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HomeMy WebLinkAbout05-07-1970AGENDA Maplewood Village Council 7:30 P.M., Thursday, May 7, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 - 11) (A) CALL TO OR )ER (B) ROLL CALL C APPROVAL OF MINUTES 1. Minutes No. 9 (April 16, 1970) (D) PUBLIC HEARINGS - None (E) AWARDING OF BIDS 1. Aggregate and Bituminous Materie.)s 2. Gasoline 3. Equipment Rental Q) APPROVAL 0,= ACCOUNTS JG;)_ VISITOR PRESENTATIONS H UNFINISHEE BUSINESS 1. Bor Son Zoning 2. Building Permits: a. Holy Redeemer Church - Reconsideration b. Superamerica Station (Upper Afton Road condition change - W SpWial Use Permit - Request ioi time eXLensiv 4. Ostorgren. Proposed Park Site - ^_esentati.on 5. Orcinance Change Request (bingo ,egulations) - - itrvi'1a55 pr n (Doro Inc.) St. Pau= Ski Club 6. Ordnance 4 266 (adoption) - List nse and permit .. ------ -- -._.._ 7. Sewer Service Contract - City of St. Paul S. Street Improvement Agreement (11th Avenue and Ariel Street) - Village of North St. Paul g. Fea>i.bility Reports: a. Bartelmy Lane _ b. Kchlman Lane _ 10. Report - Burning, refuse disposal and pollution control 17.. T. 3. 36 (T.H. 61 to McKnight Ro<:d) - Request for plan approval. 12. Loa_1 Restrictions - Remove (I ) NEW BUSINE >S 1. Dra'_nage Problem (private proper ' y) - Walter weaver (2360 Bush Ave.) 2. Bui',_dino Code Variance Request - Valentine Knabe (1760 Desoto) 3. Bui_ding Plan Review: a. A & W Canopy (Albert Brocl) _ b. Kinney Shoe Store (AM -CAL Construction Corp.) - S. E. Corner County Road B and 1 -hite Bear Avenue _ 4. Petition - Complete street and w.:ter improvements (Van Dyke, C)pe to -ounty Road B) _ 5. Esc-ow Release - Tilsen's Maplew,;od Heights # 3 and # 4 _ 6. Prcoerty Divisions (5) 7. Mai'_ing Machine - Lease _^ _ B. Park and Recreation Commission - Terms 9. Investment of idle Funds - Firemen's Relief (J) COUNCIL PRESENTATIONS 1. Mayor 2. Cou.lcil (K) ADMINISTRATIVE PRESENTATIONS SL) ADJOURNMEPT ADDENDUM TO THE AGENDA Meeting No. 70 - 1C I T E M E The bid tabulations are enclosed and the award recommendation is included in the tabulation. You will note that the apparent low bidder is not necessarily recommended, because costs of transporta- tion and vehicle time effect the actu;:l final costs of some of these itams. HH =1 As you know, suit has been filed agaii,st the Village to make the Council grant a building permit to the Box Son Building Company for the construction of apartments and townhouses on the west side of Sterling near Brookvisti°r Avenue. The Council has also received a request that the area in question be rezoned. The Village Attorney. has suggested that any rezoning actio, would probably be stopped by injunction prior to completion. H -2 a) Bailey Seida will present some alternate types of materials which might be utilized by the church. We :emind the Council that this i> a subjective -type decision which can only be made by the Council ar.d not by the administrative staff. The building in question will be semi - public in nature and will be located in what will probably devalope as a residential area. b) Ruse.all C. Morgan, the owner of tie Superamerica service static-i site at Upper Afton Road and Century avenue, has requested that the Council Nithdraw the condition included in the plan approval vahich restricis future additions closer to Jpper Afton Road. After placi-Ig this iten on the agenda I discovered hat present ordinance provis!Dns (in addition to the condition) restri;t farther .expansion tosard Upper Afton Road; therefore, the waiving of the condition will not solve Ma . Morgan's problem. He trill. 0e so advised. H -3 On May 15, 1969 the Village Council a>proved a planned unit developnent, for Dorc, Inc., to be located at the northeast corner of Larpenteux and McKright. The approval was based on the condition that constriction begin w;thin 12 months. This is now an impossibility. The Dolan Engineering Company has requested an axtention of the time limit. The applicants claim that the tight money situation has prevented con- struction and that a financial committment has now been secured (see encloses'). It is recemmended that th=_ request be denied and that the applicants be advised that reapplication is the proper procedure. Time limits are the Village's insuracce that conditions will not clange in the area prier to construction am also that the applicants are serious and ready to take action witiin a reasonable time. If one time expension is granted, planned urit applicants will no longer -.ake them seriously. HH ^4 John Bo.and (Park R Recreation Commission) and Peter Shattuck (MP.F.! wish to make a presentation regarding the development of the Oster,,ren park (p :-oposed) site. We have received (and forwarded to the Commission) an appraisal of the Ostergren land The appraisal value is $35,2:X`. H -5 The St. Paul Ski Club has been unable to find a location for its bingo activities (see enclosed letter) and requests that the bingo regulations regarding location (be changed ) to allow the club to operate at the Maplewood Bowl. The requirements of the Maplewood Code were placed _ in effect to avoid the establishment of bingo establishments.(Sea Code 802.020). H -6 Second reading (final adoption). H -7 Enclosed is a report from Tom McMahon which summarizes the provisions of the proposed agreement with the Ci:y of St. Paul for sevier service to the V_llage. The contract provides for lower rates than are technically in effect now and are ret::oactive to 1965. Tom's report presents a history of the contract. ri`8 Encloses; is a copy of the proposed street agreement with North St. Paul which allows that Village to improve 11th Avenue from McKnight to Wnite Bear Avenue and Ariel from 9th Avenue to Flanders Road. It also provides for reir,bursement to North St. Paul by Maplewood for the improvements as the abutting land in Maplewood developes. H_9 a) This project is found feasible but it is recommended that acti m be delayed pending improvements of Cei.tury and McKnight and pending completion of the TOPICS program. (Report enclosed). b) This report will be made at the meting. H -10 Tom will present this report at the meting. H_11 These plans are acceptable to our eng'.neer with certain changes which will be ?xplained at the meeting. H -12 Authorization to remove the temporary load restrictions from the st .-eets is requested. II =1 Mr. Weaver is having drainage problem:: which are evidently confined to private properties. The Village cannrt legally take action in this matter. He has been informed that it is a civil matter, but he sti'.1 wishes t) appear before the Council. I -2 Mr. Vale:tine wishes to receive a var:ance from the provisions of Maplewood's building code which provides for a maximum floor area o,* 750 squa ^e feet for private garages. He wishes to construct a garage with a square footage of 1 152 square feet. It is recommended that the request be denied. A report from the Planner which includes an int rest - ing history on Mr. Valentine is enclo::ed. He is now operating Val'; Body Shop at that location. 1-3 a) Approval recommended (on Century north of Minnehaha). b) Approval recommended with conditions. 1-4 A petition signed by 52.5 °6 of the prol:erty frontage has been submit;:ed. It shout -1 be accepted and a feasibili'.y study ordered. I -5 The release of escrow I to the Tilsen Construction Company is recommended (report enclosed). I -6 Routine 1-7 Authority is requested to lease a Model 5600 Pitney- Bovres Mailing Machine for $24.32 per month on a five -year contract. The outright purchase of the machine would cost $1;.030. The purchase price is not included in the 1970 budgat and the leasing method provides a more flexible operation in the type of machine used. Our present machine which we leases cannot accomodate our sewer billing methods. I -8 Ordinance No. 260 provides for initial terms to the Park and Recreation of one-year (three members), two years (three members), and three years (three members). The members o= the Commission are: Charles A. Brown John Boland Charles J. Brix Joseph L. Fox Greg Hogan Marvin Mahre Stanley Sandquist Emil E. Shimota Clarence Zuercher John P. Joyce Eric J. Blank 1-9 I am mee':ing with members of the Glad !tone Fire Department to disou:s their desire to invest idle funds of 'heir Fireman's Relief Association. They wil` want Council authority to irvest the money. I will cheat on the lega:I ty of the investments. OTHER Enclosed is a copy of the Treasurer's financial statement for 1969. Also I an enclosing a copy of the Brooklyn Center ordinance regardiig its Conservation Commission (I have requested but have not yet rece'.ved a copy or the Bloomington ordinance). 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. May 7, 1970: Councilwoman Olson moved that the minutes of March 19 1970 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 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 investigating either by the Council here or by some higher body. He would like to see some action taken on this. 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. Minutes of Maplewood Village Council 7:30 P.M., Thursday, May 7, 1970 Council Chambers, Municipal Administration Building Meeting No. 70 - 10 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 7:33.P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harold L. Haugan, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present APPROVAL OF MINUTES 1. Minutes No. 9 (April 16, 1970) Councilman Wiegert moved that the minutes of Meeting No. 9 (April 16, 1970) be approved as corrected: Page 11 - Item 7. a "An Assessment of water" 7b °cancellation of $860.00 water assessment" 7c "The Sanitary Sewer assessment for this property." Page 9 - Item 2 -c: Seconded by Councilman Wiegert. Seconded by Councilwoman Olson. Ayes - all. D. PUBLIC HEARINGS NONE E. AWARDING OF BIDS 1. Engineering ,Administrator McMahon presented bid awards for Asphaltic materials, Motor Gasoline; Equipment Rental; Aggregate; Bituminous Material, and topsoil. The Bids have been tabulated and analized and Staff would recommend accep- tance of bids presented. In some catagories, bids other than the low bids are recommended for acceptance. This is based only on items which are purchased F.O.B. suppliers Plant and the criteria for analysis included a combination of bid price and cost of transportation with Village Staff and equipment. - l - 5 -7 a. Asphaltic Materials Councilman Greavu introduced the following resolution and moved its adoption: 70 -5 -50 Be It Resolved by the Village Council of Maplewood, Minnesota that the bids of: 1. Great Northern Oil 2. Richards Oil Co. 3. Northwestern Refinery Co. 4. L. N. Sickels Co. 5. W. H. Barber are the lowest responsible bids in the best interests of the Village; that the bid tabulation be attached hereto and incor- porated by references, and that the proper Village Officials are directed to enter into a contract therefore. Seconded by Councilman Haugan. b. Motor Gasoline Ayes - all. Councilman Wiegert introduced the following resolution and moved its adoption: 70 - 5 - 51 Be It Resolved by the Village Council of Maplewood, Minnesota that'.the bid of Mobil Oil Co. for regular gasoline (21.0¢ per gallon) and premium gasoline (23.0¢ per gallon) is the lowest responsible bid in the best interests of the Village and that the proper Village Officials are directed to enter into a con- tract therefore. Seconded by Councilman Greavu. c. Equipment Rental Councilman Greavu introduced the followi and moved its adoption: 70- 5 -52 Ayes - all. Be It Resolved by the Village Council of Maplewood, Minnesota that the bids of: 1. T. A. Schifsky and Son 2. Alexander Construction 3. Cemstone Products 4. Ashbach Construction Co. 5. J. L. Shiely Co. - 2 - 5 -7 are in certain categories, the lowest responsible bids in the best interests of the Village; that the bid tabulations be attached hereto and incorporated by reference (items for award indicated thereon) and that the proper Village Officials are directed to enter into a contract therefore. Seconded by Councilman Wiegert. Ayes - all. F. APPROVAL OF ACCOUNTS Councilman Haugan moved that the accounts in the X445.731.56 - (Part I. Fees, Services, Expenses, yayraii uneCK 110. 440 Lnr "UUyil I. LIMN Nu- YJL be paid. Seconded by Councilwoman Olson. Ayes - all. G. VISITOR PRESENTATIONS 1. Charles Brady, 597 Kingston Avenue Mr. Brady stated he had appeared at a previous meeting and requested information regarding the Parkside Fire Department. Nothing had appeared in the minutes relating to his request. Councilwoman Olson moved that the minutes of the meeting of March 1970, be amended to reflect Mr. Brady's statements. (Amendment Attached) Seconded by Councilman Wiegert. Ayes - all. Donald Lais, Village Attorney, contacted the attorney for the Parkside Fire Department after the meeting (March 19, 1970) and was informed that a report regarding the Parkside Fire Department will be forthcoming. Councilman Wiegert moved that the Village Attorney obtain a repor from the Parkside Fire Department and present to Council. Seconded by Councilwoman Olson. Ayes - all. UNFINISHED BUSINESS 1. Bor Son Zoning a. Manager Miller stated that the Bor Son Company had filed a suit against the Village to allow them to obtain building permits on Sterling and Brookview. I i� b. Attorney Don Lais stated he has prepared an answer and counter - claimed and filed it. There is some additional work to be completed. Mr. Lais has contacted Mr. William Rosen, attorney for Bor Son, and Mr. Rosen would be here but not until after 9:00 P.M. - 3 - 5 -7 c. Councilwoman Olson moved to delay any action until Seconded by Councilman Haugan. Ayes - all. 2. Building Permits a. Holy Redeemer Church - Reconsideration George Rossbach, 1406 E. County Road C., representing Holy Redeemer Church, had appeared at a previous meeting requesting approval of building plans for the new church at Hazelwood and County Road C. He requested approval of concrete block for the entire building. Council had approved the plans with the stipulation that the front of the Church be brick - front. Mr. Rossbach is requesting reconsideration of this stipulation. He showed several slides and photographs of concrete block buildings. It is still the plans of the church to, in the future, face the building on the street sides with brick, or stone. The possibility of sealing or painting the concrete blocks was discussed. b. Administrator Seida presented the Staff Report and presented photographs of alternate types of materials which might be utilized by the Church. Discussion was held regarding the type of eaves, window frames and the column supports to be constructed and painted. c. Councilman Greavu moved to approve the building plans for the Holy Redeemer Church with the same conditions as previously approved with the exception that Item 8 shall read: "Break off Block may be used on four sides of the building.' 1) Parking, Landscaping, Drainage - Signing & Lighting Plans subject to Staff Approval. 2) Recommend water be required by petition for (or Village Instituted) to complete loop (Hazelwood to "C" to Kennard) 3) Dedicate 66' R/W on extension of Barclay Street. 4) Dedicate 33' R/W on North property line. 5) Dedicate additional 7' R/W for Hazelwood. 6) Large glass areas to be safety glass. 7) Approval subject to permit request w /in 90 days. 8) "Break off" block may be used on four sides of the building. - 4 - 5 -7 Parking 1) Require 30' Drive Openings 2) Parking Stalls 10' to 20' 3) Drive Lanes Minimum of 25' 4) 15' Radii on drive openings. Seconded by Councilman Wiegert. Ayes - all. b. Super America Station (Upper Afton Road) Manager Miller presented a request from Super America for Council to withdraw the condition included in their plan approval which restricts future additions to be built closer to Upper Afton Road. After placing this item on the agenda Mr. Miller discovered that present ordinance provisions restrict further expan- sion toward Upper Afton Road; therefore, the waiving of the condition will not solve Super America Company's problem. They will be so advised. Special Use Permit - Request for Time Extension (Doro, Inc.) Manager Miller presented a request from Doro, Inc. to extend the limit for their Special Use Permit for Planned Unit Development at the M.E. corner of Larpenteur Avenue and McKnight Road. On May 15, 1969 the Village Council approved a planned unit development, for Doro, Inc., to be located at the northeast corner of Larpenteur and McKnight. The apnroval was based on the condition that construction begin Within 12 months. This is now an impossibility. The Dolan Engineering Company has requested an extention of the time limit. The applicants claim that the tight money situation has prevented construc- tion and that a financial committment has now been secured. Bill Dolan, Dolan Engineering Company stated they have in the early part of 1970 started to make progress to put together a joint venture with the Metropolitan Life Insurance Company through the Northland Mortgage Company of Minneapolis. Because of the size of he project and the fact that the mortgage will be a "joint venture" between Doro, Inc. and the Metropolitan Life Insurance Company the paper work and details for the financing have taken considerably longer than they originally anticipated. They would like to request at this time an ex- tention to allow them to start construction on the project in September 1970 with completion in the Spring of 1972. The plans for the development are exactly the same as previously approved. - 5 - 5 -7 Robert C. Flakne, Vice President of Northland Mortgage Company stated he will be meeting with a representative of the Metropolitan Life Insurance Company and since there is a great deal of paper work involved, in fact, it could take up to 90 days to complete all the paper work in itself, he feels a 6 month extension would be necessary. Mr. Flakne further stated he would have a committment within 30 days or a documentation to prove the intent of committment. Other partners in this "joint venture" are Oliver Ojdahl, Charles Cox, and John Morrison. Council stated they felt they would like something more definite to rely on rather than just maybe within 30 days a letter of committment will be available. Administrator Seida stated that in case of an extension an alternative would be to set a time element of 45 days and post a $5,000 bond by May 15, 1970 to guarantee performance or in the absent of it to guarantee restoration of the property for the soil boring tests that have made at the site. Councilman Wiegert moved to approve the extension of the permit for 45 days with the posting of a $5,000 performance bond by May 15, 1970, guaranteeing performance and showing evidence to the satisfaction of the Council of the joint venture between Doro, Inc., Metropolitan Life Insurance Company through the Northland Mortgage Company, Oliver Oodahl and Associates and in the absence of such evidence the bond would guarantee restoration of the site. Seconded by Councilman Greavu. Ayes - all. Mr. Dolan questioned if it were proper within this 45 day period, to go before the Planning Commission with his plans. Council stated this was proper. Ostergren Proposed Park Site - Presentation Mr. John Boland, representing the Park and Recreation Commission made the presentation regarding the Ostergren Park proposed site. Parkside area has a lack of land for development for recreational purposes. The Commission requests permission from the Council to proceed with obtaining the Ostergren property. Appraisal of this pro- perty is $35,250.00. 6 - 5 -7 b. Mr. Peter Shattuck representing the M.A.A. stated that this additional land is needed for this area due to the increase of population and also the increase of needed recreation facilities for the youth. The property could be developed now at very little cost. The Lion's Club has donated a hockey rink of which the Recreation Department has no land to build it on. He requested Council to act on the acquistion of this property and to grant Staff authority to investigate the financial aspects of the program and negotiate with Mr. Ostergren on price; grant Staff authority to lease this property if an agreement cannot be reached. c. Mr. Jack Gallagher, 1785 Agate stated although he lives west of 35E, he feels this area ( Ostergren Site) is the Central playground. Younger children would be unable to cross 35E to use this facility but the site would benefit the older youth and it would be a place to start. d. Councilwoman Olson moved that the Staff be authorized to negotiate on the sale of the property and also for Staff to prepare a financial feasibility study. Seconded by Councilman Wiegert. Ayes - all. 5. Ordinance Change Request (Bingo Regulations) - St. Paul Ski Club a. Manager Miller presented a request from the St. Paul Ski Club to change the Maplewood Ordinance to allow them to operate a bingo game at the Maplewood Bowl. The Ordinance states that only one organization be allowed to operate at a location. The Lion's Club already operates a bingo game at the Maplewood Bowl. b. Mr. Bill Mahre, representing the St. Paul Ski Club stated he has been unable to find another location for its bingo activities. c. Councilwoman Olson moved that the Maplewood Ordinance re- ag rding Bingo games not be changed. Seconded by Councilman Haugan. Ayes - all. Mayor Axdahl called a five minute recess. Mayor Axdahl reconvened the meeting at 10:13 P.M. During the recess, Attorney Don Lais talked with Mr. William Rosen Attorney for Bor Son, and requested that the Council defer any action regarding this property and continued this matter for two weeks to give the opportunity to work out an agreement. The purpose of this is to avoid complicating the total issue and at the same time not lose any rights that the Council or the Village may have in this matter at this time. - 7 - 5 -7 Councilman Wiegert moved to defer any action on this matter for two weeks. Seconded by Councilman Greavu. Ayes - all. 6. Ordinance No. 266 (Adoption) License and Permit Fees a. Manager Miller read the proposed Ordinance. b. Councilwoman Olson introduced the following Ordinance and moved its adoption: Final ORDINANCE NO. 266 AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO PERMIT FEES AND LICENSE FEES THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 103.010, REPEAL OF FEES. All permit fees and all license fees passed by the Village of Maplewood up to April 17, 1970, whether by Ordiance or by Resolution, are hereby repealed. Section 2. Section 104.020, ADOPTION OF PERMIT FEE AND LICENSE FEE SCHEDULES. There is hereby adopted by the Village of Maplewood Fees as set out in the Schedule of Fees, dated of April 17, 1970, including permit fees, license fees, service fees and building fees, of which Schedule not less than 3 copies have been received and are now on file 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 provisions thereof shall be controll- ing within the limits of the Village of Maplewood. Section 3. This Ordinance shall take effect and be in force from and after passage publication. Seconded by Councilman Haugan. Ayes - all. 7. Sewer Service Contract - City of St. Paul a. Engineering Administrator McMahon presented a report which summarized the provisions of the proposed agreement with the City of St. Paul for sewer service to the Village. The contract provides for lower rates than are technically in effect now and are retroactive to 1965. Mr. McMahon presented the history to the contract. Due to the fact that as of January 1, 1971 the Metropolitan Sewer Board will assume responsibility for allocating and collecting sewer revenue, Mr. McMahon recommended executing the sewer rate contract with the City of St. Paul at the reduced rates to the Village that are stated so that the Village will have a firm contract when the Metro Sewer Board takes over. - 8 - 5 -7 Councilman Wiegert introduced the following resolution and moved its adoption: 70 - 5- 54 WHEREAS, the City of St. Paul and Village of Maplewood have negotiated the terms of an agreement between the City of St. Paul and Village of Maplewood authorizing the interconnection of Public Sewers, said Agreement having initially been determined in 1967; BE IT RESOLVED, that the Mayor and the Clerk of the Village of Maplewood are hereby authorized and directed to execute said Agreement and to deliver said executed copies of the Agreement to the City of St. Paul, Minnesota. Seconded by Councilman Greavu. Ayes - all. c. Engineering Administrator McMahon requested the Council approve a resolution objecting to section 5, paragraph 9 of the new "Agreement for Sewer Service." d. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -5 -54A WHEREAS, the Village of Maplewood has authorized execution of an "Agreement for the Interconnection of Public Sewers "; and WHEREAS, the City of St. Paul has interpreted Section 5, paragraph 9, of said Agreement in such manner as to cause a disproportionate share of costs of extra - ordinary maintenance to be borne by an affected suburb; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MAPLEWOOD that: 1. The aforementioned interpretation is objectionable and unreasonable; 2. The aforementioned Section 5, paragraph 9, will be deemed reasonable and acceptable only when the basis of cost participation is related to percentage of conduit capacity appropriated; 3. The following be sustituted for Section 5, paragraph 9 of said Agreement: "9. Suburb shall pay City a charge for Suburb's share of of the costs of jointly -used sewers serving the Suburb. This charge is to reimburse the City for Suburbs' share of those expenses which the City incurs in making repairs which, under accepted accounting practice, are not embraced in the cost of current maintenance and repair under sub- division 6 of this Section. Suburb's share of such cost shall be computed by apportioning the total cost thereof between the City and Suburb in the proportion which the total capacity appropriated for the Suburb, in the parti- cular sewers repaired, bears to the total capacity available through such sewers. - 9 - 5 -7 When such extra - ordinary repairs are deemed necessary by the City, the City shall immediately notify the Suburb of the requirement therefore, to include an estimate of costs of such repairs." Seconded by Councilman Greavu. Ayes - all. 8. Street Improvement Agreement (11th Avenue and Ariel Street) Village of North Saint Paul a. Engineering Administrator McMahon presented a proposed street agreement with North Saint Paul which allows the Village to improve 11th Avenue from McKnight to White Bear Avenue and Ariel from 9th Avenue to Flanders Road. The Agreement also provides for reimbursement to North St. Paul by Maplewood for the improvements as the abutting land in Maplewood develops. b. Councilman Greavu introduced the following resolution and moved its adoption: 70 -5 -55 ET IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of May, 1970, by and between the Village of Maplewood, a municipal corporation, hereinafter referred to as "Maplewood" and the Village of North St. Paul, a municipal corporation, herein after referred to as "North St. Paul "; WITNESSETH: WHEREAS, the location of 11th Avenue from Ariel Street to White Bear Avenue is located in Maplewood, and Ariel Street between 9th Avenue and Flanders Road, being a border line street is located partially in Maplewood, and WHEREAS, North St. Paul wishes to improve 11th Avenue from McKnight Road to White Bear Avenue and Ariel Street from 9th Avenue to Flanders Road, and WHEREAS, North St. Paul desires to have the consent of Maplewood to improve those portions of llth Avenue and Ariel Street within the corporate limits of Maplewood, and WHEREAS, North St. Paul wishes to enter into an agreement with Maplewood for the reimbursement of costs for the aforementioned im- provements upon the terms herein provided: NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Maplewood will give authorization to North St. Paul to acquire the needed right of way for 11th Avenue and Ariel Street. The right -of- way width for Ariel Street shall be 33 feet in each Village, and 80 feet for 11th Avenue in both Villages. - 10 , - 2. North St. Paul will prepare plans and specifications for the improvement of 11th Avenue and Ariel Street; said plans and specifications being subject to approval by the Village of Maplewood. Upon approval of plans and specifications, the Village of North St. Paul shall advertise for bids, and, upon receipt thereof, shall make recommendation to the Village of Maplewood for award of construction contract for concurrence therein. Upon concurrence in award of con- tract for construction of said improvements, the Village of North St. Paul shall be responsible for engaging the Contractor and Supervising the Construction of the proposed improvements. The construction shall include the installation of storm sewers, grading, graveling, paving with concrete curb and gutter, and complete boule- vard restoration. All costs for the performance of such work, includ- ing the cost of design and inspection and land acquisition costs, shall be paid for by North St. Paul, subject to reimbursement by Maplewood to North St. Paul as set forth in paragraph 3 hereof. Maplewood shall be given the opportunity to install water and sewer utilities and appurtenances as determined by Maplewood. 3. Maplewood will reimburse North St. Paul for the cost of the improvement of 11th Avenue from Ariel Street to White Bear Avenue, and their proportionate share of improving Ariel Street from 9th Avenue to Flanders Road. Reimbursement to North St. Paul shall be made as the property in Maplewood is developed and shall be on a front foot basis, except for storm sewer, which shall be on a tributory square footage area. No interest shall be charged by North St. Paul and no deprecia- tion shall be claimed by Maplewood. Property shall be considered de- veloped as soon as building permits are issued for that parcel of property. The amount of reimbursement which Maplewood shall pay to North St. Paul shall be determined as follows: (a) When the property abutting 11th Avenue or Ariel Street in Maplewood develops, then the reimbursement shall be $15.00 per front foot for streets and $0.04 per square foot of tributory area for storm sewers; (b) The Village of Maplewood reserves the right to levy the charges set forth in a. above, as an assessment, if its Village Council deem such action necessary and expedient. 4. At such time as North St. Paul has been reimbursed for the improvements of 11th Avenue and Ariel Streets by all properties abutting said streets in Maplewood, the portions of said streets within the corporate limits of Maplewood shall become the property of the Village of Maplewood. - 11 - 5 -7 5. Maintenance of 11th Avenue, from Ariel Street to White Bear Avenue, and of Ariel Street, shall be in accordance with the "Border Line Street Agreement" between the Villages of Maplewood and North St. Paul. 6. All traffic signalization and signing shall be the sale responsibility of the Village of North St. Paul, to include all costs of installation and maintenance. Such costs shall not be incorporated in the costs of the roadway as set forth herein, and as herein designated for reinbursement. 7. All parties hereto represent that they are legally authorized to enter into this agreement. No change in the provisions hereof shall be effective unless such change is ex- pressed in writing and executed by the parties hereto. All notifications hereunder shall be deemed sufficient if mailed by registered mail to the parties at their regular official address. IN TESTIMONY WHEREOF, the parties hereto have executed this agreement this 7th day of May, 1970. Seconded by Councilman Haugan. Ayes - all. Feasibility Reports Bartelmy Lane 1. Engineering Administrator McMahon presented the feasibility study for the upgrading of Bartelmy Lane from Stillwater Road to the south in conjunction with the Council's approval of the plat on the east side of Bartelmy Lane. Mr. McMahon recommended that due to the proximity of the existing dwelling and garage (Mr.Leeman, 2438 Stillwater Road) to the proposed new right -of -way and that the upgrading of this street would serve to attract more traffic (as a short cut to Stillwater Road by 3M employees)and that although the improvements are feasible this improvement be tabled pending upgrading of Century Avenue and McKnight Road and pending completion of the "TOPICS" study. Councilwoman Olson moved to acce able the Bartelmv Lane imoroveme Seconded by Councilman Wiegert. 3. Mr. Dale Anderson developer of on the east side of Bartelmy Lane past his plat at his own expense. and Ayes - all. the Bartelmy Lane First Addition is installing the sewer system - 12 - 5 -7 It Appears that there is a sewer assessment against this property but the sewer main does not serve this property. Councilwoman Olson moved to instruct the Staff to prepare a report on the assessments of $2421.70 for Sanitary Sewer against Mr. erson's property on Seconded by Councilman Haugan. b. Kohlman Lane Sanitary Sewer Ayes - all. 1. Engineering Administrator McMahon presented the feasibility report for the construction of Sanitary Sewer on Kohlman Lane northeast of Keller Parkway. Estimated cost of the improvement is $103,950.00. The improvement is feasible and Mr. McMahon recommended acceptance of the report and set a date for public hearing. 2. Councilman Greavu introduced the following resolution and moved its adoption: 70 -5 -56 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Kohlman Lane Area northeast of Keller Parkway by construction of sanitary sewer 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: 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 Kohlman Lane Area northeast of Keller Parkway by construction of Sanitary sewer mains, service connections, appurtenances, and necessary street reconstruction, is feasible and should best be made as pro- posed, 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 $103,950.00. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on Thursday the 4th day of June 1970, at 7:30 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: - 13 - 5 -7 NOTICE OF HEARING FOR SANITARY SEWER 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 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: June 4, 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: KOHLMAN LANE Area Northeast of Keller Parkway. The total estimated cost of said improvement is $103,950.00. 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 7th day of May, 1970. Seconded by Councilman Haugan. Ayes - all. 10. Report - Burning Refuse Disposal and Pollution Control a. Engineering Administrator McMahon presented the report regarding Solid Waste Disposal Burning Regulations and Pollution Control as requested. The State regulations controlling air - pollution and' solid waste disposal are quite specific. While the date at which the State regulations have become, or will become effective is still not clearly settled. Mr. McMahon presented in detail the specifics on the Village providing municipal garbage and refuse disposal services and also of the Village considering executing a franchise agreement with the three major haulers. (The reports are on file in the Village Office). - 14 - 5 -7 b. Councilman Wiegert moved to accept the report and ins the Staff to prepare the necessary ordinances. Seconded by Councilwoman Olson. Ayes - all. 11. T. H. 36 (T.H. 61 to McKnight Road) Request for Plan Approval a. Engineering Administrator McMahon presented the plans for the construction of T.H. 36 from T.H. 61 to McKnight Road. He recommended acceptance of the plans with certain changes. b. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -5 -57 WHEREAS, the Commissioner of Highways has prepared preliminary plans for the improvement of a part of Trunk Highway Number 118 renumbered as Trunk Highway Number 36 within the corporate limits of the Village of Maplewood from the Jct. T.H. 61 to the E. Corp. Limits; and WHEREAS, said preliminary plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 2A, S.P. 6211 -17 (36 118) from the Jct. T.N. 61 to McKnight Road; and WHEREAS, copies of said preliminary plans as so marked, Labeled., and identified are also on file in the office of the Village Clerk; and WHEREAS, the term "said preliminary plans" as hereinafter used in the body of this resolution shall be deemed and intend- ed to mean, refer to, and to incorporate the preliminary plans as in the foregoing recitals particularly identified and described; and WHEREAS, said preliminary plans do not offer reasonable and acceptable substitutes for proposed access limitations in highly populated and (or) industrial zoned areas of the Village of Maplewood; NOW, THEN, BE IT RESOLVED, that said preliminary plans for the improvement of Trunk Highway Number 118 renumbered Trunk Highway Number 36 within the limits of the Village of Maplewood be and hereby are approved, if amended to include: (1) A remote parallel frontage road from the proposed intersec- tion of English Street and Gervais Avenue to the general area of the intersection of White Bear Avenue and Gervais Avenue; said frontage road being on the alignment of Gervais Avenue, or on such alignment as to generally abut said proposed construction; (2) A remote parallel frontage road on the alignment of Cope Avenue from Hazelwood Avenue to White Bear Avenue; - 15 - 5 -7 (3) A minimum 48 -foot driving surface with curb reaction and sidewalks on both sides of the proposed English Street bridge; (4) A minimum 48 - foot driving surface with curb reaction and sidewalks on both sides of the proposed Hazelwood Avenue bridge; (5) Revision of the frontage road, alignment shown on the plans at the northwest quadrant of the T.H. 36- White Bear Avenue interchange in lieu of (1) above, and provision of access thereto for the existing commercial firm; (6) Construction of frontage roads in accordance with Village design standards; (7) Provisions for alleviation of sight distance bayards inherent to the existing White Bear Avenue - T.H. 36 interchange as regards traffic on White Bear Avenue; (8) Upgrading of existing frontage roads; (9) Review of the need for signalization at the T. H. 36 - White Bear Avenue interchange; (10) Provision of capacity for strom drainage from the southeast quadrant of the T.H. 36- Hazelwood Avenue intersection to the outlet adjacent to the N.P. Railway Crossing to the west; and BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the State Highway Department and the Board of Ramsey County Commissioners. Seconded by Councilman Greavu. Ayes - all. 12. Load Restrictions - Remove. a. Manager Miller requested Council approval to remove the load limits restrictions from the Village roadways effective immediately. b. Councilman Greavu m Villaae roadways be Seconded by Councilman Haugan. load limit restri Ayes - all. Councilwoman Olson questioned if the removal of the bus on Harvester was permanent. The Twin City Lines had requested the removal of the bus and it had been approved as a permanent change. - 16 - 5 -7 NEW BUSINESS Drainage Problem(Private Property) Walter Weaver (2360 Bush Avenue) a. Mr. Weaver stated his neighbor had bull -dozed and graded his lot and is causing water run -off onto Mr. Weavers property. The Staff had informed Mr. Weaver that the Village cannot legally take action in this matter. The neighbor has not violated any Village ordinances. b. Council directed Mr. Weaver to discuss the situation with his neighbor since it was a private matter or perhaps since it was a civil matter, seek the advice of his attorney. 2. Building Code Variance Request - Valantine Knabe (1760 Desoto) a. Mr. Knabe requested a variance from the Village Building Code which provides a maximum floor area of 750 square feet for private garages. He wishes to construct a garage with a square footage of 1,152 square foot. b. Administrator Seida presented his report on the matter and recommended denial of the request. Mr. Seida further explained that Mr. Knabe is now operating a auto repair business known as Val's Body Shop at this location and perhaps the need for a over sized garage would be used, in part, for this business. c. Councilman Haugan moved to deny the request for the building code variance. Seconded by Councilman Greavu. Ayes - Councilwoman Olson, Councilmen Greavu, Haugan and Wiegert. Nay - Mayor Axdahl. 3. Building Plan Review a. A & W Canopy (Albert Brock) 1. Administrator Seida presented a request from Mr. Albert Brock of the A & W Root Beer Stand at 749 So. Century to construct a canopy to cover the stalls at his place of business. Mr. Seida recommended approval subject to several conditions. 2. Mr. Brock recently purchased the A & W Stand and is re- modeling it and cleaning up the property. He stated the building and facilities will be kept clean. - 17 - 5 -7 al A 3. Councilman Greavu moved approval of the request the caaiopy at the A & W Stand, 749 No. Century Staff conditions: a. Staff approval of all landscaping area lighting, and signing. b. Obtain Building Permit within 30 days or approval becomes void. c. All off street parking area shall be hard surface and striped properly subject to Staff approval. Seconded by Councilwoman Olson. Ayes - all. Kinney Shoe Store (Am -Cal Construction Corp.) S. E. Corner of County Road B. and White Bear Avenue. Administrator Seida presented a request from the Kinney Shoe Compnay to construct a retail store on the Southeast corner of County Road B and White Bear Avenue. The building plans have been reviewed and Mr. Seida recommends approval of the request subject to staff conditions. 2. Councilman Wiegert moved the approval of the build The Kinnev Shoe Como anv at the Southeast corner of ons: 1. Landscaping and outside area lighting plan subject to Staff approval prior to occupancy permit being issued. 2. Building Plan approval valid for 90 days from date of Council approval, failure to obtain permit and commence construction within time (90 days) Council action becomes null and void. 3. Move Building and Parking Lot 10' feet south and east. 4. Dedicate 7' R. O.W. of along north side of the tract to accommodate 80' Planned R.O.W. 5. Dedicate 10' R.O.W. of West side of site plan tract to accommodate turning movements and planned 80 ft. wide arterial (White Bear Avenue). Seconded by Councilwoman Olson. Ayes - all. Petition - Complete Street and Water Improvements (Van Dyke, Cope to County Road B) a. Engineering Administrator McMahon presented a petition signed by 52.5% of the property frontage requesting construction of complete street and water improvements on Van Dyke Street from County Road B north to Cope Avenue. The petition is in order and meets the necessary requirements and Mr. McMahon requested acceptance of the petition and calling for a feasibility report. - 18 - 5 -7 b. Councilman Greavu introduced the following resolution and moved its adoption: 70 -5 -58 WHEREAS, a certain petition has been received by the Village Council for the improvement of the following described area: Van Dyke Street from County Road B to Cope Avenue by construction of complete street improvements, water mains, service connections, appurtenances; and WHEREAS, the said petition has been declared to be signed by the required percentage of owners of property affected thereby; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition as hereinbefore described is hereby referred to the Village Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilman Wiegert. 5. Escrow Release - Tilsen's Maplewood Heights No. 3 and No. 4 Ayes - all. a. Engineering Administrator McMahon stated that the terms of the escrow agreements with Mr. Tilsen have been met as required. All improvements have been installed and accepted for maintenance by the Village. Mr. McMahon recommended that upon payment to the Village of the amounts shown due, the Council authorize release of the balance and therewith terminate said agreements. TILSEN'S MAPLEWOOD HEIGHTS NO.3 Original Escrow ( Streets ) ..............$28,918.00 Balance Due Village ....................$17,496.06 Balance to be released ................$11,421.94 TILSEN'S MAPLEWOOD HEIGHTS NO. 4 Original Escrow(Sewer & Water) ......... $47,009.00 Balance Due Village ....................$20,910.26 Balance to be released .................$26,098.74 Original Escrow ( Streets ) ..............$20,892.00 Balance Due Village* ..................$16,746.60 Balance to be released ................$ 4,145.40 ( *Previously paid - no balance due) - 19 - 5 -7 b. Councilman Haugan moved to approve the release of the escrow funds for the Tilsen Construction Company Mr. Robert Tilsen upon payment of the amounts due. Seconded by Councilman Wiegert. Ayes - all. 6. Property Divisions (5) a. Engineering Administrator McMahon presented five property divisions for Council approval. 1. Property Division No. 041509 Councilman Greavu introduced the following resolution and moved its adoption: 70 -5 -59 WHEREAS, pursuant to Resolution 60 -9 -95, 65 -9 -270 and 67 -9 -208 of the Village Council of Maplewood, adopted September 1, 1960, September 9, 1965 and September 6, 1967, the special assessments for the construction of Sanitary Sewer Improvement No. 2, Water Improvement No. 4 and Water Improvement No. 6 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list; said list made a part herein; NOW, THREFORE,BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer Improvement No. 2, Water Improvement No. 4 and Water Improvement No. 6 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the aztacied list; said list made a part herein. Seconded by Councilman Wiegert. 2. Property Division No. 041627 Ayes - all. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -5 -60 WHEREAS, pursuant to Resolutions 62 -8 -189 and 62 -8 -188 of the Village Council of Maplewood, adopted August 30, 1962, the special assessments for the construction of Sanitary Sewer Improvement No. 5, Project 4 and Carlton Street Improvement were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; - 20 - 5 -7 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNEOOTA, that the assessments for Sanitary Sewer Improvement No. 5, Project 4 and Carlton Street Improvement against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Seconded by Councilman Haugan. Ayes - all. 3. Property Division No. 041477 Councilman Greavu introduced the following resolution and moved its adoption: 70 -5 -61 WHEREAS, pursuant to Resolutions 59 -9 -76, 68 -9 -181, 69 -9 -159 and 69 -9 -160 of the Village Council of Maplewood adopted September 3, 1959, September 24, 1968, September 10, 1969, the special assessments for the construction of Sanitary Sewer Improvement No. 1, Water Improvement No. 7, Larpenteur Avenue Street Improvement and Storm Sewer were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer Improvement No. 1, Water Improvement No. 7, Larpenteur Avenue Street Improvement and Storm Sewer against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Seconded by Councilman Haugan. Property Division No. 041692 Ayes - all. Councilman Greavu introduced the following resolution and moved its adoption: 70 -5 -62 WHEREAS, pursuant to Resolution 60 -9 -95 of the Village Council of Maplewood, adopted September 1, 1960, the special assessments for the construction of Sanitary Sewer Improvement No. 2 were levied against the attached list of described properties; said list made a Dart herein; and - 21 - 5 -7 WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer Improvement No. 2 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Seconded by Councilman Wiegert. Ayes - all. 5. Property Division No. 041345 Councilman Greavu introduced the following resolution and moved its adoption: 70 -5 -63 WHEREAS, pursuant to Resolutions 59 -9 -76, 60 -9 -95 and 65 -3 -247 of the Village Council of Maplewood, adopted September 3, 1959, September li 1960 and August 25, 1965 for the construction of Sanitary Sewer Improvement No. 1, Sanitary Sewer Improvement No.2 and Sewer and Water Improvement No. 2 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer Improvement No. 1, Sanitary Sewer Improvement No. 2 and Sewer and Water Improvement No. 2 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Seconded by Councilman Wiegert. Mailing Machine - Lease Ayes - all. Manager Miller requested Council authority to lease a Model 5600 Pitney Bowes Mailing Machine on a five -year contract. The purchase of the machine would be $1,030.00. The purchase price is not included in the 1970 budget and the leasing method provides a more flexible operation in the type of machine used. Our present machine, which is leased, cannot accommodate our sewer billing methods. Councilman Greavu moved approval of leasing the mailing machine on a five -year contract agreement. Seconded by Councilman Haugan. Ayes - all. - 22 - 5 -7 8. Park and Recreation Commission - Terms a. Manager Miller explained that Ordinance No. 260 provides for initial terms to the Park and Recreation Commission of one year (three members) two years (three members) and three years (three members) and requests that set the terms. b. Councilwoman Olson moved to assi and Recreation Commission member Charles J. Brix, 3 years Charles A. Brown, 3 years Emil E. Shimota, 3 years John Boland, 2 years Marvin Mahre, 2 years Stanley Sandquist, 2 years Joseph L. Fox, 1 year Greg Hogan, 1 year Clarence Zuercher, 1 year Seconded by Councilman Wiegert. 9. Investment of Idle Funds for the Park v as follows Ayes - all. a. Manager Miller presented a request from the Gladstone Fire Department for Council authority to invest up to $20,000, idle funds of their Firemen's Relief Association. b. Councilman Wiegert moved approval of the request of the Gla Fire Department to invest not more than the limit of $20,00 idle funds of their Firemen's Relief Associatinn. Seconded by Councilman Greavu. Ayes - all. 10. Resolution - Radio System a. Engineering Administrator McMahon requested a Council resolution to forward to the City Housing Authority who is allowing the Village to place our repeater station on top of the High Rise Building at 1743 E. Iowa. The Village will carry the necessary insurance to cover such an operation. b. Councilman Haugan introduced the followinq resolution and moved its adoption: 70 -5 -64 WHEREAS, the Village of Maplewood wishes to install a UHF Two -Way Mobile Radio Relay Station on the Hi -Rise Building located at 1743 E. Iowa Avenue and owned by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota. - 23 - 5 -7 BE IT RESOLVED THAT THE VILLAGE OF MAPLEWOOD does hold said authority harmless from and will accept all responsibility for and will pay for any and all damages or claims resulting from the installation, operation, and maintenance of the Village - owned equipment. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE VILLAGE OF MAPLEWOOD, will, if so required by the authority, secure any and all insurance coverages necessary to implement the aforementioned provisions. Seconded by Councilman Greavu. Ayes - all. J. COUNCIL PRESENTATIONS 1. Mayor Axdahl a. The Village will be holding Zone Change hearings next week. Is the Council going to adopt procedures regarding hearings? Use the Rules of Procedures for zone change hearings that the Planning Commission adopted and see if they would work. b. The County Engineer presented a report on Battle Creek. What was in the report and how is the Village involved. The Staff has not seen the report but will try to obtain a copy and inform Council. c. The Mayor wished to take this opportunity to wish Tom McMahon well in his new position. 2. Council a. Councilman Wiegert stated the City of St. Paul has proposed a water tax to benefit playgrounds. The Village would be included in the tax but our playgrounds would not receive any funds. The Village supports their own playgrounds and should be excluded from the proposed water tax. Councilman Wiegert introduced the following resolution and moved its adoption: 70 -5 -65 WHEREAS, it has been proposed that the City of St. Paul impose a special tax on water to support playground building; and WHEREAS, water connections in the Village of Maplewood are already billed at a higher rate than in St. Paul; and WHEREAS, the Village of Maplewood finances its playgrounds and buildings from the property tax which presently is at a higher rate than in St. Paul; and - 24 - 5 -7 WHEREAS, the Village of Maplewood is not yet adequately served by playgrounds and there are no adequate buildings on any of them; and WHEREAS, it does not seem proper to assess Maplewood Citizens to help support amenities in another municipality which are not provided locally; NOW, THEREFORE, BE IT RESOLVED, that the Council of the Village of Maplewood request that a tax on water not be imposed on water connections in the Village of Maplewood. Seconded by Councilman Greavu. Ayes - all. b. Councilman Wiegert would like to have the Staff recommend uses of the Sanitary Sewer suplus fund. Staff will prepare a report. c. Councilman Wiegert wondered if we could use an Architecture Review Board. Perhaps some thought should be given to the idea. K. ADMINISTRATIVE PRESENTATIONS 1. Manager Manager Miller reported that the County had lifted the No Parking restrictions on McKnight Road until October 1st. L. ADJOURNMENT 12:15 A.M. C' Clerk - 25 - 5 -7 ACCOUNTS PAYABLE PART I FEES - SERVICES - EXPENSES MAY 7, 1970 , ITEM NO, CHECK NO. CLAIMANT PURPOSE AMOUNT 1. 9653 Guldens Services $ 11.66 2. 9654 Maplewood Sewer and Water Repairs 554.61 3. 9655 Val J. Bjornson, Treas. PERA 4/10/70 remittance 1,801.49 4. 9656 Val J. Bjornson, Treas. PERA 4/10/70 remittance 1,408.82 5. 9657 City of St.Paul Balance due 1st qtr. (Sewer Rental) '66 thru 4th gtr.'68 310,057.06 6. 9658 James T.Horton School expenses 37.50 7. 9659 Gerald Meyer School expenses 37.50 8. 9660 Dale Razskazoff School expenses 37.50 9. 9661 City and County Credit Union 4/24/70 remittance 702.50 10. 9662 Richard Rossback Services 41.25 11;. 9663 Sinclair Oil Corp. Gasoline 721.21 12. 9664 League of Minn. Municipalities Registration 140.00 13. 9665 Brady Margulis Supplies 100.39 14. 9666 Void 15. 9667 Donald Colbert Refund 12.50 16. 9668 TwinCity Filter-'.Service Servi.�.es 16.15 17. 9669 Minn. Hospital Service May remittance 1,981.58 18. 9670 Val J. Bjornson, Treas. PERA 4/24/70 remittance 1,380.44 19. 9671 Val J. Bjornson, Treas. PERA 4/24/70 remittance 1,697.26 20. 9672 St.Paul Police Pistol Club Supplies 62.50 21. 9673 Tri- County Law Enforcement Assn. Membership dues 10.00 22. 9674 Internat'l Bus. Machines Maintenance 79.80 23. 9675 Internat'1 Bus. Machines Maintenance contract 42.00 24. 9676 Capitol Electronics Inc. Maintenance 13.50 25. 9677 Don's Body Shop Repairs 286.50 26. 9678 Motorola C & E Receiver 108.90 27. 9679 Minn. Civil Serv. Dept. Services 59.00 28. 9680 Void 29. 9681 Bear's Auto Clinic Repairs 10.50 30. 9682 Superamerica Maintenance 42.72 31. 9683 Goodyear Service Stores Maintenance 21.36 32. 9684 Gopher Shooter's Supply Supplies 192.30 33. 9685 Barnett Chrysler Plymouth Repairs 60.11 34. 9686 Motcrola C & E Maintenance 103.50 35. 9687 Northwestern Bell Telephone 777 8131S1 45.00 36. 9688 Motorola C & E Maintenance 4.65 37. 9689 Associates Capital Service Maintenance 7.52 38. 9690 V H Blackinton and Co. Supplies 181.00 39. 9691 Lee's Citgo'Service Repairs 72.25 40. 9692 Kennedy's Industrial Scales Equipment rental 100.00 41. 9693 Scientific Internat'l Lube 99.45 42. 9694 Hall Equipment Repairs 345.31 43. 9695 Blake, Inc. Eopment rental 56.00 5/7/70 ITEM NO. CHECK NO. CLAIMANT PURPOSE AMOUNT 44. 9696 Capitol Electronics Inc. Repairs $ 44.10 45. 9697 Lee's Auto Supply Repairs 13.93 46. 9698 Ramsey Co.Treas. Lighting and Mt. 469.81 47. 9699 Midwest Bolt & Supply Supplies 1 32.90 48. 9700 Borchert - Ingersoll Inc. Repairs 123.82 49. 9701 Void 50. 9702 Don Marrone Ford Inc. Trucks 15,444.98 51. 9703 Itasca Equipment Co. Equipment 1,620.00 52. 9704 J. L. Shiely Co. Materials 122.72 53. 9705 3M Company Supplies 16.50 54. 9706 Farwell Ozman Kirk Tools 14.58 55. 9707 Genie Sales and Serv. Supplies 8.85 56. 9708 A.C. Schadt School Expense 12.60 57. 9709 Richard Moore April retainer 33.00 58. 9710 B & E Patrol April services 494.00 59. 9711 Team Electronics Supplies 3.23 60. 9712 Motorola C & E Maintenance 55.00 61. 9713 Advance Stamp Works Supplies 20.95 62. 9714 Twentieth Century Printing Supplies 17.25 63. 9715 Copy Equipment Co. Supplies 38.52 64. 9716 Laurel Office Aids Supplies 16.25 65. 9717 Midway Ford Truck 25,901.86 66. 9718 McGee and Truck Utilities Truck 3,225.40 67. 9719 Farwell Ozmun and Kirk Repairs 185.22 68. 9720 Maplewood Sewer and Water Services 178.00 69. 9721 Emergency Vehicle Repairs 49.28 70. 9722 Delta Chemical Corp. Maintenance 70.00 71. 9723 Flexible Pipe Tool Co. Repairs 121.24 72. 9724 Capitol Electronics Inc. Repairs 57.50 73. 9725 Uniforms Unlimited Safety supplies 30.00 74. 9726 Home Gas Co. Repairs 7.50 75. 9727 Batzli Electric Materials 158.47 76. 9728 Bd. of Wtr. Comrs. Utilities 14.04 77. 9729 Gopher Athletic Supply Co. Supplies 408.71 78. 9730 Donna Amiot Services 37.50 79. 9731 Robin Cedarleaf Services 7.50 80. 9732 Cindy Rott Services 15.00 81. 9733 Stan's Marine Parts 4.50 82. 9734 Main Line Trophies Inc. Supplies 43.60 83. 9735 American Society of Planning Publications 35:70 84. 9736 Advance Stamp Works Inc. Supplies 8.68 85. 9737 Xerox Corp. May services 350.00 86. 9738 Intern'l Bus. Machines Maint. agreement 1.47.25 87. 9739 R. L. Polk & Co. Directories 100.00 88. 9740 Northwestern Bell 777 8131 611.10 89. 9741 Northwestern Bell 777 9850P 37.70 90. 9742 Barnell Chrysler Plymouth Repairs 10.60 5/7/70 "t'1EM NO. CHECK NO. CLAIMANT 91. 9743 Northwes 92. 9744 St, of 93. 9745 Eugene R 94. 9746 James C. 95. 9747 Municipa 96. 9748 Municipa 97. 9749 Bd. of W 98. 9750 American 99. 9751 American .)0. 9752 American 101. 9753 American t Leasing Co. Minn. Document Section . Murray Baht 1 Court of Maplewood 1 Court of Maplewood tr. Comrs. National Bank National Bank National Bank National Bank 102. 9754 American National Bank 103. 9755 American National Bank j.04. 9756 J. G. Chisholm :105. 9757 Lais, Jacob6wski & Bannigan 106. 9758 Oscar F. Londin '107. 9759 Bur. of Business Practice CHECK NO. 9653 through CHECK NO. 9759 CHECK NO. 4�-8 through CHECK NO. 492 PURPOSE AMOUNT May Contract $ 80.62 Publications 110.00 April retainer 650.00 April inspections 249.00 April expenses 1,658.23 Jury trial exp. 54.00 Eng. fees 1,171.34 GO Bonds dtd 12/'67 9,030.02 Int. Impr. Bonds Dtd 12/1/66 14,300.66 Int. Impr. Bonds Dtd 12/1/64 1,228.06 Int. Impr. Bonds Dtd 12/1/65 13,601.42 Int. Impx Bonds Dtd 12/1/64 14,110.19 Int. and Princ. Bds. dtd 6/1/61 18,928.50 April inspections 791.92 April fees 2,868.10 April inspections 772.50 Membership fees 19.17 TOTAL PART I $429,786.36 TOTAL PART II 15,945.20 SUM TOTAL $445,731.56 5/7/70 PART II PAYROLL ITEM N0, CHECK NO. CLAIMANT AMOUNT 1. 428: :. Lester G. Axdahl $ 163.91 2. 429 John C. Greavu 135.08 3. 430 Harald L. Haugan 127.88 4. 431 Patricia L. Olson 127.88 5. 432 Donald J. Wiegert 127.88 6. 433 Clifford J. Mottaz 198.37. 7. 434 Michael G. Miller 455.43 8. 435 Lucille E. Aurelius 246.67, 9. 436 Barbara J. Feyereisn 140.17 10. 437 Phyllis C. Green 135.98 11. 438. Arline J. Hagen 211.42 12. 439 Lydia A. Smail 132.03 13. 440 Charles E. Anderson 296.92 14. 441 David L. Arnold 287.68 15. 442 John H. Atchison 266.01 16. 443 Anthony G. Cahanes 331.24 17. 444 Dale K. Clauson 262.35 18. 445 Kenneth V. Collins 279.76• 19. 446 Dennis S. Cusick 315.73. 20. 447 Dennis J. Delmont 230.76 21. 448 Robin A. DeRocker 304.79 22. 449 Richrd C. Dreger 272.49 23. 450 Patricia -Y, Ferrazzo 208.46 24. 451 Norman L. Green 321.24 25. 452 Thomas '.L. Hagen 390.24 26. 453 James T.Horton 245.78' 27. 454 Void:'- , . 28. 455 Roger W. Lee 282.55 29. 456 John J. McNulty 274.00 30. 457 Gerald W. Meyer 247.55 31. 458 Robert D. Nelson 284.30 32. 459 Gerald E. Neuspickle 180.50 33. 460 Dale E. Razskazoff 250.41. 34. 461 Richard W. Schaller 406.65 35. 462 Duane J. Williams 267.30 36. 463 Joseph A. Zappa 335.87 37. 464 Sandra J. Mosner 103.81 38. 465 Marcella M. Mottaz 152.62 39. 466 Alfred C. Schadt 326.94 40. 467 Frank J. Sailer 122.89 41. 468 Raymond J. Hite, Jr. 385.79 42. 469 Robert D. Jackson 291.39 43. 470 Calvin L. Jansen 324.27 44. 471 Vivian R. Lewis 187.35 45. 472 Thomas J. McMahon 408.05 46. 473 Gary L. Wheaton 271.84 5/7/70 ITEM NO. CHECK NO. CLAIMANT AMOUNT 47. 474 Bernard A. Kaeder $ 272.86 48. 475 Raymond J. Kaeder 256.04 49. 476 Henry F. Klausing 227.40 50. 477 Joseph W. Parnell 244.40 51. 478 Virgel H. Peper 262.12 52. 479 Arnold H. Pfarr 253.12 53. 480 Joseph B. Prettner 334.00 54. 481 Edward A. Reinert 226.41 .55. 482 Myles R. Burke 208.42. 56. 483 Herbert R.Pirrung 305.42 57. 484 Stanley E. Weeks 243.62 58. 485 Anthony T. Barilla 363.37 59. 486 Richard J. Bartholomew 273.91. 60. 487 LaVerne S. Nuteson 213.05 61. 488 Gerald C. Owen 244.80. 62. 489 Rubye M. Mullett 162.07 63. 490 Eric J. Blank 70.32 64. 491 Bailey A. Seida 341.03 65. 492 Donald V. Kortus 122.61 Check No. 428 through Check No. 492 TOTAL PART II $15,945.20 5/7/70