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HomeMy WebLinkAbout06.04.81MINUTES OF MAPLEWOOD CITY COUNCIL &:00 P.M., Thursday, June 4, 1981 Council Chambers, Municipal Building Meeting No. 81 -12 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, Councilperson Present Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 81 -7 (April 2, 1981) Councilman Bastian moved to approve the Minutes of Meeting No. 81 -7 (April 2, 1981) as submitted. .Seconded by Mayor Greavu. Ayes - all. 2. Minutes No. 81 -11 (May 28, 1981) Councilman Anderson moved to approve the Minutes of Meeting No. 81 -11 (May 28, 1981) as submitted. Seconded by Councilman Nelson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Update on Road Project Plans 2. Highway 61 and Frost Avenue 3. Drafting Style 4. Fiscal Disparity 5. Battle Creek Seconded by Councilman Anderson. E. CONSENT AGENDA Ayes - all. Councilman Anderson moved, seconded by Councilman Nelson, Ayes - all, to approve the Consent Agenda, Items 1 through 5 as recommended. 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses - Check No. 005817 through Check No. 005864 - $337,373.95; Check No. 00573 through Check No. 005773 - $6,871.68; - 1 - 6/4 Check No. 010102 through Check No. 010174 — $147,201.78: Part II Payroll — Check No. 01619 through Check No. 01745 — $50,872.56) in the amount of $542,319.97. 2. Disposal of Financial Records Resolution No. 81 -6 -103 WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the council with a request in writing that destruction be approved by the council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Dir- ector is hereby authorized and directed to destroy the records listed. 3. Increase in Special Assessments Interest Rate Approved the interest rate on special assessments be increased from 8% to 11% effective with the assessments levied this year. 4. Time Extension: Clausen Addition Approved a 90 day time extension for the Clausen Addition Preliminary Plat subject to the original conditions. 5. Time Extension: Goff's Mapleview Addition Approved a 90 day time extension for that portion of Goff's Mapleview Addition which has not yet received final plat approval. Approval is on the basis that: 1. There have been no changes in the area that would justify denial of a time extension; 2. The Applicant is showing progress in final platting the lots on County Road C; 3. Council has approved similar time extensions for other plats. 6. Brookview Drive Storm Sewer — Property Acquistion Authorized staff to purchase Lot 12, Block 4, Brower Addition at a cost of $1,500.00 in connection with the Brookview Drive Storm Sewer Improvements. 7. Resolutions "Preperation of Assessment Rolls" and "Ordering Assessment Roll Hearing" a. Cope Avenue Connection, Improvement 79 -1 Resolution No. 81 -6 -104 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement project which consists of the construction of streets, storm sewers, sanitary sewers, watermains and all necessary appurtenances in the following described area: Cope Avenue from Atlantic Street to English Street; and 2 - 6/4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that the City Clerk and City 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 City_ Office for inspection. Further, the Clerk shall, upon compeltion of such proposed assessment notify the Council thereof. Resolution No. 81 -6 -105 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of streets, storm sewers, sanitary sewers, watermains and all necessary appurtenances in the following described area: Cope Avenue from Atlantic Street to English Street and the said assessment roll is on file in the office of the City Clerk: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of July, 1981, at the City 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 City Clerk is hereby directed to cause a notice of the 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 assessments. 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. b. Gervais Avenue East of T.H. 61 — Improvement 78 -1 Resoluton No. 81 -6 -106 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement project which consists of the construction of street and storm sewer, and all necessary appurtenances on Gervais Avenue from T.H. 61 eastbound to English Street, English Street from T.H. 36 northward to Gervais and T.H. 36 north Service Road from English Street westbound to Atlantic Street; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that the City Clerk and City 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 City Office for inspection. Further, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. — 3 — 6/4 Resolution No. 81 -6 -107 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared and assessment roll for the construction of street and storm sewer, and all necessary appurtenances on Gervais Avenue from T.H. 61 eastward to English Stseet, English Street from T.H. 36, northward to Gervais and T.H. 36 North Service Road from English Street westward to Atlantic Street, and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of July, 1981, at the City 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 City Clerk is hereby directed to cause a notice of the 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 assessments. 3. The notice of hearing shall state the date, time, 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. C. Gervais Avenue, Gervais to White Bear Improvement 77 -9 Resolution No. 81 -6 -108 WHEREAS, the City Clerk and City Engineer have prepared the final figures for the improvement project which consists of the upgrading and relocation of Gervais Avenue between Kennard Street and White Bear Avenue, including the installation of watermains, streets, curb and gutter, and storm sewers, and all necessary appurtenances in the area described as follows: that area bounded by White Bear Avenue, T.H. 36, Kennard Street (extended) and Demont Avenue (extended); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that the City Clerk and City 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 City Office for inspection. Further, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Resolution No. 81 -6 -109 WHEREAS, The Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for a project which consists of upgrading and relocation of Gervais Avenue between Kennard Street and White Bear Avenue, including the installation of watermains, streets, curb and gutter, and storm sewers, and all necessary appurtenances in the area described as follows: that area bounded by White Bear Avenue, T.H. 36, Kennard Street (extended) and Demont Avenue (extended) and the said assessment roll is on file in the office of the City Clerk; — 4 — 6/4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of July, 1981, at the City Hall at 7:15 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 City Clerk is hereby directed to cause a notice of the 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 assessments. 3. The notice of hearing shall state the date, time, 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. d. Maryland, Ivy, Ferndale, Sterling Improvement 77 -12 Resolution No. 81 -6 -110 WHEREAS, the City Clerk and City engineer have presented the final figures for the improvement project . which consists fo the construction of sanitary sewer, storm sewer, watermain, curb and gutter., and streets on Maryland Avenue from Century Avenue; Ferndale Street from Maryland Avenue to Ivy Avenue; and Sterling Street from Stillwater Road to Maryland Avenue; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City 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 City Office for inspection. - Further, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Resolution No. 81 -6 -111 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of sanitary sewer, storm sewer, watermain, curb and gutter, and streets 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, and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day of July, 1981, at the City 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 reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the 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 assessments. - 5 - b/4 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. e. Larpenteur— Howard Storm Sewer Improvement 75 -6 Resolution No. 81 -6 -112 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement project which consists of the construction of storm sewers, appurtenances, and necessary street reconstruction in the following described area: that area bounded by Larpenteur Avenue, McKnight Road, Ripley Avenue (extended) and Beebe Road; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that the City Clerk and City 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 City Office for inspection. Further, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Resolution No. 81 -6 -113 WHEREAS, the Clerk and the Engineer .have, at the direction of the Council, prepared an assessment roll for the construction of storm sewers, appurtenances, and necessary street reconstruction in the following described area: that area bounded by Larpenteur Avenue, McKnight Road, Ripley Avenue (extended) and Beebe Road and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 30th day fo July, 1981, at the City Hall at 7:00 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 City Clerk is hereby directed to cause a notice of the 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. G. AWARD OF BIDS 1. North Hazelwood Grading and Parking Lot a. Manager Evans presented the staff report. b. Councilman Nelson introduced the following resolution and moved its adoption: — 6 — 6/4 H 81 -6 -114 BE IT RESOLVED BY THE CITY COUNCIL OF.MAPLEWOOD, MINNESOTA, that the bid of U.D. Contracting Co., in the amount of $61,038.25 is the lowest responsible bid for the construction of North Hazelwood Grading and Parking .lot, 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 Councilman Anderson. 2. Bids for Two Used 1978 Carry —Alts Ayes — all. a. Councilperson Juker moved to table this item until later in the agenda. Seconded by Mayor Greavu. Ayes — all. UNFINISHED BUSINESS I. Q uad and Double Dwelling Design — Second Reading a. Manager Evans presented the staff report. b. Mayor Greavu asked if anyone in the audience wished to be heard for or against the proposed ordinance. The following were heard: Mr. Tom Weyner stated the ordinance should be defined better and he feels it is too restrictive. C. Councilman Bastian moved to refer this item to staff with the instruction that if at any time there presents a need for such an ordinance it be again pre- sented to Council and also that staff review the 500 foot requirement between house designs. Seconded by Councilman Nelson. Ayes — all. F. PUBLIC HEARINGS 1. Forest Street Improvement Project 7:15 P.M. a. Mayor Greavu convened the meeting for apublic hearing regarding the construction of streets, storm sewers, sanitary sewers, watermains and all necessary appurtenances in the following described area: Forest Street from Keller Parkway to Leola Road; Cypress Street from Connor Avenue to County Road C; Connor Avenue from Cypress Street to 500 feet west; and Gervais Avenue Westerly to Forest Street and the construction of storm sewers, ponding areas in the following 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 to approximately 600 feet west of T.H. 61. b. Director of Public Works Ken Haider presented the specifics of the proposed improvements. C. Mayor Greavu called for proponents Mr. Clifford Lund, Roberts Properties; Mr. Ralph Wagner, Probe Engineering. The following were heard: — 7 — 6/4 2 d. Mayor Greavu called for opponents. The following were heard: Mr. Elmer Stanke, 910 E. Co. Road C Mr. Tom Ahren, attorney representing Mr. Mike Parish, 2508 Keller Parkway; Mr.: Jerry Derringer, Maple Leaf Drive In; Mr. Steve Olson, 2515 Maplewood Drive; Dr. Steve Kuslich, 2.400 Keller Parkway; Mr. Dean Hedlund, 2424 Keller Parkway; Mr. Don Christianson, 1111 E. County Road C; Mr. Don Watson, 985 E. County Road C; Mr. Tim Gallavin, 2532 Keller Parkway; Mr. Claude Zagaria, 2514 Keller Parkway; Mr. Jim Bowditch, 2524 Keller Parkway; Mr. Rueben Heckmann, 2579 Cypress Street. e. Mayor Greavu closed the public hearing. I. Councilman Anderson introduced the following resolution and moved its 81 -6 -115 tion: WHEREAS, it is deemed necessary, expedient, and proper to consider approval of Forest Street Improvements (Improvement Project 78 -13); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that said project be denied for the following reasons: 1. There may be additional, and, at present, difficult to determine costs involved in the construction of the ponding area; 2. Present residents feel there will be no direct, immediate benefit to them; 3. Because of the tenous nature of federal and state funding to municipalities, the City may well be unable to bear a portion of development costs, if the need should occur. Seconded by Councilman Bastian. Ayes - all. Linwood Avenue Improvements: Feasibility Study 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the construction of sanitary sewer, watermain on Linwood Avenue 1320 feet east of McKnight Road. b. Manager Evans presented the staff report and the Planning Commission report. C. Mr. Scott Hari, Schoell and Madson, presented the specifics of the improvement. d. Mayor Greavu called for persons who wished to be heard for or against the project. The following persons were heard: Mr. Kurt Schwichtenberg, the developer; Mr. Ken Gervais; - Ms. Cheryl Stanke, 2383 Linwood Avenue; Mr. Joe Deray 2278 Linwood Avenue Mr. George Oxford e. Mayor Greavu closed the public hearing. - 8 - 6/4 f. Councilman Anderson introduced the following resolution and moved its adoption: 81 -6 -116 WHEREAS, a resolution of the City Council adopted the 7th day of May, 1981 fixed a date for a Council hearing on the proposed improvement of Linwood Avenue from McKnight Road easterly a distance of 1,320 feet by the construction of san- itary sewer, watermain and necessary appurtenances; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 4th day of June, 1981, at which all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 4th day of June, 1981. 2. That said project be contingent upon the developer entering into the standard agreement and submitting the required surety within 90 days. 3. The City Engineer is hereby directed to prepare plans for the making of such improvement. Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilperson Juker, Councilmen Anderson and Nelson. Nays - Councilman Bastian. 3. Liquor License - Wright - Beam Avenue 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Daniel Wright for on Off -Sale Liquor License to be located on the south side of Beam Avenue and 300 feet west of White Bear Avenue. b. Manager Evans presented the staff report.. c. The applicant, Mr. Daniel Wright, spoke on behalf of his request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Counciman Nelson introduced the following resolution and moved its adoption: 81 -6 -117 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on June 4, 1981, an Off Sale Intoxicating Liquor License was approved for Daniel Wright, Comstock, Inc., dba North Country Vineyard and Spirits, to be located in the Commercial Partners Project (south side of Beam Avenue, 300 feet west of White Bear AVenue). The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilperson Juker. Ayes - all. - 9 - 6/4 4. Carsgrove's Meadow lst and 2nd Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Roberts Properties for approval of aproposed land subdivision plat to be known as Carsgrove's Meadows lst and 2nd Addition. b. Manager Evans stated the applicants were requesting this item be tabled. C. Councilman Nelson moved to table this item until the meeting of July 16, 1981. Seconded by Councilperson Juker. Ayes — all. Mayor Greavu recessed the meeting at 9:27 P.M. to convene as the Board of Appeals and Adjustments. Mayor Greavu reconvened the meeting at 9:34 P.M. 6. Special Use Permit — Parkside Fire Station 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Parkside Fire Department for approval of aspecial use permit to construct an addition. b. Manager Evans presented the staff report. C. Mr. Ed Parkside Fire Department, spoke on behalf of the request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilman Nelson introduced the following resolution and moved its adoption: 81 -6— 118 WHEREAS, the Council of the City of Maplewood, acting on its own initiative as provided under Section 911.010 of the Municipal Code of the City of Maplewood, for the property described as follows: Parkside Fire Department 2001 McMenemy St. Lot 1, Block 1 Maplewood Office Center which has been proposed for Special Use Permit. WHEREAS, apublic hearing was held on June 4, 1981 at 8 :00 P.M. in the City Hall, notice thereof having been duly published in the official City newspaper, and notices of said hearing having been mailed to all property owners of record within 300 feet of the area proposed for construction of a 1870 square foot addit- ion; and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said Special — 10 — 6/4 Use Permit be .granted; .NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit for construction of a 1870 square foot addition be granted. Seconded by Councilperson Juker. Ayes - all. 7. Special Use Permit: 1247 Kohlman Avenue - Buesing 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Jonathan Buesing, 1247 E. Kohiman Avenue, for a special use permit to construct an addition onto a single family dwelling located in an M -1 Light Manufacturing District. b. Manager Evans presented the staff report. C. Commissioner Howard presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend the City Council approve a special use permit to allow the expansion of the applicant's home as proposed in the application. The basis for approval is that: 1. The expansion would not be significant enough to discourage development of the subject parcel as zoned; 2. The addition would bring the floor area closer to the minimum required by the Code; 3. The proposal is consistent with the Land Use Plan designation RL, Low Density Residential. Commissioner Whitcomb seconded. Ayes all." d. The applicant, Jonathan Buesing, 1247 Kohlman Avenue., spoke on behalf of 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 introduced the following resolution and moved its adoption: 81 -6 -119 WHEREAS, the Council of the City of Maplewood, acting on its own ititiative as provided under Section 911.010 of the Municipal Code of the City of Maplewood, for the property described as follows: 1247 Kohlman Avenue Unplatted Lands Beg at a pt 531 75/100 ft W and 378 4/10 It S of NE cor of SE 1/4 of SE 1/4 th S 215 7/10 It to Nely L of Kohlman Ave th N 50 deg 36 min W on sd Nely L 108 ft th N 67 deg 12 min W on ad Nely L 70 ft th N 22 deg 48 min E 100 It th N 76 deg 40 min E 116 3/10 ft to beg part of SE 1/4 of SE 1/4 of Section 4, Township 29, Range 22 which has been proposed for Special Use Permit; - 11 - 6/4 WHEREAS, a public hearing was held on June 4, 1981 at 8:15 P.M. in the City Hall, notice thereof having been duly published in the official City newspaper, and notices of said hearing having been mailed to all property owners of record within 300 feet of the area proposed to construct an addition onto a single dwelling located in an M -1 Light Manufacturing District; WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit to construct an addition onto a single dwelling located in an M -1 Light Manufacturing District be granted. Seconded by Councilperson Juker. Ayes - all. 8. Special Use Permit: 1237 E. County Road C - Pitt 8:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Harold Pitt, 1237 E. County Road C for a special use permit to construct an addition onto a single dwelling located in an M -1 Light Manufacturing District. b. Manager Evans presented the staff report. C. Commissioner Howard presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of a special use permit to allow the expansion of the applicant's home. The basis for approval is that the expansion would not be significant enough to discourage development of the subject parcel as zoned and is in keeping with the Land Use Plan designation of RL, Lower Denisty Residential. Commissioner Howard seconded.. Ayes all." d. The applicant, Gertrude Pitt, 1237 E. County Road C, 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. Councilperson Juker introduced the following resolution and moved its adoption: 81 - 6 - 120 WHEREAS, the Council of the City of Maplewood, acting on its own initiative as provided under Section 911.010 of the Municipal Code of the City of Maplewood, for the property described as follows: 1237 E. County Road C Unplatted Lands Sub to Co Rd. C the E 66 ft of S 383 3/10 ft of SW 1/4 of SE 1/4 of SE 1/4 of Section 4, Township 29, Range 22 - 12 - 6/4 which has been proposed for Special Use Permit. WHEREAS, a public hearing was held on June 4, 1981 at 8:30 P.M. in the City Hall, notice thereof having been duly published in the official City newspaper, and notices of said hearing havingbeen - mailed to all property owners of record within 300 feet of the area proposed to construct an addition onto a single dwelling located in an M -1 Light Manufacuring District; and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit to construct an addition onto a single dwelling located in an M -1 (Light Manufacutring District) be granted. Seconded by Councilman Bastian. Ayes - all. G. AWARD OF BIDS (continued) 2. Carry Ails a. Manager Evans presented the staff report. b. Councilman Bastian moved to instruct staff to investigate the possibility of other departments utilizing the two carry a1is instead of selling them and i.f nroner utilization cannot be accomplished staff is authorized to sell them report back to Seconded by Councilperson Joker. Ayes - all. H. UNFINISHED BUSINESS (continued) 2. Commercial Revenue Note: Maplewood Racquetball Club a. Manager Evans stated this item is continued from the May 7 meeting. b. Mr. Mark Haggarty, 6441 University Avenue, Minneapolis, representing Maplewood Racquetball Club, Inc., spoke on behalf of the request. c. Mayor Greavu called for anyone who wished to be heard for or against the proposal. None were heard. d. Councilman Bastian introduced the following resolution and moved its adoption: 81 - 6 - 121 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER.THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING PREPARATIN OF NECESSARY DOCUMENTS. 1. It is hereby found, determined and declared as follows: I.I. The welfare of the State of Minnesota (the "State ") requires active - 13 - 6/4 promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. 1.2. Technoligical change has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City, a large part of the existing investment of the community and of the State as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. 1.3. The increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs. 1.4. Maplewood Racquet Club, Inc., a Minnesota corporation (the "Company "), has advised the City Council that it desires to acquire and construct a building and acquire and install equipment therein on land presently owned by the Company (collectively, the "Project ") to be utilized as racquetball club facilities. 1.5. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an increase in opportunities for employment for residents of the City. 1.6. The City has been advised that conventional, commercial financing to pay the capital cost of the Project is available at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing and its resulting low borrowing cost the Project is economically more feasible. 1.7. This City Council has been advised by a representative of Piper, Jaffray & Hopwood Incorporated, in Minneapolis, Minnesota, investment bankers and dealers in municipal bonds, that on the basis of information submitted to them and their discussions with representatives of the Company and potential buyers of tax - exempt bonds, industrial development revenue bonds, notes or other obligations of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds, notes or other obligations to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improvement or extension of capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Company; the issuance of such bonds, notes or other obligations by the City would be a substantial inducement to the Company to construct its facility in the City. - 14 - 6/4 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its commercial development revenue bonds, notes or other obligations under the provisions of Chapter 474 to finance the Project of the Company at a cost presently estimated not to exceed $1,200,000. 3. The Project is hereby given preliminary approval by the City and the issuance of bonds, notes or other obligations for such purpose and in such amount is hereby approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this body, the Company and the initial purchasers of the bonds, notes or other obligations as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds, notes or other obligations of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, and each bond, note or other obligation when, as and if issued shall recite in substance that the bond, note or other obligation, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof and shall not constitute a debt of the City. 4. In accordance with Minnesota Statute, Section 474.01, Subdivision 7(a), the Mayor is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for approval of the Project. The Mayor, the City Clerk, the City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Commissioner of Securities with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner of Securities. Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmen Anderson, Bastian and Nelson. Nays — Councilperson Juker. 3. Cope Avenue Connection a. Manager Evans presented the staff report recommending that the City should issue its check in the amount of $5,300 payable to Lais, Bannigan and Ciresi, P.A. Trust Account for the purpose of concluding settlement of the E1ia— Carbone case. b. Mayor Greavu moved to accept recommendation of staff and issue a check in the amount of $5,300 to settle the Elia— Carbone case as it pertains to the Co Avenue Connection Improvement 79 -1. Seconded by Councilman Nelson. Ayes — all. 4. Gervais Avenue Right of Way — Northwestern Bell Donation a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 81 -6 -122 BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minr.esota, as follows: WHEREAS, the City of Maplewood has determined, pursuant to the provisions of — 15 — 6/4 Minnesota Statutes, Section 429, that it is reasonable, necessary and for a public purpose that Gervais Avenue between Kennard Street and White Bear Avenue be realigned and reconstructed; and - WHEREAS, pursuant to the provisions of Minnesota Statutes, chapter 117, the Ramsey County District Court has determined that it is reasonable, necessary and authorized by law for the City of Maplewood to acquire by negotiation, donation, or proceedings in eminent domain the right of way necessary to realign and reconstruct Gervais Avenue from Kennard Street to White Bear AVenue, more commonly known as Public Improvement Project No. 77 -9; and WHEREAS, the Northwestern Bell Telephone Company, an Iowa corporation, proposes to donate to the City of Maplewood those permanent and temporary construction easements necessary for the alignment and reconstruction of Gervais Avenue; and WHEREAS, certain Commissioners duly appointed by that Order of the District Court dated September 17, 1980, Ramsey County District Court File No. 446254, filed their Report and Award of Damages dated April 15, 1981 as it pertains to Parcel 8 therein in the amount of $5,200; and WHEREAS, it is the intention of Northwestern Bell Telephone Company to waive receipt of said damages as an award and to donate said right of way to the City of Maplewood; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. That the Maplewood City Council accepts the donation by the Northwestern Bell Telephone Company of the permanent and temporary construction easements necess- ary for the realignment and reconstruction of Gervais Avenue from Kennard Street to White Bear Avenue as more particularly described in Exhibits "A" and "B" attached hereto and upon the acceptance of said donation by said Northwestern Bell Telephone Company authorizes the City Attorney to record in the office of the Ramsey County Recorder said permanent easement; and BE IT FURTHER RESOLVED that the Maplewood City Council, in accepting this donation, expresses its appreciation and that of the citizens of Maplewood for the generosity of the donor and its public spiritedness. Seconded by Councilman Bastian. Ayes - all. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Resolution on PERA a. Manager EVans presented staff report. b. Councilman Bastian introduced the following resolution and mvoed its adoption: 81 -6- 123 WHEREAS, Barry R. Evans has notified the City Council of his election to be excluded from membership in the public employees retirement association and has provided this Council with a copy of his written election to.:doso,;all - 16 - 6/4 as authorized by Minnesota Laws 1981, Chapter 353 (Min. Stats. 353.025); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood as follows: 1. The council makes the following findings: a. Barry R. Evans is a City Manager of the City of Maplewood, Minnesota. b. That position is provided for in Optional Plan B adopted by the voters of the City of Maplewood on June 18, 1968. e. He was duly appointed to serve in that position effective February 26, 1979, d. The City Manager is the chief administrative officer of the City of Maplewood. e. Acting under Minnesota Laws 1981, Chapter 353, (Minn. Stats. 353.025) he has elected to be excluded from membership in the public employees retirement association, effective upon his filing such election with the executive director of that association. f In making this election he has agreed that he will not at any time in the future seek any authorization to purchase service credit for any period of excluded service. He has further agreed that this election is irrevocable. 2. Said election is therefore approved. 3. A certified copy of this resolution shall be provided to the executive director of said association. Seconded by Councilperson Joker. Ayes — all. 2. Police Aide a. Manager Evans presented the staff report. b. Lt. Dennis Delmont explained the need for the position. c. Councilman Nelson moved to reauthorize the position of Police Aide within the Police Department effective immediately at grade II at $932.00 per month. Seconded by Mayor Greavu. Ayes — all. K. COUNCIL PRESENTATIONS 1. Highway 61 and Frost Avenue a. Councilman Bastian stated he was again requesting the staff to contact the proper authorities to place a white line on Highway 61 where traffic makes a left turn. b. Staff will investigate. 2. Drafting Style a. Councilman Bastian stated he would like to seethe proposed ordinance prepared -17- 6/4 L. in a different style. He presented samples of ordinance drafting styles to the Council. b. No action taken. 3. Battle Creek a. Mayor Greavu stated he would like to have someone representing Maplewood on the Battle Creek Watershed Board. ADMINISTRATIVE PRESENTATIONS 1. Fiscal Disparities a. Manager Evans stated the City of Shakopee is fighting Fiscal Disparities. The State Supreme Court has agreed to hear their appeal. The cost of the litigation is $23,511 and an additional cost of $11,000 will be required to finish the Supreme Court appeal for a total cost of $34,511.00. It is possible that approximately 18 communities would gain from the appeal. A suggested price of $1,500 each from supporting cities. They are asking Maplewood to support them. b. Councilman Anderson moved to authorize joining in Disparities litigation and to approve the $1,500 dona Seconded by Mayor Greavu. ADJOURNMENT 10:25 P.M. — 18 — with the Fiscal ion Ayes — all. City Clerk 6/4 ose.