Loading...
HomeMy WebLinkAbout07.11.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 11, 1983 Council Chambers, Municipal Building Meeting No. '83 -17 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 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember. Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 83 -15 (June 27, 1983) Mayor Greavu moved to approve the Minutes of Meeting No. 83 -15 (June 27, 1983) as submitted. Seconded by Councilmember Bastian. Ayes - 4 Councilmember Anderson Abstained. D. APPROVAL OF AGENDA Councilmember Bastian moved to approve the Agenda as amended: 1. Frost Avenue 2. Junction Street 3. Parks and Recreation 4. Used Car Lots 5. Water Commission Report 6. Police Dispatcher 7. Strike H -3 Seconded by Mayor Greavu. E. CONSENT AGENDA Ayes - All. Council removed Items E -2, 3, & 4 to become Items I -5, 6 and 7.' Councilmember Bastian moved, seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda Item E -1 as recommended: 1, Approved the accounts (Part I, Fees, Services, Expenses Check register dated June 29 and 30, 1983 $294,612.31: Part II - Payroll Check dated July 1, 1983, $61,950.70) in the amount of $356,563.01. F. PUBLIC HEARINGS 7/11 1. 7:00 P.M. - Rezoning: 2300 - 2310 Hazelwood a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of 2300 - 2310 Hazelwood Street from B -C (Business- Commercial) to BC (M) (Business- Commercial Modified). The Clerk stated the hearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: "Commissioner Prow moved the Planning Commission recommend the City Council leave the zoning on this property as is, BC. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Prew, Sletten and Hejny. Nays - Commissioners Fischer, Barrett and Sigmundik." d. Mr. William J. Bergquist, Attorney representing Mr. Philip James, owner of 2300 Hazelwood, spoke against the proposed rezoning. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Philip James, 2300 Hazelwood, owner of the property Mr. Glen Mischke, owner of the property at 2310 Hazelwood g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to rezone 2300 - 2310 Hazelwood Street from BC (Business Commercial) to BC (M) (Business Commercial Modified). Seconded by Councilmember Juker. Motion failed. 26' 7:15 P.M. - Preliminary Plat: Hanover Hills Ayes - Councilmembers Anderson, Bastian and.Juker Nays - Mayor Greavu, Councilmember Maida. a. Mayor Greavu convened the meeting for a public hearing regarding approving the Hanover Hills Preliminary Plat to create six single dwelling lots on the west side of English Street, south of County Road C. b. Manager Evans presented the staff report. - 2 - 7/11 C. Director of Community Services Robert Odegard explained the need for trails. d. Director of Community Development presented the Planning Commission recom- mendation: e f 09 Commissioner Ellefson moved that the Planning Commission recommend approval of the Hanover Hills Preliminary Plat subject to the following conditions: 1. The north line of proposed lot six being realigned to the north, as shown on page B. 2. Moving the south line of proposed lot six south to coincide with the south line of the city's existing storm drainage easement (page 6). 3. Grading and drainage plans shall be approved by the City Engineer prior to final plat approval. 4. The corners of each lot shall be located by survey monument prior to the issuance of a building permit. 5. An erosion control plan shall be submitted, before any building permits are issued, which considers the recommendations of the Soil Conservation Service. Seconded by Commissioner Barrett Mayor Greavu called for proponents Mayor Greavu called for opponents Ayes - Commissioners Ellefson, Barrett, Hejny, Pellish and Sigmundik Nays - Commissioners Prew, Fischer and Whitcomb. None were heard. The following were heard: Mr. James Hanover, 869 E. County Road D (against the trail) Mr. Bob Stein, 6305 Upper 44th St., Oakdale (against the trail) Mr. Bill Hejny, 1716 Frank St. (against the trail) Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to approve the Hanover Hills Preliminary Plat subject to the following conditions: 1. The north line of proposed lot six being realigned to the north, as shown on page 8. 2. Moving the south line of proposed lot six south to coincide with the south line of the city's existing storm drainage easement (page 6). 3. Grading and drainage plans shall be approved by the City Engineer prior to final plat approval. - 3 - 7/11 4. The corners of each lot shall be located by survey monument prior to the issuance of a building permit. 5. An erosion control plan shall be submitted, before any building permits are issued, which considers the recommendations of the Soil Conservation Service. Seconded by Councilmember Bastian. Ayes - all. 3. 7:30 P.M. Variances - 1488 McKnight- Mikish a. Mayor Greavu convened the meeting for a public hearing regarding approval of lot area variances of 872 square feet for two residential lots at 1488 McKnight Road. b. Manager Evans presented the staff report. C. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: Commissioner Fischer moved the Planning Commission recommend that the City Council adopt the resolution approving the lot area variances for the two proposed lots, based on the findings that: 1. The spirit and intent of the ordinance would be met, since all other code requirements would be met for buildable lots. 2. The City has approved similar minor variances in the past for lot area. 3. A. hardship to the applicant is a result of the extra large taking of right -of -way by Ramsey County. - Also, recommend approval of the lot split to create two lots along McKnight Road subject to the following conditions: 1. Approval of lot area variances by the City Council. 2. The old home on lot one should be removed or the Fire Marshal shall be in possession of a signed release from the applicant to authorize the burning of the structure, prior to the signing of deeds by the City. 3. Prior to the signing of deeds by the City, the applicant shall grant a temporary slope easement over each lot to Ramsey County for street widening purposes. 4. If the new deeds are not recorded within six months, this approval shall become null and void and the lot split procedure would have to be repeated. _ Commissioner Hejny seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, and Whitcomb. - 4 - 7/11 d e f 9 Mr. Trione Mikish, the applicant, spoke on behalf of the proposal. Mayor Greavu called for proponents. None were heard. Mayor Greavu called for opponents. None were heard. Mayor Greavu closed the public hearing. h. Councilmember Bastian moved to approve a lot split to create two lots along McKnight Road subject to: 1. Approval of lot area variances by the City Council. 2. The old home on lot one should be removed or the Fire Marshal shall be in possession of a signed release from the applicant to authorize the burning of the structure, prior to the signing of deeds by the City. 3. Prior to the signing of deeds by the City, the applicant shall grant a temporary slope easement over each lot to Ramsey County for street widening purposes. 4. If the new deeds are not recorded within six months, this approval shall become null and void and the lot split procedure would have to be repeated. i. Councilmember Bastian introduced the following resolution and moved its adoption: 83 - 7 - 108 WHEREAS Trione Mavis Mikish applied for a variance for the following- described property: The West 178 feet of the North 81.5 feet of the North 163 feet of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 24, Township 29, Range 22, subject to McKnight Road; contains 0.67 acres more or less This property is also known as 1488 McKnight Road, Maplewood. WHEREAS, section 30 -8 of the Maplewood Code of Ordinances requires at least 10,000 square feet for a single- dwelling lot; WHEREAS, the applicant is proposing that his parcel have 9,128 square feet of lot area, requiring a variance of 872 square feet. WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on October 20, 1982. 2. This variance was reviewed by the Maplewood Planning Commission on June 20, 1983. The Planning Commission recommended to the City Council that said variance be granted. - 5 - 7/11 3. The Maplewood City Council held a public hearing on July 11, 1983, to consider this variance. 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 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: 1. The spirit and intent of the ordinance would be met since all other code requirements would be met for buildable lots. 2. The city has approved similar minor variances in the past for lot area. 3. A hardship to the applicant is a result of the extra large taking of right -of -way by Ramsey County. Approval is subject to the approval of a lot split by the City to create the proposed lots. Seconded by Councilmember Anderson. Ayes - all. j. Councilmember Bastian introduced the following resolution and moved its adoption: 83 - 7 -109 WHEREAS, Trione Mavis Mikish applied for a variance for the following- described property: The west 178 feet of the South 81.5 feet of the North 163 feet of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 24, Township 29, Range 22, subject to McKnight Road; contains 0.67 acres more or less This property is also known as 1488 McKnight Road, Maplewood. WHEREAS, section 30 -8 of the Maplewood Code of Ordinances requires at least. 10,000 square feet for a single - dwelling lot; WHEREAS, the applicant is proposing that this parcel have 9,128 square feet of lot area, requiring a variance of 872 square feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on October 20, 1982. 2. This variance was reviewed by the Maplewood Planning Commission on June 20, 1983. The Planning Commission recommended to the City Council that said variance be granted. 3. The Maplewood City Council held a public hearing on July 11, 1983, to consider this variance. Notice thereof was published and mailed pur- suant to law. All persons present at said hearing were given an oppor- tunity to be heard and present written statements. The Council also - 6 - 7/11 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: 1. The spirit and intent of the ordinance would be met since all other code requirements would be met for buildable lots. 2. The City has approved similar minor variances in the past for lot area. 3. A hardship to the applicant is a result of the extra large taking of right -of -way by Ramsey County. Approval is subject to the approval of a lot split by the City to create the proposed lots. Seconded by Councilmember Anderson. Ayes - all. 4. 7:45 P.M. - Conditional Use Permit - Kennard and Beam (Korstad) a. Mayor Greavu convened the meeting for a public hearing regarding a request for a conditional use permit to mine 72,000 cubic yards of minerals north of Beam Avenue, east of Kennard Street. b. Manager Evans presented the staff report. C. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the resolution for a conditional use permit for mineral excavation on a 14.6 acre site at the northeast corner of Beam Avenue and Kennard Street, on the basis that: 1. The use is consistent with Maplewood's codes and would not hinder future development plans. 2. Excavation and grading of the site are required to prepare for future development. Approval is subject to the following: 1. The applicant shall comply with all requirements of Section 36, Article IV of the City Code -- "Mineral and Soil Excavations and Extractions." 2. A suitable method to remove dirt from truck tires and bodies must be employed prior to exiting "onto public streets. 3. Ingress and egress to the site shall be on the existing Kennard Street pavement. 4. The applicant shall submit an erosion control plan for the City Engineer's approval, prior to the issuance of a grading permit, which incorporates the erosion control measures recommended by the District Soil Conservation Specialist. - 7 - 7/11 5. This conditional use permit shall be reviewed by the Council within one year of the approval date.- 6. In accordance with the mineral extraction ordinance, annual mineral extraction permits must be obtained from the Director of Public Works. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate the area and total acreage to be ex- cavated. 7. There shall be no explosive detonations of any kind on the site. Commissioner Ellefson seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, and 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 - 7 - 110 WHEREAS, William B. Korstad initiated a conditional use permit for mineral ex- traction at the following- described property: The Southeast one - quarter of the Northeast one - quarter of Section 3, Township 29, Range 22, less the parcel of land described as follows: Beginning at a point 460.10 feet west of the southeast corner of the northeast one - quarter of the aforesaid Section 3; thence east 460.10 feet to the aforesaid southeast corner of the aforesaid northeast one - quarter of Section 3; thence north along the east line of the northeast one - quarter of the aforesaid Section 3 to the northeast corner of the south one -half of the northeast one - quarter of the aforesaid Section 3; thence west along the north line of the south one -half of the northeast one - quarter of the aforesaid Section 3 a distance of 1320.76 feet; thence south a distance of 500 feet along the west line of the south- east one - quarter of the northeast one - quarter of the aforesaid Section 3; thence east a distance of 860.67 feet; thence south a distance of 815.43 feet to the point of beginning of the parcel:.. herein described. This property is also known as the property at the northeast corner of Kennard Street and Beam Avenue in Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by William B. Korstad, pursuant to the Maplewood Code of Ordinances. - 8 - 7/11 2. This conditional use permit was reviewed by the Maplewood Planning Commission on June 20, 1983. The Planning Commission recommended to the City Council that said permit be granted. 3. The Maplewood City Council held a public hearing on July 11, 1983, to consider this conditional use permit. 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 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 conditional use permit be approved on the basis of the following find- ings of fact: -1. The use is consistent with Maplewood's codes and would not hinder future development plans. 2. Excavation and grading of the site are required to prepare for future development. Approval is subject to the following conditions: 1. The applicant shall comply with all requirements of Section 36, Article IV of the City Code - "Mineral and Soil Excavations and Extractions." 2. A suitable method to remove dirt from truck tires and bodies must be employed prior to exiting onto public streets. 3. Ingress and egress to the site shall be on the existing Kennard Street pavement. 4. The applicant shall submit an erosion control plan for the City Engineer's approval, prior to the issuance of a grading permit, which incorporates the erosion control measures recommended by the District Soil Conservation Specialist. 5. This conditional use permit for mining shall be reviewed by the Council within one year of the approval date. 6. In accordance with the mineral extraction ordinance, annual mineral extraction permits must be obtained from the Director of Public Works. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate the area and total acreage to be ex- cavated. 7. There shall be no explosive detonations of any kind on the site. Seconded by Mayor Greavu. Councilmember Bastian moved to sus I -3 at this time. Seconded by Councilmember Anderson Ayes - all. the Rules of Procedures and hear Item Ayes - all. - 9 - 7/11 I. NEW BUSINESS 3. Rename Kennard St., No. of Beam Avenue a. Manager Evans presented the staff report recommending denial of the street name change. b. Mr. William Korstad, the applicant, explained his reasons for the street name change. C. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 7 - 111 WHEREAS, the boundaries of the City of Maplewood are not symmetrical but are generally known to the public as East Maplewood, being the 3M complex on the east side of St. Paul, and the rest of Maplewood, therefore, generally West Maplewood, and WHEREAS, each retail and office development of any size requires a desig- nation for the general public to locate, unless such developments are located directly on main thoroughfares, and WHEREAS, office and retail complexes, doctor's clinics, nursing home and apartment complexes, such as the ones to be located on the approximate 34 acres along Beam Avenue between Hazelwood Avenue and White Bear. Avenue require a designation as this general trade area covers approximately five miles, as there is no through road bisecting this area, and WHEREAS, there is no real need to extend any of the roads to the south or north because of the total barrier of Interstate 694, and WHEREAS, Maplewood West has designated this road in their advertising, brochures, aerials, and platting under the name designation of "Maplewood West Boulevard ". NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Maple- wood does hereby acknowledge this need of such designation for retail and office developments with its diverse trade area, and agree to have the road as laid out in Exhibit A attached hereto constituting the main entrance to this property to be known as and hereinafter platted as "Maplewood West Boule- vard". Seconded by Councilmember Maida. Ayes - Mayor Greavu, Council - members Anderson, Bastian ^• and Maida G. AWARD OF BIDS 1. Overlay Program Nay - Councilmember Juker - 10 - 7/11 a. Manager Evans presented staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 7 - 112 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Alexander Construction Co., Inc., in the amount of $106,732.50 is the lowest responsible bid for Bituminous Resurfacing Project No. 83 -5, 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 Councilmember Bastian. Ayes - all. 2. Sealcoat Program a. Manager Evans presented staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 7 - 113 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Midwest Paving and Recycling, Inc., in the amount of $20,522.90 is the lowest responsible bid for Bituminous Seal Coating, Project No. 83 -6, 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 Councilmember Bastian. Ayes - all. H. UNFINISHED BUSINESS 1. Plan Amendment: 905 Parkway Drive a. Manager Evans presented the staff report. b. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: Commissioner Prew moved the Planning Commission recommend approval of the resolution amending the Land Use Plan from RH to LSC 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 C. Councilmember Juker introduced the following resolution and moved its adoption: 83 - 7 - 114 WHEREAS, a proceedings for the amendment of the Maplewood Comprehensive - 11 - 7/11 Municipal Plan entitled "Plan for Maplewood" has been initiated by the City of Maplewood for a change of planned use from RH, high density residential to LSC, limited service commercial for the following generally described area: With easements; part of Lot 2 Moores Garden Lots, described as commencing at the southeast corner of said lot, thence northeasterly of the southeast line of said lot 364.08 feet to the beginning, thence continuing northeast on southeast line 208.79 feet, thence northwest at a radius more or less 98.5 feet, thence south 32 degrees 52.5 minutes west 208.5 feet, thence southeast at a radius more or less 96.95 feet to the beginning in Section 17, Township 29, Range 22 WHEREAS, the procedural history of the proposed amendment is as follows: 1. The City of Maplewood has a Comprehensive Municipal Plan entitled "Plan for Maplewood" adopted pursuant to the provisions of Minnesota Statutes, Chapter 670, Laws 1965 (the Municipal Planning Act, Minnesota Statutes Annotated, Sections 462.351 to 462.364 thereof); 2. Minnesota Statutes, Section 462.355, Subdivision 2 and 3 thereof, provide for amendment of the Comprehensive Municipal Plan or of any Section thereof; 3. An amendment of the Comprehensive Municipal Plan has been proposed by the City of Maplewood and referred to the Maplewood Planning Commission, which held a public hearing on the 2nd day of May, 1983, pursuant to Minnesota Statutes, 462.355, Subdivision 2 thereof, notice by mail and publication having been given, heard all who wished to be heard, con- sidered all written and staff reports and analysis. WHEREAS, the Maplewood City Planning Commission, having considered the testimony of those present, all written submissions to it and staff reports, recommended approval of the amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described plan amendment be approved on the basis of the following findings of fact: 1. The proposed change would not have any adverse effect on the Comprehensive Plan. 2. The proposed designation would be consistent with adjacent land uses. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Maids. Nay - Mayor Greavu 3. Battle Creek Regional Park Withdrawn from the Agenda. T. NEW BUSINESS (Continued): 1. Plan Amendment: Cope Avenue, T.H. 36 and Ariel Street - 12 - 7/11 a. Manager Evans presented the staff report. b. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: Commissioner Whitcomb moved the Planning Commission recommend approval of the resolution, amending the land use plan from RL, residential low density to RM, residential medium density and BW, business warehouse as shown on page 8 of the staff report dated June 16, 1983 Commissioner Pellish seconded. The Commission asked what the zoning and land use plan for North St. Paul designated their property. Secretary Olson said it is designated for single- family residential. Voting on the motion: Ayes - Commissioners Whitcomb, Ellefson, Fischer, Hejny, Pellish, Sigmundik Nays - Commissioners Barrett and Prew c. Mr. Clayton Parks, attorney representing the residents in the area, spoke against the plan amendment. d. The following persons voiced their opinions: Mr. James Pomush, in favor of the change Mr. Jeff Jarpe, attorney representing Hillcrest, in favor of the change. Ms. Marge Maki, 2292 No. 7th St., No. St. Paul (against) Ms. Xelma Pitzl, 2060 E. Highway 36, No. St. Paul (against) Mr. John Klooz, 2237 German St. (against) Mr. Mike Johnson, representing Del Warner (in favor) Ms. Helga Gehrke, 1917 E. Cope Avenue (against) Mr. Scott Myckleby,.2220 Craig Place (against) Mr. John Glasow, 2271 Craig Place (against) e. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 7 - 115 WHEREAS, the Maplewood City Council initiated an amendment to the Maplewood comprehensive plan to delete Cope Avenue from White Bear Avenue to the city limits. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the Maplewood City Council. - 13 - 7/11 2.. The Maplewood City Council considered said plan amendment on July 11, 1983. The council considered reports and recommenda- tions from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following finding of fact: It is not likely that this section of Cope Avenue will be built. Seconded by Councilmember Bastian. Ayes - all. 2. Waiver of Water Moratorium - Schroeder Milk a. Manager Evans presented the staff report. b. Mr. Farrell Johnson, Buetow and Associates, architects for the building expansion, spoke in favor of the request. C. Mayor Greavu moved approval of plans date stamped 6 -14 -83 for the 26 by 68 foot freezer addition to Schroeder Milk, subject to the following conditions: 1. Council waiving the construction moratorium for the applicant. 2. Approval of plans by the Board does not constitute approval of a building permit. 3. The existing paved parking lot shall be striped. 4. Directional arrows shall be provided at entrances as shown on the site plan date stamped 7- 17 -81. 5. The landscaping along the southerly lot line and at the southwest corner of the property shall be completed as previously required by the Board on 7- 28 -82. 6. The weeds on the street side of the north parking lot shall be cut and continually cut as needed. 7. All required plant materials that die shall be replaced by the owner. B. The applicant shall provide an irrevocable letter of credit in the amount of 150% of the estimated cost of the landscaping if the land- scaping has not been installed by occupancy. 9. If construction has not begun within two years of approval, Board review would have to be repeated. 10. The drainage plan shall be subject to the approval of the City Engineer. 11. A masonry trash dumpster enclosure shall be constructed meeting the specifications as required by the City Ordinance. Seconded by Councilmember Maida. Ayes - all. - 14 - 7/11 4. Holloway Avenue Reconstruction, McKnight to Beebe Rd, a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 7 - 116 WHEREAS, it is proposed to improve Holloway Avenue from Beebe Road to McKnight Road by reconstruction of the roadway, installation of storm sewer and utility appurtenances and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all con- venient speed, advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the es- timated cost of the improvement as recommended. BE IT FURTHER RESOLVED that the cost of the aforesaid work be shared with the City of North St. Paul and that the Maplewood Mayor, City Manager and City Clerk be directed to enter into a joint powers agreement for the cost sharing. Seconded by Councilmember Maida. 5. Hearing Date - I.D.A. Super Valu Stores, Inc. a. Manager Evans presented the staff report. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and.Maida Nay - Councilmember Anderson b. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 7 - 117 WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota 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 unem- ployment; (b) The City Council of the City of Maplewood (the "City") has re- ceived from Super Valu Stores, Inc., a corporation organized under the - 15 - 7/11 laws of the State of Delaware (the "Company ") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt - instrument) .(the "Bonds) pursuant to the Act; (c) Before proceeding with consideration of the request of the Company 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 Company 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. Seconded by Mayor Greavu. 7. Contract Amendment Councilmember Bastian moved to Seconded by Councilmember Juker J. VISITOR PRESENTATION None I K. COUNCIL PRESENTATION 1. Frost Avenue Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida Nay - Councilmember Bastian. this item until later on the Ayes - all. A. Councilmember Juker suggested a new detour route for the Frost Avenue construction be established. - 16 - 7/11 b. Staff will contact Ramsey County, 2. Junction Street a. Councilmember Anderson stated there is a large pot -hole on Junction Street east of Duluth Street and requested it be fixed. b. Council directed Staff to fix the pot-hole on Junction Street. 3. Parks and Recreation a. Councilmember Anderson commented on the 4th of July Celebration. He believes the Park and Recreation Commission should help out. New ideas are needed. b. Council stated ameeting should be established with the Park and Recreation Commission. 4. Used Car Lots a. Councilmember Bastian requested the zoning ordinance relating to Used Car Lots be referred to the Planning Commission for review. 5. Water Commission Report a. Councilmember Bastian stated Council had received a copy of the St. Paul Water Department report. 6. Police Dispatcher a. Mayor Greavu moved to suspend the hiring moratorium and advertise for a police dispatcher. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS (Continued) 7. Contract Amendment a. Manager Evans stated that during excavation of the storm water detention located on the Oxford property, an exceptionally high ground water table was experienced. The water table is principally supplied by a confined strata of granular water bearing soils located on the easterly embankment of the pond site. The constant flow of ground water, through the embankment, has caused slope failure to occur. We have delayed remedial actions in an attempt to have the ground water elevation reside over the past nine months. The amount of seepage and resulting erosions has not diminished. We are,.'.!thefefor-e:;=recom- mending construction of an underground drain tile system to intercept the ground water. b. Councilmember Anderson introduced the following resolution and moved its adoption: 83 7 - 118 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project No. 78 -10 and has let a construction - 17 - 7/11 contract therefore pursuant to Minnesota Statutes, Chapter 429. AND WHEREAS, it is nownecessaryand - expediant that said contract be modified and designated as Improvement Project No. 78 -10, Contract Amendment #2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Contract Amend- ment #2. Seconded by Councilmember Bastian. Ayes - all L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT Council adjourned the meeting at 10:24 P.M. to meet in closed executive session with the City Attorney regarding litigation - Oxford vs. City of Maplewood. Ci Clerk - 18 - 7/11