councilman Murdock moved to table for further investigation. Seconded by Councilman Anderson. Ayes - all. 13. Robert Hajicek, 1700 E. County Road D (Assessment No. 238A and 245) a. Director of Public Works Collier stated the property was assessed in accordance with City policy. The applicant requests a review of the method of assessment and questioned the number of feet involved. This review in- dicated an additional 40 feet whould be assessed to the property. It is recommended that this adjustment be made and the assessment so levied. - 5 - 9/12 b. Mr. Hajicek spoke on behalf of his request. c. Councilman Murdock moved to adjust the assessment against Mr. Robert Hajicek by adding 40 feet of assessment and to assess as recommended Seconded by Councilman Anderson. Ayes - all. 14. George Supan, 3050 Hazelwood Street (Assessment No. 242 thru 253) a. Director of Public Works Collier stated a petition by the property owners along Hazelwood Avenue just South of County Road D was received. They requested that the assessments for their property not be approved as they have no need for water improvements at this time. The assess- ments were done in accordance with City policy and no changes are re- commended. b. Mr. George Supan spoke on behalf of the petitioners request. c. Councilman Murdock moved to assess as recommended. Seconded by Councilman Wiegert. Ayes - all. 15. Rose Westbrook, 1900 Furness Street (Assessment No. 315) a. Director of Public Works Collier stated the applicant has property at the Southeast corner of Holloway Avenue and Furness Street. They are requesting a revision of assessments to only pay for 75 feet of the Holloway frontage. Investigation of this parcel indicated that a cash connection charge in lieu of assessment has been placed against the frontage on Furness Street. Therefore, 140 feet should be deducted from the side lot on Holloway leaving 100.13 feet plus one service to be assess- ed. It is recommended that the assessment be made in this manner. b. Councilman Murdock moved to adjust assessment to assess 100.13 feet of water main plus one service connection against property described as 57 32800 160 04. Seconded by Councilman Anderson. Ayes - all. b. Improvement 72 -17 Lydia Avenue 1. Director of Public Works stated there have been several requests for assess- ment changes due to the high cost of the roadway. There apparently is no question regarding the assessment rate for water and sewer. The approximate rate per foot given at the time of the public hearing was $66.03 for street assessment. a. Mrs. Russell Dilts, 2300 Gall Avenue, stated she did not receive hearing notice plus she is objecting to the assessment. Hearing notice was sent to Northwestern State Bank of Wisconsin, holders of the contract for deed of the Dilts property. b. Mr. Robert Tilsen stated he had submitted a letter objecting to the street assessment. - 6 - 9/12 2. Councilman Anderson moved that the assessments of Improvement 72 -17 Seconded by Mayor Bruton. Ayes - all. 3. Reckow Property (Assessment No. 9) a. Director of Public Works Collier stated in addition to the discussion above, this property has asked for a revision of assessments due to past assessments on Bellaire Avenue. It is recommended that the sanitary sewer assessment be reduced by 140 feet due to the previous assessment on Bellaire. b. Councilman Wiegert against property descr sewer main. Seconded by Councilman Greavu. a. Water Improvement 73 -1 (continued) of the Ayes - all. 16. Douglas Chesnut and Pennie Jo_Palumbo (Assessment No. 76) 190 Hickory Street, Mahtomedi, Minnesota s a. Director of Public Works Collier stated the applicant was assessed for 164 feet along Germain Street, plus two (2) services. If Brooks Avenue is constructed in the future, it would narrow the applicant's lot and preclude a sub - division of property fronting Germain Street, Therefore it is recom- mended that one service be deferred. b. Councilman Anderson standard deferment noli one service Seconded by Councilman Murdock. Ayes - all. 17. Philip Oswald, 1379 E. County Road C (Assessment No. 84) to a. Director of Public Works Collier stated the applicant has a large parcel of property at the Southwest corner of Hazelwood and County Road C. The property is now mainly used for farming. The request is for deferment until such time as the property is developed. It appears the basis of the request is that it is a hardship upon the applicant. b. Councilman Murdock moved no change in assessment against property de- scribed as 57 01010 020 26. Seconded by Councilman Greavu. Ayes - all. 18. George F. Rossbach, 1406 E. County Road C (Assessment No. 93) a. Director of Public Works Collier stated the applicant has a parcel of property along County Road C between Clarence Street and the Railroad tracks. The parcel is low, however, a service is located on the applicant's property. The sanitary sewer was deferred as there was no way to service the house due to elevation difficulties. The house and lot can be serviced by the water main and therefore no change in the assessment is recommended. - 7 - 9/12 b. Councilman Wiegert moved no change in the assessment against property described as 57 01010 020 36. Seconded by Councilman Anderson. Ayes - all. 19. Eugene G. Lund, 2411 Maplewood Drive (Assessment No. 134) a. Director of Public Works Collier stated the applicant has property at the Northwest corner of Highway 61 and Gervais Avenue. He is re- questing reduction in footage due to the shape of his lot. The footage has been figured in accordance with the odd lot formula. It is recom- mended that no change be made. b. Councilman Wiegert moved no change in the assessment against property described as 57 34700 040 01. Seconded by Councilman Murdock. Ayes - all. 20. Valentine Knabe, 1760 DeSoto Street (Assessment No. 170) a. Director of Public Works Collier stated the applicant has property at 1760 DeSoto Street and is requesting deferred assessment due to a drop from the street. The property was deferred on sanitary sewer due to the location of the buildings being below the sanitary sewer line. The water main is able to service the property, however. It is recom- mended that no change be made in the proposed assessment. b. Councilman Greavu moved no change to the assessments against property described as 57 41500 200 05 and 57 41500 210 05. Seconded by Councilman Murdock. Ayes - all. 21. Donna Pinotti, 1686 Arkwright Street (Assessment No. 180) a. Director of Public Works Collier state the applicant has property at the northeast corner of Larpenteur Avenue and Arkwright Street. It was necessary to purchase an easement from this property to allow water main installation adjacent to Larpenteur Avenue boulevard. The assess- ment is in accordance with City policy and no revision is recommended. b. Councilman Greavu moved no change in assessments against described as 57 50900 040 01. Seconded by Councilman Anderson, Ayes - all. 22. Charlotte Gouthier, (57 02410 010 25) (Assessment No. 207) a. Director of Public Works Collier stated the applicant has property at the Southwest corner of Larpenteur Avenue and Sterling Street. That area in the vicinity of Larpenteur Avenue and Sterling is good buildable ground while that further South along Sterling Street is low. It would be necessary to fill that area prior to construction. The entire length of Sterling Street has been proposed for assessment as water was avail- able to a portion of it. However, Sterling Street and the water main - 8 - 9/12 does not extend to the Southern boundary. It is therefore recommended that 350 feet of assessment be deferred at this time. b. Councilman Greavu property described as policy. er 350 feet of 25 subiect to Seconded by Councilman Wiegert. Ayes - all. s 23. Victor Stone, 2727 Hazelwood Street (Assessment No. 267) t a. Director of Public Works Collier stated the applicant is the owner of property at 2727 Hazelwood Avenue. The request is for a change or deletion of one service. The property is 200 feet wide and would allow future sub - division. No change is recommended. b. Councilman Greavu moved no change in the assessments against proper- ty described as 57 29600 040 00. Seconded by Councilman Murdock. Ayes - all. 24. Willa Stack, 2707 Hazelwood Street (Assessment No, 268) a. Director of Public Works Collier stated the property is located at 2707 Hazelwood Avenue. The property is assessed in accordance with City policy. The applicant is apparently requesting consideration for hardship. b. Councilman Wiegert moved to table for one week to investigate the request due to hardship. Seconded by Councilman Greavu. Ayes - all 25. Mary J. Sturzeneggar, 1585 E. County Road C (Assessment No. 272) a. Director of Public Works Collier stated the property is assessed in accordance with City policy and no change is recommended. b. Councilman Greavu moved no change in the assessments against propert described as 57 00310 060 77. Seconded by Councilman Wiegert. Ayes - all. 26. Walter Corby, 1437 Sheldon, St. Paul, Minnesota (Assessment No. 306) a. Director of Public Works Collier stated the applicant has property at the Northwest Corner of County Road C and Highway 61. He requests a cancellation of assessments due to the fact that the property is low, not buildable due to access, and due to a high water table. In reviewing the property, it is found that portions of this is correct, however, building with some fill could take place along the westerly area. It is therefore recommended that assessments be placed against that portion which has access which is a distance of 205 feet. b. Councilman Murdock moved to defer 475 feet of the asses property described as 57 00410 010 28 subject to the stands .. - 9 - 9/12 Seconded by Councilman Greavu. Ayes - all. 27, Saint Paula Priory, 2675 E. Larpenteur Avenue (Assessment No. 307) a. Director of Public Works Collier stated this is the property along the North side of Larpenteur Avenue between Century Avenue and Sterling Street. There are two separate requests made. One is for relief from assessments along the easterly 950 feet of the property. As the water main does not extend past that point, it is recommended that this re- quest be allowed. The other request is for deferred assessment for that property presently used by Hill- Murray High School or at least a portion that is being used by athletic fields. The site is presently served by a private water supply. The assessment to this property is in accordance with City policy and no changes are recommended, b, Councilman Wiegert moved to defer 950 feet of the assessment property described as 57 01310 020 77, subject to the standard d Seconded by Councilman Greavu, Ayes - all. 28. Lloyd Soderburg, 1800 Radatz Road (Assessment No, 312) a. Director of Public Works Collier stated the applicant has property at the Southeast corner of Radatz Avenue and Southlawn Drive. He re- quests a change in the water main assessment from $6,180.00 to $6,080.00. There was a mathematical error on the notice that was sent out and it is recommended that the assessment be levied at $6,080.00. The applicant is also requesting deferment of the seven (7) services along Southlawn Drive. As Southlawn Drive is not open at this time, the property can- not be issued building permits for each of the services. It is recom- mended that six (6) of the seven (7) services be deferred and the only one levied, the one closest to Radatz Avenue. b. Councilman Murdock moved to defer 6 services, subject to the standard Seconded by Councilman Greavu. Ayes - all. 29. Cyril Pesek (Assessment No. 329) a. Director of Public Works Collier stated this is a parcel of property lying west of Sterling Street at Brookview Drive. The total frontage was proposed for assessment and a revision has been requested to only assess that portion in which the main was actually installed. Invest- igating the usage of the parcel of land and the fact that Sterling Street is not open to the South of Brookview, it is recommended that the assess- ment be so adjusted. It is recommended that the assessment be made to the South line of Brookview Drive which would be a distance of 300 feet. b. Councilman Greavu moved to revise the assessment against property described as 57 0010 150 27 and to assess 300 feet of water main. Seconded by Councilman Murdock. Ayes - all. - 10 - 9/12 C. Improvements 71 -12 and 72 -23 Londin Lane 1. Arnold E. Johnson, 2299 Londin Lane (Assessment No. 3) a. Director of Public Works Collier stated the applicant has a large parcel of property located between Lower Afton Road and Londin Lane, easterly of McKnight Road. He is requesting relief from assessments until development occurs. The assessments have been made in accordance with the City policy and no change is recommended. b. Councilman Wiegert moved no change in the assessments against property described as 57 01200 040 20. Seconded by Councilman Anderson. Ayes - all. 2. R & W Realty, Inc. (Assessment No. 8) a. Director of Public Works Collier stated the applicant has a large parcel of property lying South of Londin Lane in the vicinity of Lower Afton Road. He raises several questions in his request. The water and sewer services were placed using the best judgment as to the eventual development of the property. It was felt that utility services should be placed at this time to preclude tearing up the new roadway for future installations. The cost of a 12" service connection is questioned and upon review it is recommended to be deleted as it is a connection for future water main extension and not a service. The question of Wyes at $29.44 each and no credit for the re- placed pipe has been made. The wyes are assessed at actual cost which is in addition to the pipe being replaced. The other question is on the length of assessment along Londin Lane. The applicant is correct in the 800' in an east -west direction along Londin Lane. However, the 35' of assessment is based on the portion of Londin Lane which angled to the North. The question at hand is whether that would be a side lot condition or not. If it were a side lot it should only be assessed for 20% of the 35' or seven feet. As it appears to be actually a continuation of Londin Lane itself, it is recom- mended that the assessment footage not be changed. b. Councilman Wiegert moved no change in the assessment against property described as 57 01200 020 02. Seconded by Councilman Murdock. Ayes - all. d. Improvement 71 -20 Ripley Avenue 1. Robert Larson, 1998 Ripley Street (Assessment No. 14) a. Director of Public Works Collier stated the applicant has property at the Southwest corner of Ripley Avenue and Ruth Street. He is asking for relief from the normal side lot assessment. The proposed assessment con- forms with City policy and it is recommended that no change be made. If changes are made, then it would appear necessary to revise many other assess- ments in view of a policy change. b. Councilman Greavu moved no change in the assessments against the property described as 57 7000 140 01. Seconded by Councilman Wiegert. Ayes - all, - 11 - 9/12 2. Zayres Shoppers City, 1740 VanDyke (Assessment No. 22) a. Director of Public Works Collier stated the applicant has the Shoppers City property in the vicinity of North St. Paul Road and Ripley Street. The request is for the assessment to be deferred as it is presently of no benefit to the property as access points are not allowed. The question of benefits received by the improvement would enter into this case. It is recommended that the assessment not be changed as the property is benefited by a more aesthetic roadway and by construction of curb and gutter to fur- ther control water flowing onto the property. b. Councilman Anderson moved no change in the assessments against the pronertv described as 57 01410 110 50. Seconded by Councilman Wiegert. Ayes - all. E. COUNCIL PRESENTATIONS 1. Mayor Bruton proposed a resolution regarding the United Nations. Mayor Bruton introduced the following resolution and moved its adoption: 74 - 9 - 203$ WHEREAS, the United Nations is the only existing machinery able to quickly focus the attention of 135 sovereign nations on crisis intervention, peace keeping and, more important, peace prevention; and WHEREAS, the United Nations will convene three planning conferences during 1974 on the subjects of food, population and maritime resources; and WHEREAS, broad public appreciation is needed about the work and success of the United Nations and for effective U.S, participation in these conferences; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that October 24 is declared as U. N. Day in Maplewood and that appropriate support and publicity be given to this event. Seconded by Councilman Wiegert. Ayes - all. 2. Mayor Bruton stated he had received a letter from Delores Knaak which deals with levying of one mill for senior citizens. He read the letter. Councilman Wiegert moved that correspondence to be sent to Delores Knaak submitting the idea that perhaps action be deferred on the one mill increase which supports Senior Citizens Programs to enable the studying the possiblilities of providing some relief to communities. Seconded by Councilman Creavu. Ayes - all. 3. Mayor Bruton read a resolution passed by the Ramsey County Commissioners regarding the Water Shed District. 4. Mayor Bruton stated he received a letter from the St. Paul Planning Department re- garding Beaver Lake Park. - 12 - 1 9/12 5. Mayor Bruton received a letter from Marge Walz resigning from the Parks and Recreation Commission. Mayor Bruton moved to accept Marge Walz resignation from the Parks and Recreation Commission with thanks. Seconded by Councilman Wiegert. Ayes - all. 6. Mayor Bruton discussed the letter received from Mrs. Rangitsch on Jackson Street re- garding her sewer problems. Manager Miller reviewed the problem. 7. Mayor Bruton wished to remind everyone that Saturday and Sunday were big days; there is the baseball game at 10:30 A.M., parade at 1:00 P.M., and the pageant at 8:00 P.M., all on Saturday. On Sunday at 1:00 P.M. will be the dedication of the new Hazelwood Fire Station. 8. Councilman Murdock requested staff to investigate the Hobbs House on Skillman Avenue. 9. Councilman Wiegert wished to remind everyone of the Ramsey County League meeting on the 18th of September, 1974. F. ADMINISTRATIVE PRESENTATIONS 1. Manager Miller stated Council had requested a legal opinion relative to Russ Pirrung's severance pay. Don Lais has completed this. Attorney Don Lais reviewed his opinion with the Council. Mayor Bruton can L a response back to the Business Aaent r Seconded by Councilman Anderson. Ayes - Mayor Bruton, Councilmen Anderson, Murdock and Wiegert. Nays - Councilman Greavu. 2. Manager Miller stated Bob Reed has contacted Merit Chevrolet in reference to the cars on Brookview Drive and they stated they were aware of the conditions prohibiting testing of cars, but were unaware of any violations and will put out the word to the employees. 3. Manager Miller stated the foundation at Beebe Labs has been filled in. 4. Manager Miller stated the question arose regarding the fact if the police reserves had retirement or not. They don't have now, but have a proposal coming forthwith. 5. Manager Miller stated they have specifications for the removal of diseased shade trees and would like to call for bids. Mayor Bruton introduced the following resolution and moved its adoption: 74 -9 -204 WHEREAS, pursuant to resolution passed by the City Council on September 12, 1974, for the removal of diseased shade trees, and necessary restoration on public land and - 13 - 9/12 and private properties, Maplewood Project No. 74 -6, have been prepared by or under the direction of the City Engineer, and he has presented such to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans, a copy of which is attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans. The advertisement shall be published three times, at least three weeks before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% or the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council meeting of October 17, 1974. 4. The advertisement for bids shall be in substantially the following form: ADVERTISEMENT FOR BIDS The City Council of Maplewood, Minnesota, will receive sealed bids for the re- moval of diseased shade trees, and necessary restoration on public land and private properties within the City limits on the basis of cash payment for the work. Bids will be received until 9:30 A.M., C.D.S.T., on the 10th day of October, 1974, at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place all bids will be publicly opened, read aloud and considered. Proposals must be placed in a sealed envelope with the statement thereon indicat- ing proposal for bid contained within and addressed to the City of Maplewood, Minnesota. Proposals shall be submitted to the City Clerk on or before the above stated time. Proposal is for the furnishing of all labor, equipment and materials and performing all work in connection with the above. Proposal forms, including specifications, are on file in the office of the City Engineer, 1380 Frost Avenue. Copies of the documents may be obtained by depositing Five Dollars ($5.00) with the Engineer. The amount of deposit for one set of documents will be refunded to each actual bidder who returns the documents in good condition within ten (10) days after the opening of bids. All bids must be accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, in an amount equal to five percent (5%) of the total bid, conditioned that if the bidder is the successful bidder he will enter into a contract in accordance with said bid and will furnish such payment and performance bonds as are specified. No bidder may withdraw his bid for at least thirty (30) days - 14 - 9/12 after the scheduled closing time for the receipt of bids, without the consent of the owner. The owner reserves the right to accept or reject any or all bids and to waive any informalities in bidding. Mrs. Lucille E. Aurelius, City Clerk City of Maplewood Seconded by Councilman Wiegert. Ayes all, 6. Manager Miller stated there was a mix up on the date set for the public hearing on H.R.A. He recommended the new date of October 3, 1974. Councilman Wie-ert ir-roduced the following resolution and moved its adoption: 74 9 205 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood, a public hearing will be held on the 3rd day of October, 1974, starting at 7:30 P.M. in the City Hall, 1380 Frost Avenue, to consider the adoption of a Maplewood Housing and Redevelopment Authority. Such persons as desire to be heard in reference to this matter will be heard at the times and place indicated. Seconded by Councilman Murdock. Ayes all. ADJOURI*IENT 12:41 A.M. - 15 9/12