Loading...
HomeMy WebLinkAbout06.27.83Minutes of Maplewood City Council 7:00 P.M., Monday, June 27, 1983 Council Chambers, Municipal Building Meeting No. 83 -16 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 7:03 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Absent Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Mary Lee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 83 -12 (May 23, 1983) Mayor Greavu moved to approve the Minutes of Meeting No.83 -12 (May 23, 1983) as corrected: - Page 3 - Item F -1C "Nay- Commissioner Prew" Page 19 - Item K -3 "of a suburban street as a substitute" Seconded by Councilmember Juker. 2. Meeting No. 83 -13 (June 13, 1983) Councilmember Bastian moved to approv 1983) as submitted. Seconded by Councilmember Maida. 3. Minutes No. 83 -14 (June 20, 1983) Ayes - all. the Minutes of Meeting No. 83 -13 (June 13 Ayes - all. Councilmember Bastian moved to approve the Minutes of Meeting No. 83 -14 (June 20, 1983) as submitted. Seconded by Councilmember Maida. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Official Newspaper 2. Parkside Fire Department - Assessments 3. Assessment Adjustment 4. Tax Exempt Bonds 5: Drinking Water 6. Labor Negotiations 6/27 Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed E -2 from the Consent Agenda to become I -2. Mayor Greavu moved, seconded by Councilmember Juker, Ayes - all, to approve the Consent Agenda Items 1, 3 through 7 as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Checks register dated June 15, 1983 and June 16, 1983 - $537,936.18; Part II Payroll - Check dated June 17, 1983 - $57,222.89) in the amount of $595,159.07. 2. Conditional Use Permit Renewal: 2091 Hazelwood See I -2 3. Conditional Use Permit Renewal- 2239 Hazelwood Resolution No. 83 -6 -98 WHEREAS, Charles and Betty Smith initiated a conditional use permit for a home occupation at the following- described property: Lots 1 and 2, Block 8, plus the north half of the adjacent vacated alley, Sabin Addition to Gladstone. This property is also known as 2239 Hazelwood Street, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Charles and Betty Smith, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was originally approved by the City Council on June 14, 1982, subject to the following conditions: a. Compliance with the criteria outlined in the Planning Commission Subcommittee report. b. Approval is granted for one year, after which time the applicant may apply fora renewal if the business has been compatible with the neighborhood and all conditions are being met. c. No outdoor storage of business - related equipment shall be permitted and no vehicle with a load capacity greater than one ton permitted. - 2 - 6/27 d. There shall be a wall- mounted ten pound ABC fire extinguisher located in the garage, easily accessible from the dwelling, when commercial products are stored in the walk -in foyer closet. 3. The Maplewood City Council held a regular meeting June 27 1983 to consider this conditional use permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved, on the basis of the following findings of fact: 1. No complaints have been received regarding this home occupation. 2. All previous council conditions are being met. Approval is subject to the following conditions: Compliance with the criteria listed in Section 36 -66(4) of the zoning ordinance. 2. Approval is granted for five years, after which time the applicant may apply for a renewal if the business has been compatible with the neighborhood and all conditions are being met. 3. No outdoor storage of business - related equipment shall be permitted and no vehicle with a load capacity greater than one ton permitted. 4. There shall be a wall- mounted ten pound ABC fire extinguisher located in the garage, easily accessible from the dwelling, when commercial products are stored in the walk -in foyer closet. 4. Wakefield Park Agreement Approved the following agreement with Ramsey County for Wakefield Park: 1. DESCRIPTION OF PREMISES. Ramsey County (the county) grants to the City of Maplewood, a municipal corporation of the State of Minnesota (the City), the exclusive right to use, enjoy and control the following described premises: LEGAL DESCRIPTION OF THAT PART OF WAKEFIELD PARK USED BY THE CITY OF MAPLEWOOD, subject to streets, beginning at the northwest corner of the southeast 1/4 of Section 15, T. 29, R. 22, thence southerly along the west line of said southeast 1/4 530 feet, thence easterly parallel with north line of said SE 1/4 170 feet, thence southerly parallel with west line of said SE 1/4 230 feet thence easterly parallel with west line of said SE 1/4 230 feet thence easterly parallel with north line of said SE 1/4 100 feet, thence northerly parallel with the west line of said SE 1/4 230 feet 230 feet, thence easterly parallel with north line - 3 - 6/27 of said SE 1/4 to the centerline of Prosperity Road, thence northerly along centerline of Prosperity Road to a point on the north line of said SE 1/4, thence westerly along north line of said SE 1/4 to the point of beginning for recreation and for community use by all of the people of Ramsey County. 2. TERM. This permit is for a term of 25 years beginning on the date of ex- ecution but may be terminated upon one year notice by either party. 3. PERMIT CHARGES. The county shall make no charge for this permit. 4. ASSIGNABILITY. The City shall not assign this permit. 5. PLANNING AND CONSTRUCTION. Before making any changes or improvements, the City shall submit a master plan of the premises, including a complete layout for use of areas, possible play equipment, anticipated utilities, grading and identification of plantings to the Ramsey County Executive Director for approval. His approval shall not be unreasonably withheld. The Ramsey County Executive Director must approve all deviations from the original plan. As part of the approved plan, the City may attach fixtures or signs and erect fixtures or structures in or upon the premises, all of which shall be the property of the county. 6. MAINTENANCE OF PREMISES. The City shall maintain the premises and property furnished under this permit. Good repair and tenantable condition during the period of this permit in accordance with good park maintenance practices. The Ramsey County Executive Director shall approve all commonly accepted environmental intrusions. The City shall see to it that all utilities and wires are placed underground. 7. USE BY OTHERS. Each agreement between the City and a third party for the use, occupancy or enjoyment of the premises is subject to the approval of the Director of the Ramsey County Parks and Recreation Department. 8. ASSESSMENTS. The City shall pay all assessments levied against the premises. 9. INDEMNIFICATION. The City shall indemnify the county and save it harmless from any and all claims for damage which the county may be required to pay for injury or damage caused through the negligence of the City or any of its agents or employees by virtue of its operation and control of the premises. 5. Budget Appropriation: Energy Audit Advertisements Accepted $232.00 from the State Department of Energy Planning and Development to use to place a newspaper ad advising Maplewood residents of their ability to obtain an energy audit of their homes from Northern States Power for $10. 6. Budget Transfer: Civil Service Commission Approved a budget transfer of $2,600.from the Contingency Fund to the Civil Service Commission budget. This would be for as follows: Police Officer and Sergeant written examinations $ 900.00 Police Officer and Sergeant oral examinations 700.00 Police Officer and Sergeant psychological examinations 1,000.00 TKIRZ7 7. Hearing Date for Industrial Revenue Bond - St. Johns - 4 - 6/27 Resolution No. 83 -6 -99 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A HOSPITAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minneosta Municipal Industrial Development Act (the "Act ") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Maplewood (the "City ") has received from Health Resources Hospital Corporation, a corporation organized under the laws of the State of Minneosta (the "Corporation ") a proposal that the City assist in financing a pooject hereinafter described, through the issuance of its industrial revenue bonds (the " Bonds ") pursuant to the Act; (c) Before proceeding with consideration of the request of the Corporation it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A Public Hearing on said proposal of the Corporation will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 5. The City Clerk is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper of general circulation available in, the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the City of Maplewood, Minnesota, this 27th day of June, 1983. ATTEST: /s/ Lucille E. Aurelius er k- /s/ John C. Greavu. Mayor - 5 - 6/27 NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A HOSPITAL FACILITIES DEVELOPMENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota will meet at the City Hall in the City of Maplewood, Minnesota at 7:00 P.M. on July 25, 1983, to consider the proposal of Health Resources Hospital Corporation, that the City assist in financing a project hereinafter described by the issuance of hospital revenue bonds. Description of Project The proposed project shall consist of the acquisition of land and the construction and equipping thereon of an approximate 112,000 square foot acute care hospital and related health care facilities to be located at the Northeast corner of Beam and Hazelwood in the City of Maplewood, and to refinance certain existing debt of the Corporation and to renovate the Corporation's existing hospital. The estimated principal amount of bonds or other obligations to be issued to finance this project is $53,000,000. Said bonds or other obligations of and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by Health Resources Hospital Corporation pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning July 6, 1983, from 9:00 a.m. to 4:30 p.m., Monday through Friday, at the City Hall in Maplewood, Minnesota. At the time and place fixed for said Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 27th day of June, 1983. (BY ORDER OF THE CITY COUNCIL) By /s/ Lucille Aurelius City Clerk F. PUBLIC HEARINGS 1. Crestview Drive - Hudson Place Water Main Extension 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing concerning the adoption of the assessment roll for water improvement on Crestview Drive - Hudson Place Project No. 82 -19. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Director of Public Works Ken Haider presented the specifics of the assessment roll. - 6 - 6/27 c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. The following were heard: Mr. J. Boland, 131 Crestview Drive Mr. W.L. Muir, 212 Crestview Drive Mr. George Everett, Christ United Methodist Church Mr. John Blumer, 175 Crestview Drive Mr. Bill Zappa, 230 Crestview Drive Mr. Gary Sherburne, 137 Crestview Drive. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved to reject the bids for Project No. 82 -19: 83 -6 -101 WHEREAS, the City Council rejected all bids for the Crestview Drive - Hudson Place Water Main Extension, Project No. 82 -19; WHEREAS, the City Council changed the scope of the project to include only that part of the water main along Hudson Place. WHEREAS, plans and specifications have been prepared under the direction of the City Engineer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are 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 and specifications. The advertisement shall be published twice, 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 10:00 a.m., on the 5th day of August, 1983, 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% of 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 meet- ing of August 8, 1983. Seconded by Councilmember Maida. Ayes - Councilmembers Bastian, Juker and Maida. Mayor Greavu abstained. - 7 - 6/27 2. Variance: 762 Mary Street 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a code variance to add a second story addition onto an existing garage at 762 Mary 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 Dave Whitcomb presented the following Planning Commission re- commendation: "Commissioner Fischer moved the Planning Commission recommend the City Council adopt the resolution approving a variance for a two -story garage at 762 Mary Street. Approval is based on the finding that there are conditions unique to the site, i.e. the topography and the cemetery to the rear and a two -story garage would not impact surrounding development, because of its concealed location toward the rear of the property, and also due to the absence of residential development behind the site. Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Sigmundik, Sletten, Whitcomb." 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. Councilmember Bastian introduced the following resolution and moved its adoption: 83 -6 -100 WHEREAS, Robert D. Schwan applied for a variance for the following described property: Lot 6, Block 6, Minnehaha Highlands This property is also known as 762 Mary Street, Maplewood; WHEREAS, Ordinance No. 502 fo the Maplewood Code of Ordinances requires that private garages may not exceed one story in height; WHEREAS, the applicant is proposing to construct a second story garage add- ition requiring a variance of one story; WHEREAS, the procedural - history of this variance is as follows: 1. This variance was applied for on April 11, 1983. 2. This variance was reviewed by the Maplewood Planning Commission on June 6, 1983. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on June 27, 1983 to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity - 8 - 6/27 to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described variance be approved on the basis of the following findings of fact: The two story garage would not impact surrounding development because of its concealed location towards the rear of the property, and also due to the absence of residential development behind the site. Seconded by Councilmember Maida. Ayes - all. 3. Rezoning - Plan Amendment - 905 Parkway Drive a. Mayor Greavu convened the meeting for a public hearing regarding the proposal for a plan amendment from RH to LS C and to rezone from BC to BC(M) the property located 'at- 905.Parkway Drive. The Clerk stated the hearing notice was - in:order and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner Dave Whitcomb presented the following Planning Commission recommendation: "Commissioner Prew moved the Planning Commission recommend approval of the res- olution amending the Land Use Plan from RH to LS C for 905 Parkway Drive and also amend the acreage chart on page 19 -3 to reflect the change from RH to LSC. Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Whitcomb. Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of the resolution amending the zoning for the Maple Hills Office Build- ing from BC, business commercial to BC(M) business commercial (modified). Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Hejny, Pellish, Sigmundik, Sletten, Whitcomb. Nays - Commissioner Fischer." d. Mr. Jonathan A. Dyrud, 905 E. Parkway Drive, spoke against the down zoning. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Juker moved.to approve the Plan Amendment from RH to LSC for 905 Parkway Drive. Seconded by Councilmember Maida. Councilmember Juker withdrew her motion. i. Mayor Greavu moved to table the Plan Amendment and Rezoning for 905 E. Parkway Drive. - 9 - 6/27 S econded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS 1. Insurance Bids a. Manager Evans presented the staff report. b. Mayor Greavu moved that (a) the City's existing self - insured workers' compen- sation coverage through the League of Minnesota Cities be renewed effective July 1, 1983 for one year but without an insurance agent an b the bid or orooerty and liability insurance coverages be awarded to the Hartford nsurance Seconded by Councilmember Juker 2. Radio Receivers Ayes - Mayor Greavu, Councilmembers Juker and Maida. Nays - Councilmember Bastian. a. Manager Evans presented the staff report. b. Deputy Director of Emergency Preparedness John Zuercher explained the bids. c. Mayor Greavu introduced the following resolution and moved its adoption: BE IT RESOLVED BY THE of Motorola in the amount purchase of City Hall and are hereby authorized and for and on behalf of the Seconded by Councilmember H. UNFINISHED BUSINESS 83 -6 -102 CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the bid of $15,095.30 is the lowest responsible bid for the Water Tower Receivers and the proper City Officials directed to enter into a contract with said bidder :ity. Bastian. Ayes - all. 1. Final Plat /Time Extension: Crestview Forest Townhouse a. Manager Evans presented the staff report. b. Mr. Fred Haas, Marvin Anderson Construction, spoke on behalf of the request. c. Councilmember Bastian moved to: 1. Grant a two -year time extension for the Crestview Fbrest planned unit develop- ment. 2. Grant a two -year preliminary plat time extension for the portion of the site lying east of Sterling Street. 3. Approve the Crestview Forest Second Addition final plat, subject to submission of a developer's agreement for construction of Sterling Street and the re- quired trail, prior to the City signing the final plat. Seconded by Mayor Greavu. Ayes - all. - 10 - 6/27 2. Plumbing Inspector Fees a. Manager Evans presented the staff report. b. Mr. Pat Daley, Plumbing Inspector, spoke on behalf of his request for an increase in inspector fees. c. Councilmember Bastian moved to approve the increase fo the plumbing inspector's fees to 80% of the permit Tee. Seconded by Councilmember Maida. Ayes - all. 3. Plan Amendment: Gervais Avenue, West of White Bear Avenue a. Manager Evans presented the staff report. b. Commissioner Dave Whitcomb presented the following Planning Commission re- commendation: "Commissioner Hejny moved the Planning Commission recommend to the City Council approval of the amendment from RH to LSC for that portion of the area that is zoned LBC. The portion of the property that is zoned R -1 change to the land use designation of RL except for that portion east of Four Seasons Park designated as park property to remain as is. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Hejny, Pellish, Sigmundik, Sletten, Whitcomb. Nays - Commissioners Ellefson, Fischer." c. Mr. Paul Zugschwert presented the H.R.A. report. d. Councilmember Juker introduced the following resolution and moved its adoption: 83 -6 -103 WHEREAS, the City of Maplewood initiated an amendment to.the Maplewood com- prehensive plan from RH, residential high density to: 1. LSC, limited service commercial, east of 1715 Gervais Avenue and north and east of 1725 and 1733 Gervais Avenue. 2. RL, residential lower density for 1733, 1725, 1715 and 1695 Gervais Avenue and 1694 Demont Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. 2. The Maplewood Planning Commission held a public hearing on June 6, 1983 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The planning commission recommended to the city council that said plan amendment be approved. 3. The Maplewood City Council considered said plan amendment on June 27, 1983. The council considered reports and recommendations from the plan- ning commission and city staff. - 11 - 6/27 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved. Seconded by Councilmember Maida. Ayes - all. 4. Code Amendment: Signs in Residential Zones - Second Reading a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 544 AN ORDINANCE AMENDING CHAPTER 36 OF THE MAPLEWOOD CODE RELATING TO SIGNS IN R -1, R -2 AND R -3 DISTRICTS The Maplewood City Council hereby ordains as follows: Section 1. Sections 36 -316 of the Maplewood Code is hereby amended to read as follows: Section 36 -316. Permitted. The only signs which are permitted in an R -1 Residence District (Single Dwelling), R -2 Residence District (Double Dwelling) or R -3 Residence District (Multiple Dwelling) in the city are as follows: (1) Signs permitted in Schedule I, subdivision I of this division, as regulated therein. (2) One fascia sign of not more than two (2) square feet in area giving the name and occupation of the occupant of a building carrying on a home occupation as defined in the city zoning ordinance. (3) One fascia or freestanding identification sign of not more than eight (8) square feet in area for each street frontage for an apartment or townhouse complex. (4) Signs up to 24 square feet may be allowed by sign permit for churches, schools, libraries, community centers or any other institution. Signs from 25 to 32 square feet shall only be allowed by conditional use permit. Such signs shall not exceed six feet in width. Section 2. Section 36 -318 of the Maplewood Code is hereby deleted. Secs. 36 -318 - 36.328. Reserved. Section 3. This ordinance shall take effect after its passage and publication. Seconded by Councilmember Maida. Ayes - all. c. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 545 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 36 RELATING TO CONDITIONAL USE PERMITS - 12 - 6/27 The Maplewood City Council hereby ordains as follows: Section 1. Section 36 -437 of the Maplewood Code is hereby amended to read as follows: (8) Signs larger than 24 square feet, but not exceeding 32 square feet in area for institutions in any residential district. (9) Planned unit developments (PUD). Section 2. This ordinance shall take effect after its passage and publication. Seconded by Councilmember Maida. Ayes - all. 5. Bike Ordinance - Second Reading a. Manager Evans presented the staff report. b. Councilmember Maida introduced the following resolution and moved its adoption: ORDINANCE NO. 546 AN ORDINANCE REGULATING THE OPERATION OF BICYCLES THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN: ARTICLE 8 Operation of Bicycles Section 18 -228 Traffic Laws Apply. Every person operating a bicycle shall have all of the rights and duties applicable to the driver of any other vehicle by this chapter, except in respect to those provisions in this chapter relating expressly to bicycles and in respect to those provisions of this chapter which by their nature cannot reasonably be applied to bicycles. Section 18 -228 Manner and number of riding. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped, except (a) on a baby seat attached to the bicycle, provided that the baby seat is equipped with a harness to hold the child securely in the seat and that protection is provided against the child's feet hitting the spokes of the wheel or (b) in a seat attached to the bicycle operator. Section 18 -229 Clinging to vehicles. No person riding upon any bicycle, coaster, roller skates, toboggan, sled, skateboard, or toy vehicle shall attach the same or himself to any vehicle upon a roadway. Section 18 -230 Riding on, Roadway. (A) Every person operating a bicycle upon a roadway shall ride as close as practicable to the right -hand curb or edge of the roadway except under any - 13 - 6/27 of the following situations: (i) When overtaking and passing another vehicle proceeding in the same direction. (ii) When preparing for a left turn at an intersection or into a private road or driveway. (iii) When reasonably necessary to avoid conditions, including fixed or moving objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make it unsafe to continue along the right -hand curb or edge. (B) Persons riding bicycles upon a road shall not ride more than two abreast and shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride in a single lane. (C) A person operating a bicycle upon a sidewalk, or across a roadway on a crosswalk shall yeild the right of way to any pedestrian and shall give an audible signal when necessary before overtaking and passing any pedestrian. A person lawfully operating a bicycle on a sidewalk, or across a roadway on a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances. Section 18 -231 Carrying articles. No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars or from properly operating the brakes of the bicycle. Section 18 -232 Turning and lane changes. An arm signal to turn right or left shall be given continously during the last 100 feet traveled by the bicycle before turning unless the arm is needed to control the bicycle, and shall be given while the bicycle is stopped waiting to turn. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Phone system a. Manager Evans,presented,the staff report. b. Mayor Greavu moved to approve a budget transfer of $3,900 from the Conti Fund to cover the cost of iring a consultant to review the City's needs reg a p one system. Seconded by Councilmember Maida. Ayes - all. 2. Conditional Use Permit Renewal - 2091 Hazelwood - 14 - 6/27 a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 6 - 103A WHEREAS, Donna Mundon initiated a conditional use permit for a home occupation at the following described property: Lot one, block one, Hazel Estates This property is also known as 2091 Hazelwood Street, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Donna Mundon, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was originally approved by the Maplewood City Council on March 10, 1977. 3. The Maplewood Council held a regular meeting on June 27, 1983 to re- consider this conditional use permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit renewal be approved on the basis of the following findings of fact: 1. There have not been any complaints received in the last year. 2. All previous conditions of approval are being met. Approval is subject to the following conditions: 1. Students shall park at John Glenn Junior High School. 2. One five -pound fire extinguisher shall be kept in the basement "class room" area at all times. 3. This permit shall be reviewed by the Council in five years. 4. Classes shall not be held more than three nights a week. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Bastian and Maida. Nays - Councilmember Juker. J. VISITOR PRESENTATIONS. 1. Official Newspaper a. Councilmember Maida commented on the City's official newspaper. 2. Parkside Fire Department - Assessments a. Mayor Greavu moved to suspend the Rules of Procedures and take action on the Parkside Fire Department and Gountryview ogren assessments. - 15 - 6/27 Seconded by Councilmember Bastian. Ayes - all. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 6 - 104A WHEREAS, pursuant to resolution 82 -6 -80 of the City Council of Maplewood, adopted June 28, 1982 the special assessments for the construction of Adolphus Street Sanitary Sewer Project No. 81 -4 were levied against property described by County Auditors Code No. 57 49200 010 01; and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be cancelled; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Project No. 81 -4 against the property described by County Auditor's Code No. 57 49200 010 01 be and hereby is cancelled in the amount of $1,482.50. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilmember Bastian. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: 83- 6 -105B WHEREAS, pursuant to resolution 82 -6 -80 of the City Council of Maplewood, adopted June 28, 1982 the special assessments for the construction of Adolphus Street Sanitary Sewer Project No. 81 -4 were levied against property described by County Auditors Code No. 57 49200 010 02; and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be cancelled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Project No. 81 -4 against the property described by County Auditor's Code No. 57 49200 010 02 be and hereby is cancelled in the amount of $2,965.00. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilmember Bastian. Ayes - all. 3. Countryview Assessments a. City Attorney John Bannigan presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 -6 -105 WHEREAS, pursuant to the provisions of Minnesota Statutes, Chapter 429 thereof, - 16 - 6/27 as amended, the City of Maplewood on August 24, 1976, levied certain special assessments for local public improvements commonly known and numbered as Beam Avenue Assessments, Project No. 71 -15, to wit:' Parcel No. Project No. D.P. No. Utility Original Assessment 28* and 71 -15 DP 1581 Street $87,055.01 28A ** 71 -15 DP 1594 San. Sew. 58,189.97 71 -15 DP 1581 Bridge 10,893.70 71 -15 DP 1594 Str. Sew. 7,281.65 -T6 > TO T3 *Parcel No. 28, a /k /a Department of Property Taxation Code No. 57 92100 011 09 and legally described as Tract I, Registered Land Survey No. 210. * *Parcel No. 28A, a /k /a Department of Property Taxation Code No. 57 92100 011 05 and legally described as Tract E, Registered Land Survey No. 210 (Parcel No. 28A was subsequently expanded to include Department of Property Taxation Code Nos. 57 92100 010 04 (Tract D, Registered Land Survey No. 210) and 57 00310 050 30 (Miscellaneous Land) WHEREAS, the fee owners of record and Contract for Deed purchasers of Parcels No. 28 and 28A, Estate of Victor R. Fitch, etal, Country View Golf Center, Inc., and Gerald C. Mogren, Robert C. Mogren, Thomas Mogren and Gordon Kindlien, pursuant to the provisions of Minnesota Statutes, Section 429.081, as amended, timely appealed from said special assessments to the Ramsey County District Court; and WHEREAS, pursuant to its judgment entered in said assessment appeal, the Ramsey County District Court ordered vacated and cancelled those levied special assessments heretofore enumerated together with any delinquencies thereto through and including those payable with the general real estate taxes in the year 1983. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Maplewood, that those special assessments hereinabove identified be, and hereby are, vacated and cancelled together with any delinquencies thereto through and including those payable with the general real estate taxes due and payable in the year 1983. Seconded by Councilmember Maida. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: 83 -6 -106 WHEREAS, pursuant to the provisions of that judgment of the Ramsey County District Court dated, filed and entered the 31st day of July, 1980, the Maplewood City Council proposed to reassess for local public improvements commonly known and numbered as Maplewood Avenue Assessments, Project 71 -15, those parcels of real property in the amounts as more particularly described hereinafter, to- wit: Parcel No. Project No. D.P. No. Utility 28* 71 -15 DP 1581 Street 28A* 71 -15 DP 1581 Bridge - 17 - 6/27 New Assessment 30,990.45 23,537.92 -7-C 52.31 — *Parcel No. 28, a /k /a Department of Property Taxation Code No. 57 92100 011 09 and legally described as Tract I, Registered Land Survey No. 210. * *Parcel No. 28A, a /k /a Department of Property Taxation Code No. 57 92100 011 05 and legally described as Tract E, Registered Land Survey No. 210. (Parcel No. 28A was subsequently expanded to include Department of Property Taxation Code Nos. 57 92100 010 04 (Tract D, Registered Land Survey No. 210) and 57 00310 050 30 (Miscellaneous Land) NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Mapelwood, as follows: 1. That the proposed assessment set forth hereinabove is hereby accepted and shall constitute the special assessment levied against said Parcels and that each said parcel is found to benefit by the local public improvement in the amount of the assessment levied against it. 2, That the assessment for Project 71 -15 for Street and Bridge shall be payable in equal annual installments extending over a period of two (2) years; the first of the installments to be payable on or after the first Monday in January, 1984, and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption hereof. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1983. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. That the terms and provisions of Resolutions No. 76 -81- 160 -161 and 162, insofar as they are not otherwise inconsistent herewith are incorporated herein by reference. 4. That the City Clerk shall forthwith transmit a certified duplicate of this assessment to the Ramsey County Auditor to be extended on the property tax lists of said County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Maida. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 83 -6 -107 WHEREAS, pursuant to the provisions of that judgment of the Ramsey County District Court dated, filed and entered the 31st day of July, 1980, the Maplewood City Council proposes to reassess for local public improvements, commonly known and numbered as Beam Avenue Assessments, Project 71 -15, those parcels of real property in the amounts as more particularly described hereinafter, to -wit: Parcel No. Project No. D.P. No. Utility New Assessment 28* and 71 -15 DP 1594 San.Sew. 38,707.63 28A ** 71 -15 DP 1594 Str.Sew. 26,764.00 T. 63 - - 18 - 6/27 *Parcel No. 28, a /k /a Department of Property Taxation Code No. 57 92100 011 09 and legally described as Tract I, Registered Land Survey No. 210. * *Parcel No. 28A, a /k /a Department of Property Taxation Code No. 57 92100 011 05 and legally described as Tract E, Registered Land Survey No. 210. (Parcel No. 28A was subsequently expended to include Department of Property Taxation Code Nos. 57 92100 010 04 (Tract D, Registered Land Survey No. 210) and 57 00210 050 30 (Miscellaneous Land) NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Maplewood as follows: 1. That the proposed assessments hereinabove set forth are hereby accepted and shall constitute the special assessment against said parcels and that each said parcels found to benefit by the local public improvement in the amount of the assessment levied against it. 2. That the assessments for Project 71 -15 for sanitary sewer and storm sewer shall be payable in equal annual installments extending over a period of eleven (11) years, the first of the installments to be payable on or after the first Monday in January, 1984, and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption hereinabove. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1983. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. That the terms and provisions of Resolutions No. 76 -81- 160,161 and 162, insofar as they are not otherwise inconsistent herewith, are incorporated herein by reference. 4. That the City Clerk shall forthwith transmit a certified duplicate of this assessment to the Ramsey County Auditor to be extended on the property tax list of said County and such assessment shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Maida. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS 1. Tax Exempt Bonds a. Manager Evans reported on the First Time Homeowners Buyers program had more or less fallen apart. He wished to advise the Council that he was in the process of informing the State that .the City would not be interested in the First Time Homeowners Program. b. Council directed the Manager to delay sending notification to the State until after Council meets with the H.R.A. 2. Drinking Water a. Manager Evans reported on the progress of the negotiations with the St. Paul Water Department. It has been going on for over a year. He stated he still would like to contact an anti -trust attorney. - 19 - 6/27 b. Council directed the Planager to try to obtain the report that the Water D epartment had Toltz, King, etc. prepare and to also find out what anti -trust attorney costs would be. 3. Labor Negotiations Council and Manager recessed into executive session to discuss labor negotiations. M. ADJOURNMENT 9:35 P.M. �T City Clerk - 20 - 6/27