HomeMy WebLinkAbout07.25.83MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 25, 1983
Council Chambers, Municipal Building
Meeting No. 83- 18
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 Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
Mary Lee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes 83 -16 (July 11, 1983)
Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -16 (July 11,
1983) as submitted.
Seconded by Councilmember Maida. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
1. Construction Signs
2. Garage Signs
3. Bike Ordinance
4. Signs
5. Storm Sewer
6. Sewer Billing
7. Add Liquor License - Fiddlers to Agenda F -5
Seconded by Councilmember Anderson. Ayes - all.
E. CONSENT AGENDA
Council removed items 3, 5, 6 and 7 from the Consent Agenda to become Item 3 -EA -1,
Items 4, 5, 6, 7 - Items I -5, 6,,7 and 8.
Mayor Greavu moved, seconded by Councilmember Juker, Ayes - all, to approve the Consent
Aaenda Items 1. 2 and 4 as recommended.
1. Accounts Payable
Approved the accounts ( Part I, Fees, Services, Expenses - Check register dated
July 13, 1983 and July 14, 1983 - $426,140.03: Part II - Payroll dated July 8, 1983
$66,054.66) in the amount of $492,194.69.
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2. Time Extension: Cave's Century Addition
I. Approval of two -year time extension for the Cave's Century Addition planned unit
development, on the basis that the applicant is making satisfactory progress in
the phased development of the site.
II. Approval of a two -year time extension for that part of the Cave's Century Addition
preliminary plat which has not been final platted (Cave's Century Addition and
Cave's Century 2nd Addition). Approval is subject to the June 14, 1982 conditions
of preliminary plat approval.
E.A. 1. Time Extension - Beam Avenue to Highway 61 - Frattalone Excavation
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
83 -7 -119
WHEREAS, F.M. Frattalone Excavating, Inc. initiated a conditional use permit
for mineral excavation at the following described property:
Commencing at a point of the N line of Sec. 4 T. 29, R. 22, being 661.6 ft
W of the NE corner of sd Sec. 4, thence W along sd sec line 661.6 ft to the
NW cor of the NE 1/4 of the NE 1/4 of sd Sec. 4, S along the 1/4 1/4 line
1006 ft; thence E parallel with the N sec line NE 661 ft thence N 1006 ft
to the place beg. 15.23 acres more or less, ex that part of said tracts taken
by the State of Minn. Commencing on a point on the E line of Sec. 4, T. 29,
R. 22W being 1006 ft S of the NE cor of sd Sec. 4, thence S along Sec. line
503 ft. to the SE cor of the NE cor 1/4 of the NE 1/4 of Sec. 4, thence W.
along 1/4 1/4 sec line 1321 ft to SW cor of NE 1/4 of NE 1/4 of sd sec 4,
thence N along 1/4 1/4 line 503 ft; thence E 1322 ft to pt of beg 15.23 acres
more or less except the North 780 ft.
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit was initated by F.M. Frattalone Excavating,
Inc., pursuant to the Maplewood Code of Ordinances.
2. This conditional use permit was approved by the Maplewood City Council
on June 28, 1982, subject to the following conditions:
a. Adherence to the requirements and standards set forth in Chapter 36
Article IV (Mineral Extraction) of the City Code.
b. County Road D or Highway 61 be used exclusively for access to the
subject site.
c. In accordance with Section 36- 407(b), 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, total acreage to be excavated, quantity
of material to be removed, and specific erosion control measures.
d. All excavation shall be in accordance with each year's approved plan.
No deviations shall be allowed without prior approval from the Director
of Public Works.
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e. There shall be no explosive detonations of any kind on the site.
f. A suitable structure or method of operation must be employed to remove
excess dirt from truck bodies and tires prior to exiting onto a public
right of way.
g. A variance be granted allowing operation beyond the 30 foot zone es-
tablished in Section 36- 414(b.4) of the City Code. If the variance
is not granted, grading operations must comply with the above Code
by easing 30 feet from property lines.
h. The permit holder is responsible for acquiring any permits from other
agencies.
i. All grading shall be in accordance with the approved grading plan
prepared by Harry S. Johnson Companies, Inc. received April 28, 1982.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above
described conditional use permit be renewed on the basis that all of the original
conditions of approval are being met.
Approval is subject to:
1. Renewal of the conditional use permit by Council in five years.
2. Compliance with the original conditions of approval.
Seconded by Councilmember Maida. Ayes - all.
2. Establish Hearing Date - Industrial Revenue Note (SHARE)
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
83 - 7 - 120
RESOLUTION CALLING FOR A PUBLIC HEARING
ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
PURSUANT TO THE MINNESOTA MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT AUTHORIZING
THE PUBLICATION OF A NOTICE OF THE HEARING
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 exonomically sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of chronic unemploy-
ment;
(b) The City Council of the City of Maplewood (the "City ") has received
from a limited partnership to be formed under the laws of the State of
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Minnesota with SHARE Development :Corporation as the general partner to
be known as Medical Property Partners I, (the "Company ") a proposal that
the City assist in financing a project hereinafter described, through the is-
suance 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 wi:th-:consjderation : of the request of the Company
it is necessary for the City to hold a public hearing on the proposal pur-
suant 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 the 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
attached form of Notice of Hearing.
3. A draft copy of the proposed application to the Commissioner of Energy
and Economic 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.
4. The City Clerk is hereby authorized and directed to cause notice of
the hearing to be given one publication in the official newspaper and a news-
paper of general circulation available in the City, not less than 15 days nor
more than 30 days prior to the date fixed for the hearing, substantially in the
form of the attached Notice of Public Hearing.
Adopted by the City Council of the City of Maplewood, Minnesota, this 25th
day of July, 1983.
John C. Greavu /s/
ATTEST:
Lucille E. Aurelius /s/
City Clerk
Seconded by Councilmember Bastian. Ayes - all.
F. PUBLIC HEARINGS
1. Variance - 1913 Howard St. - Carlson, 7:00 P.M.
a. Mayor Greavu convened the meeeting for a public hearing regarding the
request of Mr. James Carlson for a twelve (12) foot setback variance from
the Holloway right -of -way for a proposed addition at 1913 Howard Street.
The Clerk stated the hearing notice was in order and noted the dates of
publication.
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b. Manager Evans presented the staff report.
c. Director of Community Development Geoff Olson presented the following Plan-
ning Commission recommendation:
Commissioner Hejny moved the Planning Commission recommend to the
City Council approval of the resolution, granting a twelve -foot side
yard setback variance for 1913 Howard, on the basis that:
1. Strict enforcement would cause undue hardship since any alternate
addition would conflict with the use of the driveway or result in
an unsuitable floor plan.
2. The variance would be in keeping with the spirit and intent of the
ordinance since the sight line along Holloway Avenue would not be
affected.
3. From an aesthetic standpoint, the proposed addition would be
attractive and compatible with the existing building.
4. The present setback of the building will not be decreased.
Commissioner Fischer seconded. Ayes - Commissioners Barrett,
Fischer, Hejny, Pellish,
Prew, Robens, Sletten,
Whitcomb
d. Mr. James Carlson, the applicant, spoke on behalf of the proposal.
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. Councilmember Bastian introduced the following resolution and moved its
adoption:
83 - 7 - 121
WHEREAS, James A. Carlson applied for a variance for the following -de-
scribed property:
The east half of Lot 1, Block 4, Hillcrest Gardens
This property is also known as 1913 North Howard Street, Maplewood;
WHEREAS, section 36 -71 of the Maplewood Code of Ordinances requires that the
side yard setback on the street side of a corner lot be at least thirty feet;
WHEREAS, the applicant is proposing a side yard setback of eighteen feet,
requiring a variance of twelve feet;
WHEREAS, the procedural history of this variance is as follows:
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1. This variance was applied for on June 10, 1983.
2. This variance was reviewed by the Maplewood Planning Commission
on July 18, 1983. The Planning Commission crecommended to the
City Council that said variance be affected.
3. The Maplewood City Council held a public hearing on July 25, 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. Strict enforcement would cause undue hardship, since any alternate
addition would conflict with the use of the driveway or result in
an unsuitable floor plan.
2. The variance would be in keeping with the spirit and intent of the
ordinance since the sight line along Holloway Avenue would not be
affected.
3. From an aesthetic standpoint, the proposed addition would be
attractive and compatible with the existing building.
4. The present setback of the building will not be decreased.
Adopted this 25th day of July, 1983.
Seconded by Councilmember Juker. Ayes - all.
I. NEW BUSINESS
1. Community Design Review Board Resignation.
a. Manager Evans presented the staff report.
b, Councilmember Bastian introduced the \following resolution and moved its
adoption.:
83 -7- 122
WHEREAS, Robert Folley became a member of the Community Design Review
Board of Maplewood on January 22, 1981, and has served faithfully in that
capacity.
WHEREAS, he has freely given of his time and energy, without compensa-
tion, for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consist -
.ently contributed his leadership and effort in many ways for the benefit of
the City.
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NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and the citizens of the City that Robert Folley is
hereby extended our heartfelt gratitude and appreciation for this dedicated
service and we wish his continued success in the future.
Seconded by Councilmember Anderson. Ayes - all.
c. Councilmember Bastian introduced the following resolution and moved its
adoption:
83 - 7 - 123
WHEREAS, Victor Lydon became a member of the Community Design Review Board
of Maplewood in August, 1980 and has served faithfully in that capacity.
WHEREAS, he has freely given of his time and energy, without compensation,
for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership and effort in many ways for the benefit of the City,
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and the citizens of the City that Victor Lydon is hereby
extended our heartfelt gratitude and appreciation for his dedicated service
and we wish his continued success in the future.
Seconded by Councilmember Anderson. Ayes - all.
F, PUBLIC HEARINGS (Continued)
2. Street Vacation - Lakewood Drive (7 :15 P,M,)
a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
vacation of Lakewood Drive between County Road D and Brenner Avenue. The Clerk
stated the hearing notice is 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 Hejny moved the Planning Commission recommend to the City
Council approval of the resolution, to vacate the Lakewood Drive right -of-
way from County Road D, south to Gall Avenue.
The following conditions mgst be satisfied before the resolution for vacation
may be recorded with Ramsey County.
1, Removal of the existing asphalt and reseeding the right -of -way. In
order to assure the satisfaction of this condition, a developer's
agreement with a surety for 150 percent of the estimated cost, shall
be submitted to the city engineer.
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2. The first layer of asphalt must be laid for the extension of Gall
Avenue to the east, as proposed in Robert Tilsen's Maplewood Heights
#11 preliminary plat..
Commissioner Barrett seconded,
Ayes - Commissioners Barrett,
Fischer, Hejny, Pellish,
Prew, Robens, Sletten,
Whitcomb
Commssioner Hejny moved the planning Commission recommend to the City
Council approval of the resolution, vacating the Lakewood Drive right -of-
way between Gall and Brenner Avenues, subject to retention of a utility
and drainage easement over the entire right -of -way to be vacated.
The following conditions must be satisfied before the resolution may be
recorded:
1. Enter into a developer's agreement and post a 150 percent surety for
the removal of the temporary asphalt curb and gutter and to install
a permanent concrete curb and gutter along the north line of the
intersection of Lakewood Drive and Brenner Avenue,
2. Deeding the parcel, lying west of this right -of -way and north of the
park in Robert Tilsen's Maplewood Heights #9, to the land owner to
the north or to the city to be included with the park property to
the south. A public utility and drainage easement shall be granted
over the easterly twenty feet.
Commissioner Fisher seconded. Ayes - Commissioners Barrett,
Fischer, Hejny, Pellish,
Prew, Robens, Sletten,
Whitcomb,
d. Mr. James Tilsen, Tilsen Construction Co. spoke on behalf of the proposal.
e. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following voiced their opinions:
Mr. Tony Bruno, 2370 Gall Avenue
Mr. Clyde Jones, 2360 Gall Avenue
Mr. Tom Morris, 2324 Gall Avenue
f. Councilmember Bastian moved to table Item F -2 until after Item F -3 had been
discussed.
Seconded by Councilmember Juker.
Ayes - all.
3. P.U.D. Preliminary Plat - Tilsen's 11th Addition (7:15 P.M.)
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Tilsen Homes, Inc. for approval of a planned unit development and preliminary
plat for a development of 36 double dwelling units and a single dwelling located
on the south side of County Road D between Lakewood Drive and Bellaire Avenue.
The Clerk stated the hearing notice was in order and noted the dates of publication.
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b. Manager Evans presented the staff report.
c. Director of Community Development Geoff Olson presented the following Planning
Commission recommendation:
Commissioner Hejny moved the Planning Commission recommend to the
City Council approval of the resolution, approving Robert Tilsen's Maple-
wood Heights #11 planned unit development, subject to:
T. Construction beginning within one year.
2. The northerly twenty feet of lots one through twelve, block one shall be
landscaped, prior to issuance of any occupancy permit for the block.
The landscaping shall provide a protective screen of at least eighty
percent opaqueness, six feet in height.
3. The corners of each lot shall be identified by land survey monument
prior to the issuance of any occupancy permit within block one, within
lots one through thirteen of block two and within lots fourteen through
twenty -five of block two.
4. The footings for each structure shall also be pinned and flagged for
inspection, prior to the foundations being laid, to assure that the com-
mon walls are located exactly on the common lot lines.
5. Adherence to the preliminary plat received by the city on July 6, 1983,
subject to changes approved by the City,
Commissioner Pellish seconded. Ayes - Commissioners Barrett,
Fischer, Hejny, Pellish,
Prew, Robens, Sletten,
Whitcomb.
Commissioner Pellish moved the Planning Commission recommend to the City
Council approval of Robert Tilsen's Maplewood Heights #11 preliminary plat
received by the city on July 6, 1983, subject to the following conditions:
I. Approval of the planned unit development by the same name.
2. Council authorizing the vacation of Lakewood Drive from Brenner Avenue
to County Road D. Final plat approval shall not be granted until a
developer's agreement is submitted for the easterly extension of Gall
Avenue and the removal and reseeding of Lakewood Drive north of Gall
Avenue.
3. Council ordering the construction of a storm sewer, west along Gall Avenue
prior to final plat approval. If the project is not ordered, approval
must be obtained from the City Engineer for a drainage plan to enlarge
the existing facilities, including the pond west of Lakewood Drive at
Brenner Avenue.
4. City Engineer approval of final grading, utility and drainage plans.
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5. Submittal of a developer's agreement for street and utility construction.
6. Submittal of an acceptable erosion control plan before any building
permits are issued, which considers the recommendations of the Soil
Conservation Service.
7. The easterly fifty feet of Lot 25, Block 2, shall be shown as Bellaire
Avenue right -of -way on the final plat.
8. The park lying south of the proposed plat, shall be vacated prior to
final plat approval.
9. The park property lying to the south shall be included in the subject
plat. That part of the "park" property to be combined with the single
dwellings to the south shall be platted as outlots. The remainder of
the "park" property shall be included as part of the lots in the proposed
plat.
10. Prior to final plat approval, deeds shall be submitted to the city for
recording, for the combination of any of the "park" property with the
abutting single - dwelling lots to the south. All costs associated with
the land transfers and combination shall be borne by the developer and
included in the developer's agreement for Robert Tilsen's Maplewood
Heights #11. Each of the deeds shall include a deed restriction stating
that "separation of the properties described in this instrument shall not
be permitted unless authorized by the City of Maplewood."
Commissioner Barrett seconded. Ayes - Commissioners Barrett,
Fischer, Hejny, Pellish,
Prew, Robens, Sletten,
Whitcomb,
d. Mr. James Tilsen, Tilsen Homes, Inc., spoke on behalf of the proposal.
e. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following were heard and voiced their opinions:
Mr. Clyde Jones, 2360 Gall Avenue
Mr. Jim Handrahan, 2300 Gall Avenue
Mr. Tony Bruno, 2370 Gall Avenue
Mr. Al Madson, 2373 Gall Avenue
Mr. Tom Morris, 2324 Gall Avenue
Mr. Bob Tilsen, Tilsen Construction
questions.
Company, answered the area residents'
f. Mayor Greavu closed the public hearing.
g. Councilmember Bastian introduced the following resolution and moved its adoption:
83 -7 -124
WHEREAS, Tilsen Homes, Inc. initiated a conditional use permit for a planned -
unit development at the following- described property:
That part of the NE ; of Sec. 1, T. 29, R. 22, Ramsey County, Minnesota,
lying North of the Plat of ROBERT TILSEN'S MAPLE1400D HEIGHTS NO. 9, and
lying Southerly of the southerly line of County Road "D ", together with
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that part of the Park as platted on ROBERT TILSEN'S MAPLE1400D HEIGHTS NO. 9
lying North of Lot 15, Block 6 and lying East of the Northerly extension
of the west line of said Lot 15.
WHEREAS, the procedural history of this conditional use permit is as follows:
1. The conditional use Permit was initiated by Tilsen Homes, Inc.,
pursuant to the Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Planning
Commission on July 18, 1983. The Planning Commission recommended to
the City Council that said permit be approved.
3. The Maplewood City Council held a public hearing on July 25, 1983, to
consider this request. 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.
NON, THEREFORE, BE IT RESOLVED BY THE MAPLEIWOOD 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 in conformity with the City's Comprehensive Plan and with
the purpose and standards of chapter 36 -442 of the City Zoning Code.
2. The establishment or maintenance of the use would not be detrimental
to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be
compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to present
and potential surrounding land uses, due to noises, glare, smoke,
dust, odor, fumes, water pollution, water runoff, vibration, general
unsightliness, electrical interference or other nuisances.
6. The use would generate only minimal vehicular traffic on local streets
and would not create traffic congestion, unsafe access or parking needs
that would cause undue burden to the area properties.
7. The use would be served by essential public services, such as streets,
police, fire Protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at public
cost for public facilities and services; and would not be detrimental
to the welfare of the city.
9. The use would preserve and incorporate the site's natural and scenic
features into the development design.
10, The use would cause minimal adverse environmental effects.
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Approval is subject to:
1. Construction starting within one year.
2. The northerly twenty feet of lots one through twelve, block one, shall
be landscaped prior to issuance of any occupancy permit for the
block, to provide a protective screen of at least eighty percent
opaqueness and six feet in height.
3. The corners of each lot shall be identified by land survey monument
prior to the issuance of any occupancy permit within block one,
within lots one through thirteen of block two and within lots.fourteen
through twenty -five of block two.
4. The footings for each structure shall also be pinned and flagged for
inspection, prior to the foundations being laid, to assure that the
common walls are located exactly on the common lot lines.
5. Adherence to the preliminary plat received by the city on July 6, 1983,
subject to changes approved by the city.
Seconded by Councilmember Anderson. Ayes - all.
h. Councilmember Bastian moved approval of Robert Tilsen's Maplewood Height's
#11 preliminary plat received by the eity'on July 6 1983, subject to the followi
conditions:
1. Approval of the planned -unit development by the same name.
2. Council authorizing the vacation of Lakewood Drive from Brenner Avenue
to County Road D. Final plat approval shall not be granted until a
developer's agreement is submitted for the easterly extension of Gall
Avenue and the removal and reseeding of Lakewood Drive north of Gall
Avenue.
3. The storm sewer system plan shall make use of the existing detention
pond on Lakewood Drive. The existing system shall be modified to
accomodate the additional drainage as approved by the City Engineer.
4. City Engineer approval of final grading, utility and drainage plans.
5. Submittal of a developer's agreement for street and utility construction.
6. Submittal of an acceptable erosion control plan before any building
permits are issued, which considers the recommendations of the Soil Con-
servation Service.
7, The easterly fifty feet of Lot 25, Block 2, shall be shown as Bellaire
Avenue right -of -way on the final plat.
8. The park lying south of the proposed plat, shall be vacated prior to
final plat approval.
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9. The "park" property lying to the south shall be included in the subject
plat. That part of the "park" property to be combined with the single
dwelling lots to the south shall be platted as out lots. The remainder
of the "park" property shall be included as part of the lots in the
proposed plat.
10. Prior to final plat approval, deeds shall be submitted to the city for
recording, for the combination of any of the "park" property with the
abutting single - dwelling lots to the south. All costs associated with
the land transfers and combination shall be borne by the developer and
included in the developer's agreement for Robert Tilsen's Maplewood
Height's #11. Each of the deeds shall include a deed restriction
stating that "separation of the properties described in this instru-
ment shall not be permitted unless authorized by the City of Maplewood."
Seconded by Councilmember Anderson. Ayes - all
2. Street Vacation: Lakewood Drive (7:15 P.M.) Continued
g. Mayor Greavu closed the public hearing.
h. Mayor Greavu introduced the following resolution and moved its adoption:
83 -7- 125
WHEREAS, the City of Maplewood initiated proceedings to vacate the public
interest in the following- described real property:
I
Lakewood Drive between the south right -of =way line of County Road D
and the easterly extension of the south line of the following- described
parcel: Except the south 30 feet, the south 152.5 feet of the north
330,45 feet of the east 164.2 feet of the NW 1/4 of the NW 1/4, subject
to roads and easements in Section 1, Township 29, Range 22,
WHEREAS, the procedural history of this vacation is as follows:
1, This vacation was initiated by Tilsen Homes, Inc, June 1, 1983;
2, This vacation was reviewed by the Planning Commission on July 18,1983.
The Planning Commission recommended to the City Council that this
vacation be approved;
3, The City Council held a public hearing on July 25, 1983, to consider
this vacation.. Notice thereof was published and mailed pursuant to
law. All persons present at this hearing were given an opportunity
to be heard and present written statements. The Council also con-
sidered reports and recommendations of the city staff and Planning
Commission.
WHEREAS, upon vacation of the above - described street vacation, public
interest in the property will accrue to the followina described abutting
properties:
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1. The east 164.20 feet of the north 177.95 feet of the NW 1/4 of the
NW 1/4, subject to roads and easements in Section 1, Township 29,
Range 22. Also known as 2370 County Road D East.
2. Except the North 177.95 feet, the north 330.45 feet of the east
164.2 feet of the NW 1/4 of the N14 1/4, subject to roads and easements
in Section 1, Township 29, Range 22, also known as 2373 Gall Avenue.
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in
the public interest to grant the above - described vacation on the basis of the
following findings of fact:
1. It would not be in the public interest to retain this right -of -way
because construction would be cost - prohibitive.
2. All abutting developable land can be accessed more cost - effectively
through the easterly extension of Gall Avenue.
3. Vacation eliminates the potential for undesirable double- fronting lots.
This vacation is subject to the retention of a drainage and utility easement over
the entire vacated right -of -way.
Seconded by Councilmember Maida. Ayes - all.
i. Mayor Greavu introduced the following resolution and moved its adoption:
83- 7- 126
WHEREAS, City of Maplewood initiated 'proceedings to vacate the public interest
in the following- described real property:
1. Lakewood Drive, as dedicated in Robert Tilsen's Maplewood Height's #9
lying north of the northwesterly extension of the north right -of -way
line of East Brenner Avenue, and
2. That portion of Lakewood Drive lying between the easterly extension
of the north and south lines of the following- described property:
except the north ten feet, the north 217 feet of the west 150 feet
of the east 170 feet of the south 1103.69 feet of the NW 1/4 of the
NW 1/4 in Section 1, Township 29, Range 22.
WHEREAS, the procedural history of this vacation is as follows:
1. This vacation was initiated by Tilsen Homes, Inc. June 1, 1983;
2. This vacation was reviewed by the Planning Commission on July 18, 1983.
The Planning Commission recommended to the City Council that this
vacation be approved;
3. The City Council held a public hearing on July 25, 1983, to consider
this vacation. Notice thereof was published and mailed pursuant to
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law. All persons present at this 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.
WHEREAS, upon vacation of the above - described street vacation, public
interest in the property will accrue to the following- described abutting
properties:
1. The north 217 feet of the west 150 feet of the east 170 feet of the south
1103.69 feet of the N41 1/4 of the NW 1/4, subject to roads and easements
in Section 1, Township 29, Range 22, also known as 2370 Gall Avenue.
2. Park property dedicated to the City of Maplewood with Robert Tilsen's
Maplewood Heights #9, lying west of Lakewood Drive right -of -way.
3. Park property dedicated to the City of Maplewood with Robert Tilsen's
Maplewood Heights #9, lying east of Lakewood Drive right -of -way and
north of lots 1 -15, Block 6, Section 1, Township 29, Range 22.
4. Lot 1, Block 6, Robert Tilsen's Maplewood Heights #9.
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in
the public interest to grant the above- described vacation on the basis of the
following findings of fact:
1. It would not be in the public interest to retain this right -of -way
because construction would be cost - prohibitive.
2. All abutting developable land can be accessed more cost - effectively
through the easterly extension of Gall Avenue.
3. Vacation eliminates the potential for undesirable double- fronting lots.
This vacation is subject to the retention of a drainage and utility easement
over the entire vacated right -of -way.
Seconded by Councilmember Maida. Ayes - all.
4. Industrial Revenue Bonds - St. John's (7:30 P.M.)
A. Mayor Greavu convened the meeting for a public hearing regarding a request
of St. John's Hospital for a $53,000,000 Industrial Revenue Bond for acquisition
of land and the construction and equipping of an approximate 223,000 square foot
acute care hospital and related health care facilities to be located at the north-
east corner of Beam and Hazelwood and to advance refund the outstanding $2,400,000
Housing and REdevelopment Authority Revenue Bonds. The Clerk stated the hearing
notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. ,Mr. Mike Monson, Mr, Gary French and Mrs. Mary Alice Lightte, Health Resources,
spoke on behalf of the proposal.
,d. Mayor Greavu called for proponents. None were heard.
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e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its
adoption:
33 - 7 - 127
RESOLUTION RECITING A PROPOSAL FOR A
MEDICAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF ENERGY, PLANNING AND
DEVELOPMENT OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION I4ITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota
Municipal Industrial Development Act (the "Act ") as found and determined by the
legislature is to promote the welfare of the state by the active attraction and
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 Act further states in Section 474.01, Subdivision a, that the welfare
of the state requires the provision of necessary medical and health care facili-
ties, to the end that adequate health care services be made available to residents
of the state at reasonable costs;
(c) Factors necessitating the active promotion and development of such medical
and health care facilities are the increasing concentration of population in the
metropolitan areas and the rapidly rising increase in the amount and cost of medi-
cal and health care services required to meet the needs of the increased population;
(d) The City Council of the City of Maplewood, Minnesota ( "the City ") has
received from Health Resources Hospital Corporation, a corporation organized
under the laws of the State of Minnesota (the "Company") a proposal that the City
undertake to finance a Project hereinafter described, through the issuance of a
Revenue Bond or Bonds (the "Revenue Bonds ") pursuant to the Act;
(e) The City desires to facilitate the selective development of the community,
retain and improve the tax base and help to provide the range of services and
employment opportunities required by the population; and the Project will assist
the City in achieving those objectives. The financing of the project will provide
substantial inducement for the continuation of the medical operations of the
-Company in the City and surrounding areas and will help to increase assessed
Valuation of the City and surrounding areas and help maintain a positive rela-
tionship between assessed valuation and debt and enhance the image and reputation
of the community;
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M The Company is currently engaged in the business of providing medical
and health care services in the community primarily in the operation of non- profit
hospitals. The 'proposed project shall consist of the acquisition of land the 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, to advance refund the
outstanding $2,400,000 Housing and Redevelopment Authority of the City of St.
Paul, Minnesota Commercial Development Revenue Bonds, Series 1982 (St. John's
Hospital Project) and to refinance certain existing debt of the Company to to
renovate and provide equipment for the Company's Existing hospital (St. John's
Hospital) located at 403 Maria Avenue, St. Paul, Minnesota;
(g) The City has been advised by representatives of Company that conventional,
commercial financing to pay the capital cost of the Project is available only on
a limited basis and at such high costs of borrowing that the economic feasibility
of operating the Project would be significantly reduced, but Company has also
advised this Council that with the aid of municipal financing, and its resulting
low borrowing cost, the Project is economically more feasible;
(h) The City has been further advised by representatives of the Company that a
reduction in debt service charges to patients and third pary payors will occur as
a result of such refinancing, and that reductions in debt service charges pursuant
to the refinancing will be passed on to patients and third party payors;
(i) Pursuant to a resolution of the City Council adopted on June 27, 1983,
a public hearing on the Project was held on July 25, 1983, after notice was
puHlished, and materials made available for public inspection at the office of the
City Clerk, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b
at which public hearing all those appearing who so desired to speak were heard;
(j) No public official of the City has either a direct or indirect financial
interest in the Project nor will any public official either directly or indirectly
benefit financially from the Project.
N0147 THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. The Council hereby gives preliminary approval to the proposal of Company
that the City undertake the Project pursuant to the Minnesota Municipal In-
dustrial Development Act (Chapter 474, Minnesota Statutes), consisting of
the acquisition, construction and equipping of facilities within the City
and renovation of a facility adjacent to the City pursuant to Company's
specifications suitable for the operations described above, the refinancing
of certain indebtedness of the Company and the advance refunding of the
Company's Outstanding St. Johns Hospital Project Bonds and pursuant to a
revenue agreement between the City and Company upon such terms and conditions
with provisions for revision from time to time as necessary, so as to produce
income and revenues sufficient to pay, when due, the principal of and interest
on the Revenue Bonds in the maximum aggregate principal amount of $53,000,000
to be issued pursuant to the Act for the above stated purposes; and said
agreement may also provide for the entire interest of Company therein to be
mortgaged to the purchases of the Revenue Bonds; and the City hereby under -
takes preliminarily to issue its Revenue Bonds in accordance with such terms
and conditions;
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2, On the basis of information available to this Council it appears, and
the Council hereby finds, that the Project constitutes properties, real and
personal, used or useful in connection with one or more revenue producing
enterprises engaged in providing health care services within the meaning of
Subdivision Ic of Section 474.02 of the Act and is a hospital or nursing
home facility of a non - profit hospital or nursing home as required by
Section 474.03 (3) of the Act; that the Project furthers the purposes stated
in Section 474.01 of the Act, that the availability of the financing under the
Act and willingness of the City to furnish such financing will be a sub-
stantial inducement to Company to undertake the Project, and that the effect
of the Project, if undertaken, will be to reduce debt service charges to
patients and third party payors, to cause reduction in debt service charges
pursuant to this program to be passed on to patients and third party payors,
to help prevent chronic unemployment, to help the City retain and improve
the tax base and to provide the range of service and employment opportunities
required by the population, to help prevent the movement of talented and
educated persons out of the state and to areas within the State where their
services may not be as effectively used, to promote more intensive development
and use of land within and adjacent to the City and eventually to increase
the tax base of the community;
3. The Project is hereby given preliminary approval by the City subject to
the approval of the Project by the Minnesota Commissioner of Energy, Planning
and Development or such other state office having authority to grant approval
and subject to final approval by this Council, the Company, and the purchaser
of the Revenue Bonds as to the ultimate details of the financing of the Project;
4, In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes,
the Mayor of the City is hereby authorized and directed to submit the proposal
for the Project to the Commissioner of Energy, Planning and Development,
requesting his approval, and other officers, employees and agents of the City
are hereby authorized to provide the Commissioner with such preliminary in-
formation as he may require;
5, Company has agreed and it is hereby determined that any and all costs
incurred by the City in connection with the financing of the Project whether
or not the Project is carried to completion and whether or not approved by the
Commissioner will be paid by Company;
6, .Briggs and Morgan, Professional Association, acting as bond counsel,
are authorized to assist in the preparation and review of necessary documents
relating to the Project, to consult with the City Attorney, Company and the
purchaser of the Revenue Bonds as to the maturities, interest rates and other
terms and provisions of the Revenue Bonds and as to the covenants and other
provisions of the necessary documents and to submit such documents to the
Council for final approval;
7. Nothing in this resolution or in the documents prepared pursuant hereto
shall authorize the expenditure of any municipal funds on the Project other
than the revenues derived from the Project or otherwise granted to the City
for this purpose. The Revenue Bonds shall not constitute a charge, lien
or encumbrance, legal or equitable, upon any property or funds of the City
except the revenue and proceeds pledged to the payment thereof, nor shall
- 18 - 7/25
the City be subject to any liability thereon, The holder of the Revenue Bonds
shall never have the right to compel any exercise of the taxing power of the
City to pay the outstanding principal on the Revenue Bonds or the interest
thereon, or to enforce payment thereof against any property of the City.
The Revenue Bonds shall recite in substance that the Revenue Bonds including
interest thereon, are payable solely from the revenue and proceeds pledged
to the payment thereof, The Revenue Bonds shall not constitute a debt of the
City within the meaning of any constitutional or statutory limitation;
8, in anticipation of the approval by the Commissioner of Planning, Energy
and Developmn't and the issuance of the Revenue Bonds to finance all or a
pportion of the Project, and in order that completion of the Project will not
be unduly delayed when approved, Company is hereby authorized to make such
expenditures and advances toward payment of that portion of the costs of the
Project to be financed from the proceeds of the Revenue Bonds as Company
considers necessary, including the use of interim, short -term financing,
subject to reimbursement from the proceeds of the Revenue Bonds if and when
delivered but otherwise without liabil ity on the part of the City;
9, The actions of the City Clerk in causing public notice of the public
hearing and in describing the general nature of the Project and estimating
the principal amount of the Revenue Bonds to be issued to finance the Project
and in preparing a draft of the proposed application to the Commissioner of
Planning, Energy and Development, State of Minnesota, for approval of the
Project, which has been available for inspection by the public at the City
Nall from and after the publication of notice of the hearing, are in all
respects ratified and confirmed.
Seconded by Councilmember Bastian.. Ayes - all.
5. Liquor License Fiddler's 7;45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mark Robert Hanson for aporoval of a On -Sale Liquor License to be known as
The Fiddler's Deli, 3035 White Bear Avenue. The Clerk stated the hearing
notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Mr. Mark Hanson, the applicant, spoke on behalf of his request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. ?lone were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmemher Bastian introduced the following resolution and moved its
adoption:
33 -7- 128
Notice Is Hereby Given, that pursuant to action by the City Council of
Maplewood on July 25, 1983 an On -Sale Intoxicating Liquor License was approved
for Mark Robert Hanson dba Fiddler's Deli, 3035 White Bear Avenue.
The Council proceeded in this matter as outlined under the provisions
of the City Ordinances.
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Seconded by Councilmember Maida. Ayes - All.
Councilmember Anderson moved to amend'the',Agenda to hear J - Visitor Presentation
at this time.
Seconded by Councilmember Juker, Ayes - All.
J. Visitor Presentation
1. Mr. Joseph Bloyer, 1467 Frost Avenue,
a. Mr. Joseph Bloyer, 1467 Frost and Mr. Sampson,1503 Frost, both commented
on the fact that Frost Avenue has not been closed and they are not getting
access to their property as promised, They would just as soon have the
road closed completely.
b. Mr. Wayne Leonard, Project Engineer for Ramsey County, explained the time
schedule for Frost Avenue.
c. Councilmember Juker moved that Frost Avenue be closed from White Bear
Avenue to Birmingham-Street to all- traffic "e_xcebt: emerdencv vehicles and
Seconded by Councilmember Anderson.
Ayes - All.
2. Councilmember Juker commented on the construction of Holloway Avenue and
questioned if those residents are experiencing the same problems as the
residents on Frost Avenue,
Engineering Department will investigate.
H. Unfinished Business
1. Hazelwood Avenue Construction
a. Director of Public Works Ken Haider presented the staff report.
Councilmember Juker moved to extend the meeting past the deadlines.
Seconded by Councilmember Anderson.
Ayes - All.
Councilmember Juker moved to amend the Agenda and discuss Item 1 -7 at this time.
Seconded by Mayor Greavu.
1. New Business
Ayes - All.
7, Assessment Hearing: Frost Avenue
a. Manager Evans presented the staff report.
b, Councilmember Anderson introduced the following resolution and moved its
adoption.
- 20 - 7/25
83 -7 -129
WHEREAS, the City Clerk and City Engineer have present the final
figures for Improvement No. 82 -9, Frost Avenue Reconstruction from Birmingham
Street to White Bear Avenue.
NOW, THEREFORE, BE IT RESOLVED 3Y 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.
Seconded by Mayor Greavu. Ayes - All.
c. Councilmember Anderson introduced the following resolution and moved its
adoption.
83 -7 -130
WHEREAS, the Clerk and the Engineer have, at the direction of the
Council, prepared an assessment roll for the construction of Frost Avenue
Reconstruction from Birmingham Street to White Bear Avenue, Improvement
82 -9, 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 11th day of August, 1983, at
John Glenn Junior High School 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
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.
Seconded by Mayor Greavu. Ayes - All.
Unfinished Business (continued)
1. Hazelwood Avenue Reconstruction
a. Manager Evans presented supplimental information to the previously submitted
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feasibility study as requested by the City Council.
The supplement is a result of future study regarding alternate street width
designs and an expanded storm sewer systems consideration.
We request that the City Council accept this report and order a public
hearing on August 11, 1983. Due to the number of affected property owners,
we recommend that the hearing be held at John Glenn Junior High School.
b. Mayor Greavu moved to cancel the hearing for the Hazelwood Avenue reconstru
scheduled for August 11, 1983.
Seconded by Councilmember Bastian. Ayes - All.
2. Code Amendment: Minimum Floor Areas
a. Manager Evans presented the staff report.
tion
b. Mayor Greavu moved first reading of an ordinance amending the code regarding
minimum floor areas.
Seconded by Councilmember Maida Ayes - Mayor Greavu
Councilmembers Anderson, Maida,
and Bastian
Nay - Councilmember Juker
c. Councilmember Bastian moved to reconsider the vote on the code amendment for
minimum floor areas.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Bastian and Maida
Nays - Councilmembers Anderson and
Juker
Motion failed.
I. New Business (continued)
2. Time Extension: English St. Townhouses
a. Manager Evans presented the staff report.
b. Mayor Greavu moved cancellation of the planned unit development and pre-
liminary plat approvals for the English Street Townhouse development, on the
basis that:
1. Substantial physical activity and investment has not occurred in reasonable
reliance on the approved application.
2. A good faith effort has not been make to comply with the conditions of
approval.
3. Cancellation of the approvals will not cause the subdivider to suffer
substantial financial damage.
4. The property owners have not requested a time extension. A letter was sent
notifying them of the need for an extension. No reply was received.
- 22 - 7/25
Seconded by Councilmember Bastian. Ayes - All.
3. Rock Concert Ordinance (First Reading)
a. City Attorney Pat Kelly presented the staff report and,
b. Mayor Greavu moved first reading of an ordinance establishing guidelines
for Rock Concerts as amended.
Seconded by Councilmember Anderson. Ayes - All.
4. Dog Ordinances (First Reading)
a. Manager Evans presented the staff report.
b. No action taken.
5. Water Main, Sanitary Sewer - County Road D
a. Manager Evans stated the developer of the property on the north side
of County Road D approximately 500' West of White Bear Avenue wishes to
extend sewer and street for service connections. The construction would be
done by and paid for by the developer.
Since there is no initial cost to the City it is recommended the City
Council authorize staff to execute an agreement with the developer to
allow construction of public sewer and water.
b. Mayor Greavu moved to authorize the staff to execute an agreeme
with the developer to allow construction of public sewer and wa
Seconded by Councilmember Bastian. Ayes - All.
6. Contract Amendment No. 3 Project 78 -10
a. Manager Evans stated during the excavation of the storm water detention
basin located on the Oxford property, an exceptionally high perched ground
water table was experienced. The water table is above the design pond
bottom which has a uniform flat bottom sloping from the inlets to the outlets
at'a constant grade. Due to the continuous saturated soils at the invert
the contractor has been unable to finish grading the bottom. The bottom,
therefore, has low areas that will continuously retain water thus prohibiting
establishment of vegetation.
In order to provide a dry bottom basin, fill material is required to raise
the finished grade above the ground water. Shallow swales will also be
graded throught the center-.of the pond between the inlet piping and outlet
piping to provide for low flow channelization.
The recommended work results in an additional cost to the project of $13,050.00.
b. Mayor Greavu introduced the following resolution and moved its adoption.
83 - 7 131
WHEREAS, the City Council of Maplewood, Minnesota has heretofore
- 23 - 7/25
ordered made Improvement Project No. 78 -10 and has let a construction
contract therefore pursuant to Minnesota Statutes, Chapter 429.
AND WHEREAS, it is now necessay and expedient that said contract
be modified and designated as Improvement Project No. 78 -10, Contract
Amendment #3.
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
Amendment #3.
Seconded by Councilmember Juker. Ayes- All.
K. Council Presentation
1. Construction Times
a. Councilmember Juker stated she has received calls regarding contractors
working Montana Avenue starting at 6:00 A.M. She feels there should be
time limits especially on weekends.
2. Garage Sale Signs
a. Councilmember Juker stated people do not take their garage sales signs
down after the sale is over. Directed staff to investigate.
3. Bike Ordinances
a. Councilmember Juker requested that the Bike Ordinance be published on the
Maplewood Review. Also requested that a meeting between the Council and
the owners of the Maplewood Review be established.
4. Signs
a. Councilmember Anderson questioned what good posted signs do. Frost is
posted for no traffic and closed, and people still drive on it.
5. Storm Sewer
a. Councilmember Anderson questioned the storm sewers being placed on
Frost Avenue.
6. Sewer Billing
a. Councilmember Anderson presented each Councilmember with a copy of a letter
from Mr. Kaiser showing he only pays $6.21 for water and $30.10 for
sewer rental. He just wished to inform Council.
L. Administration Presentation
None
Adjournment
11:35 P.M.
City Clerk
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