HomeMy WebLinkAbout09.12.83MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 12, 1983
Council Chambers, Municipal Building
Meeting No. 83 -23
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 of Meeting No. 83 -18 August 8, 1983
Mayor Greavu moved to approve the Minutes of Meeting No. 83 -18 (August 8, 1983) as
submitted.
Seconded by Councilmember Juker.
D. APPROVAL OF AGENDA
Ayes - Mayor Greavu, Councilmembers
Anderson, Juker, Maida
Councilmember Bastian abstained.
Mayor Greavu moved to approve the agenda as amended:
1. Park Meeting
2. Letter to MTC
3. Conditional Use Permits
4. Construction
5. Volunteer Meeting
6. Somerset Ridge
7. Beam Avenue
8. Assessments
9. Highwood
10. Volunteerism
11. Sewer Billing
12. Highwood - McKnight, 4 Way Stop
13. McKnight - Burns, Cleaning
14. Assistant City Engineer
15. Holiday
Seconded by Councilmember Juker.
CONSENT AGENDA
Ayes all.
Council removed Items E -3, 6 and 7 to become Items I -9, 10 and 11.
Mayor Greavu moved, seconded by Councilmember Juker, Ayes -all to approve the Consent
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Agenda Items 1, 2, 4 and 5 as recommended
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses - Check Register dated
8 -30 -83 thru 9 -1 -83 $355,581.07: Part II - Payroll Check dated 8 -19 -83 $65,362.39)
in the amount of $420,943.46.
2. Resolution on I.C.M.A. Retirement Corp.
Resolution No. 83 -9 -146
WHEREAS, the Employer maintains a deferred compensation plan for its employees which is
administered by the ICMA Retirement Corporation (the "Administrator "); and
WHEREAS, the Administrator has recommended changes in the plan document to comply with
recent federal legislation and Internal Revenue Service Regulations governing said
plans; and
WHEREAS, the Internal Revenue Service has issued a private letter ruling approving said
plan document as complying with Section 457 of the Internal Revenue Code; and
Whereas, other public employers have joined together to establish the ICMA Retirement
Trust for the purpose of representing the interests of the participating employers with
respect to the collective investment of funds held under their deferred compensation
plans; and
WHEREAS, said Trust is a salutary development which further advances the quality of
administration for plans administered by the ICMA Retirement Corporation:
NOW THEREFORE BE IT RESOLVED that the Employer hereby adopts the deferred compensation
plan, attached hereto as Appendix A, as an amendment and restatement of its present
deferred compensation plan adiministered by the ICMA Retirement Corporation, which shall
continue to act as Administrator of said plan; and
BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retirement Trust,
attached hereto as Appendix B; and
BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agreement with the
ICMA Retirement Corporation, as appears at Appendix C hereto, as an amendment and re-
statement of its existing trust agreement with the ICMA Retirement Corporation, and
directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under
the deferred compensation plan through the ICMA Retirement Trust as soon as is prac-
tible; and
BE IT FURTHER RESOLVED that the City Manager(use title of official, not name) shall be
the coordinator for this program and shall receive necessary reports, notices, etc.
from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of
the Employer, any required votes under the program. Administrative duties to carry
out the plan may be assigned to the appropriate departments.
3. Audit Contract for 1983.
See Item I -9
4.. Donation - Nature Center.
Received a $100 donation to the Maplewood Nature Center from an anonymous giver.
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5. Datsun Water Main
Authorize the purchase of the Datsun Water Main at the developers cost of
$55,388.58 subject to a bill of sale from Mr. Hess Kline.
6. Conditional Use Permit - Presentation
See Item I -10
7. Conditional Use Permit - Sbarro
See Item I -11
F. PUBLIC HEARINGS
1. Maplewood Professional Building IDR 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
of Maplewood Professional Associates to obtain a $1,660,000.00 Industrial Revenue
Note to acquire land and to construct a 15,774 square foot multi - purpose office
building.
b. Manager Evans presented the staff report.
c. Mr. Andrew Merry,Juran and Moody, spoke on behalf of the request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its adoption:
83 - 9 - 147
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL 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 THE PROJECT TO THE
COMMISSIONER OF ENERGY AND ECONOMIC
DEVELOOPMENT OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH THE PROJECT
WHEREAS, I
(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) Factors necessitating the active promotion and development of economically
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sound industry and commerce are the increasing concentration of population in the
metropolitan areas and the rapidly rising increase in the amount and cost of govern-
mental services required to meet the needs of the increased population and the
need for development of land use which will provide an adequate tax base to finance
these increased costs and access to employment opportunities for such population;
(c) The City Council of the City of Maplewood (the "City ") has received from
Maplewood Professional Associates, a general partnership organized under the laws
of the State of Minnesota (the "Company ") a proposal that the City assist in finan-
cing a Project hereinafter described, through the issuance of a Revenue Bond or
Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as
"Revenue Bonds" pursuant to the Act;
(d) The City desires to facilitate the selection development of the community,
retain and improve the tax base and help to provide the range of services and employ-
ment opportunities required by the population; and the Project will assist the
City in achieving those objectives. The Project will help to increase assessed
valuation of the City and help maintain a positive relationship between assessed
valuation and debt and enhance the image and reputation of the community;
(e) The Company is currently engaged in the business of development of
multi - purpose real estate to be used as office space for professionals. The
Project to be financed by the Revenue Bonds is a 15,774 square foot multi -
purpose office building to be located at the Southeast corner of the intersection
of Beam Avenue and Hazelwood Avenue, in Maplewood, Minnesota, to be owned and
utilized by the partners as a professional office building and consists of the
aquisition of land and the construction of buildings and ;improvements thereon
and the installation of equipment therein to be initially owned and operated
by the Company, and will result in the employment of additional persons to work
within the new facilities;
(f) The City has been advised by representatives of Company that con-
ventional, 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;
(g) Pursuant to a resolution of the City Council adopted on August 8,
1983, a public hearing on the Project was held on September 12, 1983, after
notice was published, and materials made available for public inspection
at the City Hall, 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;
(h) 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.
NOW, 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 Industrial Development Act (Chapter 474, Minnesota Statutes),
consisting of the acquisition, construction and equipping of a 15,774 square
foot multi - purpose professional office building within the City pursuant
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to Company's specifications suitable for the operations described above
to be initially owned and operated by the Company upon such terms and
conditions with provisiions 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 $1,660,000 to be issued pursuant to the Act to finance
the acquisition, construction and equipping of the Project; and said
agreement may also provide for the entire interest of Company therein to
be mortgaged to the purchaser of the Revenue Bonds; and the City hereby
undertakes preliminarily to issue its Revenue Bonds in accordance with such
terms and conditions;
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 pro-
ducing enterprises engaged in any business within the meaning of Subdivision la
of Section 474.02 of the Act; that the Project furthers the purposes stated
in Section 474.01, Minnesota Statutes; that the availability of the financing
under the Act and willingness of the City to furnish such financing will be a
substantial inducement to Company to undertake the Project, and that the
effect of the Project, if undertaken, will be to encourage the development
of economically sound industry and commerce, to assist in the prevention of the
emergence of blighted and marginal land, 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 deveopment and use of land within 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 and
Economic Development or such other state office having authority to grant
approval (the "Commissioner "), and subject to final approval by this Council,
Company, and the purchaser of the Revenue Bonds as to the ultimate detailes
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 requesting his approval, and other officers,
employees and agents of the City are hereby authorized to provide the
Commissioner with such preliminary information 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,
and Juran & Moody, Inc. 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
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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 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 out-
standing prinicpal 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, is 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 constitut-
ional or statutory limitation;
8. In anticipation of the approval by the Commissioner the issuance of
the Revenue Bonds to finance all or a portion 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 liability on the part of the
City.
Seconded by Councilmember Juker; Ayes - all.
2. Rezoning - 1690 English (4 votes) 7:05 P.M.
a. Mayor Greavu reconvened the meeting for a public hearing regarding the rezoning
of 1690 English from BC Business commercial to NC neighborhood commercial. The
original hearing was held on August 22, 1983.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission re-
commendation:
"Commissioner Fischer said in view of the fact there are procedures available to
allow the present owner to expand on the site his present business if desired,
moved that the Planning Commission recommend the City Council approve the resolution
rezoning 1690 English Street from BC to NC.
Commissioner Whitcomb seconded.
Cher, Pellish, Sletten, Whitcomb.
Prew."
Ayes - Commissioners Barrett, Fis-
Nays - Commissioners Hejny, Robens,
d. Mr. Jerry Erickson, co -owner of the property, spoke in favor of leaving the
zoning as is.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu callef for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved its
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ion:
WHEREAS, City of Maplewood initiated a rezoning from BC, business commercial
to NC, neighborhood commercial for the folloiwng described property:
Subject to Avenue over the South 52.5 feet and subject to street, the south
149.5 feet of that part of the SW 1/4 lying west of the Northern Pacific rail-
road right of way, in Section 15, Township 29, Range 22.
This property is also known as 1690 English Street, Maplewood;
WHEREAS, the procedural history of this rezoning is as follows:
This rezoning was initiated by the City of Maplewood, pursuant to chapter 36,
article VII of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission on July 18,
1983. The Planning Commission recommended to the City Council that said rezoning
be approved.
3. The Maplewood City Council held a public hearing on September 12, 1983 to consider
this rezoning. 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 rezoning be approved on the basis of the following findings of fact:
1. The proposed rezoning would be consistent with the spirit purpose and intent
of the zoning code and Land Use Plan.
2. The proposed change would not substantially injure or detract from the use
of neighboring property or from the character of the neighborhood.
3. The proposed change would serve the best interests and conveniences of the
community.
Seconded by Councilmember Maida. Ayes - Councilmembers Anderson,
Juker,,Maida and Bastian.
Nays - Mayor Greavu.
3. Rezoning - John Glenn (4 votes) 7:10 P.M.
a. Mayor Greavu convened the meeting for a public hearing on the proposed rezoning
of the John Glenn Jr. High School property site from M -1, Light Manufacturing,
to R -1, single dwelling residence district.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission re-
commendation:
"Commissioner Pellish moved the Planning
approval of the resolution rezoning John
manufacturing to R -1, residence district
Commission recommend to the City Council
Glenn School property from M -1, light
(single dwelling).
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Commissioner Fischer seconded. Ayes - Commissioners Barrett,
Fischer, Hejny, Pellish, Prew, Robens, 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 - 9 - 149
WHEREAS, the City of Maplewood initiated a rezoning from M -1, light manufacturing
to R -1, residence district (single dwelling) for the following described property:
Lot 1 and 2 and the west 139.9 feet of Lot 3, Block 7, Sabin Garden Lots in-
cluding the south half of that part of vacated Eldridge Avenue accruing thereto,
WHEREAS, the procedure history of this rezoning is as follows:
1. This rezoning was initiated by the City of Maplewood, pursuant to chapter 36,
article VII of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission on July 18,
1983. The Planning Commission recommended to the City Council that said rezoning
be approved.
3. The Maplewood City Council held a public hearing on September 12, 1983 to consider
this rezoning. 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 rezoning be approved on the basis of the following findings of fact:
1. The zone change would be consistent with the intent of the Land Use Plan.
2. The change would not substantially injure or detract from the use of the neigh -
boring property.
3. The change would be in the best interest of the public by eliminating the
potential for overly intensive manufacturing uses in a residential neighborhood.
Seconded by Councilmember Anderson. Ayes all.
4. Alley Vacation - Between Jessie and Bradley Street 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the pro-
posal to vacate the alley in Block 7, King's Addition to the City of St. Paul.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
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"Commissioner Ellefson moved the Planning Commission recommend to the City
Council approval of the resolution vacating the alley right -of -way located
in Block 7, Kings Addition to the City of St. Paul except that portion south
of the north line of Lot 15, subject to:
1. Retaining a utility easement of the east ten feet of the entire right -of
way.
2. Retaining a drainage easement over the entire vacated right -of -way.
Commissioner Sletten seconded. Ayes -- Commissioners Axdahl, Ellefson.,
Pellish, Prew, 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 -9 -150
WHEREAS, Louis;Colonna initiated proceedings to vacate the public interest
in the followinn described real property:
Except that part lying south of the easterly extension of the north line
of lot fifteen, the alley platted in Block 7, Kings Addition to the City
of St. Paul, Section 17, Township 29, Range 22.
WHEREAS, the procedural history of this vacation is as follows:
1. This vacation was initiated by Louis Colonna on May 4, 1983;
2. A majority of the owners of property abutting said alley right -of -way
have signed a petition for this vacation;
3. This vacation was reviewed by the Planning Commission on August 1,
1983. The Planning Commission recommended to the City Council that
this vacation be approved.
4. The City Council held a public hearing on September 12, 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 considered
reports and recommendations of the city staff and Planning Commission.
WHEREAS, upon vacation of the above described alley right -of -way, public
interest in the property will accrue to the following described abutting properties:
Lots 1 -4, Block 7
Lot 5, Block 7
Lot 6 and the north 1/2 of Lot 7, Block 7
Lot 8 and the south 112 of Lot 7, Block 7
Lots 9 -11, Block 7
The east 1/2 of Lots 12 -14, Block 7
The west 1/2 of Lots 12 -14, Block 7
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Lots 15 -25, Block 7
All in Kings Addition to the City of St. Paul, Section 17, Township 29,
Range 22.
_ 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. There is no public need to construct an alley over this right -of -way.
2. Maintaining the right -of -way unnecessarily restricts the development
of abutting properties.
This vacation is subject to the retention of:
1. A drainage easement over the entire vacated right -of -way.
2. A utility easement over the easterly ten feet.
Seconded by Councilmember Maida. Ayes all.
5. Rezoning- Highway 36; Cope and Ariel Street (4 votes) 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the
proposal to rezone the property at Cope Avenue, German_ Street, and
Castle Avenue from BC Business Commercial to R -1 Single Residence District:
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Prew moved the Commission recommend approval of the resolution
rezoning this site from BC to R -1
Commissioner Axdahl seconded.
Some of the Commissioners spoke in opposition of the motion as the
Commission has already given a position on the land use and zoning.
Voting: Ayes -- Commissioner Prew
Nays -- Commissioners Axdahl, Ellefson, Pellish, Sletten, Sigmundik,
Whitcomb.
Motion fails 1 -6
Commissioner Whitcomb moved the Planning Commission table this item as
+6..... k +hic .,A fool +ho ci +P chnnld YP_
M
Commissioner Sletten seconded. Ayes -- Commissioners Axdahl, Ellefson,
Pellish, Prew, Sigmundik, Sletten, Whitcomb."
d. Mayor Greavu called for proponents. The following were heard:
Ms. Marcia Holdren, 1927 E. Cope Avenue
Mr. Nick Weller, 2236 German Street
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Mr. Charles Thenimes, 1928 Castle
Ms. Dora Toll, 1922 Castle
Mr. Scott Myckleby, 2220 Craig Place
Mr. Dean Farinella, 1930 Castle
Ms. Pat Myckleby, 2220 Craig Place
Ms. Pat Holdren, 1927 E. Cope Avenue
Mr. Hrold Lietz, 2285 N. Seventh St represented by daughter, Connie Landreville
Mr. John Glasow, 2271 Craig Place
A petition signed by area residents was presented.
e. Mayor Greavu called for opponents. The following were heard:
Mr. Geoff Jarpe, Representing Hillcrest Development
Mr. James Pollish, 7W Golden Lake Rd, Circle Pines
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its
adoption:
83 -9 -151
WHEREAS, the City of Maplewood initiated a rezoning from BC, Business
Commercial to R -1 Residence District (single dwelling) for the following -
described properties:
1. Lots 16 and 17, Block 6, Dearborn Park
2. Lots 14, 15, 16 and 17, Block 11, Dearborn Park
3. Lots 28,29 and 30, Block 7, Dearborn Park
4. Lots 1, 2, 3, 28, 29 and 30, Block 10, Dearborn Park
WHEREAS, the procedural history of this rezoning is as follows;
1. This rezoning was initiated by the Maplewood City Council, pursuant
to chapter 36, article VII of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission on
August 1, 1983. The Planning Commission recommended to the City
Council that said rezoning be approved.
3. The Maplewood City Council held a public hearing on September 12, 1983,
to consider this rezoning. 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 rezoning be approved on the basis of the following findings of
fact;
1. The proposed change is consistent with the spirit, purpose and intent
of the zoning ordinance and Comprehensive Plan.
2. The proposed change will not substantially injure or detract from the
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use of neighboring property or from the character of the neighborhood, and
that the use of the property adjacent to the area included in the proposed
change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the com-
munity, where applicable, and the public welfare.
4. The current zoning was done previous to adoption of the Comprehensive Plan.
Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Bastian, Juker
and Maida.
Nays - Mayor Greavu.
6. Code Amendment: Environmental Protection /Critical Area 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding consolidating
the Environmental Protection Ordinance and the Critical Area Ordinances into a
single ordinance.
b;: Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission re-
commendation:
"Commissioner Prew moved the Planning Commission recommend to the City Council
approval of the ordinance, which will:
1. Consolidate the Environmental Protection and Critical Area Ordinances to create
an Environmental Protection and Critical Area Ordinance.
2. Rescind the Critical Area Ordinance (Sections 36 -496 to 36 -549 of City Code)
adopted on March 1, 1979'and revised on March 5, 1981. The Critical Area Plan
iwould remains im effect,, asl adopted: March? 9�;� 1979 and ireNised( March 15,11981.
Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Ellefson, Pellish,
Prew, 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 moved first reading of an ordinance consolidating the
Environmental Protection and Critical Area Ordinances.
Seconded by Councilmember Maida. Ayes - all.
7. Conditional Use Permit — County Road B and VanDyke 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
of John F. Sauro, Sauro Realty, for a conditional use permit to construct three
eight plexes and eight four plexes north of County Road B and West of VanDyke Street.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
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"Commissioner Fischer moved the Planning Commission approve the following resolut-
ion and forward it to the City Council:
Whereas, Sauro Realty initiated conditional use permit to construct multiple dwell-
ings in a business commercial zoning district at the following described property:
Except the easterly 120 feet, the following parcels:
South 112 of vacated alley adjoining and north 112 of vacated Laurie Avenue adjoin-
ing and following part of Lot 2 lying east of a line running from a point in center
line of said avenue 272 19/100 feet east from west line of lot 2 to a point on
north line of and 272 91/100 feet east from northwest corner of said lot 2, block
13, Smith and Taylors Addition to North St. Paul.
Except south 2 65/100 feet and except following: Beginning on west line of and
2 65/100 feet north of southwest corner of lot 1, thence east 271 49/100 feet thence
north to point in center line of vacated Laurie Road 272 19/100 feet east from
west line of said lot, thence west to west line of said lot 1, thence south to
beginning, part of vacated adjacent Lauire Road in Lot 1, block 20, Smith and
Taylors Addition to North St. Paul.
Vacated avenue south of and accruing following except north 2 65/100 feet the east
270 feet of Lot 2, Block 20, Smith and Taylors Addition to North St. Paul.
Vacated alley accruing and following except west 271 49/100 feet the south 2 65/100
feet of lot 1 and except west 271 49/100 feet the north 2 65/100 feet of lot:.2,
block 20, Smith and Taylors Addition to North St. Paul.
Vacated avenue south of and accruing and following except north 2.65 feet the west
49 feet of east 319 feet of lot 2, bloek'.20, Smith and Taylors Addition to North
St. Paul.
North 112 of vacated alley and vacated avenue north of and accruing and following
east 495 6/10 feet of lot 1, block 29, Smithland Taylors Addition to North St.
Paul.
South 1/2 of vacated alley adjoining and east 495 6/10 feet of lot 2, block 29,
Smith and Taylors Addition to North St. Paul.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSiION that the above
described conditional use permit be approved on the basis of the following findings
of fact:
1. The use would conform with the City's Comprehensive Plan and with the purpose
and standards of the 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 the 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 run -off, vibration, general unsightliness, electrical inter-
- 13 - 9/12
ference 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 will
cause undue burden to the area properties.
7. The use would be served by essential public services, such as streets, police,
fire portection, 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.
Approval is subject to the following conditions:
1. Construction beginning within one year. Code allows a one time six month
extension if just cause is shown. The applicant must apply for such extension,
in writing, at least thirty days prior to expiration.
2. Prior to the issuance of a building permit for any of the structures which
do not front on County Road B, Council must order the extension of a water
main along VanDyke Street from County Road B.
3. The curb cuts on VanDyke Street shall be centered on the Sandhurst and Laurie
Avenue rights -of -way, located to the east.
4. Community Design Review Board approval of the site and building plans. Approval
shall include, but not be limited to, the following findings:
a. The use shall be designed to be compatible with the character of the zoning
district.
b. The use would preserve and incorporate the site's natural and scenic features
into the development design.
5 A landscaped area of at least twenty feet in width shall be provided along
the south and east boundaries of the site. This landscaping shall include
permanent screening of at least six feet in height and eighty - percent opaqueness.
The screening materials shall be as required in Section 36 -27 of City Code.
6. Final grading, drainage and utility plans must be approved by the City Engineer.
7. Any connection,to utilities in County Road B or temporary curb cuts to County
Road B must be approved in writing by the Ramsey County Department of Public
Works.
8. Submission of an erosion control plan prior to issuance of any building permits,
which incorporates the recommendations of the Watershed and Soil and Water
Conservation Districts.
Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Pellish, Prew, Robens, Sigmundik, Sletten, Whitcomb."
- i4 -
1� j 12
d. Mr. Gene Hughes, the developer and contractor, spoke on behalf of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following were heard:
Ms. Connie Landreville, 2194 VanDyke
Mr. Maynard Riechert, 2172 VanDyke
Mr. Leo Cybilka, 2230 VanDyke
Mr. Roger Falk, 1810 E. County Road B
Mr. Arth Ready, Jr., 1800 E. County Road B
g. Mayor Greavu moved to table this item until the meeting of October 10, 1983.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Maida.
Nays - Councilmember Bastian.
8. Variance - Carver Avenue - Ebertz - 8:15 P.M.
Public hearing was cancelled.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Code Amendment: Minimum Floor Area (4 votes) 2nd Reading
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following ordinance and moved its adoption:
ORDINANCE NO. 551
AN ORDINANCE AMENDING THE ZONING ORDINANCE
RELATING TO MINIMUM FLOOR AREA REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS:
Section 1. Section 36 -86(2) is amended to read as follows:
The minimum habitable floor area for each R -2, Residence District dwelling unit
shall be at least:
580 square feet per efficiency or one - bedroom unit
740 square feet per two - bedroom unit
860 square feet per three- bedroom unit
1040 square feet per four - bedroom unit
Section 2. Section 36- 119(b) is amended to read as follows:
(b) Floor area. The minimum habitable floor area for each R -3A multiple dwelling
shall be at least:
580 square feet per efficiency or one bedroom unit
740 square feet per two - bedroom unit
1040 square feet per four- bedroom unit
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Section 3. Section 36- 122(b) is amended to read as follows:
(b) Minimum habitable foor area. The minimum floor area for each R -3B multiple
dwelling shall be at least:
580 square feet per efficiency or one- bedroom unit
740 square feet per two- bedroom unit
860 square feet per three - bedroom unit
1040 square feet per four- bedroom unit
Section 4. Section 36- 124(3) is amended to read as follows:
(3) Floor area. The minimum habitable floor area for each R -3C multiple dwelling
shall be at least:
580 square feet per efficiency or one - bedroom unit
740 square feet per two - bedroom unit
860 square feet per three - bedroom unit
940 square feet per four - bedroom unit
Section 5. Section 36 -6 Definitions is amended to add the following new subsection:
Habitable foor area: Residential floor area which meets the Uniform Building
Code requirements for ceiling height, light and ventilation.
Section 6. This ordinance shall take effect upon passage and publication.
Seconded by Councilmember Bastian. Ayes - all.
2. Application for Delayed Payment of Special Assessment
a. Councilmember Anderson moved to waive the Rules of Procedures to hear Mr.
Tansey's request for adjustmen o ros - assessmen .
Seconded by Councilmember Juker. Ayes - all.
b. Council referred Mr. Tansey's request to the City Attorney for investigation.
c. Anges Magnuson, 1940 Barclay
Councilmember Bastian moved that the
Barclay Street for Senior itizen e
Seconded by Councilmember Anderson.
d. Lyle Bunton, 1928 Manton Street
Councilmember Bastian moved that the
Street for Senior Citizen a erment
lication of Ms.
en or property
in t e amoun
Ayes - all.
son, 1940
a s TF-ZM
lication of Lyle Bunton. 1928 Manton
n
Seconded by Councilmember Anderson. Ayes - all.
3. Maurice Ramstrom, 1962 Prosperity - Frost Avenue Assessment
- 16 - 9/12
.Jb De a
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to refer this matter to the City Attorney for
investigation.
Seconded by Councilmember Bastian.
I. NEW BUSINESS
1. Establish Public Hearing, 1984 Budget
a. Mayor Greavu moved to establish
hearing date for tea option o t
Seconded by Councilmember Bastian.
2. Battle Creek Park
a. Manager Evans presented the staff report.
b. Councilmember Juker moved that the Ma
because of action taken bv the Ramsev Cou
Ayes - all.
30, 1983 at 5:00 P.M. as the public
Ayes - all.
forward a letter statinq Council
Seconded by Councilmember Anderson. Ayes - all.
3. Plan Amendment: Gall Avenue
a. Manager Evans presented the staff report.
b. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Prew moved the Planning Commission recommend approval of the follow-
ing resolution:
WHEREAS, the Maplewood City Council initiated an amendment to the Maplewood
comprehensive plan from RM, residential medium density to RL, residential low
density for the following described property:
An area bounded by County Road D, McKnight Road, Lakewood Drive and the NSP
high voltage lines;
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that
the above described plan amendment be approved on the basis of the following
findings of fact:
1. Most of the land is developed with single dwellings.
2. The undeveloped land has single dwellings to the north and south.
3. The City has tried to locate multiple dwellings on the edge, rather than
in the middle of single dwelling neighborhoods.
Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Pellish, Prew, Sigmundik, Sletten, Whitcomb, Robens."
d. Mr. Tony Vruno, 2370 Gall Avenue, stated he was in favor of the Plan Amendment.
- 17 - 9/12
d. Councilmember Bastian introduced the followinq resolution and moved its adoption:
83 - 9 - 152
WHEREAS, the Maplewood City Council initiated an amendment to the Maplewood
comprehensive plan from RM, residential medium density to RL, residential low
density for the following described property:
An area bounded by County Road D, McKnight Road, Lakewood Drive and the NSP
high voltage lines;
WHEREAS, the procedural history of this plan amendment is as follows:
1. This plan amendment was initiated by the Maplewood City Council.
2. The Maplewood Planning Commission held a public hearing on August 15,
1983 to consider this plan amendment. Notice thereof was published and
mailed pursuant to law. All persons present at said hearing were given
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 September
12, 1983. The Council considered reports and recommendations 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 findings of
fact:
1. Most of the land is developed with single dwellings.
2. The undeveloped land has single dwellings to the north and south.
3. The City has tried to locate multiple dwellings on the edge, rather than
in the middle of single dwelling neighborhoods.
Seconded by Councilmember Juker. Ayes - all.
4. Plan Amendment: North and South of Carver Avenue
a. Manager Evans presented the staff report.
b. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Pellish moved the Planning Commission recommend approval of the
following resolution:
WHEREAS, the City of Maplewood has initiated an amendment to the Maplewood
comprehensive plan from OS, open space to RL, low density residential for the
following described property:
The south 100 feet of the SE 1/4 of the SW 1/4 of Sec. 13, Township 28, Range
22.
The north 100 feet of the NE 1/4 of the NW 1/4 of Section 24, Township 28,
Range 22.
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Except for the south 600 feet, the west 200 feet of the east half of the
NW 1/4 of Section 24, Township 28, Range 22
That part lying northwest of I -494 of the NE 1/4 of Section 24, Township
28, Range 22
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION THAT
THE above described plan amendment be approved on the basis of the following
findings of fact:
1. The open space land east of Dorland Road is not needed by the City of
Maplewood or Ramsey County Parks and Recreation, for trail purposes.
2. This land is potentially developable for single dwellings.
3. The open space land at 1240 Sterling Street is presently developed with
a single dwelling so the OS designation is inappropriate.
Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Pellish, Prew, Sigmundik, Sletten, Whitcomb, Robens."
c. Mayor Greavu asked if anyone in the audience wished to be heard. The following
expressed their opinions:
Mr. Lawrence Grand, purchase agreement at 2405 Carver Avenue
Mr. Robert A. Wilds, 2410 Carver Avenue
Mr. Jerold Miller, 2405 Carver Avenue.
d. Mayor Greavu introduced the following resolution and moved its adoption:
83 -9- 153
WHEREAS, the City of Maplewood has initiated an amendment to the Maplewood
comprehensive plan from OS, open space to RL, low density residential for the
following described property:
The south 100 feet of the SE 1/4 of the SW 1/4 of Sec. 13, Township 28, Range
22.
The North 100 feet of the NE 1/4 of the NW 1/4 of Section 24, Township 28,
Range 22.
Escept for the south 600 feet, the west 200 feet of the east half of the
NW 1/4 of Section 24, Township 28, Range 22.
That part lying northwest of I -494 of the NE 1/4 of Section 24, Township
28, Range 22.
WHEREAS, the procedural history of this plan amendment is as follows:
1. This plan amendment was initiated by the City of Maplewood.
-. The Maplewood Planning Commission held a public hearing on August 15,
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.
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3. The Metropolitan Council considered said plan amendment on September 12,
1983, and determined that said plan amendment be approved.
4. The Maplewood City Council considered said plan amendment on September 12,
1983. The Council considered reports and recommendations from the Planning
Commission, City Staff and Metropolitan Council.
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 open space land east of Dorland Road is not needed by the City of
Maplewood or Ramsey County Parks and Recreation, for trail purposes.
2. This land is potentially developable for single dwellings.
3. The open space land at 1240 Sterling Street is presently developed with a
single dwelling so the OS designation is inappropriate.
Seconded by Councilmember Bastian
Ayes - Mayor Greavu, Councilmembers
Bastian and Juker.
Nays - Councilmembers Anderson and
Maida.
5. English Street: No Parking
a. Manager Evans presented the staff report.
b. Councilmember Juker introduced the following resolution and moved its adoption:
83 9 - 154
RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the west side
of English Street from T.H. 36 to 100 feet North of the frontage road be designated
"No- Parking Anytime ".
Seconded by Mayor Greavu. Ayes - all.
6. Cub Foods: Traffic Signal
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
83 -9- 155
kESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,, MINNESOTA:
1) Staff is authorized to enter into a standard development agreement with
CUB Foods requiring the developer to provide the design and pay the cost
of installation for a signal system and appurtenances at County Road B and
Rice Street.
2) Staff is authorized to enter into an agreement with MnDOT where the City
agrees to contract for the signal and appurtenances installation.
3) Staff is authorized to advertise for sealed bids.
- 20 - 9/12
Seconded by Councilmember Juker. Ayes - all.
7. Sewer Connection: 2125 White Bear Avenue
a. Manager Evans stated Mrs. Shirley Trebesh, 2125 White Bear AVenue, was request-
ing deletion of the sewer cash connection charge and the Sewer Availability
Charge (S.A.C.).
b. Mrs. Shirley Trebesh spoke in favor of her proposal.
c. No action taken.
Councilmember Anderson moved to Waive Rules of Procedures to discuss Items 9 and
10 and 11 at this time.
Seconded by Mayor Ureavu. Ayes - all.
11. Conditional Use Permit - Sharro
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to approve the renewal of the conditional use
permit for a game room at Sharro s Italian Eatery at the Maplewood Mall or
Seconded by Councilmember Bastian. Ayes - all.
10. Conditional Use Permit - Presentation
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to approve the renewal of the conditional use
permit to continue the day care facility at the Presentation of the esse irgin
Mary Church for three .years.
Seconded by Councilmember Juker.
Motion failed.
Ayes - Councilmembers Anderson and
Juker.
Nays - Mayor Greavu, Councilmembers
Bastian and Maida.
c. Mayor Greavu introduced the following resolution and moved its adoption:
83 -9- 156
' WHEREAS, the Church of the Presentation of the Blessed Virgin Mary initiated
the renewal of a conditional use permit to operate a day care facility at the
following described property:
Subject to Larpenteur Avenue, the south 656 feet of the SE 1/4 of Section
15, Township 29, Range 22, lying between Kennard Street and Prosperity Road.
This property is also known as 1735 Kennard Street, Maplewood;
- 21 - 9/12
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit was initiated by the Church of the Presentation
of the Blessed Virgin Mary pursuant to the Maplewood Code of Ordinances.
2. The Maplewood City Council considered this conditional use permit renewal
request on September 12, 1983. The Council considered the report of the
City Staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above
described conditional use permit be renewed for five years on the basis that:
1. The condition of initial approval has been complied with.
2. No nuisance conditions have arisen due to the existence of this facility.
If no nuisance conditions exist at the end of the renewal period, the City
Council may renew this permit.
Seconded by Councilmember Bastian.
8. Uncollected Paramedic Bills
Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Maida.
Nays - Councilmember Juker.
a. Manager Evans presented the staff report.
b. Mayor Greavu moved the $3,810.90 of the uncollected paramedic bills, as pre-
sented, be written off as uncollectible.
Seconded by Councilmember Bastian. Ayes - all.
9. Audit Contract for 1983
a. Manager Evans presented the staff report.
b. Mayor Greavu moved that proposals or bids be obtained from the audit firms
for the 1983 Audit.
Seconded by Councilmember Anderson
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATIONS
1. Park Meeting
Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Maida.
Nays - Councilmember Bastian.
a. Councilmember Juker would like Council to meet with the Park and Recreaton
Commission and the Recreation Staff.
b. November 9, 1983 is established as the meeting date.
L.' Letter M.T.C.
a. Councilmember Juker stated the property owners at the Northeast corner of
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Frost and Manton have requested that M.T.C. change its bus stop from their corner
to the Northwest corner since there is a sidewalk and more room and the newly
layed grass will not be damaged.
3. Conditional Use Permit
a. Councilmember Juker stated she Mould like conditional use permits extended
for three years instead of five years.
b. Council stated the number of years should be left open and each permit will
be determined individually.
4. Construction
a. Councilmember Juker requested that contractors be responsible for the dirt
that they leave on the roads.
b. No action taken.
5. Volunteer Meeting
a. Councilmember Juker questioned if the City had to pay for janitor service
when a volunteer meeting is held.
b. City does not pay.
6. Somerset Ridge
a. Councilmember Juker stated this project did not come before the Council.
The Community Design Review Board had final approval and she felt this is not
appropriate.
b. No action taken.
Councilmember Anderson moved to waive the Rules of Procedures and extend the meet
past, the dbaddindl
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson,
Juker and Maida.
Nays - Councilmember Bastian.
7. Beam Avenue
a. Councilmember Anderson stated that on Beam Avenue east of Frederick is being
used as a four lane road.
b. Staff stated Beam will be restriped for two lanes east of Frederick and a
sign posted stating right lane ending.
8. Assessments
a. Councilmember Anderson requested the written policy on assessments be dis-
tributed to the Council.
b. Staff will present Council with all available written policies.
9. Highwood
- 23 - 9/12
a. Councilmember Maida introduced the following resolution and moved its adoption:
83 -9- 157
RESOLVED, by the City Council of Maplewood, Minnesota that Ramsey County
be requested to investigate the speed limit on Highwood Avenue and if inappropriate
lower the speed limit.
Seconded by Councilmember Bastian. Ayes - all.
10. Volunteerism
a. Councilmember Maida stated the next meeting for the Volunteerism meeting
will be September 22, 1983 and reported on the agenda.
11. Sewer Billing
a. Councilmember Bastian requested the figures regarding the Sewer billing
(percentage of late charges, etc.).
12. Highwood - McKnight
a. Mayor Greavu introduced the following resolution and moved its adoption:
83 - 9 - 158
RESOLVED by the City Council of Maplewood, Minnesota, that Ramsey County
is requested to investigate the installation of an all -way stop condition at
the intersection of Highwood Avenue and McKnight Road.
Seconded by Councilmember Bastian. Ayes - all.
13. McKnight and Burns - Cleaning
a. No action taken.
L. ADMINISTRATIVE PRESENTATIONS
1. Assistant City Engineer
a. Manager Evans requested Council to remove the hiring freeze and authorize
the hiring of a replacement for the position of Assistant City Engineer.
b. Council stated this item will be discussed with the 1984 Budget.
2. Holiday
a. Manager Evans stated the Council meeting will be held October 10, 1983.
It is not a holiday. October 10, 1983 has been exchanged for the day after
Thanksgiving.
M. ADJOURNMENT
11:20 P.M.
-
/ city Ulerk
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