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HomeMy WebLinkAbout03-19-1970AGENDA Maplewood Village Council 7:30 P.M., Thursday, March 19, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 - 6 (A) CALL TO ORDER W APPROVAL OF MINUTES 1. Minutes No. 5 (March 5, 1970) (C) PUBLIC HEARINGS - None (D) APPROVAL 0: ACCOUNTS (E) VISITOR DISCUSSION (F) COUNCIL ACTION ITEMS 1 . Resolution - Council Rules of Procedure_ 2. Ordinance 260 (Second Reading) - Park aad Recreation Commission Organization_ 3. Ordinance No. 261 (Second Reading) - Adoption of Official Zoning Map_ 4. Ordinance (First Reading) - Requires Rez<ning by Ordinance 5. Ordinance (First Reading) - Planning Commission Organization 6. Ordinance (First Reading) - Allows Renumeration for Services Provided for !Bingo Games 7. Ordint nce (First Reading) - Adoption of =ire Prevention Code by Reference. 8. Ordirionce (Discussion) - Snowmobile P.e)j!ations 9. Plats: a. Netnorlin Subdivision (reliminar. ) b. Bartelmy Lane First Addition (Preliminary 10. Requests for Usage Allowances in B -C Zones: a. Multiple Family (Midwest Planning) - SE Corner of McKnight and Upper Afton b. Storage Facility (Harold Edstrom) - McKnight and Minnehaha ]I. Zoo Location - Planning Commission Recommendation 12. Rar!sey County Reorganization 13. Request for Plan Approval and Building Permit - Addition to Cafe (Stillwater load and Ferndale) 14. Liquor Li.:ense Transfer - Joys Liquor Store to Morris Liquor Company 15. Feasibiliti Reports: a. EdAord Street (North of Ripley) - StrEet b. Gervois Avenue - Sanitary Sewer C . Stonich Highlands - Street d. T. H . 36 - Water Extension 16. Set Public Hearing Cates: a. March 26 (Special Meeting) b. AprV 23 (Special Meeting) - Proiects I'sted under Item 14 C. Rezoning Request; 17. Building Plcru - Gladstone Fire Station 18. Resolution - Proceeds from Sale of Carlton Street Property 19. County Request to Post "No Parking" - Larpenteur Avenue (Rice Street to 35E) 20. Water Supply Deficiencies - DeSoto - .County Road B Area 21. Resignation from Park and Recreation Board - Accept 22. 23. COUNCIL PRESENTATIONS 1. Mayor 2. Council STAFF PRESENTATIONS ADJOURNMENT ADDENDUM TO THE AGENDA Meeting No. 70 - 6 ITEM F - 1 Enclosed is the proposed Council Rules of Procedure. Included in this revised copy are changes which have been sugges�ed by the Council from time to tit ie. Adoption of the Rules is recommended. F - 2 The number of this ordinance is 260, rather than 258. Adoption is recommended. F - 3 The Zoning Map was first adopted by resolution, but is now being replaced fey an ordinarce to put it on more sure legal groinds. Adoption, is recommended. F - 4 This ordinance amends Chapter 915 of the Maplewood Code and requires tha' zone changes be executed by ordinance. The present procedure is unclear regarding this point. F - 5 This ordinance replaces Chapter 202 of tha Code and establishes the organiz7tion of the Planning Commission. A copy is enclosed. F - 6 Our regulations regarding Bingo games (Chapter 802) requires that "no memker of the association shall receive any renumeration whatsoever for services rende-ed in the conduct or operation of the games ". As per your request, an ordinance ias been prepared which will allow compensation of up to $8.00 as is provided l.y State Statute. F - 7 Fire Marshal Schadt has requested the adoption of the complete 10 volume National Fire Codes by reference. These codes are utilized by municipalities nationally, and it is common practice to adopt such uniform codes by reference. These c odes and the Fire Prevention Code (now in effect - Chapter 1703) compliment each other. Fire Marshal Schadt has been using the Codes as an important guide 'Ind we feel they should now be adopted officially. The volumes are entitled as follows: 1. Flammable Liquids 2. Gases 3. Combustible Solids, Dusts and Explosives 4. Building Construction and Facilities 5. Electrical 6. Sprinklers, Fire Pumps and Water Tanks 7. Alarm and Special Extinguishing Systems 8. Portable and Manuel lire Control Equipment 9. Occupancy Standards and Process Hazards 10. Transportation F - 8 Village Attorney Lais is studying the prop<sed uniform snowmobile ordinance and will dis.:uss it with you. F - 9 (a) This plat was originally presented in May of 1969, but was deferred to await a study of the County Road D realignment. The Planning Commission recommends approval of the preliminary plat with conditions. (See enclosed report) F - 9 (b) This preliminary plat was referred back to the developer with instructions to eliminate the utilization of "flag lots" from the plat. He has done so, and the Planning Commission now recommends cond'tional acceptance of the plat. (See enclosed report) F - 10(a) This proposed development encompasses approximately 43 acres of land, of wHch about 4 acres are proposed for commercial usage and the remainder is proposed for multiple dwellings for 760 dwelling units. Multiple dwellings are allowed in B - C Zcnes only if authorized by the Cour.cil as special exceptions. Due to the fact that the proposed use is in an area which is being considered for the regional zoo, the Planning Commission recommends that the request be deferred until the zoo location has been established. F - 10(b) The requested storage is for an existing building and)like Item F - 10(a),requires a special exception. The Planning CommisAon recommends denial of the request because: 1) the use is not specifically men =ioned as a potential special excel tion, 2) the use is more suited to an industrial area, and 3) the use in that particular location would present a definite traffic ha;:ard. (See enclosed report) F - 12,, Ct:!uncilman Wiegertrequosted'this item for further discussion. Enclosed is a copy of the statute which authorizes the study of Ramsey County Government. F - 11 The Planning Commission recommends that tie Village Council go on record as favoring either the Jordan Farm (Maplewood) or the Bailey Farm (Washington County) sites for the proposed regional zoo, F - 13 This requested addition complies with Village regulation and approval is recorimended. F - 14 This transfer meets with our approval. F - 15 These projects are found to be feasible and *he suggested date of the hearings is April 23 (F - 16) . F - 16 (a) The following improvements will be heard on March 26: (1) Fifth Street (Carlton to Ferndale) • Street, water, sanitary sewer, drainage (2) Carlton Street (Fifth to Conway) and Conway Street (Carlton - east; -• Water (3) Drainage Area No. 2 of Larpente it Avenue Storm.Sewer Service Sy,tem (b) See F - 15 (c) Thr �e zone change requests should be heard by the Counci I . These regL ests ha-va been delayed for some time. F - 17 Plans enlc sed. F - 18 A legal resolution is necessary to place the money from the sale of the Carlton Street property in the Recreation Acquisition and Development Fund as was intended. F - 19 This area of Larpenteur is narrow and is not a heavily parked area. Approval of the request is recommended. F - 20 This area has experienced pressure problems'in the water distribution system. Authority is requested to undertake a study of the feasibility of installing a booster station or storage facilities. F - 21 The resignation of Donald Krois was mentioned at the last meeting. Official acceptance of the resignation is necessary, OTHER The League of Minnesota Municiplaities is asking for nominations for the C. C. Ludwig Award for Municipal Service. I have an application form ij anyone wants to suggest a person to be nominated. The award is made "to the official or employee of a member municipality who has... the most outstanding record of public service for his municipality..." Minutes of the Maplewood Village Council 7:30 P.M., Thursday, March 19, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 -6 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 at 7:36 P.M. by .Mayor Axdahl. ROLL CALL: Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Patricia Olson, Councilwoman Present Donald Wiegert, Councilman Present B. APPROVAL OF MINUTES 1. Councilman WieQert moved that the minutes of 'Meeting No. 5 (March 5, 1970) be approved as corrected: a. Item F -10 -e Page 2, Mavor Axdahl suggested that the St. Paul Ski Club consult with the Staff and the Recreation Commission for alternatives. b. Include the recommendation of Changing the coloring of the South -west Cabs Co. Taxis in the motion. c. Page 5 - Item f -3C - Mr. Anderson was informed Council would accept a revised plot eliminating the "flag lots ". Seconded by Councilwoman Olson. Aves - all. C. PUBLIC BEARINGS NONE D. APPROVAL OF ACCOUNTS Councilman Wie¢ert moved that the accounts in the amount of $60,558.74 (Part I, Fees, Services, Expenses - Check No. 9349 through Check No. 9452 - $75 337.32: Part II Payroll Check No. 245 through Check No. 302 through Check No. 302 - $15.221.42) be paid. Seconded by Councilman Haugan. Ayes - all. - 1 - 3 -19 E. VISITOR DISCUSSION 1. Mrs. Donald Pawlicki, 2666 Linden Lane appeared before the Council explaining that Linden Lane had been torn up for sewer installation last November although the residents petitioned for sewer in 1968. She stated the construction had caused damage to lawns and houses in the area and that the residents had difficulty contacting the con- tractor regarding the situation. Also, when she wanted to hook up to the sewer, she couldn't, the connection was 14 inches toWhigh. Engineering Administrator McMahon stated that Linden Lane was in a deplorable state but that this was due to the late construction. He has had difficulty contacting the contractor also. The Village would cooperate in seeking action from the contractor who is respon- sible for the damages. The Contractor carries insurance to cover such cases of damage. Councilwoman Olson moved that this matter be referred to Staff investieation and that the Staff should meet with the residents Seconded by Councilman Haugan. Ayes - all. 2. Dick Rueton, 70 Mayhill Road appeared again before the Council to suggest possible ways to rectify the problems of garbage hauling in the Village. He presented a petition that was given to him by a res- ident in another area regarding the cost of services. The Council accepted the petition and placed it on file. Manager ?tiller stated the Staff was investigating the matter and hoped to present a report to the Council by the end of April. 3. A resident questioned the suggestion that the Council had heard re- garding holding Council meetings every week, rather than two lengthy meetings each month. Manager Miller stated that if the proposed Council Rules of Procedure is adopted and the Council receives more Information on Council Items before the meeting, this will help to shorten the meetings. F. COUNCIL ACTION ITEMS 1. Resolution - Council Rules of Procedure a. Manager Miller presented the proposed Council Pules of Procedure for adoption. b. Following discussion,Councilwoman Olson introduced the following resolution and moved its adoption: 70 -3 -32 BE IT RESOLVED by the Village Council of Maplewood, Minnesota that the following Rules of Procedure are adopted by the Village Council. - 2 - 3 -19 SECTION I. MEETINGS Regular: The Village Council shall hold regular meetings on the First and Third Thursdays of each month at 7:30 P.M., 'provided that when the day fixed for anv 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. Special: The Mayor or any two members of the Council by writing filed with the Village 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 meetingsmay 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 Village Clerk. Place: All meetinasshall 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 meetingsof the Council. In the absence of the Mayor the Acting Mayor shall preside. In the absence of both, the Councilmen shall elect on_of their number as temporary chairman. Quorum: Three members of the Council shall constitute a quorum at any meeting of the Council but a raf'crnumber may adjourn from time to time. Order of Business: At the hour appointed for meeting, the members shall be called to order by the 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: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Public Hearings 5. Awarding of Bids 6. Approval of Accounts 7. Visitor Presentations 8. Unfinished Business 9. New Business 10. Council Presentations 11. Administrative Presentations 12. Adjournment 3 - 3 -19 First Regular: At the first regular Council meeting in January; of each year the Council shall (1) designate the depository of Village 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 Village Council and make any necessary changes if such changes are desired. SECTION 2. AGENDAS FOR REGULAR MEETING All matters to be submitted to the Council shall be filed not later than 12:00 noon on the Monday prior to the Thursday Council meeting at which consideration is desired, and shall be delivered to the Village Manager, or in his absence the Village 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 Village Manager. Except for trivial matters, no item of business shall be considered for action by the Council which does not appear on the agenda for the meeting, except that an item of urgent business which requires immediate action and is so determined 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 Councilman 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 forty -eight 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 Village Manager for inclusion on the agenda. RRCTTnN 3 MINUTES: (a) The Village 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 with a copy. (c) The Council may, by motion carried by majority vote amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. - 4 - 3 -19 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 of 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 of 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: (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 Councilman 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 prevailing 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 reconsideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider. (e) A Councilman may request, through the Presiding Officer, the pri- vilege 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. - 5 - 3 -19 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, if requested by the Presiding Officer, 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 Councilman or any member of the Administrative Staff except through the Presiding Officer. SECTION 7 GENERAL RULES OF ORDER: Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority 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 the Council is in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. SECTION 10 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 Village Manager or Attorney may present ordinances, resolutions and other matters or subject 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 ordinances, resolutions, and motions , the ayes and nayes 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 _ 6 _ 3 -19 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 law. (c) Every ordinance other than emergency ordinances shall have two public readin:5as provided in Subsection (b) of this Section, and at least seven 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 preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a vote of at least four members of the Council, as recorded by ayes and nayes. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the Village Clerk and posted in three conspicuous places in the Village and twentyfour hours after such filing and posting shall have elapsed or until the ordinance 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 omissions. complained of. (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 VILLAGE EMPLOYEES: (a) The Village Manager may take part in the discussions of the Village Council and may recommmend to the Council such measures as he may deem necessary for the welfare of the people and efficient administration of the affairs of the Village. He shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereto, however, it is recognized that the Village Council is the policy making body for the Village and the Village Manager shall confine his discussions at Council meetins to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. (b) The Village Attorney may not take part in the discussions of the Village Council except to answer questions directed to him, comment on matters involving legal posers or procedures of the Village, and to present factual material to the Council. (c) No Village Employee, other than the Village Manager and Attorney, shall enter into discussions of the Village Council except to answer questions directed to such employee, or to present factual information. _ 7 - 3 -19 (d) The above regulations of Village employees shall not be construed to limit the appearance before the Village Council of any Village 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 Councilmen these rules may be waived. SECTION 13: ADJOURNMENT: A motion to adjourn shall always be in order and decided without debate. Adopted this 19th day of March, 1970. Seconded by Councilman Wiegert. Ayes - all. 2. Ordinance No. 260 (Second Reading) Park and Recreation Commission Organization. a. Councilman Wiegert moved that the reading of the Ordinance be waived. Seconded by Councilman Greavu. Ayes - all. b. Mayor Axdahl asked if there was anyone in the audience who wished to make a comment on the proposed ordinance. c Councilman Wiegert introduced the fo adoption: (Second. Reading ORDINANCE NO. 260 ordinance and moved its AN ORDINANCE AMENDING IN ITS ENTIRETY SECTION 204 of THE MAPLEWOOD CODE RELATING TO THE RECREATION BOARD. THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The title of Section 204 is hereby amended to read as follows: 204. PARK AND RECREATION COMMISSION." Section 2. Section 204.010 is hereby amended to read as follows: "204.010. CREATION OF COMMISSION. A Village Park and Recreation Commission consisting of nine (9) members to be appointed by the Village Council." - 8 - 3 -19 Section 3. Section 204.020 is hereby amended to read as follows: "204.020. APPOINTMENT PROCEDURE. (A.) The first members of the Park and Recreation Commission shall be appointed as follows: Three (3) members for a term of one (1) year; three (3) members for a term of two (2) years, and three (3) members for a term of three (3) years, the unexpired protion of the year in which these appointments are made shall be considered as one (1) year. As the terms expire all appointments thereafter shall be for a term of three (3) years and said appointments shall be made at the first meeting in January of each year." Section 4. Section 204.030 is hereby amended to read as follows: "204.030. RULES AND BY -LAWS. After appointment, the Commission shall organize for the purpose of doing business and shall elect from among its members a chairman and a secretary. After the Commission has organized, it shall adopt its own rules of order and by -laws for purpose of procedure and shall provide therein for its date of meeting, provided that it shall meet at least once each month." Section 5. Section 204.040 is hereby amended to read as follows: "204.040. NO COMPENSATION. Members of the Commission shall serve without compensation. Section 6. Section 204.050. is hereby amended to read as follows: "204.050. POIERS AND RESPONSIBILITIES. The Village Park and Recreation Commission shall act in an advisory capacity to the Village Council, the Manager, and the Director of Parks and Recreation in all matters pertaining to public parks and recreation and to cooperate with other groups in the advancement of sound park and recreation planning and programming. Specific responsibilities of the Commission shall include: (A) To formulate policies on recreation services for approval by the Village Council. (B) To advise the Council and Manager as to the minimum qualifica- tions for the position of Director of Parks and Recreation. (C) To recommend for adoption, standards on Land Acquisition, facility development, program, and financial support. (D) To make periodic inventories of Recreation and Park services that exist or may be needed and to interpret the needs of the public to Village Council and the Director of Parks and Recreation. (E) To aid in coordinating the Park and Recreation services with the programs of other governmental agencies and organizations. (F) To interpret the policies and functions of the Park and Recreation Department to the public. (G) To advise the Director in preparation of the annual budget and long -range capital improvement program. - 9 - 3 -19 Section 7. Section 204.060 is hereby amended to read as follows: "204.060. CITIZENS COMMITTEES. The recreation board may appoint citizens committees in an advisory capacity for the purpose of assisting the board in determining recreation policy for the Village." Section S. Section 204.070 is hereby amended to read as follows: "204.070. DELEGATION OF POWER. The Council of the Village of Maplewood may establish such rules and regulations for the administration of this ordinance as it may deem necessary and may delegate such rule making authority to the recreation board and the board shall have power to make such rules and regulations pursuant to delegated authority as it deems necessary for the purpose of performing its duties and duties as herein set forth." Section 9. This ordinance shall take effect and be in force from and after passage and publication. Seconded by Councilwoman Olson. Ayes - all. 3. Ordinance No. 261 (Seconded Reading) - Adoption of Official Zoning Map. a. Manager Miller requested this Item be deleted from the Agenda. b. Councilwoman Olson moved to delete Item 3 from the Agenda. Seconded by Councilman Greavu. Ayes - all. 4. Ordinance No. 262 (First Reading) Requires Rezoning by Ordinance. a. Manager Miller read the proposed ordinance. b. Councilwoman Olson introduced the following ordinance and moved its adoption: (First Reading ORDINANCE NO. 262 AN ORDINANCE AMENDING SECTION 915 OF THE MAPLEWOOD CODE RELATING TO REZONING PROCEDURE THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 915.010 is hereby amended to read as follows: "915.010. PETITION BY 50% OR MORE OF THE ADJOINING PROPERTY 014NERS..... 3. All such changes shall be made by an Ordinance adopted by a two- thirds bote of the Village Council. - 10 - 3 -19 Section 2. Section 915.020 is hereby amended to read as follows: "915.020. BY INITIATIVE OF THE VILLAGE COUNCIL.... 1. All such changes shall be made by an Ordinance adopted by a two- thirds vote of the Village Council." Section 3. This Ordinance shall take effect and be in force from and after passage and publication. Seconded by Councilman Wiegert. Ayes - all. 5. Ordinance No. 263 (First Reading) Planning Commission Organization. a. Manager Miller presented the proposed ordinance. b. Councilman Greavu questioned the Council choosing the Chairman he felt that this should be done by the Planning Commission. Councilman Haugan moved that this section of the Ordinance be retained as written. Seconded by Councilwoman Olson. Motion carried. Ayes - Mayor Axdahl, Councilwoman Olson, Councilman Haugan,. Nays - Councilman Greavu and Wiegert. C. Councilman Wiegert moved to waive the reading of the Ordinance. Seconded by Councilman Greavu. Ayes - all. d. Councilwoman Olson introduced the following ordinance and moved its adoption: (First Reading) ORDINANCE NO. 263 AN OPDINANCE AMENDING SECTION 202 OF THE MAPLEWOOD CODE RELATING TO THE PLANNING COMMISSION THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The title of Section 202 is hereby amended to read as follows: °202. PLANNING COMMISSION AND BOARD OF APPEALS." Section 2. Section 202.010 is hereby amended to read as follows: "202.010. PLANNING COMMISSION ESTABLISHED. There is hereby established for the Village of Maplewood a Planning Commission as an Advisory Board to the Village Council, as provided in MSA 462.351 through 462.364. - 11 - 3 -19 Section 3. Section 202.020 is hereby amended to read as follows: "202.020. QUALIFICATION AND TERM OF OFFICE. The Planning Commission shall be composed of eleven (11) members appointed by the Village Council, shall be residents of the Village of Maplewood, may not hold an elective public office in said Village, and shall be selected to assure that the Commission is representative of the various areas of the Village and re- sponsive to the needs of the people. The members of the First Planning Commission under the amended ordinance shall consist of three (3) members appointed for three (3) years; four (4) members appointed for two (2) years; and four (4) members appointed for one (1) year. The unexpired portion of the year in which the appointments are made shall be considered as one (1) year. All terms shall expire on December 31 of the year in which the appointment terminates. As the terms expire, all appointments thereafter shall be for a term of three (3) years. "The Chairman of the Planning Commission shall be designated by the Village Council at the first meeting in January of each year from among the members of the Planning Commission. The Chairman shall be responsible for calling and presiding at meetingsand shall be entitled to an equal vote with other members of the Commission." Section 4. Section 202.030. is hereby amended to read as follows: "202.030. PLANNING COMMISSION VACANCIES. Any of the following may cause the office of a Planning Commissioner to become vacated: (1) Death, or removal from the Village. (2) Disability or failure to serve, as shown by failure to attend four (4) meetins in any year, may be cause for removal by Council majority, unless good cause can be shown to the Council. (3) Resignation in writing. (4) Taking of public office in the Village. Vacancies shall be filled by the Council for the unexpired portion of the vacated term." Section 5. Section 202.040 is hereby amended to read as follows: "202.040. PLANNING COMMISSION PROCEDURES. The Planning Commission shall elect its own officers, except for the Chairman, establish meeting times and adopt its own rules of procedure to be reviewed and approved by the Village Council." All meetings be opened to the public. Section 6. Section 202.050 is hereby amended to read as follows: - 12 - 3 -19 "202.050. RESPONSIBILITY FOR PLANNING COMMISSION RECORDS. Subject to the direction of the Planning Commission and its Chairman, the Village Director of Planning shall conduct all correspondence of the Commission; send out all notices required; attend all meetings and hearings of the Commission; keep the dockets and minutes of the Commission's proceedings; compile all required records and maintain the necessary files and indexes of the Commission." Section 7. Section 202.070 is hereby amended to read as follows: "202.070. PLANNING COMMISSION DUTIES AND RESPONSIBILITIES. The duties of the Planning Commission shall be as follows: (1) To prepare and recommend a comprehensive plan of development for the Village; (2) To conduct hearings and make recommendations to the Village Council in regard to the adoption of the Village Comprehensive Plan and any amendments thereto. The Comprehensive Plan certified and adopted by the Village Council shall be recognized as the Village Official Comprehensive Plan. (3) To study and make recommendations to the Village Council in regard to implementing the Comprehensive Plan and regulations thereof; (4) To study and make recommendations to the Village Council in regard to amendments to the zoning code; (5) To review, prepare and make a report to the Village Council by December 31, of each year regarding the Village Comprehensive Plan, along with recommendation for changes which the Commission may deem desirable; (6) To maintain a liaison and coordination with government and private agencies so that the Village Council may be cognizant of the Planning activities of such agencies in order to establish an order of planning and development unity for the Village; (7) To review and recommend on or before May 1 of each year a capital improvements program to the Village Council, which is designed to accomplish the Comprehensive Plan for the Village; and (8) To accept such other and further duties as may from time to time be directed by the Village Council, including conducting hearings." Section 8. Section 202.090 is hereby amended to read as follows: "202.090. COMPENSATION AND EXPENSES. All members shall serve without compensation. However, approved expenses of the Planning Commission shall be paid from available Village funds." Section 9. This Ordinance shall take effect and be in force from and after passage and publication. Seconded by Councilman Haugan. Ayes - all. - 13 - 3 -19 6. Ordinance No. 264 (First Reading ) Allows Remuneration for Services Provided for Bingo Games. a. Manager Miller read the proposed Ordinance. b. Councilman Wiegert introduced the following ordinance and moved its adoption: (First Reading) ORDINANCE NO. 264 AN ORDINANCE AMENDING SECTION 802 OF THE MAPLEWOOD CODE RELATING TO BINGO THE COUNCIL OF THE VILLAGE OF MAPLE1400D DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 802.020, Subd. (c), is hereby amended to read as follows: "802.020. LOCATION OF GAME.... (c) Only members of the association shall be permitted to conduct the game of Bingo, and said members shall be paid no more than Eight ($8.00) Dollars for services rendered in the con- duct or operation of the game." Section 2. This Ordinance shall take effect and be in force from and after passage and publication. Seconded by Councilman Greavu. Ayes - all. 7. Ordinance No. 265 (First Reading) Adoption of Fire Prevention Code by Reference. a. Manager Miller explained the proposed Ordinance. b. Councilman Haugan introduced the following ordinance and moved its adoption. (First .ea zng ORDINANCE NO. 265 AN ORDINANCE AMENDING SECTION 1703 OF THE MAPLEWOOD CODE RELATING TO FIRE PREVENTION CODE THE COUNCIL OF THE VILLAGE OF MAPLE1400D DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1703.010 is hereby amended to read as follows: "1703.010. ADOPTION OF FIRE PREVENTION CODE. There is hereby adopted by the Village of Maplewood for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code, published by the National Fire Protection Association, being the current edition thereof and the whole thereof, of which code not less than three (3) copies have been received and now are filed in the office of the Clerk of the Village and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance takes effect, the provision thereof shall be controlling within the limits of the Village of Maplewood." - 14 - 3 -19 Section 2. This Ordinance shall take effect and be in force from and after passage and publication. Seconded by Councilwoman Olson. Aves - all. 8. Ordinance (Discussion) Snowmobile Regulations. a. Manager Miller stated an ordinance had not been prepared per se but is being studied and the staff would like the opportunity to investigate the subject fully. 9. Plats a. Netnorlin Subdivision (Preliminary) 1. Chairman Roger Singer presented the Planning Commission report recommending the Netnorlin Preliminary Plat Subdivision be given approval subject to several conditions. 2. Staff recommended that before said plat is approved the realign- ment of County Road D (Tower Road) should be considered. 3. Harry S. Johnson, representative of the principal owners of the plat questioned if it were possible to plott off lots along Lydia Avenue where the street is defined so that the development can proceed without any undue hardships. 4. Don Nordgren, part owner of the development requested that this development not be delayed any longer, that it has been a constant number of delays. 5. Councilwoman Olson moved to accept the preliminary plat. Seconded by Councilman Haugan Motion defeated. Ayes - Councilwoman Olson Councilman Haugan Nayes- Mayor Axdahl, Councilmen Greavu and wiegert. 6. Councilwoman Olson moved that this matter be reported on and a decision be given to the developers in two weeks. Seconded by Councilman Greavu. Ayes - all. 10:15 P.M. Councilman Greavu left the meeting. b. Bartelmy Lane First Addition 1. Commissioner Burnel Stolzman presented a report from the Planning Commission recommending that the Bartelmy Lane First Addition preliminary plat be approved subject to the following conditions: - 15 - 3 -19 "That a 7 foot wide temporary easement he secured along with the east side of Bartelmy Lane for the length of the proposed plat's frontage. Such condition is recommended to more easily accomo- date street maintenance and snow storage "and also that a program of acquisition be undertaken to establish Bartelmy Lane as a 66 foot right -of- way as soon as possible and that such alignment be continued north to Stillwater Road, as has been commenced south of the proposed plat. 2. Staff recommended that a street improvement be instituted on Bartelmy Lane and requests authority to prepare a feasibility study. 3. Councilman Wiegert Addition prelimina above. ral of the Bart Seconded by Councilwoman Olson. 4. Councilman Wiegert its adoption: (au uced the follc zation for a feasib 70 -3 -33 elmv Lane lst itions stated Aves - all. esolution and move ty study) WHEREAS, THE Village Council has determined that it is necessary and expedient that the area described as: The general area of Bartelmy Lane from Stillwater Road South be improved by construction of street; NOW, THEREFORE, BE IT RESOLVED BY THE Village Council of Maplewood, Minnesota, that the improvement hereinbefore described is hereby referred to the Village Engineer, and he is instructed to report to the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as pro- posed, and the estimated cost of the improvement as recommended. Seconded by Councilman Haugan. 10. Requests for Usage Allowance in B -C Zones Ayes - all. a, Multiple Family (Midwest Planning) SE corner of McKnight and Upper Afton Road. 1. Administrator Seida presented a request from Midwest Planning to allow multiple dwelling development in a B C Zoned District at the southeast corner of McKnight Road and Upper Afton Road. 2. Commissioner Stolzman presented the Planning Commission report recommended that any special exception from the B.C. District Uses in this area be deferred without prejudice. This land is one of four proposed sites for the regional Zoo. - 16 - 3 -19 10- b 11 3. Dean Bailey, Midwest Planning and Research, Minneapolis spoke on behalf of the Development. Jim Zackrison, Great Plains Land, Ina. stated he had just recently found out that this land is considered for the zoo. His only reason for submitting the preliminary site plan is to receive Council approval to use the land for multiple dwellings. 4. Councilman Wiegert moved to deny the request for special exception from the B -C district uses without prejudice to future considerations at such time as: 1. A site is selected for a Regional Zoo; and 2. A Land Use Plan has been prepared for the entire area. Seconded by Councilman Haugan. Ayes - all. 5. Mr. Bailey questioned as to when the Land Use Plan will be prepared. It is underway at the present time. Storage Facility (Harold Edstrom) ?McKnight and Minnehaha. 1. Manager Miller presented a report requesting that an existing building at the northeast corner of McKnight and Minnehaha be utilized for the purposes of storage for 2 trucks, 2 trailers (8' -10' long) 2 trenching diggers, plus wire storage. The building is now used for the repair of vehicles. It is recommended that the request be denied because: 1) the use is not specifically mentioned as a potential special exception in the B -C zoning; 2) the use is more suited for industrial area and 3) the use in the particular location and the type of storage would create a definite traffic hazard. 2. Councilman Haugan moved that the request be denied based on the Staff recommendation. Seconded by Councilwoman Olson. Ayes - all. Mayor Axdahl declared a 5 minute recess. Mayor Axdahl reconvened the meeting at 10:50 P.M. Zoo Location - Planning Commission Recommendation: a. Manager Miller presented a recommendation from the Planning, Commission requesting the Village Council to go on record as favoring the Jordan Farm in Maplewood and the Bailey Farm in Washington County as being suitable for the location of the proposed Zoo. Both locations would have benefit to Maplewood proper. b. Council stated a resolution should be forwarded to the Metropolitan Council stating Council's position and also a separate statement requesting clarification of several points. - 17 - 3 -19 c. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -3 -34 A RESOLUTION ENDORSING A METROPOLITAN ZOO FOR EITHER THE JORDAN OR BAILEY FARMS WHEREAS, it is the desire of the Village of Maplewood to cooperate with the Metropolitan Council in its efforts to develop an open space plan, to include a Regional Zoo, for the maximum benefit and use of the present and future generations; and WHEREAS, the Council of the Village of Maplewood desires to exert its best effort toward the fulfillment and realization of a Regional Zoo, for the Metropolitan area, which would be located in the Eastern Area of the Metropolitan Twin City Area; and WHEREAS, the Metropolitan Council Zoo Advisory Committee has indicated the Jordan Farm, in the Village of Maplewood, and the Bailey Farm, in Washington County, as potential Zoo sites for the Metropolitan area; and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that said Council herebv endorses either the Jordan Farm or Bailey Farm sites as desirable Regional Zoo Sites; And that when selecting a Zoo Site, consideration be given among other things to those immediate effects upon the municipality in which it would be located such as: l.) Impact on local traffic conditions; 2.) Impact of policing, ambulatory services, and criminal justice prosecution and the fiscal impact of these additional services; 3.) Impact of the loss of tax revenue producing lands should the desired area have to be acquired for such use. Seconded by Councilwoman Olson. Aves - all. 12. Ramsey County Reorganization. a. Councilman Wiegert would like to see the Council comment on the Ramsey County Reorganization Bill. b. The matter was referred to Staff to prepare a draft on the Proposal and present it to Council for comments and approval. - 18 - 3 -19 13. Request for Plan Approval and Building Permit - Addition to Cafe (Stillwater Road and Ferndale) a. Engineering Administrator McMahon presented the Building plans of Mr. Bill Miller to construct a 2 apartment "super structure" above his restaurant and recommended approval of Mr. Miller's double request to build apartments in a B -C District and also the actual building plans subject to owner furnishing off street surface parking for occupants of the apartments separate from the restaurant. b. Councilman Haugan moved authorization for stated use in a B -C District zoning. Seconded by Councilman Wiegert. Ayes - all. c. Councilman Wiegert moved authorization to the issuance of the buildine plans subject to Staff approval and the required off Seconded by Councilman Haugan. Ayes - all. 14. Liquor License Transfer - Jay's Liquor Inc. to Morris Liquors. a. Manager Miller presented a request from Jay's Liquors, Inc., 1740 Van Dyke Street to transfer their off -sale liquor license to Mr. Douglas Morris dba Morris Liquors. The necessary inspections and requirements have been met and everything is in order. b. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -3 -35 NOTICE IS HEREBY GIVEN, that pursuant to action taken by the Village Council of the Village of Maplewood on the 19th day of March, 1970 a transfer of an off -sale liquor license from Jay's Liquors, Inc. to Douglas Morris dba Morris Liquors was approved. The Council is proceeding in this matter as outlined under the provisions of Village Ordinance No. 95. Seconded by Councilman Haugan. 15. Feasibility Reports: Ayes - all. a. Engineering Administrator McMahon presented feasibility reports for the following improvements and requested authorization to call for public hearings. - '19 - 3 -19 1. Edward Street (north of Ripley Street). a. Councilman Wieg_ert introduced the following resolution and moved its adoption: 70 -3 -36 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Edward Street by construction of grading, paving, concrete curb and gutter, sanitary sewers, water mains, service connections, and appurtenances, and WHEREAS, the said Village Engineer has prepared the aforesaid prelininary plans for the improvement herein described: EDWARD STREET: from Ripley to approximately 320 -feet north (includes street, sewer and water improvements), EASEMENT (the centerline of which is approximately 320 -feet north of Ripley) from Edward Street to Frank Street (sanitary sewer only), FRANK STREET: from Frisbie to approximately 110 -feet north (sanitary sewer only). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the Village Engineer advising this Council that the proposed improvement on Edward Street by construction of grading, paving, concrete curb and gutter, sanitary sewers, water mains, service connec- tions, and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429 at an estimated total cost of the improvement of $36,091.00. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on Thursday the 30th day of April 1970, at 8:15 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING FOR PUBLIC IMPROVEMENTS TO 14BOM IT MAY CONCERN: WHEREAS, the Village Council of the Village of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement herein after described be made, - 20 - 3 -19 NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: April 30, 1970, at 8:15 P.M. Location: Village Hall, 1380 Frost Avenue The general nature of the improvement is the construction of grading, paving, concrete curb and gutter, sanitary sewers, water mains, service connections, and appurtenances in the following described areas: EDWARD STREET: from Ripley to approximately 320 -feet north (includes street, sewer and water improvements), EASEMENT (the centerline of which is approximately 320 -feet north of Ripley) from Edward Street to Frank Street (sanitary sewer only), FRANK STREET: from Frisbie to approximately 110 -feet north (sanitary sewer only). The total estimated cost of said improvement is $36,091.00. It is proposed to assess every lot, piece or parcel of land.benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. Anyone not present will be presumed to be in favor of the proposed improvement. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 30th day of March, 1970. Seconded by Councilwoman Olson. Ayes - all. 2. Gervais Avenue - Sanitary Sewer - Kennard Street to White Bear Avenue a. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -3 -37 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Gervais Avenue by construction of sanitary sewer mains, service connections, and appurtenances,-and WHEREAS, the said Village Engineer has prepared the aforesaid preliminary plans for the improvement herein described: GERVAIS AVENUE: from Kennard Street to White Bear Avenue. - 21 - 3 -19 NOG ?, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the Village Engineer advising this Council that the proposed improvement on Gervais Avenue by construction of sanitary sewer mains, service connections, and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accor- dance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S. A. Chapter 429, at an estimated total cost of the improvement of $60,586.70.. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on April 30, 1970 at 7:30 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING FOR SANITARY SEWER IMPROVEMENTS TO WHOM IT 14AY CONCERN: WHEREAS, the Village Council of the Village of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described be made, NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: DATE AND TIME: April 30, 1970, at 7:30 P.M. Location: Village Hall, 1380 Frost Avenue The general nature of the improvement is the construction of sanitary sewer mains, service connections, and appurtenances in the following described area: Gervais Avenue: from Kennard Street to White Bear Avenue. The total estimated cost of said improvement is $60,586.70. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed im- provement should be present at this hearing. Anyone not present will be presumed to be in favor of the proposed improvement. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 30th day of March, 1970. Seconded by Councilman Haugan. Ayes - all. - 22 - 3 -19 3. Stanich Highlands - Street Improvement a. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -3 -38 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of said street by construction of street paving and concrete curb and gutter, and WHEREAS, the said Village Engineer has prepared the aforesaid preliminary plans for the improvement herein described: KINGSTON AVENUE: from Hazel to Ruth Street, PRICE AVENUE: from Hazel to Ruth Street, HAZEL STREET: from Kingston to Larpenteur Ave., STANICH PLACE: from Price to Larpenteur Avenue., RUTH STREET: from Kingston to Larpenteur Ave. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the Village Engineer advising this Council that the proposed improvement on said street by construction of street paving and concrete curb and gutter is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $115,490.00. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on Thursday the 23rd day of April, 1970, at 7:30 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING FOR STREET IMPROVEMENTS TO WHOM IT MAY CONCERN: WHEREAS, the Village Council of the Village of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described be made, NOW, THEREOFRE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: April 23, 1970, at 7:30 P.M. Location: Village Hall, 1380 Frost Avenue - 23 - 3 -19 The general nature of the improvement is the construction of street paving and concrete curb and gutter in the following described locations: KINGSTON AVENUE: from Hazel to Ruth Street, PRICE AVENUE: from Hazel to Ruth Street, HAZEL STREET: from Kingston to Larpenteur Avenue., STANICH PLACE: from Price to Larpenteur Ave., RUTH STREET: from Kingston to Larpenteur Ave. The total estimated cost of said improvement is $115,490.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring_, to be heard with reference to the proposed improvement should be present at this hearing. Anyone not present will be presumed to be in favor of the proposed improvement. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 30th day of March,1970 Seconded by Councilwoman Olson. 4. T. H. 36 Water Extension Ayes - all. a. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -3- 39 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of water mains, service connections,appurtenances, and necessary street reconstruction, and WHEREAS, the said Village Engineer has prepared the aforesaid preliminary plans for the improvement herein described: ATLANTIC STREET: from Cope Avenue to proposed North Frontage Road of T.H. 36, NORTH FRONTAGE ROAD: (T.H. 36): from Atlantic Street westerly along said alignment to Gervais Avenue; and, from Atlantic Street easterly along said alignment to Gervais Avenue, GERVAIS AVENUE: from T.H.61 to alignment of proposed North Frontage Road, approximately 300 -feet west of English Street, - 24 - 3 -19 SOUTH FRONTAGE ROAD (T.H.36): from Atlantic Street to a proposed easement, which is approximately 550 -feet west of Atlantic Street, PROPOSED EASEMENT (the centerline of which is approximately 550 -feet west of Atlantic Street): from South Frontage Road T.H. 36 to Cope Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the Village Engineer advising this Council that the proposed improvement on T. H. 36 by construction of water mains, service connections, appurtenances, and necessary street reconstruction is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited pro- perty for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $97,143.40. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on Thursday the 30th day of April 1970 at 7:45 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING FOR 14ATER IMPROVEMENTS TO WHOM IT MAY CONCERN: WHEREAS, the Village Council of the Village of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described be made, NOW, THEREFORE, notice is herby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: April 30, 1970, at 7:45 P.M. Location: Village Hall, 1380 Frost Avenue. The general nature of the improvement is the construction of water mains, service connections, appurtenances, and necessary street reconstruc- tion in the following described area: ATLANTIC STREET: from Cope Avenue to proposed North Frontage Road of T.H. 36, NORTH FRONTAGE ROAD (T.H. 36): from Atlantic Street westerly along said alignment to Gervais Avenue; and, from Atlantic Street easterly along said alignment to Gervais Avenue, - 25 - 3 -19 GERVAIS AVENUE: from T.H. 61 to alignment of proposed North Frontage Road, approximately 300 -feet west of English Street, SOUTH FRONTAGE ROAD: (T.H.36): from Atlantic Street to a proposed easement, which is approximately 550 - feet west of Atlantic Street, PROPOSED EASEMENT (the centerline of which is approximately 550 -feet west of Atlantic Street): from South frontage Road T.H. 36 to Cope Avenue. The total estimated cost of said improvement is $97,143.40. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. Anyone not present will be presumed to be in favor of the proposed improvement. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 30th day of March, 1970. Seconded by Councilman Haugan. 16. Set Hearing Dates Ayes - all. Enaineering Administrator McMahon requested authorization to set hearing dates for public hearins approved previously by the Council. a. Drainage Area No. II. Larpenteur Avenue Storm Sewer.(General area of Clarence Street on the west: Prosperity Road on the east; Soo Line Railroad Tracks to the north and Larpenteur Avenue on the south.) 1. Councilwoman Olson Seconded by Councilman Wiegert. March 26 1970 as the public I.Storm Sewer Improvement. Ayes - all. 2. Fifth Street from Carlton Street to Ferndale Street. (Street, Curb and gutter, cater, sanitary sewer, and drainage improvements) a. Councilman Wiegert moved to set March 26, 1 hearing date for the improvement of Fifth Stre Street to Ferndale Street by Construction of s sewer Seconded by Councilwoman Olson. 3. Carlton Street, Conway Street; Water Improvements a. Councilman Haugan moved to set March L6 hearing date for the improvement of Carlton to Conway Street and Conway Street from Car 0 -feet east by construction of water mains. Seconded by Councilman Wiegert. - 26 - as the public rom Carlton t, curb, and ments. Ayes - -all. as the public from Fifth St eet to approx Ayes - all. 3 -19 b. April 23, (Special Meeting) 1. Larpenteur Drainage Area No. 1 (General Boundaries of said area being; Larpenteur Avenue on the south; Walter Street on the West; Clarence Street on the east; and the Sault Ste. Marie Railroad Tracks on the North) a. Councilman Wiegert moved to set April 23, 1970 as the public hearing date for the Drainage Area No. I Larpenteur Avenue Storm Sewer Improvement. Seconded by Councilwoman Olson. Ayes - all. c. Resolution - Council hold Rezoning Hearings. 1. Councilman Haugan introduced the following resolution and moved its adoption: 70 -3 -40 WHEREAS, the Village Council of the Village of Maplewood, Minnesota shall hold all public rezoning hearings after notice of such hearing_ has been published in the official newspaper, at least (10) ten days before the hearing and the Council shall also cause a notice to be mailed to each of the owners of property within (200) two hundred feet of the property fro which rezoning is petitioned such notices to be mailed to the last known address of the owners at least ten (10) days before the hearing. Seconded by Councilman Wiegert. Ayes - all. d. Rezoning Requests: 1. Councilman Haugan moved to set May 14 date for the following listed zone ch 1. Zone Change Request FR to B -C Applicant: Vernon Colon Location: west side of White Bear AVenue at intersection with Cope Avenue. Application filed: August, 1968 Area involved: 40,562 sq. ft. 2. Zone Change Request F -R to R -3 Applicant: Robert Clausen Location: west side of Edgerton St. between Roselawn and Ripley Application filed: November 13, 1969 Area involved: 10.97 Acres - 27 - 3 -19 17 3. Zone Change Request F =R to R -3 Applicant: Wedgewood Properties Location: North Side of Londin Lane; West of Inter with Lower Afton Road. Application filed: February 5, 1970 Area Involved: 21.5 Acres Seconded by Councilman Wiegert. Ayes - all. 2. Chairman Roger Singer presented a request from Mr. Edward Hillstrom for a Special Use Permit - Planned Unit Development for the N.W. Corner of Desoto and Larpenteur. Village Ordinance requires 5 acres for Planned Unit Development and Mr. Hillstrom has only 3.44 acres planned for this purpose and would need a variance from the Code. Mr. Hillstrom does own additional land adjoining this property but it is not included in this proposal. Councilwoman Olson moved to deny the said variance from the minimum requirement of 5 acres for planned unit_ development. Seconded by Councilman Haugan. Gladstone Fire Station - Building Plans Ayes - Mayor Axdahl, Councilwoman Olson and Councilman Haugan. Nay - Councilman Wiegert a. Manager Miller presented a request from the Gladstone Fire Department to construct an addition to the existing building. Since detailed building plans were not submitted it is recommended that approval be given subject to staff approval. b. Administrator Seida listed several conditions that the Staff recommended: 1. Building permit be granted with a 6 month limit. 2. Walkway along the building be a(6) six foot width 3. Submit an area lighting plan 4. Give consideration to a 4 foot high brick exterior over the length of the building. c. Councilman Wiegert moved to approve said building subjec above listed conditions and subject to staff_ approval. Seconded by Councilman Haugan. Ayes - all. 18. Resolution - Proceeds from Sale of Carlton Street Property. a. Manager Miller stated a resolution is necessary to place the money from the sale of the Carlton Street property into the Recreation Acquisition Fund. b. Councilwoman Olson introduced the following resolution and moved its adoption: - 28 - 3 -19 70 -3 -41 NOW THEREFORE, BE IT RESOLVED by the Village Council of Maplewood, Minnesota that revenue received from the sale of the Carlton Street property be placed in the Recreation Acquisition Fund. Seconded by Councilman Haugan. Ayes - all. 19. County Request to Post "No Parking" Larpenteur Avenue (Rice Street to 35 E) a. Engineering Administrator McMahon presented a request from the County to place "No Parking" Signs on both sides of Larpenteur Avenue from Rice Street to 35 E. This area of Larpenteur Avenue is narrow and is not a heavily parked area and approval of the request is recommended. b. Councilman Haugan moved that "No Parking" signs be placed on Larpenteur Avenue from Rice Street to 35 E. Seconded by Councilwoman Olson. Ayes - all. 20. Water Supply Deficiencies. Desoto- County Road B Area a. Engineering Administrator McMahon informed the Council that the Desoto - County Road B area is experiencing water pressure problems in the water distribution system. He wanted to make Council aware of this problem and inform them that this area is included in the Village water studv. 21. Resignation from Park and Recreation Commission - accept. a. Councilman Wiegert moved to accept the resignation of Donald Krois from the Park and Recreation Commission and that a letter of appreciation be forwarded. Seconded by Councilwoman Olson. Ayes - all. G. COUNCIL PRESENTATIONS 1. Mayor a. At the joint meeting with North St. Paul, the Topics Program, Traffic was discussed. The Staff is meeting with North St. Paul and a report will be given to Council. b. Metro section is asking for names for nomination of officers by March 25. 2. Council a. Councilman Wiegert. 1. Wished everyone to look at the March Issue of the League of Municipalities, the article on Natural Resources Commissions and and consider if we would like to establish one. - 29 - 3 -19 b. Councilwoman Olson 1. Questioned the delay in the printing of the minutes and requested this be expedited. 2, Councilwoman Olson moved to amend the ordinance covering the permit i and license fees changes adopted December 18, 1969 and also include in this amendment the courtesy benches under the appropriate zoning code and also, the fee basis, adopted on Februar,, 19, 1970. Seconded by Councilman Haugan. Ayes - all. 3. stated an amendment to Ord. 222, Chapter 911 relating to Special Use Permit under 9C, should be adopted. This matter was referred to staff. 4. Stated that nothiii }; had been done on the Goals and Objectives adopted March, 1969 and feels Committees should be set up. She also stated that committees should consist of residents. After further discussion, Councilwoman Olson stated she will pursue this matter further. H. STAFF PRESENTATIONS - NONE I. ,ADJOURATMENT 12:42 A.M. ity lerk, - 30 - 3 -19 AMENDMENT TO MINUTES OF MEETING NO. 70 -6 MARCH 19, 1970 May 7, 1970: Mr. Charles Brady stated that at the meeting of March 19, 1970 he requested information regarding the operations of the Parkside Fire Department and their involvment in a organization known as the J and J Realty. Nothing appeared in the minutes of the meeting. 7, 1970: Councilwoman Olson moved that the minutes of March 19 be amended to reflect Mr. Brady's statements. Seconded by Councilman Wiegert. Ayes - all. Mr. Brady, who did not identify himself, stated there was discussion at the March 5, 1970 meeting regarding a building of a road off of McMenemy having to do with a building that is being constructed and part, of that land on one side of the road belongs to the Fire Department and part of the land on the other side of the road belongs to another company. And it seemed to him that the planner had given a legal opinion that he had approval of 1 signature covering both areas that because the man was a member of the fire department and was able to sign for them and was also a member of the development company and his signature was good in both cases. This seems highly illegal to Mr. Brady and he feels this whole area needs an airing if this is land that was bought by a non - profit organization and now suddenly we find it is in the hands of a profit making organization and yet the offcers for both are the same. This whole thing needs some investigating either by the Council here or by some higher body. He would like to see some action taken on this and know exactly what we are dealing with here when a man comes to the back door and asks us to buy tickets to a fireman's dance for a non - profit organization and if they are in turn selling land to a profit making organization only owned by the fireman in name, he feels this should be aired by the Council. Manager Miller stated he has examined the contracts for all the fire departments, on which we are on a contractual basis and legally we do not have any power over them. They are not an "arm" of our government. Mayor Axdahl stated the signature on the agreement for the roadway was obtained by Mr. DeCoster and the Village was not a party of that agreement. The signatures were from both corporations. Mr. Axdahl requested if the Village could obtain the articles of incorporation from both companies. Attorney Lais stated the articles could be obtained from the Secretary of State but felt this would solve nothing since the incorporation of the Fire Department was years ago and the signers could well be deceased by now. Attorney Lais stated we were dealing with a private non - profit Corporation and a Volunteer Fire Department and not a branch of the Municipal Government and the relationship is that of a contract purchaser for services and would hesitate to see the Council get started on an investigation of something here which seems to be raised that there is something wrong in terms of the private non - profit corporation selling land and doubts that is it a proper area for the Council of the Village of Maplewood. Mr. Brady questioned what agency would be the proper one to investigate this. Attorney Lais stated an enforcement agency such as the County Attorney's office or the Attorney General's Office. Mr. Brady requested the Council to direct the Attorney to advise the proper agency so that the attorney could represent us properly. Mr. Miller asked Mr. Brady if he had talked with any of the officers of the organization. Mr. Brady stated he hadn't, he only knows what he has heard at the Council meetings. Fire Marshal stated that before anything went any further, the officers of the Parkside Fire Department should be invited to attend a Council meeting and answer any questions Council felt needed to be answered. Attorney Lais again stated that the Council has no business looking in to this, that it isn't a part of the Municipal government. If Mr. Brady wishes to investigate he should go to the County Attorney or the Fire Department or the Attorney General's Office. Mayor Axdahl stated there would be no official action since it is the Attorney's opinion that this is not a proper action for the Village at this time. ACCOUNTS PAYABLE ITEM NO 1. 2, 3. 4 5. 6. 7. 8. 9. 10. 1L 12. 13. 14. 15. 16. 17. 18. 19 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. CHECK NO. 9349 9350 9351 9352 9353 9354 9355 9356 9357 9358 9359 9360 9361 9362 9363 9364 9365 9366 9367 9368 9369 9370 9371 9372 9373 9374 9375 9376 9377 9378 9379 9380 9381 9382 9383 9384 9385 9386 9387 9388 9389 9390 PART I FEES SERVICES - EXPENSES MARCH 19, 1970. CLAIMANT PURPOSE American Pipe Service Registration Val J. Bjornson, Treas. 2/13/70 remittance Val J. Bjornson, Treas, 2/13/70 remittance Douglas C. Hamper Replace ck # 9202 Val J. Bjornson, Treas. 2/27/70 remittance Val J. Bjornson, Treas. 2/27/70 remittance Arcon Construction contract payment International City. Management Assoc. Membership dues Hillcrest Electric Co. Repairs Lake Sanitation Services Northwestern Bell Services Lee's Floor and Janitor Services Team Electronics Supplies Northern States Power Services St.Paul Drug & Surgical Supplies Continental Safety Supplies Northwestern Tire Co. Maintenance Twentieth Century Prtg. Supplies Myron's Gulf Maintenance Northwestern Bell Teletypewriter Serv. Postmaster Postage Sperry Office Furniture Co. Supplies Void Midway Ford Maintenance Northern Automotive Co. Maintenance Jim Christy's Maintenance Hillcrest Car Wash Maintenance Don Marrone Ford Inc. Maintenance Truck Utilities and Mfg. Co,Maintena.nce Northern States Power Services Uniforms Unlimited Supplies Champion Chevrolet Maintenance Hartford Insurance Supplies Hillcrest Car Wash Services Copy Equipment Inca Supplies Bureau of Business Practice Publication Rogers Supplies Leupold & Stevens Inc. Publication Bureau of Bus. Practice Publication McGraw Hill Book Co. Publication Northern States Power Co. Services Coast to Coast Stores Supplies, AMOUNT $ 25.00 1,255.77 1,721, 88 150.50 1,278.76 1,,761,73 1,000.00 3/19/70 58 75 12 00 15 00 13,50 524.30 A 6,46 694,20 13 ,38 24.30 21,46 63.80 46,10 123.25 6.00 18.24 12.18 11 .50 8.00 40.00 10.98 357.63 7.00 1.50 43,08 73.50 31.25 47 .50 30.87 1.25 1,50 21.12 12.86 241.01 .98 ITEM NO. CHECK NO. .CLAIMANT PURPOSE AMOUNT 43. 9391 Arsenal sand & Gravel Street Maintenance $ 11.9.38 44. 9392 Sta -Vis Oil Co. Supplies 13.08 45. 9393 Torseth Inc. Sign Material 8.51 46. 9394 Rollins'Fuel Oil Co. Supplies 45.95 47. 9395 General Welding Inc. Repairs 59.50 48. 9396 Midwest Bolt and Supply Supplies 5.63 49. 9397 MacQueen Equipment Repair and parts 132,23 50. 9398 Oxygen Service Co. Fuel 7.50 51. 9399 W.F. Smith Tire & Battery Repairs 130,14 52. 9400 3M Company Sign material 98.56 53. 9401 Fleet Supply and Machine Repairs and parts 99.68 54. 9402 Jim's Saw Service Tools 5.50 55. 9403 Northern States Power Services 22.59 56. 9404 Village of North St.Paul Street lighting 30,06 57. 9405 Northern States Power Street Lighting 1,444,57 58. 9406 AFU Service Services 65,95 59. 9407 Batzli Electric Repairs 13.25 60. 9408 Curtis 1000 Inc. Supplies `.280,77. 61. 9409 St.Paul Overall Laundry Services .28.60 62. 9411 Roger Mackenroth Reimbursement 50.00' �63. 9412 Polar Chevrolet Inc. Repairs 147.67 64. 9410 Northern States Power Co. Services 862.87 65. 9413 Scientific Research Supplies 273.39 66. 9414 Reed's Sales and Service Repairs 1.25 67. 9415 Flexible "Pipe Tool Co. Services 169.91 68. 9416 Sta Vis Oil Co. Supplies 7.13 69. 9417 Autocon Industries Inc. Supplies 5.49 70. 9418 International Harvester Parts 77'.38 71. 9419 General Trading Co. Parts 35.59 72. 9420 Ron Johnston Assoc. Supplies 126.05 73. 9421 Brady Margulis Co. Supplies 133.75 74. 9422 Satellite Service Co. Jan. -Feb. rentals 537.68 75. 9423 Ace Hardware Supplies ':4.:50 76. 9424 Northern States Power Services 85.58 77. 9425 Henry Pfarr Services 7C.00 78. 9426 David Nelson Services 29.75 79. 9427 Thomas Ostman Services 21.00 80. 9428 Edo Backen Supplies 103.77. 81. 9429 Mobile Homes Mfg. Assoc. Publicatinns 18.15 82. 9430 Institute of Traffic Eng.. Publications 2.00 83. 9431 Ministry of Housing and Local Government Publications .00 84. 9432 Sinclair Oil Corp. Gasoline 96:.56 85. 9433 Northestern Bell Telephone 777 8131 61;.49 86. 9434 Northwestern Bell Telephone 777 8191 7(.00 87. 9435 City and County Cr. Union 3/13/70 remittance 63,.50 88. 9436 International'Union- 49 March dues 5(,.00 89. 9437 American National Bank Int.- Bonds dtd 10/1/60 17:.00 90. 9438 American National Bank Bonds dated 10/1/60 5,58E -94 3/19/70 ITEM NO. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 1-03. 104. CHECK NO. CLAIMANT' PURPOSE 9439 American National Bank Bonds dated 10/1/62 9440 American National Bank Bonds dated 9/15/64 9441 Lillie Suburban Newspapers Legal Publications 9442 International Bus. Mach. Supplies 9443 Tabulating Serv.Bur. Feb. service 9444 Xerox Corp. Feb. services 9445 National Cash Register Supplies 9446 Fisher Photo Supply Supplies 9447 Maplewood Plumbing Services - repairs 9448 Richard Schaller Uniform reimbursement 9449 Gopher Properties Classified ad 9450 Donald H. Campbell Services 9451 Juran & Moody Inc. Services- Bond sale 9452 Delmar Office Machines Maintenance Check No. 9349 throug'i Check No. 9452 TOTAL PART I 3/19/70 AMOUNT $5,493.70 7,952.33 424.00 25.38 74-40 350.00 101.10 242,73 33,75 15.99 43.00 465.00 6,725.00 124.00 $45,337.32 PART II PAYROLL ITEM NO. CHECK NO. CLAIMANT AMOUNT 1. 245 Michael G. Miller $ 455./3 2. 246 Lucille E. Aurelius 243.13 3. 247 Barbara J. Feyereisn 140.17 4. 248 Phyllis C.Green 135.98 5. 249 Arline J. Hagen 207.38 6. 250 Lydia A. Small 132.93 7. , 251 Charles E. Anderson 296.92 8. 252 David L. Arnold 301.19 9. 253 John H. Atchison 266.31 10. 254 Anthony G. C..hanes 331.24 11. 255 Dale K. "Clau;.on 262.35 12. 256 Kenneth V. Collins 279.76 13. 257 Dennis S. CuEick 315.73 14. 258 Dennis J. Delmont 230.16 15. 259 Robin A. DeRocker 304.79 16. 260 Richard C. Di eger 272.'E9 17. 261 Patricia Y. Terrazzo 229.51 18. 262 Norman L. Grcten 321.?4 19. 263 Thomas L. Ha € ;en 390.?4 20. 264 David J. Hahrs 256.30 21. 265 James T. Horizon 245.78 22: 266 Donald V. Kortus 113. +7 23. 267 Roger W. Lee 282.55 24. 268 John J. McNu.ty 289.79. 25. 269 Gerald W. Meyer 247.55 26. 270 Robert D. Nelson 284.30 27. 271 Gerald E. Neuspickle 180.50 28. 272 Dale E. Razsl:azoff 250.41 29. 273 Richard W.Schaller 406.55 30. 274, Duane J. Wil'.iams 302.05 31. 275 Joseph A. Zappa 366.47 32. 276 Sandra J.Mosner 79.65 33. 277 Marcella M. Mottaz 152.62 34. 278 Alfred C. Schadt 326.94 35. 279 Frank J. Sailer 122.89 36. 280 Raymond J. Hite, Jr. 385.79 37. 281 Robert D. Jackson 288.54 38. 282 Calvin L. Ja:isen 324.27 39. 283 Vivian R. LeWis 187.35 40. 284 Thomas J. Mc' (ahon 408,05 41. 285 Gary L. Wheaton 192.12 42. 286 Bernard A. K.ieder 318,00 43. 287 Raymond J. Kieder 239.44 44. .288 Henry-F. Kla xsing 236.88 45. 289 Joseph W. Pa.'nell 254,60 46. 290 Virgel H. Pe )er 257.12 47. 291 Arnold H. Pf irr 260,84 3/19/70 ITEM NO. CHECK NO. CLAIMANT AMOU\T 48. 292 Joseph B. Prettner 366.89 49. 293 Edward A. Reinert 225.28. 50. 294 Myles R. Burke 205.57 51. 295 Herbert R. Pir.: u.ng 305.12 52. 296 Stanley E. Weeks 238.62 53. 297 Anthony T. Barilla 382•`5'9 54. 298 Richard J. Ba:_tholomew 259.90 ° 55. 299 LaVerne S. Nu_eson 287.9 56. 300 Rubye M. Mullf3tt 162.07 57. 301 Eric J. Blank . 70.:'2 58. 302 Bailey A. Seida Check No. 245 through Check No. 302 TOTAL PART II $15,221.4: Check No. 9349 through Check No.9452 TOTAL PART I 452337 - -A SUM TOTAL $60,558..1 -C 3/19/7,0