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HomeMy WebLinkAbout08-10-78 SM(A) (B) (C) (D) (E) (H) A C'E, 10 A Maplewood Ci•.y Coi.j.nci]. 7:30 P.M.", Thu-rsday, August 1.0, 1978 Municipal Admi.nista,ation Building Meeting 78-1.9 CALL TO ORDER ROLL CALL APPROVAL OF A( .'NDA PUBLIC HEARINGS 1. Shade. Tree D.1..qeasr-! Control Program Assessments (7:30) 2. Easement V�ication 2142 Atlantic Street (7:45) 1. Street DnDr.ovement- 1-1a.ple Greens Area Feasibility Study COUNCIL PRE SEN'TA'-T:'-FO!qS ADMINITSTRATIVE PRESE'NITATIONS ADJOURNMENT .. ...... MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thrusday, August 10, 1978 Council Chambers, Municipal Building Meeting No. 78 -19 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 Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Roger F. Fontaine, Councilman Present Earl L. Nelson, Councilman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Water Assessments 2. Korstad Re- evaluation 3. Managers Search 4. Salaries 5. Lakewood and Holloway 6. Harvester and Sterling 7. Negotiations Seconded by Councilman Wiegert. Ayes - all. D. PUBLIC HEARINGS 1. Shade Tree Disease Control Program Assessments a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the assessment roll for Shade Tree Disease Control Program Project No. 77 -6. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Blank presented the staff report and recommended adoption of the assessment roll as submitted. c. Mayor Greavu explained the procedures for the assessment hearing. Forms are available for anyone wishing to appeal the assessment. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: 1. Mr. John Daubney, representing Jacob Jordan, 2472 Upper Afton Road (Parcel No. 233) 2. Mrs. Pauline Manhood, 1869 Arcade Street (Parcel No. 804) - 1 - 8/10 3. Mr. Thomas George, 1697 Payne Avenue (Parcel No. 574) 4. Mr. Ray Nowicki, 20 Dewey Street (Parcel No. 96) 5. Mr. Arnold Sandberg, 796 No. McKnight Road (Parcel No. 128) 6. Mrs. Kathleen Perron, 1971 Gervais Avenue (Parcel No. 26) 7. Mr. Henry Heck, 1657 Sterling Avenue (Parcel No. 645) 8. Mr. Peter Morris, 2100 Arcade Street (Parcel No. 352) 9. Rev. Lloyd Reasby, 2588 Hazelwood Street (Parcel No. 741) 10. Mr. Jack Adamson, 2438 Arcade Street (Parcel No. 98) 11. Blazer Investment Co. (Merit Chevrolet) Parcel No. 270) e. Mayor Greavu closed the public hearing. f. Councilman Wiegert introduced the following resolution and moved its adoption: 78 -8 -161 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for removal of diseased trees as described in the files of the City Clerk as Shade Tree Control Program Improvement No. 77 -6 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein in- cluded is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or after the first Monday in January, 1979 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1978. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improve- - 2 - 8/10 ments are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 429.101 and 18.023 Subdivision 6 to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assess- ment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Anderson. Ayes - all. g. All requests for assessment adjustments will be reviewed and reported to Council. Applicants will be notified. All assessments not paid by the 11th of September will be levied on the tax roll with 7% interest. 2. Easement Vacation - 2142 Atlantic Street - 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposal to vacate the east 32 feet of the 5 foot utility easement on Lot 3, Block 3, Hills and Dales Addition. The Clerk read the notice of hearing along with the dates of publication. b. Acting Manager Eric Blank presented the staff report recommending approval of the proposed vacation, subject to approval by the utility companies. c. Mr. John Mallen, the applicant, 2142 Atlantic Street, spoke on behalf of his request. d. Chairman Les Axdahl presented the following Planning Commission recommendtion: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the proposed easement vacation subject to written approval by all utility companies affected by this action which would include Northern States Power Company, Northwestern Bell Telephone Company and Williams Pipeline. Commissioner Barrett seconded. Ayes all." e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Fontaine introduced the following resolution and moved its adoption: 78 -8 -162 BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, the Maplewood City Council, after a public hearing preceded by two (2) weeks published and posted notice, proposes the vacation of the following described utility easement, to wit: - 3 - 8/10 The East 32 feet of the 5 foot wide utility easement over, under, across and through Lot 3, Block 3, Hills and Dales Addition, according to the plat thereof and of record in the office of the Ramsey County Recorder (being also known and numbered as 2142 Atlantic Street, Maplewood, Minnesota); and WHEREAS, the Maplewood City Council finds that the vacation of said described utility easement is in the interest of the public; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the above- described portion of the utility easement be, and hereby is, vacated and that the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall thereafter be filed with the Ramsey County Recorder. Seconded by Councilman Wiegert. Ayes - all. E. UNFINISHED BUSINESS 1. Street Improvement - Maple Greens Feasibility Study a. Director of Public Works Bittner presented the feasibility study. b. Several residents expressed their opposition to the construction of Sterling to Stillwater Road. C. Council requested staff to "stake out" the proposed Sterling Avenue so Council can see where the street would be. d. Councilman Wiegert moved Alternate 1 and introduced the following resolution and moved its adoption: 78 -8 -163 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Maryland Avenue, from Century Avenue to Lakewood Drive; Ivy Avenue from Ferndale Street to Century Avenue; Ferndale Street from Maryland Avenue to Ivy Avenue; and Sterling Street from Still- water Road to Maryland Avenue by the construction of sanitary sewer, storm sewer, watermain, curb and gutter, streets and necessary appurtenances; and WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City engineer advising this Council that the proposed improvement on Maryland Avenue from Century Avenue to Lakewood Drive; Ivy Avenue from Ferndale Street to Century Avenue; Ferndale Street from Maryland Avenue to Ivy Avenue; and Sterling Street from Stillwater Road to Maryland Avenue by construction of sanitary sewer, storm sewer, watermain, curb and gutter, streets and necessary appurtenances is feasible and should best be made as proposed, is hereby received. - 4 - 8/10 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 $1,500,000.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday the 14th day of September, 1978, at 7:30 P.M. to consider said improvement. NOTICE OF HEARING OF IMPROVEMENT TO WHOM IT MAY CONCERN: WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described, be made. NOW, THEREFORE, notice is hereby given that the City Council will hold a public hearing for said improvement at the following time and place within the said City; Date and Time: Thursday, September 14, 1978 at 7:30 P.M. Location: Council Chambers of the City Hall, 1380 Frost Avenue The general nature of the improvement is the construction of sanitary sewer, storm sewer, watermain, curb and gutter, and streets in Maryland Avenue from Century Avenue to Lakewood Drive; Ivy Avenue from Ferndale Street to Century Avenue; Ferndale Street from Maryland Avenue to Ivy Avenue; and Sterling Street from Stillwater Road to Maryland Avenue. The total estimated cost of said improvement is $1,500,000.00. 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. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 10th day of August, 1978. BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk City of Maplewood Seconded by Councilman Fontaine. Ayes - all. F. COUNCIL PRESENTATIONS 1. Water.Assessment a. Councilman Anderson questioned if there were any alternatives in assessing odd lots and large lots for the Water System Area Improvement 75 -16. - 5 - 8/10 b. Staff stated they are looking into several alternatives and will report to the Council at the Monday "work shop" session. 2. Korstad Re- Evaluation a. Councilman Wiegert commented on a request from William Korstad regarding re- evaluation of his property on County Road D. b. Staff will investigate. c. Council asked staff to contact the County to see if there are other requests such as this one. 3. Managers Search a. Councilman Wiegert presented a report comparing the alternatives for hiring a manager. He requested the item be placed on the next agenda. He also stated he had talked to Mr. Phil Cohen, Mayor of Brooklyn Center, who advises hiring a consultant. 4. Salaries a. Councilman Wiegert moved to approve 7% increase for 1978 for the (Manager, Department heads, Deputy Police Chief, Lts.) retroactive to Seconded by Councilman Anderson. Motion carried. 5. Sewer Connection - Minnehaha Ayes - Councilmen Anderson, Nelson and Wiegert. Nays - Mayor Greavu and Councilman Fontaine. a. Mayor Greavu stated that a person building a new home on Minnehaha Avenue was told he had a sewer stub in but it could not be found and he had to pay for tunnel- ing under the street. b. Staff will investigate when more information is received. 6. Lakewood Drive and Holloway Avenue a. Mayor Greavu stated there is a resident at Lakewood Drive and Holloway Avenue whose neighbors diverts his water from a downspout onto the residents property. b. City Attorney stated this is a civil matter and they should see their own attorney. 7. Harvester and Sterling Avenues a. Mayor Greavu moved to instruct staff to send a crew to correct the drainer, problem at Harvester and Sterling Avenues. (Work catch basins up and realign the pipe.) Seconded by Councilman Anderson. Ayes - all. 8. Negotiations a. Mayor Greavu questioned what is holding up negotiations with Public Works. - 6 - 8/10 f b. Staff stated the Public Works People have rejected the City's last offer. G. ADMINISTRATIVE PRESENTATIONS 1. Assessment Hearing Location a. Acting Manager Blank stated the location for the assessment hearings has been changed to Gladstone School. All legal requirements have been met. H. ADJOURNMENT 10:10 P.M. C ty Clerk - 7 - 8/10 r ,