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HomeMy WebLinkAbout02-24-1997 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 24, 1997 Council Chambers, Municipal Building Meeting No. 97-04 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Acting Mayor Koppen. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Absent Marvin C. Koppen, Acting Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Council/Manager Workshop of February 3, 1997 Councilmember Rossbach moved to approve the minutes of Council/Manager Workshop of February 3, 1997 as presented. Seconded by Councilmember Allenspach Ayes -Acting Mayor Koppen, Councilmembers Allenspach, Rossbach Nays -None Abstain - Councilmember Carlson 2. Minutes of Meeting 97-03, (February 10, 1997) Councilmember Carlson moved to approve the minutes of Meeting No. 97-03 (February 10, 19971 as presented. Seconded by Councilmember Rossbach Ayes -all E. APPROVAL OF AGENDA: Councilmember Allenspach moved to approve the Agenda as amended: Ll Maplewood 40th Anniversary Report J3 Moved to follow Administrative Presentations Seconded by Councilmember Rossbach Ayes -all EA. APPOINTMENTS/PRESENTATIONS NONE F. CONSENT AGENDA: Councilmember Carlson moved, seconded by Councilmember Allenspach; ayes -all, to approve the Consent Agenda, Items F-1 through F-4, as recommended. 1 2-24-97 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 55,643.75 Checks #6972-#6977 Dated 2-4-97 thru 2-5-97 $ 100,229.87 Checks #30139-#30278 Dated 2-11-97 $ 263,138.17 Checks #6978-#6985 Dated 2-7-97 thru 2-11-97 $ 78,831.15 Checks #30281-#30391 Dated 2-18-97 $ 497,842.94 Total Accounts Payable PAYROLL: $ 306,067.73 Payroll Checks and Direct Deposits Dated 2-7-97 $ 66,254.07 Payroll Deduction Checks Dated 2-7-97 $ 372,321.80 Total Payroll ~ 870,164.74 GRAND TOTAL 2. Amber Hills Fifth Addition Final Plat Approved the Amber Hills Fifth Addition Final plat, subject to the developer recording 1) the deed restrictions about the pipeline setback and the wetland buffer easements, and 2) a deed transferring Outlot A to the City along with the Final plat. 3. Maplewood Mall Donation to Police Reserves Accepted with thanks a donation of $500 from Maplewood Mall to the Maplewood Police Reserve Program and authorized use of the funds to purchase a new emergency light bar for one of the Reserve's squad cars. 4. Metropolitan Council Grant Agreement Approved an agreement with the Metropolitan Council for a matching funds grant to be used for investigating inflow and inFdtration to the sanitary sewer system. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:05 P.M.): Highway 61 Auto Service Center a. Acting Mayor Koppen convened the meeting for a public hearing regarding a proposal by LaMettry's Body Shops and Maplewood Toyota to develop 11.23 acres of land with two automobile-repair buildings between Beam Avenue and Gulden's Roadhouse on the west side of Highway 61. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report d. Boardmember Marv Erickson presented the Community Design Review Board report e. City Attorney Kelly explained the procedure for public hearings. f. Acting Mayor Koppen opened the public hearing, calling for proponents or opponents. The following persons were heard: Richard LaMettry, Owner of LaMettry's Body Shop, 9490 Foxford Road, Chanhassen Steve McDaniels, Maplewood Toyota, 2873 Highway 61 North Mike Gengler, 6291 Jasmine Avenue N., Grant Township, Owner of Guldens John Jeskowski, 2971 Walter Strcet Brad Benson, 2898 Duluth Street 2 2-24-97 Bruce Mogren, 10116 67th Lane North, Grant Township Jeff Florczak,1223 Duluth Court Steve McDaniels, Maplewood Toyota, 2873 Highway 61 North (Second Appearance) Richard LaMettry, Owner of LaMettry's Body Shop, 9490 Foxford Road, Chanhassen (Second Appearance) Marv Erickson, Community Design Review Board Glen Yakel, 2949 Frank Strcet North Marilyn Vars, 1140 Beam Avenue East g. Acting Mayor Koppen closed the public hearing. Setback Variance h. Councihnember Carlson introduced the following Resolution and moved its adoption• 96-02-12 SETBACK ZONING VARIANCE WHEREAS, the Director of Community Developmentinitiated avariance from the zoning ordinance. WHEREAS, this variance applies to property on the west side of Highway 61 between Beam Avenue and Gulden's Roadhouse. The legal description will be: That part of the East 723.4 feet of the North 220 feet of the South 473 feet of the Southeast Quarter of the Northeast Quarter of Section 4, Township 29 N, Range 22 W, of the 4th PM lying westerly of the westerly right-of--way line of State Highway No 61; Except the West 115 feet of the South 350 fcet of said Southeast Quarter of the Northeast Quarter. WHEREAS, Section 36-151(b)(9)c of the zoning code requires a 350-foot setback between a maintenance garage and a residential property line. WHEREAS, the applicant is proposing a 270-foot setback between a maintenance garage on proposed Lot One and the residential property line for the property at 1241 Beam Avenue. WHEREAS, this requires a variance of 80 feet. WHEREAS, the history of this variance is as follows: 1. On February 3, 1997, the Planning Commission recommended that the Council approve this variance. 2. The City Council held a public hearing on February 24, 1997. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission . NOW, THEREFORE, BE IT RESOLVED thattheCity Council approve the above- described variance for the following reasons: 1. The variance would be in keeping with the spirit and intent of the ordinance. The proposed owner of the automobile service building is the owner of the adjacent residential property at 1241 Beam Avenue. The proposed variance would not be excessive and would still protect the residential property, which is the intent of the ordinance. 2. The applicant has shown that strict enforcement would cause undue hardship because of circumstances unique to the property and not created by the property owner. Undue hardship means the owner or developer cannot put the property to a reasonable use if the City denies the variance. 3 2-24-97 The 350-foot-setback requirement makes development of this site difficult. The zoning ordinance created the difficulty and the proposed variance is not excessive. Approval is subject to the applicant or owner following the site plan date-stamped February 12,1997, subject to any changes required by City staff or the community design review board (CDRB). Seconded by Councihnember Allenspach Ayes - Acting Mayor Koppen, Councihnembers Allenspach, Carlson Nays - Councilmember Rossbach Conditional Use Permit (Lot One) i. Councilmember Carlson introduced the following Resolution and moved its adoption• 96-02-13 CONDITIONAL USE PERMIT -AUTOMOBILE REPAIR FACILITY AND CAR WASH WHEREAS, Rick LaMettry applied for a conditional use permit to construct a automobile repair facility and car wash for Maplewood Toyota. WHEREAS, this permit applies to the property to be legally described as: That part of the East 723.4 feet of the North 220 feet of the South 473 feet of the Southeast Quarter of the Northeast Quarter of Section 4, Township 29 N, Range 22 W, of the 4th PM lying westerly of the westerly right-of--way line of State Highway No 61; Except the West 115 feet of the South 350 fcet of said Southeast Quarter of the Northeast Quarter. WHEREAS, the history of this conditional use permit is as follows: 1. On February 3, 1997 the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on February 24, 1997. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED thattheCity Council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical 4 2-24-97 interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including strcets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. The property owner shall record cross easements before obtaining a building permit. These cross easements shall be between the owners of Lot Two and Lot Three and provide emergency aceess from Lot 3 to Gulden's Roadhouse parking lot. 5. There shall be no refuse or vehicle parts of any kind (new or old) stored outside unless in a scrcening enclosure. Plans for screening enclosures shall be submitted to staff for approval of placement and design. 6. There shall not be any outside storage allowed of any new materials without City Council approval, except the parking of new vehicles. 7. The deed must be recorded creating this lot before the conditional use permit resolution can be recorded and considered valid. 8. Hours of business shall be restricted to Monday through Thursday, 7:00 A.M. to 8:30 P.M., Friday 7:00 A.M. to 6:00 P.M., Saturday 9:00 A.M. to 5:00 P.M., and no hours on Sunday. Seconded by Councihnember Allenspach Ayes - Acting Mayor Koppen, Councihnembers Allenspach, Carlson Nays - Councilmember Rossbach Conditional Use Permit (Lot Two) j. Councilmember Carlson moved/introduced the following Resolution and moved its adoption• 96-02-14 CONDITIONAL USE PERMIT -AUTOMOBILE REPAIR FACILITY ON M-1 ZONED PROPERTY WHEREAS, Rick LaMettry applied for a conditional use permit to construct an automobile repair facility on property zoned M-1 (light manufacturing). 5 2-24-97 WHEREAS, this permit applies to property to be legally described as: That part of the East 723.4 feet of the North 225 feet of the South 698 feet of the Southeast Quarter of the Northeast Quarter of Section 4, Township 29 N, Range 22 W of the 4th PM lying westerly of the westerly right-of--way of State Highway No. 61. WHEREAS, the history of this conditional use permit is as follows: 1. On February 3, 1997, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on February 24, 1997. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission . NOW, THEREFORE, BE IT RESOLVED thattheCity Council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including strcets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 6 2-24-97 4. The property owner shall record cross easements before obtaining a building permit. These cross easements shall be between the owners of Lot Two and Lot Three and provide emergency access from Lot 3 to Gulden's Roadhouse parking lot. 5. There shall be no refuse or vehicle parts of any kind (new or old) stored outside unless in a screening enclosure. Plans for screening enclosures shall be submitted to staff for approval of placement and design. 6. There shall not be any outside storage allowed of any new materials without City Council approval. 7. The deed must be recorded creating this lot before the conditional use permit resolution can be recorded and considered valid. 8. Hours of operation shall be restricted to Monday through Thursday, 7:00 A.M. to 8:30 P.M., Friday 7:00 A.M. to 6:00 P.M. Seconded by Councilmember Allenspach Ayes - Acting Mayor Koppen, Councilmembers Allenspach, Carlson Nays - Councilmember Rossbach Ponding Easement Vacation k. Councilmember Carlson introduced the following Resolution and moved its adoption• 96-02-15 PONDING EASEMENT VACATION -WEST OF HIGHWAY 61, NORTH OF BEAM AVENUE WHEREAS, Rick LaMettry applied for the vacation of the ponding easement lying west of Highway 61 and north of Beam Avenue, identified with the Document Number 2324227. WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this ponding easement signed a petition for this vacation; 2. On February 3, 1997, the Planning Commission recommended that the City Council approve this vacation. 3. On February 24, 1997, the City Council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission . WHEREAS, after the City approves this vacation, public interestin the property will go to the following abutting properties: 4-29-22-14-0011 owned by: Richard D. Slomkowski 1075 Pierce Butler Route St. Paul, MN 55104-1524 NOW, THEREFORE, BE IT RESOLVED thattheCity Council approve the above- described vacation because: 7 2-24-97 L It is in the public interest. 2. The applicant proposes to rededicate the holding pond in a more suitable configuration to fit into his proposed development. This vacation is subject to the applicant: 1. Submitting a drainage plan that meets the following City requirements a. thru d.: a. Runoff calculations to ensure that the proposed pond provides the required holding capacity of 8.67 acre feet with a 48 CFS (cubic feet per second) outflow. b. Connection of the site drainage to the existing 44-inch outlet pipe at Beam Avenue. c. Preventing any drainage from going onto the Highway 61 right- of-way, unless allowed by a permit from the Minnesota Department of Transportation. d. Compliance with all City drainage requirements, subject to the City engineer's approval. 2. Dedicating a new ponding easement before the City issues a building permit for this property and before the City files the vacation of the old easement for recording. Seconded by Councihnember Allenspach Ayes - Acting Mayor Koppen, Councihnembers Allenspach, Carlson Nays - Councilmember Rossbach Lot Division 1. Councilmember Carlson moved to a lot split creating Lots One through Three as shown on the site plan date-stamped February 12, 1997, subject to: 1. The property owners of each lot recording cross easements for traffic flow before obtaining a building permit. These cross easements shall be between the owners of Lots One, Two and Three and provide emergency access from Lot Three to Gulden's Roadhouse parking lot. 2. The deeds must be recorded creating these lots before the Conditional Use Permit Resolutions can be recorded and considered valid and before building permits will be issued. Seconded by Councihnember Allenspach Ayes - Acting Mayor Koppen, Councihnembers Allenspach, Carlson Nays - Councilmember Rossbach Design Approval m. Councilmember Carlson moved to approve the plans date-stamped December 13, 1996 and the site plan date-stamped February 12, 1997 for two automobile-repair facilities (Lots One and Two as shown on the plans). (These conditions of approval apply to both buildings, unless otherwise noted.) Approval is based on the £mdings required by the Code and subiect to the property owners doing the following: 1. Repeat this review in two years if the City has not issued a building permit for this project. 8 2-24-97 2. Complete the following before the City issues a building permit: a) Provide a grading, drainage, utility and erosion control plan to the City Engineer for approval. The erosion control plan shall comply with Ordinance requirements. The grading/drainage plan shall comply with all City drainage requirements and include the following: 1) Runoff calculations showing that the proposed pond would provide the required holding capacity of 8.67 acre feetwith a 48 CFS (cubic feet per second) outflow. 2) Connection to the existing 44-inch outlet pipe at Beam Avenue. 3) No drainage shall be shown onto the Highway 61 right- of-way, unless allowed by the Minnesota Department of Transportation (MnDOT). b) Provide a plan for the City engineer's approval that provides for a significant man-made facility for reducing storm water flow or the treatment of runoff for nonpoint source water pollutants to qualify for an impervious surface area bonus. c) Provide evidence that cross easements have been recorded for the cross flow of traffic between proposed Lots One, Two and Three and provide emergency access between Lot Three and Gulden's Roadhouse parking lot. d) Submit revised landscaping and screening plans for approval by the community design review board. These plans shall include the following items: 1) Show the screening on the west side of the parking lots and the Beam Avenue driveway (if the Council approves the driveway). The driveway screening shall follow the plan dated 2-3-97. All screening shall meet the code requirements for a visual screen that is at least six-feet-fall and 80% opaque upon installation. 2) Lists all proposed plant materials and their sizes. The plants shall include materials native to Minnesota. 3) Shows all trees thatwould be removed and preserved - specifically showing what is proposed for the evergreen trees on the site and on the highway right-of--way. 4) Shows what areas will be sodded or seeded. e) Submit alawn-irrigation plan to staff showing the location of sprinkler heads on all landscaped areas. (code requirement) f) Submit a revised site plan for staff approval showing the following: 1) Connecting the north/south drive along the highway frontage with the Gulden's Roadhouse parking lot. This connection shall be made whether Lot Three is developed or not. 2) A 15-foot setback for all parking lots and driveways from the highway right-of--way. 3) Handicap parking spaces and ramps in compliance with Americans with Disabilities Act (ADA) 9 2-24-97 requirements. This should include having two more handicap spaces in front of the proposed auto body shop on Lot Two. 4) Parking space dimensions that comply with City code. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Sceding of the Highway 61 boulevard is allowed if required by the Minnesota Department of Transportation. c. Complete all landscaping and screening. d. Install aright-turn lane on Highway 61, subject to the approval of the Minnesota Department of Transportation. e. Install reflectorized stop signs at all exits, ahandicap-parking sign for each handicap-parking space and addresses on the buildings. f. Paint all rooftop mechanical equipment to match the uppermost part of the buildings. Painting is required in lieu of visual scrcens around the rooftop equipment. g. Construct trash dumpster enclosures for any outside trash or old- parts storage. The design and placement of trash enclosures shall be subject to staff approval. h. Install and maintain an in-ground sprinkler system for all landscaped areas. i. Construction of the north/south driveway along the west side of the highway with the Gulden's Roadhouse parking lot. j. All parking lots and driveways shall have six-inch-tall concrete curb and gutter. k. If approved by the City Council, complete the driveway to Beam Avenue. 4. This approval does not include any part of Lot Three. The development of Lot Three is subject to the full submittal requirements and review process at the time a specific development is proposed. 5. If any required work is not done, the City may allow temporary occupancy if a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unFmished work. 6. The body shop must meet all Minnesota Pollution Control Agency requirements. 7. All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councilmember Allenspach Ayes - Acting Mayor Koppen, Councilmembers Allenspach, Carlson Nays - Councilmember Rossbach H. AWARD OF BIDS NONE 10 2-24-97 I. UNFINISHED BUSINESS 1. Fire Truck Repairs a. Manager McGuire introduced the staff report. b. Fire Chief Hewitt presented the specifics of the report. c. Councilmember Rossbach moved to approve additional funding for the aerial apparatus as recommended. Seconded by Councihnember Carlson Ayes - all 2. Zoning Ordinance Revision - 2nd Reading a. Manager McGuire introduced the staff report. b. Chief of Police Ryan presented the specifics of the report. c. Councilmember Allenspach introduced the following Ordinance for second reading and moved its adoption: ORDINANCE NO. 772 AMENDING SECTION 36 OF MAPLEWOOD CODE OF ORDINANCES THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, DOES HEREBY ORDAIN: Sec. 36-6. Definitions. [To this section are added the following definitions] Livestock. Horses, cattle, mules, asses, goats, sheep, swine, buffalo, rabbits, llamas, ostriches, reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture, husbandry, or the production of edible or salable by-products. This definition shall be expressly construed as having no application to the ownership or disposition of animals addressed by Chapter 7 of this Code of Ordinances. Poultry. Domesticated birds that serve as a source of eggs or meat and that include, among commercially important kinds; chickens, turkeys, ducks, gcese, peafowl, pigeons, pheasants and others. Section 36-66. Uses. (c) Prohibited uses. The following uses are prohibited. (1) The raising or handling of livestock, op ultry or animals causing a nuisance, except for licensed kennels. Seconded by Councihnember Rossbach Ayes - all 3. Drum & Bugle Corps Lawful Gambling License Request a. Councihnember Carlson moved to table this item until March 10, 1997. Seconded by Councihnember Rossbach Ayes - all 11 2-24-97 J. NEW BUSINESS 1. Tax Forfeited Properties a. Manager McGuire introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Councilmember Allenspach introduced the following Resolution and moved its adoption: 97-02-16 AUTHORIZING AN APPLICATION FOR CONVEYANCE OF TAX-FORFEITED PARCELS WHEREAS, the City of Maplewood has decided that the City needs the following-described tax-forfeited lands for drainage and ponding purposes: Saint Aubin and Dion's Rice Street Addition to the City of Saint Paul, Ramsey County, Minn., the west 1/2 of vacated alley accruing and fol subject to avenue, Lots 16 thru Lot 19, Block 14, (PIN 18-29-22-34- 0076) and Saint Aubin and Dion's Rice Street Addition to the City of Saint Paul, Ramsey County, Minn., the west 1/2 of vacated alley accruing and fol, Lot 20, Block 14, (PIN 18-29-22-34-0077) and Saint Aubin and Dion's Rice Street Addition to the City of Saint Paul, Ramsey County, Minn., the west 1/2 of vacated alley accruing and fol, Lot 21, Block 14, (PIN 18-29-22-34-0078) and Saint Aubin and Dion's Rice Street Addition to the City of Saint Paul, Ramsey County, Minn., the west 1/2 of vacated alley accruing and fol, Lot 22, Block 14, (PIN 18-29-22-34-0079). WHEREAS, the low area on these properties makes development of the site difficult. NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the Director of Community Development to apply for a use deed for said tax-forfeited land for drainage and ponding. Seconded by Councilmember Carlson Ayes - all f. Councilmember Allenspach introduced the following Resolution and moved its adoption• 97-02-17 AUTHORIZING AN APPLICATION FOR CONVEYANCE OF ATAX-FORFEITED PARCEL WHEREAS, the City of Maplewood has decided that the City needs the following-described tax-forfeited land for park and open space purposes: Lakeside Park, Ramsey County, Minn., Lots 1 and 2, Block 1(PIN 16- 29-22-42-0073) WHEREAS, Maplewood needs more park land in this part of this city. WHEREAS, the property does not have frontage on an improved public street. NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the 12 2-24-97 Director of Community Development to apply for a use deed for said tax-forfeited land for parks and open space. Seconded by Councihnember Carlson Ayes - all g. Councihnember Allenspach introduced the following Resolution and moved its adoption• 97-02-18 AUTHORIZING AN APPLICATION FOR CONVEYANCE OF ATAX-FORFEITED PARCEL WHEREAS, the City of Maplewood has decided that the City needs the following-described tax-forfeited land for drainage and ponding purposes: FarrelPs Addition, Lot 4, Block 2, Ramsey County, Minn., (PIN 36- 29-22-11-0010). WHEREAS, the wetland on this property makes development of the site difficult. NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the Director of Community Development to apply for a use deed for said tax-forfeited land for drainage and ponding. Seconded by Carlson Ayes - all 2. Park & Recreation Commission Annual Report a. Manager McGuire introduced the staff report. b. Councihnember Carlson moved to accept the Park & Recreation Commission Annual Report. Seconded by Councihnember Allenspach Ayes - all 3. Closed Session to Discuss Pending Litigation -City Attorney Kelly MOVED TO FOLLOW ADMINISTRATIVE PRESENTATIONS K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. Maplewood 40th Anniversary Report a. Council congratulated and thanked all participants who made the 40th Anniversary celebration a success. M. ADMINISTRATIVE PRESENTATIONS NONE L NEW BUSINESS -Continued 13 2-24-97 3. Closed Session to Discuss Pending Litigation -City Attorney Kelly a. Councilmember Allenspach moved that Council enter a closed session to discuss pending litigation. Seconded by Councilmember Carlson Ayes - Councilmember Carlson COUNCIL ENTERED CLOSED SESSION AT 8:40 P.M. b. Councilmember Carlson moved to adiourn the closed session. Seconded by Councilmember Allenspach Ayes - all c. Councilmember Rossbach moved to reconvene the regular session. COUNCIL RECONVENED REGULAR SESSION AT 8:48 P.M. N. ADJOURNMENT 8:49 P.M. Karen Guilfoile, City Clerk 14 2-24-97