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HomeMy WebLinkAbout09-14-92 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 14, 1992 Council Chambers, Municipal Building Meeting No. 92-17 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 Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juke r, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1.Minutes of Meeting 92-16, August 24, 1992 Councilmember Zappa moved to approve the minutes of Meeting No. 92-16 (August 24, 1992) as corrected: C: Councilmember Zappa was at the meeting at 7:00. Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Councilmember Zappa moved to approve the Agenda as amended: L-1.1740 Van Dyke - Builder's Square L-2.Portable Signs L-3.Rea1 Estate Signs/Parade of Homes L-4.Residence at 1600 E. County Road C L-S.Local Partnership Act of 1992 L-6.Music in Rental Halls L-7.Council Initiated Rezoning - Prosperity North of MnDOT J-4.Service for Al Jirovec Seconded by Councilmember Rossbach Ayes - all Mayor Bastian moved to waive the Rules of Procedure and limit discussion of Item G- 11 to one hour and continue the hearing to September 28, 1992 from 6:00 to 7:00 P.M. Seconded by Councilmember Rossbach Ayes - all EA. PRESENTATIONS 1 9-14-92 F. CONSENT AGENDA Councilmember Zappa moved, seconded by Councilmember Rossbach; ayes - all, to approve the Consent Apenda items 1, 2, 4, and 5 as recommended. (Item 3 to be moved to become ]-5). 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 653,860.31 Checks #23467 - #23552 Dated 8-13-92 thru 8-31-92 $ 444,151.86 Checks #18255 - #18424 Dated 9-14-92 $1,098,012.17Tota1 per attached voucher/check register PAYROLL: $ 201,952.27Payroll Checks #28182 thru #28351 Dated 8-28-92 $ 41,728.59 Payroll Deduction Checks #28356 thru #28371 dated 8-28-92 $ 243,680.86 Total Payroll $1,341,693.03 GRAND TOTAL 2.Suburban Area Chamber of Commerce Resolution of Support 92 - 09 - 110 RESOLUTION OF SUPPORT WHEREAS, the Suburban Area chamber of Commerce has served our area for over fifteen years; and WHEREAS, the Suburban Area Chamber of Commerce is the only business and professional organization in our area studying business and legislative issues from the single suburban perspective; and WHEREAS, the Suburban Area Chamber of Commerce provides a forum for the exchange of ideas and dialogue among our city leaders, businesses, schools and surrounding communities; and WHEREAS, the Suburban Area Chamber of Commerce is a positive voice for our City and the surrounding suburban area. NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Gary Bastian, on behalf of the City Council of the City of Maplewood, declare our support for the Suburban Area Chamber of Commerce as an independent voice for business in our community. 3.Change of Manger: Olive Garden Moved to ]-5 2 9-14-92 4.Conditional Use Permit Review: 1285 Cope Avenue (Englewood Shops) Approved renewal of the Conditional Use Permit at 1285 Cope Avenue, to be reviewed again in five years. S.Final Payment: Footprint Lake - Project 87-32 92 - 09 - 111 ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that Footprint Lake Storm Sewer, City Project 87-32, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that city Project 87-32 is complete and maintenance of these improvements is accepted by the City. Release of any retainage in the amount of $92,245.87 less $40,000.00 as agreed liquidated damages for late completion, is hereby authorized. G. PUBLIC HEARINGS 1.7:00 P.M., Proposed Community Center Project a.Mayor Bastian convened the meeting for a public hearing regarding the proposed Community Center Project. b.Assistant City Manager Maglich presented the staff report. c.City Attorney Kelly explained the procedure for public hearings. d.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Emil Sturzenegger, 2481 Londin Lane (Conemara) - (No) Ralph Gear, 2505 Minnehaha (No) Tobin, 1930 Kingston (No) Pokorny, 2314 Nebraska (Had Questions) Les Axdahl, 2209 Payne Avenue (No - also presented a letter) William A. Thompson, 1939 Flandrau (Had Questions) Steve Ganish, 2191 Stanich (In favor) Lee Jasinski, 2358 Linwood Ave. (Against) Sharon Krause, 2400 Linwood Ct. (Against) Steve Gunn, 1206 Lealand (In favor) Pat Svendsen, 1133 Ripley Ave. E (In favor) (ADA and Senior Citizen Committee) Shawn Jones, Heritage Center - 3rd year student at Hamline (In Favor) Marie Spielman, 1991 Stanich Ct. (In favor) Bob Casci, 2018 Dieter Street (Against) e.l Hour having passed, the Hearing was continued to September 28, 1992 from 6:00 to 7:00 P.M. Mayor Bastian called for a 5-minute recess. Mayor Bastian reconvened the meeting at 8:23 P.M. 3 9-14-92 2.7:30 P.M. (8:24 P.M.), Assessment Hearing - Holloway Ave., Project 87-14 a.Mayor Bastian convened the meeting for a public hearing regarding assessments for Project 87-14, Holloway Avenue. b.Assistant City Manager Maglich presented the staff report. c.City Attorney Kelly explained the procedures for the public hearing. d.Director of Public Works Haider presented the specifics of the report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. No one appeared. f.Mayor Bastian closed the public hearing. g.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 09 - 112 ADOPTION OF ASSESSMENT ROLL - PROJECT 87-14 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of Holloway Avenue, east from Beebe Road, north to Furness Street, as described in the files of the City Clerk as Project 87-14, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January 1993, and shall bear interest at the rate of 7.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions 4 9-14-92 relating to such properties make such assessment feasible. 4.To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. S.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Rossbach Ayes -all 3.7:40 P.M.(8:30 P.M.), Assessment Hearing - Roselawn Ave., Jackson-Rice, Project 87-01 a.Mayor Bastian convened the meeting for a public hearing regarding assessments for Project 87-01, Roselawn Avenue, Jackson to Rice. b.Assistant City Manager Maglich presented the staff report. c.City Attorney Kelley explained the procedures for the public hearing. d.Director of Public Works Haider presented the specifics of the report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Jerry Anderson, 1908 Rice Street (18-29-22-32-0021) f.Mayor Bastian closed the public hearing. g.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 09 - 113 ADOPTION OF ASSESSMENT ROLL - PROJECT 87-01 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of Roselawn Avenue, Jackson Street to Rice Street, as described in the files of the City Clerk as Project 87- 01, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby 5 9-14-92 found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January 1993, and shall bear interest at the rate of 7.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4.To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. S.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Juker Ayes - all 4.7:50 P.M. (8:38 P.M.), Assessment Hearing - TH61-County Road B Storm Sewer, Project 90-14 a.Mayor Bastian convened the meeting for a public hearing regarding assessments for TH61 - County Road B Storm Sewer, Project 90-14. b.Assistant City Manager Maglich presented the staff report. c.Director of Public Works Haider presented the specifics of the report. d.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Jody and Gregory McElroys, 1258 E. County Road B Joe Cychilski, owner of property at Lealand and Duluth John Westlund, 1237 Lealand 6 9-14-92 Kay Fehring (09-29-22-44-0076) e.Mayor Bastian closed the public hearing. f.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 09 - 114 ADOPTION OF ASSESSMENT ROLL - PROJECT 90-14 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of TH61 - County Road B Storm Sewer, as described in the files of the City Clerk as Project 90-14, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January 1993, and shall bear interest at the rate of 7.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4.To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. S.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the 7 9-14-92 property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Rossbach Ayes -all 5.8:00 P.M. (8:56 P.M.), Assessment Hearing - Beam Ave., West of TH61: Project 88-12 a.Mayor Bastian convened the meeting for a public hearing regarding assessments for Beam Avenue west of TH61, Project 88-12. b.Assistant City Manager Maglich presented the staff report. c. City Attorney Kelly previously explained the procedures for the public hearing. d.Director of Public Works Haider presented the specifics of the report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Mike Hawkes, 2957 Frank Street (04-29-22-13-0030) Louis Gilland, 2994 Carey Heights Drive Tom McGraw Resident (O'Brien) 2961 Edward Street Dave Sells f.Mayor Bastian closed the public hearing. g.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 09 - 115 ADOPTION OF ASSESSMENT ROLL - PROJECT 88-12 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of Beam Avenue, TH 61 to County Road D, as described in the files of the City Clerk as Project 88-12, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January 1993, and shall bear interest at the rate of 7.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent 8 9-14-92 installment when due shall be added interest for one year on all unpaid installments. 3.It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4.To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. S.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Juker Ayes -Councilmembers Carlson, Juke r, Rossbach, Zappa Nays -Mayor Bastian 6.8:30 P.M. (9:27 P.M.), Assessment Hearing - Larpenteur Ave., I-35E - Edgerton: Project 86-27 a.Mayor Bastian convened the meeting for a public hearing regarding assessments for Larpenteur Avenue, I-35E to Edgerton, Project 86-27. b.Assistant City Manager Maglich presented the staff report. c.City Attorney Kelly explained the procedures for the hearing. d.Director of Public Works Haider presented the specifics of the report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Stella Nelson, 1706 Edgemont (17-29-22-33-0024) f.Mayor Bastian closed the public hearing. g.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 09 - 116 ADOPTION OF ASSESSMENT ROLL - PROJECT 86-27 WHEREAS, pursuant to proper notice duly given as required by law, the City 9 9-14-92 Council has met and heard and passed on all objections to the proposed assessment for the construction of Larpenteur Avenue east from I-35E to Edgerton Street (CSAH 58), as described in the files of the City Clerk as Project 86-27, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January 1993, and shall bear interest at the rate of 7.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4.To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. S.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Rossbach Ayes -all 7. 9:00 P.M. (9:45 P.M.), Northwood Village: a.Mayor Bastian convened the meeting for a public hearing regarding the Northwood Village development. 10 9-14-92 b.Assistant City Manager Maglich presented the staff report. c.Director of Community Development Olson presented the specifics of the report. d.Commissioner Gerke presented the Planning Commission Report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Mario Cochiarella, the developer Bonnie Ziemet, 2241 Birmingham - also represented Jeff Williams, Barclay Street f.Mayor Bastian closed the public hearing. Land Use Plan g.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 09 - 117 LAND USE CHANGE PLAN WHEREAS, the Director of Community Development started a change to the City's land use plan from RM (residential medium-density) to RL (residential low-density). WHEREAS, this change applies to the property located between Birmingham Street and the railroad right-of-way between County Road B and Cope Avenue. WHEREAS, the history of this change is as follows: 1.The Planning Commission held a public hearing on August 17, 1992. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended to the City Council that the plan amendment be approved. 2.The City Council discussed the plan amendment on September 14, 1992. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change for the following reason: 1.The developer is proposing to develop this site for single dwellings. 2.The City has zoned the site R-1 (single-dwelling residential). 3.The surrounding properties have single dwellings. 11 9-14-92 4.This change would reduce the allowable density and traffic from this property. Seconded by Councilmember Rossbach Ayes -all Street and Alley Vacation h.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 09 - 118 VACATION RESOLUTION WHEREAS, Maplewood Development, Inc. applied for the vacation of the following-described street: The part of Lark Avenue which is between the northerly extensions of the east and west lines of Block 6 of Sabin Addition to Gladstone. WHEREAS, the history of this vacation is as follows: 1.A majority of the property owners abutting this street signed a petition for this vacation; 2.The Planning Commission discussed this vacation on August 22, 1992. They recommended that the City Council approve this vacation. 3.The City Council held a public hearing on September 14, 1992. City staff published a notice i n the Maplewood Review and sent notices to the abutting 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 from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 12 through 22, Block 3 and Lots 1 through 12, Block 6, Sabins Addition to Gladstone. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1. It is in the public interest. 2.The City does not need this right-of-way because the developer will be dedicating new street rights-of-way on the final plat. Seconded by Councilmember Rossbach Ayes -all i.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92- 09 - 119 12 9-14-92 VACATION RESOLUTION WHEREAS, Maplewood Development, Inc. applied for the vacation of the following-described street: The part of Laurie Road, which lies between the southerly extension of Lots 13- 22, Block 6 of Sabin Addition to Gladstone. WHEREAS, the history of this vacation is as follows: 1.A majority of the property owners abutting this street signed a petition for this vacation; 2.The Planning Commission discussed this vacation on August 22, 1992. They recommended that the City Council approve this vacation. 3.The City Council held a public hearing on September 14, 1992. City staff published a notice i n the Maplewood Review and sent notices to the abutting 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 from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 13-22, Block 6 and Lots 4-14, Block 11, Sabin Addition to Gladstone. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1. It is in the public interest. 2.The City does not need this right-of-way, because the developer will be dedicating a new street rights-of-way on the final plat. Seconded by Councilmember Rossbach Ayes -all j.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 09 - 120 VACATION RESOLUTION WHEREAS, Maplewood Development, Inc. applied for the vacation of the following-described street: The part of Sandhurst Avenue which is between the southerly extensions of the west line of Block 11 in the Sabin Addition to Gladstone and the east line of Lot 22 of Block 11 in Sabin Addition to Gladstone. WHEREAS, the history of this vacation is as follows: 13 9-14-92 1.A majority of the property owners abutting this street signed a petition for this vacation; 2.The Planning Commission discussed this vacation on August 22, 1992. They recommended that the City Council approve this vacation. 3.The City Council held a public hearing on September 14, 1992. City staff published a notice i n the Maplewood Review and sent notices to the abutting 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 from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 15-22, Block 11 and Lots 7-11, Block 14, Sabin Addition to Gladstone. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1. It is in the public interest. 2.The City does not need this right-of-way, because the developer will be dedicating new street rights-of-way on the final plat. This vacation is subject to retaining a permanent drainage and utility easement over, across and through the following-described property. To wit: That part of the vacated Sandhurst Avenue right-of-way lying westerly of and between, the southerly extension of the East line of Lot 17, Block 11, Sabin Addition to Gladstone and the County Road B right-of-way. Seconded by Councilmember Rossbach Ayes -all k.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 09 - 121 VACATION RESOLUTION WHEREAS, Maplewood Development, Inc. applied for the vacation of the following-described alley: The alley in Block 3, Sabin Addition to Gladstone, Ramsey County. WHEREAS, the history of this vacation is as follows: 1.A majority of the property owners abutting this alley signed a petition for this vacation; 2.The Planning Commission discussed this vacation on August 22, 1992. They recommended that the City Council approve this vacation. 3.The City Council held a public hearing on September 14, 1992. City staff 14 9-14-92 published a notice i n the Maplewood Review and sent notices to the abutting 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 from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 1-22, Block 3, Sabin Addition to Gladstone. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1. It is in the public interest. 2.The City has no plans to build an alley in this location. The developer will be dedicating new street rights-of-way on the final plat. This vacation is subject to the retention of a drainage and utility easement over the alley. Seconded by Councilmember Rossbach Ayes -all Preliminary Plat 1.Councilmember Zappa moved to approve the Northwood Village preliminary plan subiect to the following conditions: 1.The City Engineer approving final grading, utility, drainage, erosion control and street plans. The developer shall increase the size of the water main to eight inches on the utility plan. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control Handbook. 2.The developer shall sign an agreement with the City that guarantees that the developer will complete all public improvements and meet all City requirements. This agreement shall include the developer having NSP install up to three street lights at the discretion of the City Engineer. 3.The Director of Community Development approving a tree plan, based on the City's environmental protection ordinance. The Director must approve this plan before the developer does any site grading or the City approves the final plat. 4.Show drainage and utility easements along all property lines. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. S.Change the property lines on Lots 2, 3 and 4. This change shall be so the property lines are perpendicular to Laurie Road and radial to the Ide Street cul-de-sac. 15 9-14-92 6.Change the property line between Lots 20 and 21. This change shall be so the property line is radial to the cul-de-sac. 7.Change the name of Laurie Avenue to Laurie Road. 8.Remove the house and two garages on Lots 1 and 2. 9.Remove the house and garage on Lots 17 and 19. l0.Change the right-of-way at the transition point with the cul-de-sacs to meet City standards. 11.Show a 30' wide utility and drainage easement parallel to County Road B on Lot 7. Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers Carlson, Zappa Nays -Councilmembers ]uker, Rossbach H. AWARD OF BIDS 1.Parks Tree Plantings: Project 92-3P a.Assistant City Manager Maglich presented the staff report. b.Director of Parks & Recreation Odegard presented the specifics of the report. c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d.Councilmember Rossbach moved to award the bid for plantinps in the parks to Midland Nursery in the amount of $105,208.00, and authorized entering into a contract with Midland Nurseries. Funds for the plantinps have been approved previously by City Council action. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach Nays -Councilmembers ]uker, Zappa I. UNFINISHED BUSINESS 1.Assessment Objection - McKnight/Highwood: Project 90-10 a.Assistant City Manager Maglich presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d.Councilmember Zappa moved to adopt the staff recommendations regarding appeals to the assessments for Proiect 90-10 as follows: Dennis Davidson, 830 Dorland Road 13-28-22-22-0077 No Adjustment Carl and Patricia Maidment, 824 McKnight Road S. 13-28-22-22-0076 No Adjustment 16 9-14-92 Robert F. Nelson, Highwood Avenue 13-28-22-32-0016 No Adjustment Sharon Lamb, 980 McKnight Road S. 13-28-22-32-0012 No Adjustment to Amount Council granted variance allowing delay of hookup until 6-30-98 unless repair to individual disposal system is required before then. Robert and Kay Hoskins, 1020 McKnight Road S. 13-28-22-32-0013Reduce assessment by 1 sanitary sewer unit; 1 sanitary sewer service - New Amount: $4,550.00 (Previous Amount $8,050.00)Council granted variance allowing delay of hookup until 6-30-98 unless repair to individual disposal system is required before then. Richard N. Bolinger, 1070 McKnight Road S. 13-28-22-32-0020Reduce assessment by 1 sanitary sewer unit; 1 sanitary sewer service - New Amount: $4,550.00 (Previous Amount $8,050.00) Council granted variance allowing delay of hookup until 6-30-98 unless repair to individual disposal system is required before then. Brian M. Rembish, 1090 McKnight Road S. 13-28-22-33-0003 No Adjustment to Amount Council granted variance allowing delay of hookup until 6-30-98 unless repair to individual disposal system is required before then. ]oe and Delores Wendl, 1060 McKnight Road S. 13-28-22-32-0019No Adjustment to Amount Council granted variance allowing delay of hookup until 6-30-98 unless repair to individual disposal system is required before then. Thu-Van Tran, 939 Schaller Drive 13-28-22-23-0039No Adjustment Ralph and Paula Curella, 1100 McKnight Road S. 13-28-22-33-0004No Adjustment to Amount Council granted variance allowing delay of hookup until 6-30-98 unless repair to individual disposal system is required before then. Seconded by Councilmember ]uker Ayes -Councilmembers Carlson, ]uker, Rossbach, Zappa Nays -Mayor Bastian Councilmember ]uker moved to extend the meeting to 11:00 P.M. Seconded by Councilmember Zappa Ayes -all 17 9-14-92 2.Metro 2015 Report a.Assistant City Manager Maglich presented the staff report. b.Commissioner Gerke presented the Planning Commission report. c.Councilmember Zappa moved to send the letter, as presented, to the Metropolitan Council. Seconded by Councilmember Carlson Ayes -all 3.Kennel License: Reconsideration - 1994 Winthrop a.Assistant City Manager Maglich presented the staff report. b.Councilmember Zappa moved to deny the application for the kennel license. Seconded by Councilmember Rossbach Ayes -Councilmember Zappa Nays -Mayor Bastian, Councilmembers Carlson, Juker, Rossbach c.Mayor Bastian moved to approve the kennel license for 2994 Winthrop subiect to staff recommendations. Seconded by Councilmember Juker Ayes -Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays -Councilmember Zappa 4.I-494 Interchange: Reconsideration a.Assistant City Manager Maglich presented the staff report. b.Councilmember Carlson reported on the meeting he attended with the Woodbury officials. c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: James English, 2578 Linwood Lee Jasinski, 2358 Linwood Avenue Bob Hoskins, 1020 So. McKnight Mary Martin, 2334 Carver Rod Miller, 2370 Linwood Court Pat Kittrich, 2399 Linwood Court Resident (Kirsch), 2380 Linwood Court Jim Eily, 2410 Linwood Court Shirley Knause, 2100 Linwood Court d.Councilmember Zappa moved to approve Woodbury's new Alternative A for the I- 494 Interchange. Motion failed for lack of a second. e.Mayor Bastian moved to table this item until litigation is completed. 18 9-14-92 Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, ]uker, Rossbach Nays -Councilmember Zappa Councilmember Zappa moved to reconsider the motion to extend the meeting. Seconded by Councilmember Rossbach Ayes -all S.Building Plan Review Procedure Ordinance (1st Reading) a.Assistant City Manager Maglich presented the staff report. b.Mayor Bastian moved to table this item to the September 28 meeting. Seconded by Councilmember Carlson Ayes -all NEW BUSINESS l.Single and Double Dwelling Setback Ordinance (1st Reading) a.Assistant City Manager Maglich presented the staff report. b.Mayor Bastian moved to table this item until the September 28 meeting. Seconded by Councilmember ]uker Ayes -all 2.Fu11-Time Police Officer a.Assistant City Manager Maglich presented the staff report. b.Councilmember Zappa moved to table this item until the September 28 meeting. Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays -Councilmember ]uker 3.Part-Time Dispatcher a.Assistant City Manager Maglich presented the staff report. b.Councilmember ]uker moved to fill the part-time dispatcher position. Seconded by Councilmember Rossbach Ayes -all 4.Service for Al ]irovec, 2480 Linwood a.Assistant City Manager Maglich presented the staff report. b.Mr. ]irovec requested the Council to extend the project to provide service to his home. c.Councilmember Zappa moved to approve extension of service to Mr. ]irovec's 19 9-14-92 property. Seconded by Councilmember Carlson Ayes -all S.Change of Manager, Olive Garden a.Assistant City Manager Maglich presented the staff report. b.Councilmember Zappa moved to approve the license for Terry O'Neil as Manaper for the Olive Garden. Seconded by Councilmember Rossbach Ayes -all K. VISITOR PRESENTATIONS 1.George Supan a.Mr. Supan requested the Council to stop the large trucks traveling on Hazelwood Street. b.Council directed staff to check on this matter and why trucks are using Hazelwood Street, including restriction of permits. L. COUNCIL PRESENTATIONS M. ADMINISTRATIVE PRESENTATIONS N. ADJOURNMENT OF MEETING 11:55 P.M. Lucille E. Aurelius City Clerk 20 9-14-92