HomeMy WebLinkAbout05.07.81MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, May 7, 1981
Council Chambers, Municipal Building
Meeting No. 81 -9
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building and was called to order at 7:00 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances L. Juker, Gouncilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 81 -5 (March 5)
Councilman Anderson moved that the minutes of
approved as submitted.
Seconded by Councilman Bastian. Ayes — all.
2. Minutes of Meeting No. 81 -6 (March 19)
Councilman Anderson moved that the Minutes of Me
be approved as submitted.
Seconded by Councilman Nelson. Ayes — all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Dog Ordinance
2. Easement on Four Seasons Park
3. Double and Quad Design
4. Cable T.V.
5. Commission Liaison
6. Sterling — Larpenteur— Howard
7. Metro Waste Control Commission
8. Battle Creek
9. Cope Avenue
10. Montgomery Ward
11. Carsgrove's Meadows — Feasibility
12. Linwood Avenue — Feasibility
CONSENT AGENDA
Council removed Item E -2 to become Item J -5.
No. 81 -5 (March 5, 1981) be
No. 81 -6 (March 19, 1981
Councilman Anderson moved, seconded by Councilman Bastian, Ayes — all, to approve
the Consent Agenda, Items 1, 3 through 5 as recommended:
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1. Accounts Payable
Approved the accounts (Part I -- Fees, Services, Expenses, Check No. 005682 through
Check No. 005762 — $252,612.27; Check No. 009815 through Check No. 009984 — $147,272.33;
Part II — Payroll, Check No. 01373 through Check No. 01497 — $51,540.32)in the amount
of $451,424.92.
3. Safe Deposit Box Resolution
Resolution No. 81 -5 -87
RESOLVED, that, until written notice to the contrary is given by this corporation
to the Safe Deposit Department of the Maplewood State Bank access to Safe Deposit
Boxes (herein called safes) standing in the name of this corporation in the vaults
of the above named bank shall be had by the following:.
Daniel F. Faust, Finance Director
Arline Hagen, City Treasurer
Any one of them shall have full authority to enter said safes and to make deposits
therein or remove any part or all of the contents thereof, to rent safes and to execute
leases thereof in the name of this corporation, to amend or cancel said leases, to
exchange or surrender the safes, and in all other respects to represent this corporation.
4. 1980 Annual Financial Report and Audit
Copies of the 1980 Annual Financial Report and Audit were distributed. A meeting
with the supervisor of the City's Audit, Bob Voto, and Council will be May 18, 1981
at 5:00 P.M.
5. Budget Transfer: Legal Costs
Authorized a $10,000 transfer from the contingency account .701 -212 -4910 to the operating
budget account 701 -211 -4480 to finance the legal costs for the City to challenge the
proposed Metro Waste Control Commission sewer rate charges for storm water run off.
F. PUBLIC HEARINGS
1. Bike Lanes: Prosperity and County Road B — 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the construction
of bike lanes on Prosperity Road and County Road B. The Clerk stated the hearing
notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Mayor Greavu called for proponents. The following were heard:
Mr. Frank McGinley, 2044 Prosperity Road
d. Mayor Greavu called for opponents. The following persons expressed their
opinions:
Mr. James Weist, Employed by Group Health
e. Mayor Greavu closed the public hearing.
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2
f. Councilman Anderson introduced the following resolution and moved its adoption:
WHEREAS, after due notice of public hearing on the construction of bicycle
lanes and necessary appurtenances on County Road B - Prosperity Road, Bicycle
Lanes (Improvement Project 81 -10) a hearing on said improvement in accordance
with the notice duly given was duly held on May 7, 1981, and the Council has heard
all persons desiring tobe heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF.MAPLEWOOD, MINNESOTA,
AS FOLLOWS:
1. That it is advisable, expedient and necessary, that the City of Maplewood
approve the construction, by Ramsey County of bicycle lanes and necessary
appurtenances on County Road B - Prosperity Road, Bicycle Lanes (Improvement
Project 81 -10) as described in the notice of hearing thereon, and orders the
same to be made.
2. The City Engineer is hereby directed to afford . cooperation to Ramsey County
for the making of said improvement.
3. This improvement is hereby designated to be Maplewood Project No. 81 -10.
Seconded by Councilman Nelson. Ayes - all. -
Preliminary Plat and Street Vacation: Bollman - 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request.
of Castle Design and Development Co. for approval of a proposed preliminary plat
and to vacate Sandhurst Avenue from VanDyke Street to Hazel Street. The Clerk
stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Fischer moved that the Planning Commission recommend that the City
Council approve vacation of Sandhurst Avenue from Hazel Street to a point 175
feet west, on the basis that:
1. It would be cost - prohibitive to develop this portion of the right -of -way.
2. It serves no public purpose and is in the public interest to vacate.
Commissioner Kishel seconded.
Ayes all.
Commissioner Fischer moved that the Planning Commission recommend that the City
Council indefinitely table consideration of the vacation of Sandhurst Avenue from
VanDyke Street to apoint 420 feet to the east until it is determined that the
subject right -of -way is not needed for the development of inner block property.
Commissioner Kishel seconded. Ayes - all.
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5/7
Commissioner Fischer moted that the Planning Commission recommend to the Board
of Adjustments and Appeals approval of variances to allow 73 feet of frontage
for lots 1 and 2 and 74 feet of frontage for lot 3, on the basis that:
1. Approval would assure property separation between structures and, therefore,
be in keeping with the intent of the Code.
2. Strict enforcement of the Code would require moving of the existing structures,
which would constitute an unnecessary hardship.
Commissioner Kishel seconded. Ayes all.
Commissioner Fischer moved that the Planning Commission recommend that the City
Council approve the requested preliminary plat subject to:
1. Payment of sewer cash connection charges for lots 1 and 2
2. Evidence of an adequate well water supply.
3. City Engineer approval of the final grading and drainage plan.
Commissioner Kishel seconded. Ayes all."
d. Mr. Ken Gervais, Castle Design and Development.Co., spoke on behalf of the
proposal.
e. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following persons expressed their concerns and opinions:
Mrs. Kathy Ward, 1861 E. County Road B
Mr. Ron Launderville, 2194 Van Dyke Street
Mr. Jim O'Keefe, 2201 Hazel Street
Mr. Ken Brown, 2182 Van Dyke Street
Mr. Don Chlebeck, 1863 E. County Road B
Mr.. James O'Keefe, 2201 Hazel Street
Mrs. Connie Launderville, 2194 Van Dyke Street
f. Mayor Greavu moved to vacate all of Sandhurst Drive at this time and that
consideration will be given to Mr. James O'Keefe when and if he wishes to develop
his property.
Seconded by Councilman Anderson.
Councilman Bastian moved to amend the motion to approve the vacation of Sandhurst
Drive from Hazel Street to a point 175 feet west subject to the conditions presente
in the staff report.
Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen
Bastian and Nelson.
Nays - Mayor Greavu, Councilman Anderson.
Voting on the original motion: Ayes - Councilperson Juker, Councilmen Bastian
and Nelson.
Nays - Mayor Greavu and Councilman Anderson.
g. Councilman Bastian introduced the following resolution and moved its adoption:
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81— 5 -89
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851,
thereof, the Maplewood City Council, upon petition of a majority of the owners
of the land abutting the street proposed to be vacated, and after a public hearing
preceeded by two (2) weeks published and posted notice, proposes the vacation
of the following described Sandhurst Avenue, west of Hazel Street and east of
the northern extension of the east line of the west 120 feet of the east 295 feet
of lots 1 and 2, block 30, Smith and Taylor's Addition, Section 2, Township 29,
Range 22
WHEREAS, the following property is affected by the street vacation:
1. Except the west 160 feet, lot 2, block 19, Smith and Taylors Addition
2. The East 175 of lot 1, block 30, Smith and Taylors Addition.
WHEREAS, the Maplewood City Council finds that the vacation of the above
described street in the interest of the public due to changing land uses and obsolete
platting;
NOW, THEREFORE, BE IT RESOLVED by the City Council, Ramsey County, Minnesota,
that the above described street be and hereby is vacated and 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 be thereafter filed with the Ramsey County Recorder, based
on the following reasons:
1. It would be cost — prohibitive to develop this portion of the right of way;
2. It serves no public purpose and is in the public interest to vacate.
Seconded by Councilman Nelson. Ayes— Councilperson Juker, Councilmen
Bastian and Nelson.
Nays — Mayor Greavu and Councilman Anderson.
h. Councilman Bastian moved to approve the Bollman Addition preliminary plat
subject to the following conditions:
1. Payment of sewer cash connection charge for lots 1 and 2;
2. Evidence of an adequate well water supply;
3.. City Engineer approval of the final grading and drainage plans.
Seconded by Mayor Greavu.
Ayes — all.
Mayor Greavu recessed the meeting to convene as the Maplewood Board of Appeals and
Adjustments.
Mayor Greavu reconvened the meeting at 8:25 P.M.
4. Preliminary Plat — Chesterwood 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Garet M. Bros for approval of the preliminary plat of Chesterwood Addition.
The Clerk noted the dates of publication and stated the hearing notice was in
order.
b. Manager Evans presented the staff report.
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C. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Pellish. moved that the Planning Commission recommend approval of
the preliminary plat, subject to the following conditions:
1. Dedication of an additional three feet of right of way for McKnight Road;
2. Driveways shall be limited to the Cul -de -sac;
3. Submission of a developers agreement before final plat approval;
4. Change the street name to a name mutually agreeable to the developer, public
safety and staff;
5. The driveway on lot 5 shall be constructed to channel run off from the drive
to the cul -de -sac.
Commissioner Whitcomb seconded. Ayes - all."
d. Mr. Garet Bros, the developer, spoke on behalf of the request.
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 Anderson moved to approve the preliminary plat of Chesterwood Addition
subject to the following conditions:
1. Dedication of additonal three feet of right of way for McKnight Road;
2. Driveways shall be limited to the cul -de -sac;
3. Submission of a developers agreement before final plat approval;
4. Change the street name to Timber Trail;
5. The driveway on Lot 5 shall be constructed to channel run off from the drive
to the cul -de -sac.
Seconded by Councilperson Juker. Ayes - all.
5. Rezone: Woodlyn Avenue and McKnight Road - 7 :45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Mack Nettleton to rezone a 7.67 parcel of land on the north side of Woodlyn
Avenue, west of McKnight Road from F, Farm Residence, to R -3, Multiple Dwelling.
The Clerk stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Ellefson moved that the Planning Commission recommend to the City
Council approval of the requested zone change from F (Farm Residence) to R-3 (Mul-
tiple) based on the finding that the proposed zoning is consistent with the Land
Use Plan.
Commissioner Kishel seconded. Ayes - all."
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d. Mr. Mack Nettleton, the developer, spoke on behalf of his request.
e.. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following area residents expressed
their concerns:
Gene Adams, 2226 E. County Road D
Joe Peterson, 2223 Lydia Avenue
William Stafki, 2234 E. County Road D
g. Mayor Greavu closed the public hearing.
h. Councilman Bastian moved to table the rezone request of Mr. Mack Nettleton
until such time as the Land Use Plan is presented to the Council and that the
Council will then have an oDDortunity to discuss the changes in the Dro -Dosed area
along with the
and McKnight.
area
Seconded by Councilperson Joker. Ayes - all.
6. Revenue Note: Atlantic Street and Highway 36 - Racquet Club - 8:00 P.M.
a. Mayor Greavu convened the meeting for a public .hearing regarding the request
of the Maplewood Racquet Club, Inc. for approval of Industrial Revenue Notes in
the amount of $1,200,000 to construct a racquet ball club at Atlantic Street and
Highway 36. The Clerk stated the hearing notice was in order and noted the dates
of publication.
b. Manager Evans presented the staff report.
C. Mr. Mark Haggerty, attorney representing the Maplewood Racquet Ball Club,
requested the hearing be tabled until the meeting of June 4, 1981.
d. Councilman Bastian moved to table the
until the meeting of June 4. 1981.
Seconded by Mayor Greavu.
hearing for the Revenue Note
Ayes - all.
Mayor Greavu recessed the meeting at 9:15 P.M. to reconvene as the Board of Adjustments
and Appeals.
Mayor Greavu reconvened the meeting at 9 :57 P.M.
7. Rezone - Lot Division: 750 E. Viking Drive - 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Arnold Triemert to rezone the property at 750 E. Viking Drive from F (Farm
Residence) to R -2 (Double Dwelling) and a lot division to allow separate ownership
of each half of double dwelling. The Clerk stated the hearing notice was in
order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
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"Commissioner Kishel moved the Planning Commission recommend to the City Council
denial of the requested zone change for 750 E. Viking Drive based on the following:
1. The proposal is not consistent with the intent of the Land Use Plan.
2. The proposal would substantially injure or detract from the use of adjoining
properties.
Commissioner Ellefson seconded. Ayes - 4 (Commissioners Pellish, Kishel,
Barrett and Ellefson)
Nays - 3 (Commissioners Whitcomb, Hejny
and Fischer)
Motion carries."
d. Mayor Greavu called for proponents. The following were heard:
Mr. Arnold Triemert, the applicant, 750 E. Viking Drive.
e. Mayor Greavu called for opponents. The following were heard:
Mr. Robert J. Travers, attorney for Carl Pedro;
Mrs. Mary Pedro, 770 E. Viking Drive.
f. Mayor Greavu closed the public hearing.
g. Councilman Anderson moved to deny the request of Arnold Triemert to rezone
750 E. Viking Drive from F (Farm Residence) to R -2 (Double Dwelling) based on
the following findings:
1. The proposal is not consistent with the intent of the Land Use Plan.
2. The proposal would substantially injure or detract from the use of adjoining
properties.
Seconded by Councilman Bastian. Ayes - all.
h. Councilman Anderson moved to deny the lot division as requested by Mr. Arnold
Tr�omert_
Seconded by Councilman Bastian. Ayes - all.
G. AWARD OF BIDS
1. Tree Removal
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the .following resolution and moved its adoption:
81 -5 -90
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Clark Landscaping in the amount of $4.35 per inch of diameter, is the lowest re-
sponsible bid for completion of Project 81 -6, Removal of Diseased Shade Trees,
and the Mayor and Clerk are hereby authorized and directed to enter into a con-
tract with said bidder for and on behalf of the City.
Seconded by Councilman .Anderson. Ayes - all.
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2. Southlawn Avenue Improvements
a. Manager Evans presented the staff report.
b. Councilman Anderson introduced the following resolution and moved its adoption:
81 - 5 91
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Total Asphalt Construction Company, St. Paul, Minnesota, in the amount of
$156,905.65 is the lowest responsible bid for the construction of Southlawn Drive
(Improvement Project 79 -15), and the Mayor and Clerk are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of the City.
Seconded by Mayor Greavu.
H. UNFINISHED BUSINESS
1. Resolution: Feasibility Studies
Ayes - Mayor Greavu; Councilperson Juker, .
Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
a. Manager Evans presented the staff report.
b. Mayor Greavu moved to table Item R -1 until the meeting of May 21, 1981.
Seconded by Councilperson Juker. Ayes - all.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. One Hour Parking: English Street
a. Manager Evans stated a representative from Truck Utilities has requested a one
hour parking restriction for the east side of English Street between Highway 36 and
Gervais Avenue. It is recommended that since this is a commercial area and in view
of the enforcement problem, no action should be taken.
b. No action taken.
2. Special Exception: 1700 Frank Street (Brown)
a. Manager Evans presented the staff report.
b. Commissioner Lorraine Fischer presented the following Planning Commission recom-
mendation:
"Commissioner Fischer moved that the Planning Commission recommend the City Council
approve a one year permit for the proposed home steam cleaning business, subject
to compliance with the criteria outlined in the Planning Commission Subcommittee
report.
Commissioner Whitcomb seconded. Ayes all."
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c. Councilman Bastian moved to approve a one year home occupation permit as requested
by Ron and Kathy Brown to operate a steam cleaning business at 1700 Frank Street
subiect to compliance with the criteria as outlined in the Plannine Commission report.
Seconded by Mayor Greavu.
Ayes - all.
d. Mrs. Delores Jorgenson, 1703 Duluth Street, asked questions regarding the home
occupation permit.
3. Revenue Note: Planning Commission Role
a. Commissioner Lorraine Fischer presented the following Planning Commission report:
"The following motion was adopted by the Planning Commission at their meeting of
April 20, 1981:
In view of the revenue note criteria most recently adopted by the City Council,
it is suggested that the Planning Commission be relieved of its review role in
the process. The present criteria are so broad that it is felt there is no need
for Planning Commission input and the inordinate amount of time spent by the
Planning Commission on these matters is no longer justified under these conditions.
If the Council continues to feel that issuance of these bonds is appropriate
and a continued use of this vehicle will be allowed by the legislature and congress,
then unless there is a change in the criteria which impact directly upon the
planning process, it is recommended that the Planning Commission be spared this
time consuming review of revenue notes because the present criteria are so broad."
b. Councilman Bastian moved to table Item J -3 until the Council has had an opportunit
to review the staff report.
Seconded by Mayor Greavu. Ayes - all.
4. Carver Lake, Woodbury
a. Manager Evans presented the staff report.
b. Council directed Staff to send Woodbury Maplewoods ordinance regarding boating
regulations.
5. Feasibility Study - Linwood Avenue Improvement Project 80 -15
a. Manager Evans presented the staff report.
b. Councilman Bastian introduced the followine resolution and moved its adoption:
81 -5 -92
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare preliminary plans for the improvement of Linwood Avenue 1320
feet east of McKnight Road by construction of sanitary sewer, watermain and appurtenant
work; and
WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans
for the improvement herein described:
1. The report of the City Engineer advising this Council that the proposed improve-
ment of Linwood Avenue 1320 feet of McKnight Road by construction of sanitary
sewer and watermain and appurtenant work is feasible and should best be made
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as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance with the reports
and the assessment of benefited property for and or a portion of the cost of
the improvement according to M.S.A. Chapter 429 at an estimated total cost of
$146,894.00.
3. A public hearing; will be held in the Council Chambers of the City Hall at 1380
-. Frost Avenue on- Thursday: the 4th day of June 1981, at 7:15 p.m. to consider
said improvement. The notice for said public hearing shall be in substantially
the following form:
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 on said improvement at the following time and place within the said City:
Date: June 4, 1981
Time: 7:15 P.M.
Location: Council Chambers
City Hall
1380 Frost Avenue
The general nature of the improvement is the construction of sanitary
sewer, watermain, and appurtenant work in the following described area:
LINWOOD AVENUE 1320 FEET EAST OF MCKNIGHT ROAD
The total estimated cost of said improvement is $146,894.00.
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 proposed to proceed under the authority granted by Chapter 429 M.S.A.
Dated this 7th day of May, 1981.
BY ORDER OF THE CITY COUNCIL
/s/ Lucille E. Aurelius
City Clerk
Seconded by Mayor Greavu. Ayes — all.
K. COUNCIL PRESENTATIONS
1. Dog Ordinance
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a. Councilperson Juker requested the Maplewood Dog Ordinance be placed on the agenda
for discussion.
2. Easement - Four Seasons Park
a. Councilperson Juker stated she has had calls regarding the Four Seasons Park
easement and requested it be referred to staff to gather the background information.
3. Double and Quad Design
a. Councilperson Juker requested the proposed Double and Quad Design Ordinance be
placed on the future agenda for discussion.
4. Cable TV
a. Councilperson Juker moved that Councilman Anderson be appointed to the Cable
TV Commission to replace Councilman Bastian.
Seconded by Councilman Bastian
b. Councilman Anderson moved to
on the Cable TV Commission.
Seconded by Councilman Bastian
5. Commission Liaison
Ayes - all.
oint Counciloerson Juker as an alternate member
Ayes - all.
a. Councilman Bastian suggested that the Council members be appointed to act as
liaison to each commission.
b. No action taken.
Councilperson Juker moved to waive the Rules of Procedures and extend the meeting past
the deadline.
Seconded by Mayor Creavu. Ayes - all.
6. .Sterling - Holloway and Larpenteur
a. Mayor Greavu stated Sterling Street between Holloway and Larpenteur is in bad
condition.
b. Staff will investigate.
7. Metro Waste Control Commission
a. Mayor Greavu stated the City of St. Paul is pumping the water from the pond at
Burns and McKnight into the sewer system. Is Maplewood going to have to pay for
this?
b. Staff will investigate.
8. Battle Creek
a. Mayor Greavu questioned if Maplewood is going to contest the Battle Creek assess-
ments. The Watershed District lowered Oakdale and Woodbury assessments.
b. Staff will investigate.
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5/7
L. ADMINISTRATIVE PRESENTATIONS
1. Cope Avenue
a. City Attorney John Hannigan reported on the Cope Avenue condemnation.
b. Councilman Anderson introduced the following resolution and moved its adoption:
81 - 5 - 93
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
WHEREAS, the Maplewood City Council authorized its City Attorney to initiate
proceedings in eminent domain to acquire the site for the so- called Cope Avenue Park;
and
WHEREAS, the Commissioners' duly appointed by the District Court to ascertain
and report damages for the taking of said site filed their report and awardes of
damages August 1, 1980 in the amount of $137,930; and - -
WHEREAS, the Respondent - Owners appealed from said Award of Damages for a trial
de novo; and
WHEREAS, the issue of damages was tried to a jury, which rendered its verdict
for the amount of $270,000 the 23rd day of April, 1981; and
WHEREAS, the jury verdict exceeds the acquisition budget for the park site.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood that the
City Attorney be, and hereby is, directed to discontinue and dismiss the proceedings
in eminent domain pursuant to Minnesota Statutes, Chapter 117.
Seconded by Councilman Nelson. Ayes - all.
2. Montgomery Ward
a. Mayor Greavu moved to approve the payment of $15,061.53 for purchase of
from Montgomery Ward & Company in connection with the Gervais Avenue improve.
Seconded by Councilman Nelson. Ayes - all.
3. Carsgroves Meadows - Forest Street
a. Mayor Greavu introduced the following resolution and moved its adoption:
81 -5 -94
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare preliminary plans for the improvement by construction of sanitary
sewer, watermain, drainage works, streets and appurtenant work; and
WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans
for the improvement herein described:
1. The report of the City Engineer advising this Council that the proposed improvement
concerning the construction of streets, storm sewers, sanitary sewers, watermains
and all necessary appurtenances in the following described area:
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Forest Street
Connor Avenue
to 200' west.
(proposed) from Keller Parkway to Leola Road. Cypress Street from
to County Road C. Connor Avenue (proposed) from Cypress Street
and
the improvement of Gervais.Avenue (proposed) by construction of sanitary sewer,
watermains and all .necessary appurtenances from the present westerly terminus
of Gervais Avenue westerly to Forest Street (proposed)
and
the construction of storm sewers, ponding areas, and appurtenances in the following
described area: Those lands lying west of T.H. 61, Northerly of T.H. 36, easterly
of Keller Parkway, and southerly of County Road C.
and
the construction of watermain and all necessary appurtenances along County Road
C from Forest Street (proposed) to approximately 600 feet West of T.H. 61 is
feasible and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance with the reports
and the assessment of benefited property for all or aportion of the cost of
the improvement according to M.S.A. Chapter 429, at an estimated total cost of
the improvement of $769,127.00.
3. A public hearing will be held in the Council Chambers of the City Hall at 1380
Frost Avenue on Thursday the 4th day of June, 1981, at 7:15 p.m. to consider
said improvement. The notice for said public hearing shall be in substantially
the following form:
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 on said improvement at the following time and palce within the said City:
DATE: June 4, 1981
TIME: 7:15 P.M.
LOCATION: Council Chambers
City Hall
1380 Frost Avenue
Maplewood, Minnesota 55109
The general nature of the improvement is the construction of streets, storm sewers,
sanitary sewers, watermains and all necessary appurtenances in the following described
area:
Forest Street (proposed) from Keller Parkway to Leola Road. Cypress Street from
Connor Avenue to County Road C. Connor Avenue (proposed) from Cypress Street to
200' west;
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and
the improvement of Gervais Avenue (proposed) by construction of sanitary sewer,
watermains, and all necessary appurtenances from the present westerly terminus of
Gervais Avenue westerly to Forest Street (proposed)
and
the construction of storm sewers, ponding areas, and appurtenances in the following
described area: Those lands lying west of T.H. 61, Northerly of T.H. 36, easterly
of .Keller Parkway, and southerly of County Road C
and
the construction of watermain and all necessary appurtenances along County Road C
from Forest Street (proposed) to approximately 600 feet West of T.H. 61.
The total estimated cost of said improvement is $769,127.00.
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 7th day of May, 1981.
BY ORDER OF THE CITY COUNCIL
s/ Lucille E. Aurelius
City Clerk
Seconded by Councilman Nelson. Ayes — all.
M. ADJOURNMENT
11:06 P.M.
City Clerk
1` — 5/7