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HomeMy WebLinkAbout01.23.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 23, 1984 Council Chambers, Municipal Building Meeting No. 84 -02 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 MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 84 -01 (January 9, 1984) Councilmember Maida moved that the Minutes of Meeting No. 84 -01 (January 9, 1984) be approved as submitted. Seconded by Councilmember Anderson. Ayes - all. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Environmental Overlay 2. Cancer Society 3. Cable Appointments 4. Agenda for Commission Meeting 5. Commission Appointments 6. Municipal Legislative Committee Seconded by Councilmember Maida. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, Seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda Items 1 through 3, be approved as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check Register dated January 5, 1984 through January 12, 1984 - $316,851.71: Part II Payroll Checks dated January 13, 1984 - $65,540.59) in the amount of $382,392.30. 2. .1983 Budget Change - Internal Rental Expenditures Approved the following budget changes with Account 45 -40 - Internal Rental - 1 - 1/23 Increase (Decrease) Di $(13,410) 52 ( 2,040) 55 ( 760) 61 16,650 62 Total vision - Street Maintenance - Drainage - Administrative - Community Services - Park Maintenance Approved a budget transfer from the Contingency Account to the Sewer Fund in the amount of $8,150 to finance extra internal rental charges. 3. 1984 Fee Schedule for Rental of Athletic Facilities Approved the Fee Schedule for Reservation of Park Athletic Facilities as presented. Councilmember Bastian moved to suspend the Rules of Procedures to move Item L -5 Coimission Appointments to E -a for immediate consideration. Seconded by Councilmember Wasiluk. Ayes - all. E -a COMMISSION APPOINTMENTS 1. Park and Recreation Commission Councilmember Maida moved to reappoint Marilyn Galbraith, John Chegwyn and Rita Janish to the Parks and Recreation Commission. Seconded by Councilmember Wasiluk. Ayes - all. 2. Housing and Redevelopment Authority Councilmember Maida moved to appoint Dale Carlson, Tom Connolly and Mary Eiden (as liason between the HRC an to the Housing and Redevelopment Authority. Seconded by Councilmember Anderson. Ayes - all. 3. Human Relations Commission Councilmember Maida moved to appoint Ronald Heimerl to the Human Relations Commission. Seconded by Councilmember Wasiluk. Ayes - all. 4. Police Civil Service Commission Councilmember Maida moved to Seconded by Councilmember Wasiluk 5. Community Design Review Board Councilmember Maida moved to Board. -Councilmember Anderson moved to Board. Mr. Peterson received 3 votes. int Don Weida to the Police Civil Service Commission. Ayes - all. int Robert Peterson to the Commun oint Frances Juker to the Commun - 2 - 1/23 Desion Review Desion Review Mrs. Juker received 2 votes. Mr. Peterson was appointed to the Community Design Review Board. Mrs. Frances Juker, 1965 Barclay, questioned the need for three appointments to the Housing and Redevelopment Authority. F. PUBLIC HEARINGS 1. Plan Amendment and Rezoning White Bear and Beam 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing fpp approval of a Plan Amendment from LSC, limited service commercial to SC, service commercial and a re- zoning from BC(M), business commercial (modified) to B C, business commercial for the property located at the southwest corner of Beam Avenue and White Bear Avenue. b. Manager Evans presented the staff report. c. Vice Chairman Duane Prew presented the following Planning Commission recommendation: "Commissioner Fischer moved the following resolution be forwarded to the City Council: WHEREAS, the City of Maplewood and Bennet - Ringrose - Wolsfeld- ,Jarvis- Gardner, Inc., initiated an amendment to the Maplewood comprehensive plan from LS C to SC for the southwest corner of Beam Avenue and White Bear Avenues. 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. A buffer zone is not needed, since the property to the south is designated for LSC, limited service commercial use. 2. The property to the north is designated DC, diversified center and the property to the east is designated SC, service commercial. Approval is subject to Metropolitan Council review. Commissioner Hejny seconded. Ayes - Commissioners Fischer, Hejny, Pellish, Sigmundik, Whitcomb. Nays - Commissioners Barrett, Sletten, Prew. The applicant requested that the Commission also approve the zone change. Commissioner Hejny moved the Planning Commission forward the following resolution to the City Council: WHEREAS, the City of Maplewood and Bennett - Ringrose - Wolsfeld- Jarvis - Gardner, Inc. initiated a rezoning from BC (M))to BC for the following described properties: 1. The east 300 feet of the west 1685 feet of the north 305 feet of the southwest quarter of Section 2, Township 29, Range 22; subject to road. 2. The south 100 feet of the north 305 feet of that part of the southwest quarter of Section 2, Township 29, Range 22 lying westerly of White Bear Avenue; excepting the west 1685 feet thereof. 3. The south 70 feet of the north 205 feet of that part of the southwest quarter - 3 - 1/23 of Section 2, Township 29, Range 22 lying westerly of White Bear Avenue; excepting the west 1685 feet thereof. This property is also known as 2865 -2855 White Bear Avenue, Maplewood; 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 code. 2. The proposed change will not substantially injure or detract from the use of the 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 community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Approval is subject to the comprehensive plan for Maplewood being amended. Commissioner Fischer seconded. Ayes - Commissioners Fischer, Hejny, Pellish, Sigmundik, Whitcomb. Nays - Commissioners Barrett, Sletten, Prew•. d. Mr. Peter Jarvis, Bennett, Ringrose, Walsfield, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. The following were heard: Dr. Anderson, owner of vacant property between 1905 and 1927 Radatz; Mr. Mike Gehsard, representing Pillsbury and Burger King; Mr. Henry Belisle, 2855 White Bear Avenue; Mrs. Joran, 1905 Radatz, if the area is rezoned she wishes her property to be included; Mr. Jerry Mogren, 2865 Frederick. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 84- 1 -9 WHEREAS, the City of Maplewood and Bennet- Ringrose - Wolsfeld- Jarvis- Gardner, Inc initiated an amendment to the Maplewood comprehensive plan from LSC to SC for the southwest corner of Beam Avenue and White Bear Avenues. WHEREAS, the procedural history of this plan amendment is as follows: 1. This glan amendment was initiated by the City of Maplewood and Bennett- Ringrose- Wolsfeld- Jarvis - Gardner, Inc. - 4 - 1/23 2. The Maplewood Planning Commission held a public hearing on October 3, 1983 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The planning commission recommended to the city council that said plan amendment be approved. 3. The Maplewood City Council considered said plan amendment on January 23, 1984. 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. A buffer zone is not needed, since the property to the south is designated for LSC, limited service commercial use. 2. The property to the north is designated DC, diversified center and the property to the east is designated SC, service commercial. Seconded by Councilmember Maida. Ayes - Mayor Greavu; Councilmembers Bastian, Maida and Wasiluk. Nays - Councilmember Anderson. i. Mayor Greavu introduced the following resolution and moved its adoption: El�dr WHEREAS, the City of Maplewood and Bennett - Ringrose - Wolsfeld- Jarvis - Gardner, Inc. initiated a rezoning from BC (M) to BC for the following described properties: 1. The east 300 feet of the west 1685 feet of the north 305 feet of the southwest quarter of Section 2, Township 29, Range 22; subject to road. 2. The south 100 feet of the north 305 feet of that part of the southwest quarter of Section 2, Township 29, Range 22 lying westerly of White Bear Avenue; excepting the west 1;685 feet thereof. 3. The south 70 feet of the north 205 feet of that part of the southwest quarter of Section 2, Township 29, Range 22 lying westerly of White Bear Avenue; excepting the west 1,685 feet thereof. This property is also known as 2865 -2855 White Bear Avenue, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood and Bennett- Wolsfeld - Jarvis- Gardner, Inc. pursuant to chapter 36, article VII of the Maplewood Code of Ord- inances. ., 2. This rezoning was reviewed by the Maplewood Planning Commission on October 3, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on January 23, 1984, 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 - 5 - 1/23 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 code. 2. The proposed change will not substantially injure or detract from the use of the 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 proposed change would have no negative effect upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Maida. Ayes - Mayor Greavu; Councilmembers Bastian, Maida and Wasiluk. Nays - Councilmember Anderson. j. Councilmember Maida moved to refer the BC(M) zoning ordinance to the Planning Commission for review. Seconded by Councilmember Bastian. Ayes - all. k. Councilmember Anderson moved to refer to the Planning Commission the question of extending the BC(M) zoning to 1905 through a atz. Seconded by Councilmember Wasiluk. Ayes - all. G. AWARD OF BIDS_ None. H. UNFINISHED BUSINESS 1. Rules of Procedures a. Councilmember Bastian introduced the following resolution and moved its adoption: a4 -1 -11 Section 1. MEETINGS Regular: The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 P.M., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Thursday not a holiday. - 6 - 1/23 Special: The Mayor or any two members of the Council by writing filed with the city Clerk at least twenty -four hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve hours before the meeting time. Except for trivial matters,'business transacted at a special meeting shall be limited to that mentioned in the call Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Place: All meetings shall be held in the Council Chambers of the Maplewood Municipal Building unless there is a published notice designating another location. Presiding Officers: The Mayor shall preside at all meetings of the Council. In the a Bence o the Mayor the Acting Mayor shall preside. In the absence of both, the Councilmembers shall elect one of their number as temporary chairman. Ouorum: Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may adjourn from time to time. Order of Business: At the hour appointed for meeting, the members shall be called to order by fFe Mayor, or in his absence by the Acting Mayor, or in the absence of both by the Clerk. The Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum the Council shall proceed to business which shall be conducted in the following order: A. Call to Order B. Roll Call C. Approval of Minutes D. Approval of Agenda E. Consent Agenda F. Public Hearings G. Awarding of Bids H. Unfinished Business I. New Business J. Visitor Presentations K. Council Presentations L. Administrative Presentations M. Adjournment Curfew: No additional agenda item will be discussed after 10:30 P.M. No discussion will continue past 11:00 P.M. Meetings adjourned under this policy will be continued to the next Thursday at 7:00 P.M. The continued meeting will start at the point on'the agenda where the adjournment occurred. No new items will be added to the continued meeting agenda. First Regular: At the first regular Council meeting in January of each year, the � council shall (1) designate the depository of City Funds, (2) designate the official newspaper, (3) choose an Acting Mayor from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (4) review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. - 7 - 1/23 Section 2. AGENDA FOR REGULAR MEETING (1) All matters to be submitted to the Council shall be filed not later than 12:00 Noon on the Monday prior to the Monday Council meeting at which consideration is desired, and shall be delivered to the City Manager, or in his absence the City Clerk. In unusual circumstances and when the matter does not require investigation, an item may be accepted after the deadline upon the approval of the City Manager. (2) Except for trivial matters, no item or business shall be considered for action by the Council which does not appear on the agenda for the meeting, except that an item or urgent business which requires immediate action and is so deter- mined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all reasonable citizen petitions, requests and statements however, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action other than filing, is required or requested. The Mayor and each Councilmember shall be provided with a copy of the agenda, minutes of the previous meeting, and any other reports and information pertinent to the agenda at least seventy -two hours prior to each regular Council meeting. No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been presented to the City Manager for inclusion on the agenda. Section 3. MINUTES : (a) The City Clerk shall keep a record of all Council meetings. (b) Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if each member has previously been provided a copy. (c) The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. Section 4. DUTIES OF THE PRESIDING OFFICER: The presiding officer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions or order, subject, however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He may vote on all questions and on a roll call vote determine the order in which votes are cast. Section 5. RULES OF DEBATE: - 8 - 1/23 (a) The Mayor or other Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the Presiding Officer. (b) Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself to the question under debate avoiding all personalities and indecorous language. (c) A member, once recognized, shall not be interrupted when speaking unless it be to call him to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order is determined and if in order, he shall be permitted to proceed. (d) A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of the Council and must be made by a member of the Council who voted with the prevail- ing side, provided that if such motion to reconsider is passed, then the parties entitled to notice on the original action shall be notified, and the recon- sideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider. (e) A Councilmember may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council, or the reason for his dissent from or support of any action of the Council, entered in the minutes. Such a request may be made at the time of said action or consideration or at the time of the adoption of said minutes. Unless the Council, by motion, objects, such statements shall be entered in the minutes. (f) The Clerk shall enter in the minutes a synopsis of the discussion on any question coming in proper order before the Council. Section 6. ADDRESSING, THE COUNCIL: Any person desiring to address the Council shall first secure the permission of the Presiding Officer. Each person addressing the Council shall give his name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his address to five minutes, except at a public hearing when the limit shall be ten minutes. All remarks should be addressed to the Council as a body and not to any member. No person other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilmember or any member of the Administrative Staff except through the Presiding Officer. Section 7. GENERAL RULES OF ORDER: - g - 1/23 Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an author- ity on parliamentary practice on matters not specifically covered and in case of a conflict these rules shall govern. Section 8. VOTING: Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. Section 9. DECORUM AND ITS ENFORCEMENT: The Council members, while and a member shall neither, proceedings or the peace of refuse to obey the orders o wise herein provided. Section 10. the Council is in session, must preserve order and decorum, by conversation or otherwise, delay or interrupt the the Council, nor disturb any member while speaking or f the Council or its Presiding Officer, except as other- ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS: (a) Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. (b) Every ordinance and resolution shall be presented in writing and read in full at a Council meeting; provided, however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ord- inances, resolutions and motions, the ayes and nays shall be recorded unless the vote is declared unanimous. Upon the request of any member of the Council, the vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by late and except that amend- ments to the comprehensive plan shall require at least four votes in favor. (c) Every ordinance other than emergency ordinances shall have two public readings as provided in Subsection (b) of this Section; and at least fourteen days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. (d) An emergency ordinance is an ordinance necessary for the immediate preservat- ion of the public peace,-,health, morals, safety or welfare in which the emer- gency is defined and declared, passed by a vote of at least four members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in three conspicuous places in the City and twenty - four hours after such filing and posting shall have elapsed or until the ord- inance has been published, unless the person, persons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or ommission complained of. - 10 - 1/23 (e) All ordinances and resolutions shall be filed with the Clerk and made a part of the minutes. Reports, petitions and correspondence shall be filed with the Clerk and made a -part of the minutes by reference. Section 11. CONDUCT OF CITY EMPLOYEES: (a) The City Manager may take part in the discussions of the City Council and may recommend to the Council such measures as he may deem necessary for the welfare of the people and efficient administration of the affairs of the City. He shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereto, however, it is recognized that the City Council is the policy making body for the City and the City Manager shall confine his discussions at Council meetings to statements of fact, recommendations based on his know - lege and experience and explanations of the reasons for the same, and any matters pertaining to administration. (b) No City Employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer questions directed to such employee, or to present factual information. (c) The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof. Section 12. WAIVER: By 4/5 consent of all Councilmembers these rules may be waived. Section 13. ADJOURNMENT: A motion to adjourn shall always be in order and decided without debate. Seconded by Councilmember Maida. Ayes - all. 2. P.A.C. Charges a. Manager Evans presented the staff report. b. Councilmember Wasiluk introduced the following ordinance and moved its ORDINANCE NO. 564 AN ORDINANCE AMENDING THE PARK AVAILABILITY CHARGE THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. To amend Section 21 -67 of the Maplewood Code entitled REQUIRED DEDICATIONS - GENERALLY: - 11 - 1/23 ion: Section 21 -67. That the developer of a be developed for commercial, industrial for public use as parks, playgrounds or opment tract equal to 6 percent thereof be in the amount of 7 percent with said The percentage of the development tract of the Council. iy tract of land in the city which is to or like uses, shall dedicate to the public public open space, such portion of his devel- and on January 1, 1985 and thereafter, shall rate to be reviewed in December, 1985. to be so dedicated may be amended by resolution Section 2. This ordinance shall take effect upon adoption and publication. Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS 1. Agreement With Little Canada on Water (County Road B) a. Manager Evans presented the staff report. b. Mr. Thomas Sweeney, attorney for Little Canada, explained the agreement. c. Councilmember Bastian moved to approve the following agreement between Little Canada and MaDlewood: JOINT POWERS AGREEMENT BETWEEN THE CITY OF LITTLE CANADA AND THE CITY OF MAPLEWOOD TO ALLOW THE CONNECTION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF MAPLEWOOD TO THE LITTLE CANADA MUNICIPAL SANITARY SEWER AND WATER SYSTEMS THIS AGREEMENT, made and entered into this 23rd day of January, 1984, by and between the City of Little Canada, a municipal corporation, County of Ramsey, herein i after referred to as "Little Canada ", and the City of Maplewood, a municipal corpor- ation, County of Ramsey, hereinafter referred to as "Maplewood "; WITNESSETH: WHEREAS, pursuant to Minn. Stat. Section 471.59, Little Canada and Maplewood hereby enter into a Joint Powers Agreement for the purpose of allowing certain real property within Maplewood to connect to Little Canada's municipal sanitary sewer system and water system; and WHEREAS, it is mutually beneficial to Little Canada and Maplewood that certain real property in Maplewood located south of County Road B and east of Rice Street be permitted to connect to the Little Canada utility systems because the respective Maplewood utility systems are not available. NOW, THEREFORE, THE PARTIES agree as follows: 1. The present and proposed uses of the property to be connected shall be approved by the Maplewood City Council. 2. The Little Canada City Engineer shall designate and approve the actual point of connection to the utility systems. The owner of the property to be connected shall apply to Little Canada for permission to connect. Little Canada shall inspect the connections and shall notify Maplewood in a timely fashion to enable Maplewood to inspect said connections. An appropriate map indicating the connections shall be filed with both Little Canada and Maplewood. 12 - 1/23 3. The parties hereto understand and agree that Little Canada will contract with the owners of each property to be connected. Little Canada will determine a connection charge, pursuant, to Minn. Stat. Section 444.075 and applicable Little Canada Ordinances, which shall be paid by each property owner prior to connection to the Little Canada utility systems. Each property owner shall pay to.Little Canada prior to connection to the utility systems the utility availability charges and meter charges, as determined by Little Canada. 4. Each property owner shall pay a usage charge for the respective utilities as determined by the applicable Little Canada Ordinances and Resolutions. Said usage charges shall be payable by the owner of each parcel of real property within thirty (30) days after mailing of the Little Canada utility bills. The 1984 usage charges are as follows: water - $6.00 per SAC unit per quarter and $1.10 per 1000 gallons used; and sewer - $24.00 per SAC unit per quarter, or $1.00 per 1000 gallons used, whichever is greater. The parties understand that the usage charges may be increased or decreased by amendment of the applicable Little Canada Ordinances and Resolutions. 5. In consideration for permission by Little Canada to connect said real property to its utility systems, Maplewood agrees that if the above usage charges are not paid within thirty (30) days of the date on which they are due, Maplewood, upon notification by Little Canada, will determine that such charges, plus penalty, are delinquent, and will do everything within its legal power to certify the amount of the unpaid charges plus penalty to the Ramsey County Auditor for collection with the real estate taxes. It is understood between the parties hereto that Maplewood is not responsible for the collection of unpaid usage charges, plus penalty, other than as provided herein. 6. A copy of this Agreement, as approved by Little Canada and Maplewood, will be attached to and a part of the contracts that will be executed between Little Canada and the owners of the property to be connected to the Little Canada utility systems. The property owners must agree to be bound by the terms and provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement to be effecitve November 1, 1983. Seconded by Councilmember Maida. Ayes - all. 2. Plan Amendment - West of Century between Maryland and Midvale a. Manager Evans presented the staff report. b. Vice Chairman Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Fischer moved the Planning Commission forward the following resolution to the City Council: WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Compre- hensive Plan from RM, residential medium density to RL, residential lower density for the following described property: A strip of property averaging 150 feet in width, lying west of Century Avenue between Maryland Avenue and Midvale Place. This property is more commonly described as 2700 and 2710 Maryland Avenue; 2700, 2701 and 2707 Geranium Avenue; 2702, 2710 and 2711 Stillwater Road; and 1077 and 1059 Century Avenue. - 13 - 1/23- 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 entire area is zoned for and developed as single dwellings. 2. The change would have no adverse effect on the Comprehensive Plan. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Pellish, Prew, Robens, Sigmundik, Sletten, Whitcomb." c. Councilmember Anderson introduced the following resolution and moved its adoption: 84 - 1 - 12 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Compre- hensive Plan from P.M, residential medium density to RL, residential lower density for the following described property: A strip of property averaging 150 feet in width, lying west of Century Avenue between Maryland Avenue and Midvale Place This property is more commonly described as 2700 and 2710 Maryland Avenue; 2700 2701 and 2707 Geranium Avenue; 2702, 2710 and 2711 Stillwater Road; and 1077 and 1059 Century Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. 2. The Maplewood Planning Commission held a public hearing on January 16, 1984 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'rPlanning Commission recommended to the City Council that said plan amendment be approved. 3. The Maplewood City Council considered said plan amendment on January 23, 1984. 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. The entire area is zoned for and developed as single dwellings. 2. The change would have no adverse effect on the Comprehensive Plan. Seconded by Councilmember Wasiluk. 3. Request from Twin Cities Ice Race Association a. Manager Evans presented the staff report. b. Councilmember Maida moved to approve the Association to prohibit a m�T ,otorizeT vehciTe Lake Phalen for a temporary period rom Janu5 T—o--p_e_r_m-iT IGIKA Car Kaces January 28, Ayes - all. st from the Twin Cities Ice Race m en erinn upon the surface of Snowmobile aces e ruar.y 4 - - 14 - 1/23 Seconded by Councilmember Bastian. Ayes - all. 4. Air Conditioning Computer Room a. Manager Evans presented the staff report. b. Mayor Greavu moved to a Room and that the costin t fund to account - the installation of air conditioning the C nt of 0 be transferred rom t o conti Seconded by Councilmember Maida. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Environmental Overlay a. Councilmember Maida questioned how the environmental overlay proposal was pro- gressing. b. Staff stated it was being investigated. 2. Cancer Society a. Councilmember Maida stated three Councilmembers.are needed to sell daffodils for the Cancer Society on March 20 and 21, 1984, at the Town and Country Bank. b. Councilmember Maida will be there from 9:00 A.M. to 12:00 Noon Saturday, March 30, 1984; Mayor Greavu, 12:00 Noon to 3:00 P.M. and Councilmember Anderson, 3:00 P.M. to 6:00 P.M. on March 30, 1984. 3. Cable Appointments a. Councilmember Anderson stated appointments to the Cable Board were needed. b. Councilmember Anderson moved to reappoint Ann Fitch and Todd Peterson as alternates to the Cable Advisory Board. Seconded by Councilmember Maida. Ayes - all. 4. Agenda for Commission Meeting a. Councilmember Anderson questioned if there was an agenda for the up- coming meeting between Council and the Commissions. b. No action taken. 5. Commission Appointments See agenda Item E -A. L. ADMINISTRATIVE PRESENTATIONS - 15 - 1/23 I. Municipal Legislative Committee a. Manager Evans stated there will be a "kick off" dinner for the Municipal Legislative Committee on Monday, January 30, 1984 at the Decathelon Club. Cocktails 6:30 P.M., Dinner 7:30 P.M. M. ADJOURNMENT 9:27 P.M. ityG er - 16 - 1/23 1