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HomeMy WebLinkAbout01-22-1970AGENDA Maplewood Village Council 7:30 P.M., Thursday, January 22, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 - 2 (A) CALL TO ORDER (B) APPROVAL OF MINUTES 1. Minutes No. 1 (January 8, 1970) (C) PUBLIC HEARINGS - BID AWARDS 1. Hearing Continuation - Adoption of Zoning Maps 2. Hearing Continuation - Rezoning of property north of Frost Avenue (R -1 to LBC) (D) APPROVAL OF ACCOUNTS (E) VISITOR DISCUSSION (F) COUNCIL ACTION ITEMS 1. Request for Payment: City of St. Paul Sewer Billings 2. Citizen Petition Re: Rubbish and Trash Hauling Practices _ 3. Feasibility Report: Skillman - Edgemont Area (Holland Development Co.) 4. Correction of Assessment: Price Avenue Improvement 5. Building Plan Review (Richard Anderson) 6. Building Plan Review (Van Dyke at Larpenteur) 7. Building Plan Review (Fred Moore Project) B. Attorney's Opinion: Bor Son Property 9. Attorney's Opinion: Time Limit on Reconsiderations 10. Attorney's Opinion: Effects of errors re: zoning map adoption 11. Request for Resolution Re: County Government Study 12. 13. 14. 15. (G) COUNCIL PRESENTATIONS 1. Mayor 2. Councilmen (H). STAFF PRESENTATION (I ) ADJOURNbIENT / I AGENDA Maplewood Villag� Council 7:30 P.M., Thursday, January 22, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 ~ % CALL TO ORDER (B) APPROVAL OF MINUTES v»' ' » l° Minutes 0u, l (January 8, 1970 ''~ z ��'c (C) PUBLIC HEARINGS - BID AWARDS / //7 - - l^ Hearing Continuation ~ Adoption or Zoning Maps 2^ Hearing Continuation ~ Rezoning of property north of Frost 4venue /B~I to L8C` (D�/ APPROVAL OF PLC (E) VISITOR DISCUSSION (F) CCOUIICTL ACTION ITEMS 41� Request for Payment: City of St. Paul Sew Citizen Petition Re: Rubbiz:h 2P.1 Trash Hauling Pr-actices Correction of Assessirient: Price enue Improvement Building Plan Review (Richard Anderson i Building Plan Review (Van Dyke a". Larpenteur)_ Building Plan Revie.'/ �*| ./ y/ I~ tturoey'o opinion: Time limit on Reconsideration ' Opinion: Effects,of errors.re: zoning,map adoptiou_~~._~� / / ll. Request for Resolution 8e: County Government Ptudy l2^ 13. l4^ 15. (G) COUNCIL PRESENTATIONS l~ Mayor 2" Councilmen (H). STAFF PRESENTATION (I) ADJOURNME14T ./ 1380 FROST AVENUE — MAPLEWOOD, MINNESOTA 55109 January 209 1970 Honorable Mayor and Village Council Re: Council Agenda for January 22,1970 The following is a summarization of the Agenda Items for the above referenced meeting. I T E M Descri +ion C -1 Continuation of Zoning Map Hearings. Without proper evidence of rezonings of the Kohlman Lane parcel, it appears that the property owners concern is not truly the zoning, but the development possibilities in the zoning class. As previously recommended, the hearing is for the purpose of "adopting present zonings as official," not proposing changes. This is another action entirely, and more specifically, a function of a general plan. C -2 The school district has sent a letter regarding the rezoning proposal north of Frost Avenue. They do not oppose this action. A copy of the letter is attached. F -1 The City of St. Paul has requested payment on our sewer billings. We have made no payment since December of 1967. With Council approval, we would like to recommend that payment be made of billings to the Village through 1968, and that the balance be withheld until such time as our new contract is executed. F -2 Citizen has requested placement on agenda to discuss a petition which asks the village to enter the rubbish and trash hauling business. We are currently studying the new legislation as it affects the Village, and a report is forthcoming. We recommend acknowledgement and filing of the petition pending our report. F -3 The feasibility report for the Holland site will be ready for your report, review. We would recommend that the Council, prior to hearing p request information from the staff on this company's operating pro- cedures and financial status in so far as it relates to ability to finance an escrow agreement. Since Holland has not furnished such information per your request of last meeting, our reply would be that it is not available. Lacking that information, you may not wish to entertain the feasibility report on your agenda. Michael G. Miller OFFICE OF E MANAGER Village Manager = VILLAGE �(Jj PLEWOOD OFFICE 777 -8131 1380 FROST AVENUE — MAPLEWOOD, MINNESOTA 55109 January 209 1970 Honorable Mayor and Village Council Re: Council Agenda for January 22,1970 The following is a summarization of the Agenda Items for the above referenced meeting. I T E M Descri +ion C -1 Continuation of Zoning Map Hearings. Without proper evidence of rezonings of the Kohlman Lane parcel, it appears that the property owners concern is not truly the zoning, but the development possibilities in the zoning class. As previously recommended, the hearing is for the purpose of "adopting present zonings as official," not proposing changes. This is another action entirely, and more specifically, a function of a general plan. C -2 The school district has sent a letter regarding the rezoning proposal north of Frost Avenue. They do not oppose this action. A copy of the letter is attached. F -1 The City of St. Paul has requested payment on our sewer billings. We have made no payment since December of 1967. With Council approval, we would like to recommend that payment be made of billings to the Village through 1968, and that the balance be withheld until such time as our new contract is executed. F -2 Citizen has requested placement on agenda to discuss a petition which asks the village to enter the rubbish and trash hauling business. We are currently studying the new legislation as it affects the Village, and a report is forthcoming. We recommend acknowledgement and filing of the petition pending our report. F -3 The feasibility report for the Holland site will be ready for your report, review. We would recommend that the Council, prior to hearing p request information from the staff on this company's operating pro- cedures and financial status in so far as it relates to ability to finance an escrow agreement. Since Holland has not furnished such information per your request of last meeting, our reply would be that it is not available. Lacking that information, you may not wish to entertain the feasibility report on your agenda. January 20, 1970 Honorable Mayor and Village Council F -4 We have been made aware of an error in the computation of the assessment for a driveway apron at 1415 Price Avenue ( Prive Avenue Improvement). We ask for a resolution correcting the assessment by deducting $15.17. F -5 This is the proposal for the building at Kin stongathatd anon. Mr. Anderson wishes to obtain a permit some direction from the Council. F -6 Building plans have been submitted for a Bridgeman's store. We would recommend approval with conditions which will be outlined by the staff. F -7 Mr. Moore has submitted building plans for his initial stage, and also a proposal for the east half of the approved site. Mr. Saida will explain this item. F -8 Copies have previously been forwarded to the Council. F -91 Mr. Parks will submit these opinions as requested at the January 8th 10 meeting. the F -11 Councilman Wiegert is prepared to make ia statement regardiniscuss also "County Government Study." The this matter. Add F -12 Routine. The Change Order is for the Highwood Project, and amoun s to $1568.43. Add ublic hearing on d F -13 The Village of North St. Paul proposes to north of January 29, 1970, for the p ose p T.H. 36 between Ariel Street and McKnight Road. We feel this rezoning has a significant impact on Maplewood, and would therefore request that the Council consider taking official notice. F -14 Mr. Harold Prust's term expires this year. He is willing and desires to be reappointed to serve on the Police Civil Service Commission- to recommend this appointment. Respectfully,submitted, Michael G- Miller Minutes of the Maplewood Village Council 7:30 P.M., Thursday, January 22, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 - 2 A. CALL TO ORDER A regular meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Administration Building and was called to order by Mayor Axdahl. ROLL CALL: Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald Haugan, Councilman Present Patricia Olson, Councilwoman Present Donald Wiegert, Councilman Present B. APPROVAL OF MINUTES 1. Councilman Wiegert moved that the minutes of Meeting No. 1 (January.8, 1970) be approved as corrected. Page 9: Councilwoman Olson requested a legal opinion of the implication of adopting an erroneous zoning map. Seconded by Councilwoman Olson. Ayes - all. Manager Michael Miller requested that Item F -10 be discussed at this time. ITEM F - 10. Attorney's Opinion: Effects of Errors Re: Zoning Map Adoption. 1. Councilwoman Olson requested that since the legal opinion was just given the Council would Attorney Clayton Parks read the legal opinion. 2. Village Attorney Parks read the following legal opinion: January 20th, 1970 The Honorable Lester Axdahl Mayor of the Village of Maplewood Municipal Building 1380 Frost Avenue Maplewood, Minnesota Dear Mayor Axdahl: At the request of the Village Council, the following legal opinion is hereby submitted by the Village Attorney on a hypothetical question concerning the official zoning map of the Village of Maplewood. The Village is presently in the process of adopting an official zoning map for Maplewood. By and large, the zones as established are not in dispute, but in certain instances, there have been questions raised as to the validity of the zoning on particular parcels of land. - 1 - 1 -22 Wherever these questions have arisen, the Village Planner has made an inspection and investigation of all of the documents and records pertaining to the particular land and made a determination as to what the true zoning designation is. The legal question posed by this situation is as follows: Assuming that the Village Council adopts the proposed zoning map as the official zoning map of the Village of Maplewood, and sometime subsequent to said adoption it is discovered that an error has been made with re- spect to some particular piece of land, will the Council be able to re- zone said property in order to correct the error and, in.the event such rezoning is accomplished, will the Village, as a result thereof, be subject to liability to a subsequent purchaser of said property who relied on the official zoning map at the time of his purchase? It probably is impossible to give a simple yes or no answer to this question. There has been no law written on the Subject and chances are there will not be for a long time, if ever, because the possibilities of such an event occurring are extremely remote. First, it must be realized that before a zoning map is adopted, a good deal of investigation and effort is made by the staff to determine the proper zoning districts. Hearings are then held in order to give interested parties an opportunity to present evidence in the event of a dispute as to the proper classification of a piece of property. The possibility of error is highly unlikely. Assuming, however, that such an error were made, then some other questions must be asked in order to answer the main question. First, when the subsequent purchaser bought the property, did he rely entirely on the zoning map or did he also rely on a representation from the seller or some other information? If he had reason to believe that the zoning map might be in error, then, of course, it would be incumbent on him to investigate further to be certain what kind of property he was buying. If he purchased the property in good faith and, in reliance upon the zoning map, the Council probably could not re -zone the property back to its original classification without compensating the owner for the loss he suffered if, in fact, there was such a loss. As a practical matter, however, the Council probably would not be inclined to attempt a re- zoning in a situa- tion like this, because it would be contrary to the wishes and interests of the property owner himself, and contrary to the interests of the Village. If the owner of the property requested the Village to re -zone the property, then obviously there would be no problem in the re- zoning, and it would certainly be obligatory on the part of the Council to initiate such a re- zoning. If the ownership of the property did not change prior to or subsequent to the adoption of the zoning map, there would, of course, be no problem, because the Council, upon discovering the error, could simply initiate a re- zoning and the position of the landowner would in no way be changed to his own detriment. From the foregoing, it would appear that there is a remote possibility of the Village incurring some liability to a property owner under certain circum- stances. It is my opinion that the chance of such an event occurring is so remote that consideration of the question should not interfere with the adoption of the zoning map. It must be remembered that the Council would have control of any situation that might develop. In other words, the Council would not be forced to re -zone a piece of property, thereby creating any liability, but rather could merely let the property remain with the classification as designated by the zoning map and the owner of the property would have no com- plaint or cause of action. CPJr:srt Respectfully submitted, Clayton Parks, Jr. Village Attorney - 2 - 1 -22 PUBLIC HEARINGS - BID A14ARDS 1. Hearing Continuation - Adoption of Zoning Maps a. Mayor Axdahl convened the meeting on the Public Hearing Continuation of the adoption of the Official Zoning Maps. b. Following answering of questions, Councilman Wiegert moved to approve the adoption of the zoning maps and introduced the following resolution: No. 70 -1 -7. Seconded by Councilman Greavu. c. A resident of the Keller Parkwav- Kohlman Avenue Area stated he felt more discussion should be heard regarding Lot 6, ICohlmans Addition. The residents of this area feel the property is zoned residential and not business and commercial. Manager Miller stated Administrator Seida had investigated the question of zoning and had found nothing factual to change the zoning of this area from Business and Commercial. d. Following further discussion, Councilman Wiegert moved to restate his motion to approve the Official Zoning Maps excerpting Section 4 and continue that portion of the hearing until the next meeting and introduced the followine resolution and moved its adoption: 70 -1 -7 WHEREAS, the Village Council of Maplewood, Minnesota, as provided under Section 902.020 of the Maplewood Municipal Code has conducted the necessary public hearings regarding the re- adoption of an official Land Use Control Map, more commonly identified as the "Zoning Map of the Village of Maplewood" which includes the following described lands: All of Section 1 and 2, T 29, R 22 except those areas within the municipal limits of the Village of North St. Paul; All of Section 3, T 29, R 22; All of Section 8, T 29, R 22, except those areas writhing the municipal limits of the Village of Little Canada; All of Sections 9 and 10, T 29, R 22; All of Sections 11, 13 and 14, except those areas within the municipal limits of the Village of North St. Paul' All of Sections 15, 16, 17, 18, 24, 25 and 36, T 29, R 22; All of Sections 1, 12, 13 and 24, T 28, R 22. - 3 - 1 -22 WHEREAS, this Council is of the opinion that such action is necessary to promote the health, safety, morals and general welfare of the inhabitants of the Village of Maplewood by lessen- ing congestion in the streets, securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; conserving the value of properties and encouraging the most appropriate use of lands within the Village of Maplewood. '10W, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, after having considered and publicly heard all remarks regarding said maps it is the action of the Village Council that said described maps be hereby adopted as the " Official" zoning map for the Village of Maplewood. Seconied by Councilman Greavu. Ayes - I tll . 2. Hearing Continuation - Rezoning of Proierty North of Frost Avenue. a. Mayor Axdahl convened the meeting regarding the Public Hearing Continuation of the rezoning of the property north of Frost Aven.ie. b. Manag =_r Miller explained that this rezoning hearing had been con'A.nued to enable the School Board of Distiict 622 to have an opportunit7 to act oa this matter. Mr. Miller stated he had received a letter :rom the School Board stating that they have no objections to the proposed rezoning. c. Mayor Axdahl called for formal objections to this proposed rezoning. No objectors were heard. d. Councilman Greavu introduced the fallowing resolution and moved its adoption: 70 -1 -8 WHEREAS, Council instituted the action to rezone the following described property and a hearing was set as provided under Section 915.C20 of the Municipal Code of the Village of Maplewood: Lots 1, 3, 4, 5, 6, 7, 8,9,10,11, 12,13, 14, 15, Block ]. , Gladstone Addi,:ion Lots 1,2,3,4,5,6,19, 20, 21,22,23,24,25,26,-and 27, Block 11, Gladstone Addi --ion whicl. has been proposed for rezoning from R -1 Single Family Resi,ence to LBC Limited Business :,ommercial and WHEREAS, a public hearing was held on January 22, 1970 at 8:00 P.M. in the Village Hall, notice thereof having been duly publ:.shed in the Official Village 'lewspaper, and notices of said hearing having been mailed tE all property owners of recorl withiz.200 feet of the area proposed for rezoning; and - 4 -• 1 -22 WHEREAS, all objections and recommendations relative thereto were heard by the Village Council; and . WHEREAS, it appears for the best interest of the public that said zoning be granted; NOW,THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the above described rezoning be granted. Seconded by Councilman Wiegert. Ayes - all. D. APPROVAL OF ACCOUNTS 1. Councilman Greavu moved that the a.ccoiints in the amount of $195,463.88 (Part 1, Fees; Services, Expenses Chec.c No. 8$59 tT'rough Chec —IVo.. -977, $i81, 382.53; Part II, Payroll, Check No. 1 through Check. 57, $].4,031.35) be paid. Seconded by Councilman Haug6.n. Ayes - all. E. VISITOR DISC`JSSION 1. Miss Gri.iell, Maplewood Librarian appEared before the Council to st._te that the library is not being used to its fullest capacity. She feels that its location is a detriment. ThE library has printed folders includin,; maps showing where the library is located,and requested t1.at the map ')e published in the Maplewood Review. The Council directed this to loe done. 2. Mr. Glenti Becklund, 2325 Linwood Avenue wanted to know how the City of St. Paul can build a large structure on Maplewood property withott the residents aware of it. The Council stated that the structure is a water tower and the City of St. Paul proceeds under "eminent domain" and also under the policies regarding .iealth and welfare.' Mr. BeckJund also wondered when he would start paying interest on the assessment for the water improvement tliat was constructed last fall. Assessmer.t hearings will be held this Nall and he will be notified. F. COUNCIL ACTICN ITEMS 1. Request for Payment: City of St. Paul Sewer Billings. a. The City of St. Paul has requested payment on Maplewood's sewer billings. There has been no payment made since December, 1967. With 'ouncil approval, the staff wculd like to recommend that payment be made of billings to the Village through 1968, and tha: the br.lance be withheld until such time as our new contract is e::- ecutel. b. Councilman Greavu moved to accept the recommendation of the staf: and submit payment of the sewer billings through 1968. Seconded by Counc Tl oman Olson. Ayes - all. 2. Citizen P!tition Re: Rubbish and Trash Hauling Practices. a. Dick ',veton, 70 Mayhill Road presen.ed a petition regarding trasl: . and h..uling practices. He stated nat the increasing costs and lack tf service in his area alone i_idicated the possibility' of tLe Villa;,e instituting a Village opera :ed. garbage and trash collect: on to be billed as a separate item. - 5 - _ l -i2 b. The petition was acknowledged and filed. Council stated due to recent action taken by the Pollution Control to eliminate back yard burning, this matter will be incorporated in the present studies.. 3. Feasibility Report: Skillman - Edgemont a. Feasibility report is not completed and will be submitted at the next meeting. 4. Correction of Assessment: Price Avenue Improvement. a. Councilwoman Olson introduced the following resolution and moved :_ts adopttiun: 70 -1 -9 WJEREAS, pursuant to resolution_ No. 69 - 9 - 158 of the villige Council of Maplewood, Minnesota adopted September 10, 1969, the special assessments for the construction of Price Avenue Curb and Gutter, were levied against propert;• described by County Auditor'3 Code N). 57 7650 070 01; and WIEREAS, $15.17 of the aforesa'd assessment, was levied in error: NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the asse;,sment for Price Avenue Curb and Gutter against the propert:• described by County Auditor's Code No. 57 7650 070 01 be correctl, certified to the Auditor of Ramsey County by deleting therefrom the amount of $15.17. Seconded by Councilman Haugan. Ayes - all. 5. Building Plan Review (Richard Anderson) a. Administration Seida stated that th! applicant Richard Anderson, requested to build an office with a dwelling unit on the S W corner of Edgerton Street and Kings:on Avenue. The lot is an under sized lot situated on King sto: Avenue which is an unimproved platt(d street. The lot is presently zoned Business and Commerc.al. Mr. ScAda further stated that he re--ommended that the building p..ans be approved subject to several conditions being complied with. b. Mr. Richard Borowski who lives to tie south of the proposed building site stated at a previous neeting that if Kingston Avenuo were to be vacated, he would lose access to his garage. c. Mr. Donald Lais, attorney for Mr. forowski, stated Mr. Borowski and M77. Anderson had reached agreen ent. d. Councilman Greavu moved approval of the building plans for an off.ic � building and dwelling .uni.t : ub:ject to -the following list of co editions : _ 6 - 1 -22 1. Plans as submitted are approved by Council for 6 months only. If no permit is drawn for the Project by July 22, 1970 then Council approval is recinded. 2. The Apt. in combination with the office use is recognized and approved by the Council for the -resent ownership of the land and proposed structure. 3. Kingston Avenue shall be improved by the appli- cant to a width of 20 - 25 feet and .that off- street parking within the improvement be banned <,nd so signed. Further, such street west of Edgerton shall be declared as .a public street used for private drive -way purposes. Seconded by Councilman Wiegert. Ayes - all. e. Counc.ilman Greavu moved to post "r.o parking" signs on Kingston Avern e west of Edgerton Street. Seconded-by Councilman Haugan. Ayes - all. 6. Building Plan Review (Van Dyke at Larpenteur Avenue) a. Admit.istrator Bailey Seida presented building plan request to construct office and business and commercial establishment at the north =hie,- t corn(r of Van Dyke Street and Larpenteur Avenue. The original request had teen filed - June, 1969, , and had been given a stipulation of six nonths to obtain the necessary building permits. .The six month period has elapsed and this would have to be reinstated. b. Councilman Haugan moved that the oieral plan be readopted and re- attachment of stipulations of the_Driginal plan. Seconded by Councilman Wiegert. Ayes - all. c. Councilman Wiegert moved approval )f the building ol.ans subiect to the following conditions: 1. Criginal overall plan and conditions for entire 2 acre tract be reinstated for as was approved June 5, 1969. 2. The curb cut, as shown, shall ')e as indicated on the original plan approved June 5, 1969 for Larpenteur Avenue. 3. The Sidewalk along the west side of the proposed bldg. .zall be extended to the north side of said bldg. 4. Aa 8' wide sidewalk shall be itstalled across south side of property along Larpent,:ur adjacent to property line. 5. Curb cut on Larpenteur, althou;;h existing shall be re- -viewed and approved for additiiinal traffic use by Ramsey County as a result of the proposed use. 7 - - 1--2 6. Curb cuts approved shall be increased in opening width to 30 ft. 7. No,_ outside storage shall be allowed. 8. The designated curb cut on Van Dyke Street which is to be located 170 ft. north of Larp enteur Avenue is approved as a temporary. curb cut only. The temporary status is clarified to mean that such curb cut will be eliminated urler the following conditions: 1. If the Village Engineer det =.rmines that such elimina- tion is necessary to improve safety, circulation, and general traffic conditions of the street and area, or 2. Upon approval of an occupancy permit to and sub- sequent construction to the north of this construction. That is upon any or all of :rots 13,14,15,16, Blk. 2, Meister Highlands. Whichever of the above 2 qualifications occurs first shall be cause for closure of the curb cut. Such -,ut shall be relocated as shoe n on the: master control plan covering Lots 10 -16, Blk 2, Meister Highlands. MoreoNer, a written agreement signet by the land owner and tenent of this first phase construction agreeing to such temporary status cf this curb cut shall be signed and returned to the Village acknowled girg the qualifying conditions. 9. Tfese Plans shall be approved for 6 months only. Such wppro�al tc expire July 22, 1970. Failure to obtain a bldg. permit within said time will cause said approval by the Village Council to bet automatically voided. 10. All parking areas shall be hardsurfaced and stripped prior to occupancy approval. 11. A:1 drainage plans of the site shall be subject to approval ty tle Village Engineer. 12. A landscaping plan and methods of implementation shall be subject tc. the director of planning approval prior to occupancy approval. Seconded b, Councilman Greavu. 7. Building P:.an Review (Fred Moore Project) Ayes all. a. Admini:,trator Seida presented plans for the Fred Moore development. at Furnes and Holloway and brought the Council up to date as to pre•ious action taken on this matter. Mr. Mcore requested approval of the Phase . building plans and also approval for Phase II in concept Only. b. Coun.ci..man Greavu moved apt?r.oval of Phase I building plans TaitI t_lce follow .ng list of stipulations: * Correction - Item C -1: Councilwoman Olson questioned if the adoption of the zoning maps should n o-t -have been an amendment .to the ordinance instead of by resolution. After further discussion, it was suggested that.a new section should be added to Section 902 of the Maplewood Ordinance reflecting the action taken by the Council in adopting the zoning maps, and also correct any error that might have been made in adopting rezonings by resolution. - 8 -- 1 -2 ;. 1. Plan for Phase II is approved in concept only for total planning control and is referred to.the Planning Commission for Planning considerations. 2. Only Phase I as shown on the submitted plan for 108 dwelling units is being considered at this time. 3. A service road for all construction traffic to Phase I will be required from Larpenteur Avenue north to the si_e. Such route shall be subject to Village Engineer A- voroval. Further, a maintenance guarantee covering in-= licted damage and policing of mud, rock, etc upon La-penteur Avenue. Subject to Village Engineer approval. 4. A11 landscaping plans shall be subject to approval by tha planning office subject to review by Village Council prior to occupancy approval. 5. Ne incineration facilities shall. be allowed within any buildings or on the premises. 6. All sliding glass doors to patio's or balconies shall be cc nstructed ,of safety glass. 7. All utility plans, & drainage p-ans shall be subject to V-111age Enginner approval. 8. A curb system shall be required along the west side of Furness Street for the length o7 the project.. 9. Wood panels are approved as exterior decorative materials for the residential bldgs. 10. Shingles and street side exterior of the garages shall be s,ibject to planning office approval. *11. Before occupancy approval of Phase I, Phase 2 portion must b� finally resolved in.detail and approved. 12. Fire, area lighting, and security of the Phase I shall be subject to approval by the Director of Public Safety. 13. Approval of Phase I bldg. plans is for 6 months only. Council approval of said plans expires July 22, 1970 if no building permit is drawn by such date. Seconded ty Councilman Wiegert. Ayes - all. C. Councilman Wiegert moved oval o_- Phase II for concept only subject to staff recommendations. Seconded by Councilman Gre�vu. Ayes-all 8. Attorney': Opinion: Bor Son Property. s a. Acknoi,ledged and filed. *Correction ­Item F -7 b -11: "Before occupancy approval of Phase 1, Phase II portion must be finally resolved in detail and approved, and a road south to Larpenteur Avenue be- constructed to handle construction traffic and provide another access.!!! 9 9. Attorney's Opinion, Time Limit on Reconsiderations. a. Attorney Clayton Parks submitted the legal opinion on Time Limit on Reconsiderations. b. The legal opinion was acknowledged and filed and is to be incorporated in the proposed by-laws of the Council now being prepared. 10. Attorney's Opinion: Effects of errors re: zoning map adoption. a. DisCU3sed under Item C -1 11. Request for Resolution Re: County Government Study. a. CouncLlman Wie.gert wished to withdra�z his proposed resolution and comments and at a later date w_'.11 pub] "jg�, a. brief personal op tnion. 12. Change Order - Highwood Avenue Project, a. AdminLstrator Tom McMahon presentec a Change Order for the Highwood Project in the amount of ;1,568.43. b. Councilman Wiegert introduced the Jollowing resolution and moved its ado t�ion: 70 -1 -10 RESOLVED, by the Village Council of Maplewood, Minnesota that Change Order to the contract for construction of Imp-.No- 68 - SAS - 2 Highwood Avenue Project in the amount of $1,568.43. be and hereby is in all things appaoved. FURTHER, that the Mayor and Clerk be and hereby are authorized and instructed to execute the said Change Order for and on behalf of the 4 illage. Secorded by Councilwoman Olson. Ayes - all. 13. Village of North St. Paul Proposed Rezoning. a. Manager Miller stated the staff had received word of a proposed rezoning at McKnight Road and Highway 36, and wanted to make Council aware of the problems it may cause Maplewood and at a staff level state these problems to North St. Paul. b. Council directed staff to make known to North St. Paul the poss_ble effects on Maplewood this rezoning might 'nave. 14. Civil Service Appointments. a. Mana£er Miller in the Council of the Maplewood Police Civ:1 Serv'.ce Commission's recommendatioi to reappoint Harold Prust to a three year term as a commissi)ner. His term expires this ?ear. b. Coun­•.ilman Greavu moved to accept .he Police Civil Service Comm: ssion'.: recoi .mendation and appoint rlr. fI_ar )ld Prust t_c a three year t:erc as Comm'..ssioner. Seconded by Council can Wiegert. Ayes - all. - 10 - 1 -2 15. Change in Bus Route. a. Manager Miller stated he had received a letter from the Twin j City Lines, Inc. requesting re- routing of the new Conway - Tanners Lake buses off Conway-Avenue onto M Avenue -in the 3M Complex. b. Councilman Wiegert moved approval of the Twin City Lines, Inc. request to reroute the Conway- Tanners Lake Buses to provide service to M Avenue in the 3M Complex continquent upon the staff contacting 3M and receiving their approval. Seconded by Councilwoman Olson. Ayes - a:.l. 16. Ordinance No. 257. (First Reading) a. Councilman Greavu introduced the following Ordinance and moved its adoption: (First Reading) ORDINANCE D0. 257 AN ORDINANCE AMENDING THE MAPLEWOOD CODE BY ADDING A NEW CHAPTER 209 RELATING TO THE . COLLECTION OF ASSESSMENTS FCR IMPROVEMENTS. Seconded by Councilman Haugan. Ayes .ill. 17. Ordinance No. 258 (First Reading) i a. Councilwoman Olson introduced the following Ordinance and moved its adoption: (First Reading) ORDINANCE NC. 258 AN ORDINANCE AMENDING THE rAPLEW00D CODE RELATING TO PAYMENT OF SEWER RENTAL CHARGES, OR DELINQUENCIES THEREOF. Seconded by Councilman Greavu. Ayes - ill. G. COUNCIL PRESENTATIONS 1. Mayor a. The Ordinance on Snowmobiles was discussed at the R.S.L.M. Meetina. Decision delayed for two weeks. b. Pr000sed water study. The R.C.L.M. donated $100.00 tow,rds the water study. The approximate cost of said study wall be $1.2,000.00. c. Received a letter of resignation from Mr. Richard Lofgren of the Park and Recreation Commissi-n. Councilman Wiegert moved to acce,t the resignation of Mr. Ric_iard Lofgren with regrets and forward a letter of corrnendation to him. Seconded by Councilman Greavu. Ayes - a3l. 11 - 1 -22 d. There will be a meeting regarding the Pollution Control on February 12, 1970 at the Municipal Administration f Building. 2. Councilmen. a: Cou.icilwoman Olson requested that the reconsideration policy be incorporated into the Council by -laws. b. Councilman Wiegert questioned the procedures of selecting the Acting Mayor. Mayor Axdahl vas asked if he made a motion. He ,Mated he did. H. STAFF PRESENTATIONS NONE i. ADJOURNMENT: 11:40 P.M. Ci Clerk - 12 - 1 -,.2 ACCOUNTS PAYABLE PART I FEES - SERVICES - EXPENSES JANUARY 22, 1970 ITEM NO. CHECK NO. CLAIMANT PURPOSE AMOUNT 1. 8859 2. 8860 3. 8861 4. 8862 5. 8863 6. 8864 8865 8866 8867 8868 8870 8871 8872 8873 8874 8875 8876 8877 8878 8879 8880 8881 8882 8883 8884 8885 8886 8887 8888 8889 8890 8891 8892 8893 8894 8895 8896 8897. 8898 8899 8900 8901 8902 Memmer,Caswell & Parks Dec. services $ 355.00 Oscar Londin Dec. services 528.00 Preferred Travel Service Transportation- J.McNulty 110.00 Commissioner of Taxation Dec. remittance 1,895.80 First State Bank of St.Paul Dec. remittance 7,656.70 State Treas., Social Security Fund 4th qtr. 1969 payment 1,757.40 Val J. Bjornson, Treas. PERA remittance 1,277.97 Val J. Bjornson, Treas. PERA remittance 1,452.81 Commissioner of Taxation Minn.. State Sales Tax 1.82 John P. Joyce FICA refund 19.49 Postmaster Mailing permit 15.00 VOID University of Minn. Parking fee 4.00 University of Minn. Registration fee 75.00 Management Info. Service Publication 115.00 Superamerica Services 5.48 Northwest Leasing Co. January payment 80.62 Jim Christys Town Chrysler Service 4.91 Hilltop Texaco Service 54.45 Warners Supplies 2.49 Motorola 'C & E Maintenance 103.50 Northwestern Bell Telephoie 777 -8191 78.57 Northwestern Bell Telephone Teletype service 213.45 Motorola C & E Maintenance- CD 4.65 Associated Capital-Service Radio Lease 7.52 Northern States Power Sirens 7.00 Xerox Corp. Supplies 203:.18 Twentieth Century "Printing Supplies 71.00 Lee's Floor and Janitor Service 520.75 Lake Sanitation Service 15.00 Northwestern Bell Service 6.75 Northwestern Bell 777 8131 605.69 Northern States Power Utilities 652.00 Board of Water Comrs. Utilities 36 12 Northwestern Bell 777 8131S1 -Bell & Light 45:00 National Fire Protection Publications 4.68 Minn. State Fire Chiefs Dues 2.00 National Fire Protection Dues 30.00 Chief H. Richard Harrigan Membership 20.00 Twentieth Century Printing Supplies 12.40 Emergency Vehicle Supply Lease 65.00 Twin City Testing Lab. Nitrate tests 22.50 Scranto Publishing Co. Subscription 7.50 1/22/70 t i AMOUNT t 4.00 2.38 107.45 697.)0 Material 91.10 24.75 29.99 24.59 25.00 220.78 550.44 47.69 - 11.72 1.00 2.50 17.75 116.31 i.ng 1,412.59 ng 30.06 239.50 _ 10.00 78.75 45.29 232.39 44.00 Utilities 525.49 :g 41.26 8.25 87.50 6.00 48.13 52.50 201.25' 302.00 305.38 68.38 94.50 67.50 87.19 6.00 17.00 1.75 e 1,840.74 331.10 64.00 49.25 54.34 15.10 416.00 284.00 5,849.33 1/21.,170 .98. 8957 Law and Order Magazine .Publications ` L,• W 99. 8958 Twentieth Century Printing; Printing 43.50 100. ' 8959 Minn. Chiefs of Police '1970 Dues 20.00 101. 8960 Sinclair Oil ,Corp. Gasoline 1,153.83 102. 8961 Metropoliten�.Calculator Service.a re,ement g 28.00 103. 8962 Arcon Construction „.:Contract payment 400.92 104. 8963 Robert Westbrook Refund on,,Wtr conn. 171:95 105. 8964 Bettenburg Townsend Stolte & Comb Eng. service 331.60 106. 8965 American National Bank - San.Swr.,bds dtd 2 /15/59- 5,192.25 107. 8966 American National Bank San. Swr..bds dated 8/1/63 .19,671.56 108. 8967 Village of North St.Paul .Holloway Wtr..Impr. 3,466.51 109. 8968 Shafer Contracting Co. Est. #.3- Highwood 115,397.32 110, 8969 I. U. 0. E. Jan. union dues 50.00 111. 8970 Lawrence S_Olson Services,.: 260:00 112. 8971 City and,County Employees Credit Union Jan. remittance 118. 00 113 8972 Ramsey County Registrar. of Titles .. Registration of title 10.00 p., A4. 8973 Hillcrest Car Wash Services 20.00 l�,S. -8974 Twentieth .Century "Printing Services 34.50 i li'.6 8975 Van Derhule Moving & Stora� Moving expense 580.00 8976 Don Marrone Ford Inc. Repairs 117.52 �{ 8. 8977 Postmaster Mailing deposit 150.00 Check:No. 8859 through Check No. 8977 TOTAL PART I $181,382.53 1/22/70 k F t 1/22/70 PART II # PAYROLL ITEM-..NO. AMOUNT CHECK N0. CLAIMANT k S 1. 01 Michael G. Miller $ 329.30: 2. 02 Lucille E. Aurelius 248.13 i 3. 03 Barbara J. Feyereish 140.17 4. 04 Phyllis C. Green 109.16 5. 05 Arline J. Hagen 207.88 6. 06 Lydia A Smail 132.03 7. 07 Irene M. Juutilainen 47.92 '. } 8. 08 Charles E. Anderson 296.92 9. 09 David L. ArnoLd 287.68 10. 10 John H. Atchison il,2 71.01 S 11. 11 Anthony G. Cahanes "'310.45 12. 12 Dale K. Clauson 262.35 13. 13 Kenneth V. Collins 279.76 14. 14 Dennis S. Cusick 315.73 15. 15 "Dennis J. Delmont 230.76 16. 16 Robin A. DeRocker 319.79 17. 17 Richard C. Drager 272.49 18. 18 Patricia "Y. Ferrazzo 204.92 19. 19 Norman L. Green 321.24 20. 20 Thomas L. Hagen 390.24 ' 21. 21 David J. Hahn 256.80 22. 22 Donald V. Kortus 104.24 23. .23 Roger W. Lee 282.55 24. 24 John J. McNulty 274.0.0 25. 25 Robert D. Nelson 284.30 26. 26 Gerald E. Neuspickle 180.50 27. 27 Richard W. Schaller _.406.65 28. 28 Duane J. Williams 279.80 29. 29 Joseph P. Zappa 335.87 30. 30 Sandra J. Mosner 93.81 31. 31 Marcella M. Mottaz 152.62 32. 32 Alfred C.Schadt 326.94 33. 33 Frank J. Sailer 122.89 34. 34 Raymond J.Hite, Jr. 385.79 35. 35 Robert D. Jackson 288.54 36. 36 Calvin L. Jansen 324.27 37. 37 Vivian R. Lewis 187.35 38. 38 Thomas J. McMahon 408.05 39. 39 Gary L. Wheaton 161.80 40. 40 Bernard A. Kaeder 284.79 41. 41 Raymond J. Kaeder 249.68 42. 42 Henry F. Klausing 240.51 43. 43 Joseph W. Parnell 252.51 44. 44 Virgel H. Peper 243.85 45. 45 Arnold H. Pfarr 268.82 1/22/70 ITEM NO. 'CHECK NO. CLAIMANT t AMOUNT - ' 46.. 46 Joseph B. Prettner 323.85 47.;: 47 Edward A. Reinert 212.90 48:. 48 Myles, R. Burke 98.94 49. 49. Herbrt R Pirrung 261.59 50 50 Stanley E. Weeks 223.32 51. 51 David Germain 27.60 52. 52 Anthony T. Barilla 309.31 53. 53 Richard J. Bartholomew 254.99 54. 54 Sam G. Cocchiarella 240.52 55. 55 LaVerne S. Nuteson 253.22 56. 56 Rubye M. Mullett 162.07 57. 57 Bailey A. Seida 338.18 Check No. 01 through Check No. 57 TOTAL PART II $14,081.35 Check No. 8859 through Check No. 8977 - TOTAL PART I $181,382.53. SUM TOTAL $195,463:88