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HomeMy WebLinkAbout11-04-1971AGENDA Maplewood Village Council. 7:30 Gm, Thursday, Nuve,.-,iber 4, 1971 Municipal Administration Building Meeting 71 - 45 A) CALL TO ORDER B) ROLL CA-LL (C') A-PPROVAL OF MINUTE'S �utc�,— 7,37-112 k! oc toh e r 14 2 Minutes No. 43 ((,c- bcr 21) PUB T _I INC e-i)on« Vacat.ion SuuLhwest corrier of SKillro.an a-)d Eagerton 2. On-Sale Liquor Liceris- - 22 20 WhiLe Bear Avenuc (Earl L, --- Oil No nc ------- PPRI`'s -Recrcat-i-)n !��ndl k'-se-ttselimne 7'ssessipon'- SP i's Pla' 3, Flowage Easse--,--)cn« c ndemnatlinn 4. Water Improvement - Fe bi, p 1 :'.1, 4 -" rt lrti-,n d V--,--) Dy:e) 5. Final Estimate - EdQe-ton water ircvenI).,ent -�o,-Aevaxd Tree TReqala4-ion No, 20,8 'sc(i:ond 6. 11 - -ead-J'nI, ;cb! ma ''s'e -- C)rdinance No. 299 rea:-!- ing" County Ditch 1 8 - 14eeti ng dr, Lo (joint P x6 I) NEW BUSINESS 1. Building Code Variance Request - 1936 Price (garage location) 2. Building Plan Review: a. Cope Avenue - Mr. Steak b. Gervais and White Bear Avenues — Northwestern Bell' 3. Nuisance Violation Corrections: a. Excavation - 659 Roselawn b. Dumping - Lots 21 and 22, Gardena Addition 4. Rezoning Request -- Shoppers City 5. Beer and Setup License - V.F.W. Post 8901 (December 4)` 6. Request for Relocation of Fire Hydrant — Petition 7. Assessment - Cancellation 8. Hearing Dates - Street vacations: a. Conner (between Duluth and T.H.61) b. Kennard (between Cope and T.11.36) C. Hazel Street (Larpenteur to Price) 9. 1971 Audit - Agreement 10. Disorderly Conduct - Ordinance 11. Street and Sidewalk Construction - Ordinance 12. Certification of Election Results J) COUNCIL PRESENTA.^1IONS K) ADMINISTRATIVE PRESENTATIONS (L) ADJOURNMENT ADDENDUM TO THE.AGENDA Meeting 71 - 45 I T E M D -1* The easement in question is for the purpose of. public utilities located on the property at the southwest corner of Edgerton and Skillman on which an apartment complex is now being constructed. We can find no public good served by the easement at this time or in the future and would therefore recommend that the easement be vacated. The Planning Commission also recommends vacation of the easement. D -2 Earl L. Montpetit (1094 East Hyacinth, St. Paul) and Julius Matlinsky (1530 Bellows, St. Paul) are the applicants for this license. If approval is given to this license it is suggested that a certification of sole ownership and operation be signed by the applicants. Police checks are still being conducted at this time, and a more detailed report will be given at the meeting. H -1* Enclosed is a letter to the Gethsemane Lutheran Church proposing a lease for approximately ten acres of their land on about the same basis as the lease entered into with the Holy Redeemer Church. Three methods of dealing with deferred assessments on the lot were discussed and are included in the enclosed report. The staff feels that alternate ¢ }2 is the most desirable method and would so .recommend it. I understand that the Church may have another alternative to propose. Basic agreement has been reached on the lease itself. H -2* Reconciling the assessments in the Netnorlin Plat entailed a great deal of research work on the part of the Engineering Department, and enclosed are resolutions relative to that area. H -3* Several years ago the Village installed catch basins on Brook - view Drive adjacent to property owned by Mr. Richard Loftgren. A corrugated metal was then extended south across _•4r. Loftgren's property to discharge the collected storm waters. Due to the nature and age of the pipe it is now felt that a new line should be installed in the near future. It is recommended that the line be installed adjacent to the east property line of Mr. Loftgren's lot. This location would leave a large buildable lot. If a easement were taken over the existing pipe it would be more expensive as it would render a large portion of the lot unusable. As per Council instruction we have obtained an appraised value of the easement in the amount of $1,000. This amount was offered to Mr. Loftgren, he refused and requested that the matter be put through condemnation. It is estimated that the cost of this improvement will. be approximately $7,500. plus the purchase of the easement. It would not be in accordance with Village policy to carry out this project without assessing part of the cost back to the abutting properties. It is recom- mended that we be authorized to condemn the easement, and that a feasibility study be ordered.. H -4* The feasibility report for the water project on Van Dyke from County Road C to Kohlman and Kohlman from Van Dy-e to [white Bear Avenue has been completed and the cost estimated at $30,800. The project has been found feasible and a hearing date of December 9 is recommended. H -5* The construction of the watermain on Edgerton has been completed and final payment in the amount of $3,955.92 is =e,, due. We have received several notifications from suppliers of the con - tractor that they have not yet received payment and one notice is presently in the hands of our Attorney. It is recommended that payment of this amount be authorized contingent upon evidence that all subcontractors and suppliers have been paid. H -6 ** This ordinance is up for final. reading and passage. One section is to be added relative to the responsibility for maintenance of the trees. H -7* This ordinance was placed on first reading at the last regular meeting. The ordinance basically brings us into like with existing State Law relative to the use of chemicals and drugs. Our present code now makes reference to non- existant State Lairs. The change will not affect our enforce,ent procedures. H -8* I would suggest that the Council now establish a rate for meet- ing on County Ditch 18. 1 have received positive response from Ramsey County, Vadnais Heights, the City of c ite Bear Lake, North Saint Paul and -Nash_ington County. hi.te Bear !'o ,- ship informed me that they did not feel that the_,7 had a signif- icant interest in County Ditch 18, and I have received no response from Little Canada. I -1* The garage in question was being built for Mrs. iarjorie :tujala by the Sussel Company. A building permit was issued for the garage (see enclosed), and after construction of the slab floor was begun it was called to our attention by a neighbor t^:at the garage was being built closer than the required 20 feet. This was checked and it was found that the garage was 17 feet 3 inches from the adjoining residence and a stop order was issued. Approval of the variance is recommended due to the fact that it is not_felt that the 20 feet requirement is reasonable in liga of the allowance of a 10 foot offset in the case of an attachea garage. At a later date are will be recommending a change in this segment of the ordinance. I -2a* We have received a request for the location of a e1r. Steak restaurant on the north side of Cope Avenue west of the Strauss Skate Company. The property is zoned M -1 (light :canufacturing) which requires Council approval for location of uses oti.Or than of a light manufacturing nature. Staff feels that the oroT,osed use will fit in with the area and that the zoning district exception should be granted. Building plan approval is recos- mended with conditions concerning approval of a lot division, approval of a parking and landscaping plan, the prohibition of flashing lights, the requirement of wood split shake for the mansard roof and a building permit to be exercised within 30 da_,s. i -2b* The Northwestern Bell Telephone Company is requesting per:ission to construct a single story building having an area of 27,163 square feet at the southtaest corner of Gervais Avenue and ;:bite Bear Avenue. The proposed use is for a suburban service zest center. Included in the building will be garage service sehicle storage and administrative offices. The area is zoned LBC (limited business commercial). Approval of the building plans are recommended subject to conditions relative to dedication of street right -of -way, approval of a landscaping plan, appro --al of a parking lot drainage plan, area lighting plan approval and installation, relocation of the �sest ingress- egress point, a minimum parking and maneuvering area for parking stalls, -ne burying of a propane storage tank and the building permit is to be exercised within 30 days. I -3a* The excavation in question was performed prior to the issuance of a building permit and in violation of the Village building code. The excavation has been ordered corrected, but no action has been taken. We feel that the excavation has become a public hazard and should be declared a public nuisance and orderer. filled in accordance with Section 602.080 of Village Code. I -3b* The property in auestion is located on the north side of county Road C between English and Clarence Street. The owners %:,"ere originally notified on July 26 Mat dumping was ta: -_ing place on their property, but no action was taken until Octo:�er 14 the property was graded leaving the site with intc'_erable sIc:.es. Additional dumping has occurred on the premises since that Copies of notices to the property o:•:ners (Ronald D. and A. Olson) were sent on October 1�, 18 and 29. It is recc: =end -- ed that the Village undertake to alleviate the problem in accordance with Section 602.080. I -4* Enclosed is a letter from :Melvin Roth, President of Shoppers City, requesting that the Village initiate a rezoning of -__._ Shoppers City property from Business- Co:ihnercial to Shoppir.,, Center. Mr. Roth indicates that he does not feel that he can get the required signatures of 50% of the rron_erty o%.ners ::ithi_: 200 feet. The reason for the rer,uest is that the sl- ooping center cl.assifi_cation provides for less restrictive parkin-:-, requirements. It is suggested that the Council initiate t _ rezoning request with the conditions that Shoppers City -,_ees to pay all of the costs of the rezoning procedure and that a plan for the area, including parking, be submitted fcr ccr.- sideration. If this action should be taken it should be none with the understanding that the Council has no obligation as to their final. decision. I -5 The V.F.W. Post requests a beer and set -up license for December They are planning on holding their 25th mustering anniversa? -y a-. that time for members only in the Gladstone House. I.ppro-.al is recommended with the usual conditions. -3- 1 -6* We have received a petition from the property owners in the area of the residence of drs, Melvin Henning (1714 Edge. ...font Street) requesting that the fire hydrant which has recently been installed on the boulevard on the north side of the Henning lot be removed and placed farther to the east with no additional assessment to the property owners. They state that the "hydrant detracts from the appearance of the Henning yard, where if moved eastward would be screened by planting of evergreens." They also state that the hydrant will interfere with the parking for visitors. The hydrant was Placed at the high point of the line as requested by the St. Paul water Department in conjunction with a recent water project. The hydrant has a function other than that normally given to hydrants for fire protection in that it was placed in this position in lieu of a pressure relief valve % -.high must be at the high point of the line. Such a relief valve would have required a manhole and an extension above the ground which would have been more unsig':itly than the fire hydrant and considerably more expensive. ;de have been in co=unication with the water department, and they agree that the hydrant could be moved a few feet without a detrimental effect. The hydrant is presently on the boulevard adjacent to the rear lot of 'irs. Henning's property. We would suggest that an evergreen be planted by the hydrant if the occupant desires a hydrant be obscured fro -, her home. The cost of :ovin -, the hydrant would be approximately $550.00. It is recomolen�d-ed that the hydrant not be mc-�ed withOUt assessing it against the property owners Lhemsel, yes. It would a.-near that the mosL- desirable method would be the planting of the evergreen. The petition also mentions tunneling in one instance and not for others. all trees on the project were saved and the con- tractor decided he would ratter tunnel under the speci_- c ones rather than to remove or replace them. The contract was bid and awarded on the basis of the number of feet of pipe laid and no additional expense c: -as incurred by the contractor deciding to tunnel under one area. 1 =7* It is recommended that the deferred assessment against the property owned by Frank Sailer (915 Parkway Drive) for the construction of 'dater Improvement ldo. 3 in the a,- ,.punt of $2,192.9 be cancelled. we have revie,:7ed the case and can find no L-enef -t accrued to iir. Sailer's property and it is not kno;n sehy tn?s was initially placed on the roll. It would appear that it nay have been a error. I -8* Proposed vacations b and c will be Council initiated, and vacation (a) is petitioned. December 2 is the recommenced hearing dates on all three. 1 -9* Enclosed is a copy of an agreement with the DeLaHunt Ccr:pany to carry out the 1971 audit. You will note that Drices '.axe increased over the 1970 audit contract. `le still feel that this is a most economical and qualified co;--any to carry out our audit. we would recom.-nend its approval. I -10 An ordinance will be proposed which will bring us into line with State Legislation passed during the 1971 legislative sess_c_ :- -4- T -11* our present ordinance provisions relating to street and side- walk construction are by far out of line with existing practices. The enclosed ordinance will bring our procedures in line with the latest procedures. It is recommended that it be placed on first reading. I -12* The resolution is enclosed. You will receive a- statement of results the night of the meeting. Enclosed is a resolution for acceptance of election judges. (K) We have received a letter from Clarence Harris requesting that members of the Village Council, Staff and Co*_Lnissions attend a meeting with the State Highway Department on November 9th to dispel "rumors" about the. Gervais Avenue - riic *hway 36 plans. The staff would desire the Council's desires relative to staff attendance at the meeting. The Planning Comr!ission has also requested guidance from the Council on their attendance as a group or as individuals. It might also be helpful if the Council would re--uest information fro *n Mr. Harris as to the type and composition of rumors. I have received a letter from William R. Howard (931 E. Coun-W Road C) requesting that the Council revise its resolution re- garding his deferred assessment. A copy of the letter is enclosed. Also enclosed is a copy of a letter from the Ra-nsey County League concerning a meeting regarding the recording of plats at RaIlsey County. 'rte believe we have now worked the matter out in that the County Auditor's Office has agreed to refer persons wishing to split property of less than 5 acres back to the municipality in which the proposed split is located if evidence cannot be shown that the split has been approved by the municipality. This means that the split then cannot be recorded. We have received a resolution from the 4aple,:,00d Jaycees re- garding the intersection of Frost and Prosperity. They urge the Village and the County to approve "the construction of a guard rail at the southWes1z corner of the intersection of Frost and Prosperity aves. To protect the safety of spectators and participants at the softball facility at ;•,akefield Park ". A copy of the resolution is enclosed. Enclosed is a letter from the Moose Lodge No. 963 regarding the status of the discrimination ordinance. Enclosed is a copy of a memo relative to the status of the 1970 Audit report. -5- MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, November 4, 1971 Council Chambers, Municipal Building Meeting No. 71 - 45 A. CALL TO ORDER A regular meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:34 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present C APPROVAL OF MINUTES 1. Minutes No. 42 (October 14) Councilman Greavu moved that the minutes of meeting no. 42 (October 14, 1971) be approved as corrected: Page 11, Item F -3: Councilwoman Olson stated she was quite concerned about the Planning Office recommendations regarding the two homes on Atlantic Street. The Planning Office stated the area is definitely Commercial, the homes are of non - conforming land use, and not resident- ial in terms of environmental use. Councilwoman Olson believes::the Council has an obligation to the home owners because of previous Council action and would like to see the home owners given consideration. Seconded by Councilman Haugan, Ayes - all. 2. Minutes No. 44 (October 28) Councilman Greavu moved that the minutes of meeting no. 44 (October 28, 1971) be approved as submitted. Seconded by Councilman Haugan. D. PUBLIC HEARINGS Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Councilwoman Olson abstained as she was not in attendance at the meeting. 1. Easement Vacation - Southwest Corner of Skillman and Edgerton. a, Mayor Axdahl convened the meeting for a public hearing for an easement vacation at the southwest corner of Skillman Avenue and Edgerton Street. - 1 - 11/4 The Clerk read the notice of hearing along with the date of publication. b. Manager Miller stated the easement in question is for the purpose of of public utilities located on the property at the southwest corner of Edgerton and Skillman on which an apartment complex is now being construct- ed. Staff can find no public good served by the easement at this time or in the future and would therefore recommend that the easement be vacated. The Planning Commission also recommends vacation of the easement. c. Mayor Axdahl called for proponents. None were heard. d. Mayor Axdahl called for opponents. None were heard. e. Mayor Axdahl called for formal objections to the easement vacation. None were heard. f. Councilman Greavu moved to close the public hearin Seconded by Councilman Wiegert. Ayes - all. g. Following Council discussion, Councilman Haugan moved approval of the easement vacation at the southwest corner of Skillman Avenue and Edgerton Street, *(see page 2a, attached, for resolution No. 71 - 11 - 234) Seconded by Councilman Wiegert. Ayes - all. 2. On Sale Liquor License - 2220 White Bear Avenue (Earl L. Montpetit) a. Mayor Axdahl convened the meeting for a public hearing on an appli- cation from Earl L. Montpetit and Julius Matlinsky for an on -sale liquor license to be located at 2220 White Bear Avenue. The Clerk read the notice of hearing along with the date of publication. b. Manager Miller stated Staff is atill; waiting for a number of police reports. Staff recommends Council continue the hearing until November 18, 1971. c. Councilman Greavu moved to continue the hearing or license application until November 18 1971. Seconded by Councilman Wiegert. Ayes - all. E. AWARDING OF BIDS None. F. APPROVAL OF ACCOUNTS Councilman Haugan moved that the accounts, as submitted, (Part I, Fees, Servic Expenses - Check No. 14536 through Check No. 14664; $738,982.38; Part II - Payroll - Check No. 3206 through Check No. 3286 - $21,877.40) in the amount of $760,859.78 be paid. Seconded by Councilman Greavu. Ayes - all. - 2 - 11/4 Councilman Haugan moved the following resolution and moved its adoption: 71 - 11 - 234 WHEREAS, a petition has been presented requesting vacation of a public utility easement located on Lots 1 and part of Lot 2, Block 4, Edgerton Highlands; and WHEREAS, the hearing on said petition was preceeded by two weeks published and posted notice, and WHEREAS, no one has appeared in opposition to said petition, and WHEREAS, it appears for the best interest of the public that said public utility easement be vacated; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the public utility easement located on Lots 1 and part of Lot 2, Block 4, Edgerton Highlands be and the same are hereby vacated. Seconded by Councilman Wiegert. Ayes - all. 2a 11/4 G. VISITOR PRESENTATION None. H. UNFINISHED BUSINESS 1. Agreement - Recreation Land (Gethesemane Church) a. Manager Miller stated that this item does appear on the Parks and Re- creation Commission Agenda for Monday night and staff recommends Council await the recommendation of the Commission. The lease agreement proposal is for approximately 10 acres. The only item not settled is how to handle the deferred Sanitary Sewer assessment. b. Councilman Wiegert moved to refer the agreement to the I Seconded by Councilman Greavu. Ayes - all. 2. Assessment Splits Plat a. Manager Miller stated that reconciling the assessments in the Net - norlin Plat entailed a great deal of research work. It involves cancel- lations of assessments for water, sanitary sewer, and storm sewer in that area. In areas where the street right of way has since been dedicated the cancellations amount to $5,350.18 and a deferred assessment of $6,704.72. Before property division can be approved, the cancellations and deferral of assessments will have to be filed with the Ramsey County Auditor. b. A representative from Netnorlin stated they have gone over the figures and as nearly as they can tell, what is printed, tends to be correct, but not quite complete. There seems to be a controversy regarding the defer- ment. Was it for north and south of the proposed Woodlyn Avenue or just property north of Woodlyn. Council agreed the deferment should be property north and south of Woodlyn. c. The following nine resolutions are for cancellation of assessments. 1. Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 11 - 235 WHEREAS, pursuant to resolution 68 -9 -177 of the Village Council of Maple- wood, Minnesota, adopted September 23, 1968, the special assessments for the construction of Sanitary Sewer No. 9, were levied against property described as 57- 00210 - 250 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN- ESOTA, that the assessments for Sanitary Sewer No. 9 in the amount of $640.00 against 57- 00210- 250 -10 be, and the same hereby are, cancelled. Seconded by Councilman Wiegert. Ayes - all. - 3 - 11/4 2. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 236 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, Minnesota, adopted September 18, 1970, the special assessments for the construction of storm Sewer 69 -4, were levied against property described as 57- 00210- 320 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right- of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Storm Sewer 69 -4 in the amount of $425.74 against 57- 00210 - 320 -10 be, and the same hereby are, cancelled. Seconded by Councilman Haugan. Ayes - all. 3. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 11 - 237 WHEREAS, pursuant to resolution 68 -9 -177 of the Village Council of Maplewood, Minnesota, adopted September 23, 1968, the special assessments for the construction of Sanitary Sewer No. 9, were levied against property described as 57- 00210- 320 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer No. 9 in the amount of $480.00 against 57- 00210 - 320 -10 be, and the same hereby are, cancelled. Seconded by Councilwoman Olson. Ayes - all. 4. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 238 WHEREAS, pursuant to resolution 70- 9- 1313of the Village Council of Maplewood, Minnesota, adopted September 1, 1970, the special assessments for the construction of Water 69 -7, were levied against property described as 57- 00210 - 320 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water 69 -7 in the amount of $480.00 against 57- 00210- 320 -10 be, and the same hereby are, cancelled. Seconded by Councilman Haugan. Ayes - all. - 4 - 11/4 5.' Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 11 - 239 WHEREAS, pursuant to resolution 69 -9 -154 of the Village Council of Maplewood, Minnesota, adopted September 9, 1969, the special assessments for the construction of Water 68 -2, were levied against property described as 57- 00210 - 250 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water 68 -2 in the amount of $640.00 against 57- 00210- 250 -10 be, and the same hereby are, cancelled. Seconded by Councilman Haugan. Ayes - all. 6. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 240 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, Minnesota, adopted September 18, 1970, the special assessments for the construction of Storm Sewer 69 -4, were levied against property described as 57- 00210- 290 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Storm Sewer 69 -4 in the amount of $198.72 against 57- 00210- 290 -10 be, and the same hereby are, cancelled. Seconded by Councilman Wiegert. Ayes - all. 7. Councilman Haugan introduced the following resolution and moved its adoption: 71 - 11 - 241 WHEREAS, pursuant to resolution 79- 9 -147A of the Village Council of Maplewood, Minnesota, adopted September 18, 1970, the special assessments for the construction of Storm Sewer 69 -4, were levied against property described as 57- 00210- 250 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNNESOTA, that the assessments for Storm Sewer 69 -4 in the amount of $2048.00 against 57- 00210 - 250 -10 be, and the same hereby are, cancelled. Seconded by Councilman Greavu. Ayes - all. - 5 - 11/4 8, Councilman Wiegert introduced the following resolution and moved its adoption: 71- 11 -242 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, Minnesota, adopted September 18, 1970, the special assessments for the construction of Storm Sewer 69 -4, were levied against property de- scribed as 57- 00210- 310 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Storm Sewer 69 -4 in the amount of $144.00 against 57- 00210 - 310 -10 be, and the same hereby are, cancelled. Seconded by Councilwoman Olson. Ayes - all. 9. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 243 WHEREAS, pursuant to resolution 79- 9 -147A of the Village Council of Maplewood, Minnesota, adopted September 18, 1970, the special assessments for the construction of Storm Sewer 69 -4, were levied against property described as 57- 00210- 210 -10; and WHEREAS, the above described property has been acquired by the Village of Maplewood for street right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Storm Sewer 69 -4 in the amount of $293.72 against 57- 00210 - 210 -10 be, and the same hereby are, cancelled. Seconded by Councilman Haugan. Ayes - all. d. Property Devision NO. 043150 Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 11 - 244 WHEREAS, pursuant to Resolution 68 -9 -177, 69 -9 -154, 70- 9 -147A and 70- 9 -131B of the Village Council of Maplewood, adopted September 23, 1968, September 9, 1969, September 18, 1970 and September 1, 1970, the special assessments for the construction of Sanitary Sewer Improvement No. 9, Water Improvement No. 68 -2, Storm Sewer Improvement No. 69 -4 and Water Improvement No. 69 -7 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 des- cribed according to the attached list, said list made a part herein; - 6 - 11/4 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer Improvement No. 9, Water Improvement No. 68 -2, Storm Sewer Improvement No. 69 -4 and Water Improvement No. 69 -7 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 Greavu. e. Councilwoman Olson sofa or is Seconded by Councilman Wiegert. Ayes - all. ments on props (erred until b ested and also Court. Ayes - all. f. Council referred to Staff for investigation what can be done about monies already paid in for the cancelled assessments and how they can be refunded. g. The following resolutions are in regard to deferment of storm sewer improvement 69 -4 assessments. 1. Councilman Haugan introduced the following resolution and moved its adoption: 71 - 11 - 245 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the construction of storm sewer 69 -4 were levied against property described by County Auditors Code 57- 00210 - 250 -10; WHEREAS, it is the desire of this Council that the said assessment against :the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $6704.72 against the property described by County Auditors Code 57- 00210 - 250 -10 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Greavu. Ayes - all. 2. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 246 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the construction of storm sewer 69 -4 were levied against property described by County Auditors Code 57- 54600- 050 -01; and - 7 - 1114 WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $283.22 against the property described by County Auditor's Code 57- 54600- 050 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Haugan. Ayes - all. 3. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 247 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the construct- ion of storm sewer 69 -4 were levied against property described by County Auditor's Code 57- 54600- 060 -01; and WHEREAS it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $296.98 against the property described by County Auditor's Code 57- 54600- 060 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Haugan. Ayes - all. 4. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 11 - 248 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditor's Code 57- 54600- 070 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $264.00 against the property described by County Auditor's Code 57- 54600- 070 -01 be and hereby is deferred. 8 - 11/4 BE -IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Greavu. Ayes - all. 5. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 11 - 249 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditors Code 57- 54600- 080 -01; and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $280.42 against the property described by County Auditor's Code 57- 54600- 080 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Greavu. Ayes - all. 6. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 250 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the construction of storm sewer 69;:4 were levied against property described by County Auditors Code 57- 54600- 150 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $556.92 against the property described by County Auditor's Code 57- 54600- 150 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Wiegert. Ayes - all. 7. Councilman Wiegert introduced the following resolution and moved its adoption: - 9 - 11/4 71 - 11 - 251 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditor's Code 47- 54600- 160 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 694 in the amount of $514.12 against the property described by County Auditor's Code 57- 54600- 160 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Greavu. Ayes - all. 8. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 252 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the construction of storm sewer 69 -4 were levied against property described by County Auditor's Code 57- 54600- 170 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $437.62 against the property described by County Auditor's Code 57- 54600- 170 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Haugan. Ayes - all. 9. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 11 - 253 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditor's Code 57- 54600- 180 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; - 10 - 11/4 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $328.20 against the property described by County Auditor's Code 57- 54600- 180 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilwoman Olson. Ayes -all. 10. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 254 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditor's Code 57- 54600- 190 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $389.94 against the property described by County Auditor's Code 57- 54600- 190 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Haugan. Ayes - all. 11. Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 11 - 255 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditor's Code 57- 54600- 210 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $404.06 against the property described by County Auditor's Code 57- 54600- 210 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Wiegert. Ayes - all. - 11 - 11/4 12. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 11 - 256 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditor's Code 57- 54600- 220 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $42:4.70 against the property described by County Aditor's Code 57- 54600- 220 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilwoman Olson. Ayes - all. 13. Councilman Greavu introduced the following resolution and moved its adoption: 71 -11 - 257 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditor's Code 57- 54600- 230 -01 and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $322.08 against the property described by County Auditor's Code 57- 54600 - 23001 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilman Haugan. Ayes - all. 14. Councilman Greavu introduced the following resolution and moved its adoption: 71 -11 -258 WHEREAS, pursuant to resolution 70- 9 -147A of the Village Council of Maplewood, adopted September 18, 1970 the special assessments for the con- struction of storm sewer 69 -4 were levied against property described by County Auditors Code 57- 54600- 250 -01; and - 12 - 11/4 WHEREAS, it is the desire of this Council that the said assessment against the property described herein be deferred; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for storm sewer 69 -4 in the amount of $48.00 against the property described by County Auditor's Code 57- 54600- 250 -01 be and hereby is deferred. BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Seconded by Councilwoman Olson. Ayes - all. D PUBLIC HEARINGS (continued) 2. On Sale Liquor License - 2220 White Bear Avenue (Earl L. Montpetit) (continued) a. Mr. Roger Sax, attorney representing the owner of the building at 2220 White Bear Avenue, stated he had missed the liquor license hearing, he wondered what action was taken. b. Mayor Axdahl stated since the hearing was held earlier then the 8 :00 P.M. stated in the notice, Council would rehear it. c. Councilman Haugan moved to rescind his previous motion to continue the hearing until November 18, 1971. Seconded by Councilman Greavu, Ayes - all. c. Mayor Axdahl convened the meeting for the public hearing on the application for an on -sale liquor license at 2220 White Bear Avenue. The Clerk read the notice of hearing along with the date of publication. d. Manager Miller stated the staff recommends the hearing be.continued to November 18, 1971 as further police reports have not been received. e. Mr. Sax stated the owner was neither a proponent or opponent, but it was necessary to know when a decision could be expected. f. Police Chief Schaller stated that this was a very involved invest- igation and staff has submitted only a preliminary report and are seeking further detailed police reports. The application does involve multiple on -sale licensing in the metropolitan area, which staff is concerned about. g. Councilman Greavu Seconded by Councilwoman Olson. H. UNFINISHED BUSINESS (continued) 3. Flowage Easement Condemnation Ayes - all. of November io - 13 - 11/4 a. Manager Miller stated several years ago the Village installed catch basins on Brookview Drive adjacent to property owned by Mr. Richard Lofgren. A corrugated metal was then extended south across Mr. Lofgren's property to discharge the collected storm waters. Due to the nature and age of the pipe it is now felt that a new line should be installed in the near future. It is recommended that the line be installed adjacent to the east property line of Mr. Lofgren's lot. This location would leave a large buildable lot. If a easement were taken over the existing pipe it would be more expensive as it would render a large portion of the lot unusable. As per Council instruction we have obtained an appraised value of the ease- ment in the amount of $1,000. This amount was offered to Lofgren, he re- fused and requested that the matter be put through condemnation. It is es- timated that the cost of this improvement will be approximately $7,500, plus the purchase of the easement. It would not be in accordance with Vil- lage policy to carry out this project without assessing part of the cost back to the abutting properties. It is recommended that we be authorized to condemn the easement, and that a feasibility study be ordered. b. Councilwoman Olson moved to table this matter. Following further discussion, Councilwoman Olson withdrew her motion. c. Councilman Greavu moved to authorize staff to proceed with dondemnai and to prepare a feasibility study and if it is found that condemnation not proper, authority to be withdrawn. Seconded by Councilman Wiegert. Ayes - all. d. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 259 WHEREAS, it is determined to be necessary that storm water be routed on the property known as Lot 19, Block 6, of Brower Park Addition, and WHEREAS, this property is in private ownership, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the Village Manager be authorized to commence proceedings in eminent domain to acquire the necessary right -of -way for maintenance and replacement of a storm sewer over the above described property. Seconded by Councilman Wiegert. Ayes - all. e. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 259A WHEREAS, the Village Council has determined that it is necessary and expedient that the area in the vicinity of Brookview Drive, Ferndale, and Mayhill be improved by construction of storm sewers and connections, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, - 14 - 11/4 MINNESOTA that the hereinbefore described improvement be 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. Ayes - all. 4. Water Improvement - Feasibility Report - (Kohlman and VanDyke) a. Manager Miller stated the feasibility report for the water project on VanDyke from County Road C to Kohlman and Kohlman from VanDyke to White Bear Avenue has been completed and the cost estimated at $30,800. The project has been found feasible and a hearing date of December 2 is re- commended. b. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 11 - 260 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of VanDyke from County Road "C" to Kohlman; and Kohlman from VanDyke to White Bear Avenue by construction of water mains and appurtenances, and WHEREAS, the said Village Engineer has prepared the aforesaid prelim- inary 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 VanDyke from County Road "C" to Kohlman; and Kohlman from VanDyke to White Bear Avenue by construction of water mains' and appurtenances 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 $30,800.00. 3. A public hearing will be held in the Council Chambers of the Vil- lage Hall at 1380 Frost Avenue on Thursday, the 9th day of December 1971, at 7:30 P.M, to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING OF WATER IMPROVEMENT 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, - 15 - 11/4 5 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: December 2, 1971 at 7:30 P.M. Location: Council Chambers of the Village Hall 1380 Frost Avenue The general nature of the improvement is the construction of water mains and appurtenances in the following described area: VanDyke from County Road "C" to Kohlman; Kohlman from VanDyke to White Bear Avenue The total estimated cost of said improvement is $30,800.00. 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 improve- ment should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 4th day of November, 1971. Publish November 11,& 18, 1971. Seconded by Councilman Haugan. BY ORDER OF THE VILLAGE COUNCIL Mrs. Lucille. Aurelius Village Clerk Final Estimate - Edgerton Water Improvement Ayes - all. a. Manager Miller stated the construction of the watermain on Edgerton has been completed and final payment in the amount of $3,955.92 is now due. Staff has received several notifications from suppliers of the con- tractor that they have not yet received payment and one notice is presently in the hands of our Attorney. It is recommended that payment of this amount be authorized contingent upon evidence that all subcontractors and suppliers have been paid. b. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 261 WHEREAS, pursuant to a written contract assigned with the Village on August 13, 1970, Guidio Construction has satisfactorily completed water main improvement project No. 69 -24 in accordance with such contract. - 16 - 11/4 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA'. "that the work completed under such contract is hereby accepted and approved, and BE IT FURTHER RESOLVED, that the Village Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract taking the contractor's receipt in full contingent upon evidence that all suppliers and subcontractors of Guidio Construction Company have been paid. Seconded by Councilman Haugan. Ayes - all. 6. Boulevard Tree Regulation - Ordinance No. 298 (Second Reading) a. Manager Miller stated the ordinance for Boulevard Tree Regulations is up for final adoption. A section has been added relative to the respon- sibility for maintenance of the trees. b. Councilman Wiegert introduced the following ordinance and moved its adoption: ORDINANCE NO 298 An Ordinance Amending Chapter 1501 Of The Maplewood Code In Its Entirety Concerning Trees On Boulevards The Council of the Village of Maplewood does hereby ordain as follows: Section 1. Chapter 1501 of the Maplewood Code shall hereafter read as follows: Section 1501.010. BOULEVARD TREES. All persons desiring to plant trees on the boulevard abutting their property where such boulevard is a part of the public right of way, shall plant:,such trees only as herein provided. Section 1501.020. KINDS OF TREES, The kinds of trees which shall be planted on the boulevards are those listed as follows: Sugar Maple (Acer Saccharum) Red Maple (Acer Rubrum) Cleveland Norway Maple (Acer Platanoides "Cleveland ") Summershade Norway Maple (Acer Platanoides "Summershade ") Crimson King Maple (Acer Platanoides "Crimson King ") Schwedler Maple (Acer Platanoides "Schwedler ") Hackberry (Celtis occidentalis) Autumn Purple White Ash (Fraxinus Americana "Autumn Purple ") Summit Green Ash( "Fraxinus Pennsylvanica ".Summit ") Marshall Seedless Ash (Fraxinum Pennsylvanica "Marshall ") - 17 - 11/4 Imperial Locust (Gleditsia Triacanthos "Imperial ") Skyline Locust (Gleditsia Triacanthos "Skyline ") Moraine Locust (Gleditsia Triacanthos "Moraine ") Kentucky Coffee Tree (Gymnocladus Dioicus) Basswood (Tilia Americana) Littleleaf Linden (Tilia Cordata) Greenspire Linden (Tilia Cordata "Greenspire ") Redmond Linden (Tilia X Euchlora "Redmond ") Ironwood (Ostrya Virginians) Ginkgo (Ginkgo Biloba) (Male Only) Amur Cork Tree (Phellodendron Amurense) Pin Oak (Quercus Palustris) It is hereby prohibited to plant any other tree in the street or boulevard in the Village of Maplewood except by special permission from the Village Council. Section 1501.030. TREE LOCATION AND SPACING. Trees may be planted between the sidewalk and curb when this planting strip is more than 5 feet in width. At street corners trees shall be located at least 20 feet from the intersection street right -of -way lines. Distance between trees shall be not less than 40 feet for shade tree species. Spacing as great as 65 feet may be used due to the arrangement of lots and drives, width of street, set -back of building lines, opportunity for alternating of planting sites on opposite sides of the street, location of water lines and sewers, and the species to be planted. Spacing and specific location shall be determined by the Public Works Department. Section 1501.040. PLANTING TIME. Planting will be permitted only when soil, temperature, weather conditions and state of dormancy of the trees are favorable; from April 1 to May 30 or October 1 to November 20, or when otherwise permitted by the Public Works Department. Section 1501.050. PLANTING HOLES. Planting holes shall be at least 6 inches deeper and 12 inches wider than the root spread of the tree to be planted. 1501.060. PLANTING SOIL. A good porous loam topsoil shall be used for backfill around the tree roots. When soil at the site does not meet this description the Public Works Department may require this soil to be removed and a better quality soil brought in; or require the addition of such fer- tilizers and organic materials as will provide suitable soil conditions for establishment and growth of the tree. 1501.070. PLANTING METHODS. Each tree shall be planted plumb, 1 inch - 18 - 11/4 to 2 inches lower then the level at which it grew prior to moving. The soil shall be settled around the roots with water and after completion of backfilling the soil shall cover the:ma n:.root area to a depth of at least 3 inches. Fall planted trees shall be mulched with well rotted manure, leaves or peat. Staking, guying, or wrapping shall be required if so directed by the Public Works Department. 1501.080. MINIMUM TREE SIZE. At the time of planting, no tree shall be smaller in size than the diameter of one and one -half (1 -1/2) inches, measured at a point six (6) inches above the ground. On all principal street, or business streets, the trees shall be located as provided by regulations pertaining thereto. All trees shall be so planted as to be at least thirty (30) feet apart when measured along the street. 1501.090. TREES, PROPERTY OF VILLAGE. All trees plinted'on street boulevards become the property of the Village of Maplewood. It is unlawful for any person to willfully cut, break, injure, remove or destroy any tree located, standing or growing, or which may hereafter be planted or placed upon any public property in the Village of Maplewood. Maintenance and trimming of trees may be done by the Village and the cost assessed to the adjacent property owner. Section 2. This ordinance shall take effect and be in force upon its passage and publication. Passed by the Council of the Village of Maplewood this 4th day of November, 1971. Seconded by Councilman Haugan; Ayes - all. 7. Chemical and Drug Use - Ordinance No. 299 (Second Reading) a. Manager Miller stated Ordinance No. 299 was placed on First Reading at the October 12st, 1971 Council Meeting. Final adoption is recommended. The ordinance brings the Village Code into line with the existing State Law relative to the use of chemicalssand drugs. The present Village Code now makes reference to non - existant State Laws. b. Councilman Wiegert introduced the following ordinance and moved its ad6ppi6n• ORDINANCE NO. 299 An Ordinance Amending Chapter 1214 Of The Maplewood Code Having To Do With The Use Of Chemicals And Drugs THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1214.070 is hereby amended in its entirety to read as follows: Section 1214.070. All of Chapter 937 of the Session Laws of the State of Minnesota for the 1971 Regular Session numbered MSA 152.01; 152.09; 152.101; 132.11; 152.12; 152.15; etc., is hereby adopted by reference and made a part of this code as if fully set out herein. - 19 11/4 Section 2. This ordinance shall take effect upon passage and public- ation. Passed by the Council of the Village of Maplewood this 4th day of November, 1971. Seconded by Councilman Greavu. Ayes - all. 8. County Ditch - Meeting Date (Joint Powers) a. Manager Miller suggested that the Council now establish a date for meeting on County Ditch 18. He has received positive responses from Ramsey County, Vadnais Heights, the City of White Bear Lake, North Saint Paul and Washington County. White Bear Township informed him that they did not feel that they had a significant interest in County Ditch 18, and there has been no response from Little Canada. b. Staff was instructed to contact the various municipalities and work out a date for early in December. I. NEW BUSINESS 1. Building Code Variance Request - 1936 Price Avenue (Garage Location) a. Manager Miller stated that the garage in question was being bui1K for Mrs. Marjorie Kujala by the Sussel Company. A building permit was issued for the garage, and after construction of the slab floor was begun it was called to our attention by a neighbor that the garage was being built closer than the required 20 feet. This was checked and it was found that the garage was 17 feet 3 inches from the adjoining residence and a stop order was issued. Approval of the variance is recommended due to the fact that it is not felt that the 20 feet requirement is reasonable in light of the allowance of a 10 foot offset in the case of an attached garage. At a later date, Staff will be recommending a change in this segment of the ordinance. b, Mrs. John Taylor, 1930 Price Avenue read a statement opposing the variance. c. Mr. Bob Henkelman, District Sales Representative from the Sussel Company, stated he or the cement contractor placed the slab closer than the 20 feet. When it was discovered that the slab was only 17'3°' from the Taylor's house, Mr. Henkelman called the Taylor's to obtain written permission to allow the variance from the Village Code. The Taylors refused. d. Councilwoman Olson moved to deny the garage variance request. Seconded by Councilman Haugan. Motion carried. Ayes - Mayor Axdahl, Councilwoman Olson, Councilman Haugan. Nay - Councilmen Greavu and Wiegert. - 20 - 11/4 2. Building Plan Review. a. Cope Avenue - Mr. Steak 1. Manager Miller stated staff had received a request for the locat- ion of a Mr. Steak restaurant on the north side of Cope Avenue west of the Strauss Skate Company. The property is zoned M -1 (light manu- facturing) which requires Council approval for location of uses other than of a light manufacturing nature. Staff feels that the proposed use will fit in with the area and that the zoning district exception should be granted. 2. Mr. George Mertens, a representative of Mr. Steak Restaurants, spoke on behalf of the proposed building plans and outlined in detail the business operation. The hours of business would be 11:00 A.M. to 9:00 P.M. 3. Councilman Wiegert moved approval of the operation i as the nature of the family type operation and type of s Seconded by Councilman Greavu. Ayes - all. 4. Manager Miller presented the staff report and stated building plan approval is recommended with conditions concerning approval of a lot division, approval of a parking and landscaping plan, the pro- hibition of flashing lights, the requirement of wood split shake for the mansard roof and a building permit to be exercised within 30 days, and plans for driveway and drainage be approved by Director of Public Works. 5. Councilman Greavu moved approval of the building plans for Mr. Steak restaurant located at the north side of Cope Street and West of White Bear Avenue subiect to 1. Approval of a lot division subject to certified survey for both resulting parcels. 2. Parking and landscaping plan shall be approved by the Planning Director. 3. The motion moving flash signs shall be fixed lighting with no flashing or moving parts or indications of movement. 4. The mansard roof shall be of wood split shake and not com- position shingle. 5. A building permit should be exercised within 30 days from the date of Council approval. 6. Driveway and drainage design be approved by the Village Engineer. Seconded by Councilman Wiegert. Ayes - all. - 21 - 11/4 b. Gervais and White Bear Avenue - Northwestern Bell 1. Manager Miller stated the Northwestern Bell Telephone Company is requesting permission to construct a single story building having an area of 27,168 square feet at the southwest corner of Gervais Avenue and White Bear Avenue. The proposed use is for a suburban service test center. Included in the building will be garage service vehicle storage and administrative offices. The area is zoned LBC (limited business commercial). Approval of the building plans are recommended subject to conditions relative to dedication of street right -of -way, approval of a landscaping plan, approval of a parking lot drainage plan, area lighting plan approval and installation, relocation of the west ingress- egress point, a minimum parking and maneuvering area for parking stalls, the burying of a propane storage tank and the building permit is to be exercised within 30 days. 2. Mr. Sather, Engineer with Northwestern Bell, spoke on behalf of the proposed building. The trucks would be stored inside and the only cars in the parking lot would be employees or visitors. There are 40 trucks and about 25 persons who would be stationed there. 2a. See attached sheet no. 22a. 3. Councilman Wiegert moved to declare the Northwestern Bell Telephone Company building a type of use compatible with L.B.C. zoning. because of the nature of operation, the storage of working vehicles is to be inside and because the construction is compatible with surroundings. Seconded by Councilman Haugan. Ayes - all. 4. Councilman Greavu e to Bear Avenues subiect to the following conditions: 1. Dedication of 7 ft, along the south side of Gervais Avenue across the north property,;line of the site; 2. Approval of a landscaping plan prior to final occupancy permit being issued by the Planning office; 3. On site parking lot drainage approval by the Village Engineer; 4. Area lighting plan approval and installation prior to occupancy permit being issued; 5. Relocate west ingress- egress point a distance of 60 ft, west for more convenient service vehicle maneuverability; 6. All backup areas behind parking stalls must have a minumum maneuver area of 25 feet behind_ rather than 20 feet as shown in some cases; 7. All parking stalls shall have a minimum area of 200 square ft. and have dimensions of 10 ft. x 20 ft.' 8. The propane storage tank shown at the NW corner of the site shall be installed underground, or if it cannot be so accomodated, then another site on location should be selected and approved by the Planning Office; - 22 - 11/4 Fla. Councilman Wiegert questioned of the representatives from North- western Bell Telephone Company if they were aware of the possible closing of Gervais Avenue and possible taking of some of their land. They replied affirmatively. - 22a - 11/4 9. A building permit should be exercised within 30 days from date of Council approval of plans. Seconded by Councilman Wiegert. Ayes - all. 3. Nuisance Violation Corrections: a. Excavation - 659 E. Roselawn Avenue 1. Manager Miller stated the excavation in question was performed prior to the issuance of a building permit and in violation of the Village building code. The excavation has been ordered corrected, but no action has been taken. The excavation has become a_:public hazard and should be declared a public nuisance and ordered filled in accordance with Section 602.080 of Village Code. The excavation for a dwelling took place in the wrong location on the lot. The houses existing on Roselawn Avenue have a set back of 60 feet and the excavation was placed with only a 30 foot set back. The builder, Mr. Frank Horner, was informed of the violation and ordered to correct the excavation but as of today, the orders have gone unheeded. The ex- cavation is now filled with water and under Section 602.050 of the Municipal Code defined as a public nuisance. 2. Councilman Wiegert moved to and directed staff to rectifv t its 71 - 11 - 262 WHEREAS, on July 28, 1971, the F. J. Horner Company was issued a permit for construction of a house at 659 E. Roselawn Avenue for one Joseph Thole; and WHEREAS, an excavation was made at the site and was improperly located said factb -ei:ng called to the attention of the F. J. Horner Company on several occasions; and WHEREAS, F. J. Horner Company has had repeatedly, written and oral notices by the Village of Maplewood, to fill the hole as it is full of water and is a dangerous nuisance. BE IT RESOLVED THAT THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA does hereby authorize and direct the Village Manager to fill the hole and there- by abate the dangerous nuisance and assess the cost against the land and/ or the F. J. Horner Company. Seconded by Councilman Greavu. Ayes - all. Mayor Axdahl stated the staff should proceed with haste because of of the hazard of the water filled excavation. b. Dumping - Lots 21 and 22, Gardena Addition 1. Manager Miller stated the property in question is located on the north side of County Road C between English and Clarence Street. The - 23 - 11/4 owners were originally notified on July 26 that dumping was taking place on their property, but no action was taken until October 14 when the property was graded leaving the site with intolerable slopes. Additional dumping has occurred on the premises since that time. Copies of notices to the property owners (Ronald D. and Maxine A. Olson) were sent on October 14, 18 and 29. It is recommended that the Village undertake to alleviate the problem in accordance with Section 602.030, Subsection I. 2. Mayor Axdahl asked if anyone was present to speak in regards to this matter. No one was in attendance. 3. Councilwoman Olson t c not done so Seconded by Councilman Wiegert. Ayes - all. 4. Rezoning Request - Shoppers City a. Manager Miller stated the Applicant, Mr. Mel Roth, had to leave the meeting and requested the matter be tabled until later in the meeting. b. Councilwoman Olson moved to table Item I -4 until later in the meeting. Seconded by Councilman Greavu. Ayes - all. 5. Beer and License Set -Up License - V.F.W. Post 8901 (December 4) a. Manager Miller stated the V.F.W. Post requests a beer and set -up license for December 4. They are planning on holding their 25th mustering -out anniversary at that time for members only in the Gladstone House. Approval is recommended with the usual conditions. b. Councilman Greavu Seconded by Councilman Wiegert. ve the Beer and Set -up Li versary celebration to be Ayes - all. 6. Request for Relocation of Fire Hydrant - Petition Dec- a. Manager Miller stated staff has received a petition from the property owners in the area of the residence of Mrs. Melvin Henning (1714 Edgemont Street) requesting that the fire hydrant which has recently been installed on:the boulevard on the north side of the Henning lot be removed and placed farther to the east with no additional assessment to the property owners. They state that the "hydrant detracts from the appearance of the Henning yard; Vnere if moved eastward would be screened by planting of evergreens." They also state that the hydrant will interfere with the parking for visitors. The hydrant was placed at the high;.point of the line as request- ed by the St. Paul Water Department in conjunction with a recent water project. The hydrant has a function other than that normally given to hydrants for fire protection in that it was placed in this position in - 24 - 11/4 lieu of a pressure relief valve which must be at the high point of the line. Such a relief valve would have required a manhole and an extension above the ground which would have been more unsightly than the fire hy- drant and considerably more expensive. We have been in communication with the water department, and they agree that the hydrant could be moved a few feet without a detrimental effect. The hydrant is presently on the boulevard adjacent to the rear lot of Mrs. Henning's property. Staff suggests that an evergreen be planted by the hydrant if the occupant de- sires a hydrant be obscured from her home. The cost of moving the hy- drant would be approximately $550.00. It is recommended that the hydrant not be moved without assessing it against the property owners themselves. It would appear that the most desirable method would be the planting of the evergreen. The petition also mentions tunneling in one instance and ; and not for others. All trees on the project were saved and the contract- or decided he would rather tunnel under the specific ones rather than to remove or replace them. The contract was bid and awarded.on the basis of the number of feet of pipe laid and no additional expense was incurred by the contractor deciding to tunnel under one area. b. Mrs. Henning spoke on behalf of the petition and she also requested the petition be read. c. Manager Miller read the following petition: "I hereby petition that the fire hydrant placed in the center of the boulevard adjoining the Henning lot be removed and placed farther to the east, and no additional assessment be added to what the assessment already is for city water being put through this area. This hydrant detracts from the appearance of the Henning yard, where if moved eastward would be screened by a planting of evergreens. Also, this hydrant would interfere with parking for visitors. The Clyde Brown trees and driveway were tunneled under in order to save their trees. Workmen worked until nine - thirty at night to finish this. What was done for one resident should have been done for all. ". d. Councilman Greavu moved to table the request for hydrant and directed__ staff to contact the St. Paul W further information. Seconded by Councilman Haugan. Ayes - all. 7. Assessment - Cancellation L ■ ai Manager Miller stated staff recommends that the deferred assessment against the property owned by Frank Sailer (915 Parkway Drive) for the construction of Water Improvement No. 3 in the amount of $2,192.97 be cancelled. We have reviewed the case and can find no benefit accrued to Mr. Sailer's property and it is not known why this was initially placed on the roll. It would appear that it may have been an error. b. Councilman Greavu introduced the following resolution and moved its adoption: - 25 - 11/4 71 -11 -263 WHEREAS, pursuant to resolution 64 -9 -222 of the Village Council of Maplewood, Minnesota, adopted September 9, 1964, the special assessments for the construction of Water Improve- ment #3 -- Projects 1 and 2 were levied against property des- cribed by County Auditor's Code No. 57- 2850- 140 -00; and WHEREAS, $2,192.97 of the aforesaid assessment, repre- senting a deferred assessment was levied in error; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Water Improve- ment No. 3 - Projects 1 and 2 against the property described by County Auditor's Code No. 57- 2850 - 140 -00 be correctly cer- tified to the Auditor of Ramsey County by deleting therefrom the amount of $2,192.97. Seconded by Councilman Haugan. Ayes - all. 8. Hearing Dates - Street Vacations a. Connor(between Duluth and T. H. 61 1. Manager Miller stated staff had received a petition requesting vacation of Connor Street between Duluth and Trunk Highway 61. December 2, is the date suggested for a public hearing. 2. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 11 - 264 Notice is hereby given, that the Maplewood Village Council at its meeting of Thursday, December 2, 1971 at 7:50 P.M, in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue, Maplewood, Minnesota will consider and publicly hear remarks regarding a petition to vacate that portion of Connor Street between Duluth Street on the east and Trunk Highway 61 on the west and a portion of the unimproved service drive adjacent to the east side of Trunk Highway 61 and immediately south of .Connor Street (also an unimproved street). Any persons having interest in this matter are invited to attend and be heard. Publish November 17, 1971. Seconded by Councilman Haugan. Ayes - all. b. Kennard Street (between Cope and T.H. 36) 1. Manager Miller presented a resolution requesting Council to in- itiate a public hearing for vacating a portion of Kennard Street between Cope Avenue and Trunk Highway 36. December 2, 1971 is the date suggested for a public hearing. 2. Councilman Greavu introduced the following resolution and moved its adoption: - 26 - 11/4 71 - 11 - 265 WHEREAS, there is a 30 foot wide street between T.H. 36 and Cope Avenue which is known as Kennard Street; and WHEREAS, said street is unimproved; and WHEREAS, said street deadends at its northerly termini point with T.H. 36; and WHEREAS, said street is not utilized for public street traffic purposes; and WHEREAS, said street does not have the minimum required right - of -way for a local street under Chapter 1001 of the Maplewood Munic- ipal Code; and WHEREAS, said street does not deprive any abutting property of local street access; and WHEREAS, it appears that there is reasonable cause for the Maple - wood Village Council to initiate a public hearing for the purpose of hearing public remarks concerning the possibility of vacating said portion of Kennard Street between Cope Avenue and T.H. 36; NOW, THEREFORE, BE IT RESOLVED THAT THE MAPLEWOOD VILLAGE COUNCIL hereby established December 2, 1971 at 7:30 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue, Maplewood, Minnesota as the date, time, place, and location for conducting a public hearing regarding the vacation of Kennard Street between Cope Avenue and T.H. 36. Seconded by Councilman'Wiegert. Ayes all. c. Hazel Street ( Larpenteur to Price) 1. Manager Miller presented a resolution requesting Council to in- itiate a public hearing for vacating a portion of Hazel Street from Larpenteur Avenue to Price Avenue. December 2, 1971 is the date suggested for a public hearing. 2. Councilman Wiegert introduced the following resolution and moved its adoption: 71 - 11 - 266 WHEREAS, the vacation of Hazel Street between Price Avenue and Larpenteur Avenue has been requested, and WHEREAS, the Village Council is desirous of holding a public hearing on the aforesaid street vacation, NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD, MINNESOTA does hereby set a public hearing to be held in the Council Chambers of the Village Hall at 1380 Frost Avenue, - 27 - 11/4 on Thursday, the 2nd day of December at 8:00 P.M. to consider said vacation. The notice of said public hearing shall be in substantially the following form: NOTICE OF HEARING ON PETITION TO VACATE STREET Notice is hereby given that a public hearing by the Village Council of the Village of Maplewood is hereby set for the 2nd day of December, 1971 at 8:00 P.M. at the Village Hall, 1380 Frost Avenue at which time all persons wishing to be heard for or against the vacation of Hazel Street between Larpenteur Avenue and Price Avenue will be heard. Dated this 4th day of November, 1971. Publish November 17, 1971. Seconded by Councilman Greavu. Ayes - all. 9. 1971 Audit - Agreement a, Manager Miller presented an agreement from the DeLaHunt Company to carry out the 1971 Village audit. Prices have increased over the 1970 audit contract. Staff recommends that this is a most economical and qualified company to do the audit, and that the Mayor be authorized to sign the contract subject to two conditions: (1) The number of copies for both the report and the comments of the audit be changed from 6 to 10 copies; (2) The audit be completed by May 31, 1972 and the audit and data procedures be compiled so as to help the staff in the preparation of the financial statement. b. Councilman Greavu moved to authorize the Mayor to enter into a with the DeLaHunt Company to perform the 1971 audit including the Seconded by Councilman Wiegert. Ayes - all. c. Council instructed Staff to investigate the costs of having an audit by the State Public Examiner. d. Manager Miller requested authority to retain the DeLaHunt Company to help in updating the Village bonded indebtedness and the construction project tiles. These files at the present time are very hard to work with during the auditing time. e. Councilman Haugan the DeLaHunt ComDanv the Seconded by Councilman Greavu. Ayes - all. 10. Ordinance - Disorderly Conduct e a. Manager Miller stated the proposed ordinance is recommended which will bring the Municipal Code into line with State Legislation passed during the 1971 Legislative session. - 28 - 11/4 b. Councilwoman Olson introduced the following ordinance and moved its adoption: (First Reading) ORDINANCE NO 300 An Ordinance Concerning Disorderly Conduct As Contained In Chapter 1202 Of The Maplewood Municipal Code Seconded by Councilman Wiegert. Ayes - all. 11. Street and Sidewalk Construction - Ordinance a. Manager Miller stated the present Village Code provisions relating to street and sidewalk construction are out of date with existing practices. The proposed ordinance will bring Village procedures in line with the latest procedures. It is recommended the ordinance be placed on first reading. b. Following discussion, Councilwoman Olson introduced ordinance relating to Street Construction and eliminatin section of the ordinance and moved its adoption: (First ORDINANCE NO. 301 An Ordinance Concerning The Construction Of Streets And Roadways Seconded by Councilman Greavu. Ayes - all. 12. Certification of Election Results a. Manager Miller presented two resolutions (1) Certification of Election Results and (2) Acceptance of Election Judges and requested adoption by the Council. b. Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 11 - 267 RESOLVED, that the Village Council of the Village of Maplewood, Ramsey County, Minnesota acting as a canvassing board on November 4, 1971, hereby certifies the following results of the November 2, 1971 Village General Election: Councilmen: Charles Brady - - - - -- 1318 John C. Greavu - - - -- 1848 Ronald L. LaCouture- 1305 Donald J. Wiegert -- 1783 Seconded by Councilman Haugan. Ayes - all. - 29 - 11/4 c. Councilwoman Olson introduced the following resolution and moved its adoption: 71 - 11 - 268 RESOLVED, that the Village Council of Maplewood, Minnesota accepts the following list of Election Judges for the 1971 Village General Election, November 2, 1971: Precinct No. 1 Mary Libhardt - Chairman Sylvia L. .Brown Delores J. Burke Gertrude Everhart Precinct No. 2 Violet M. Gutterman - Chairman Bea Hendricks Patricia M. Thompson Kathleen P. Kittel Precinct No. 3 Ann M. Fosburgh - Chairman Jeanne L. Schadt Doris L. Broady Janet Kampf Precinct No. 4 Caroline M. Warner - Chairman Jean Kittelson Marjory L. Tooley Emma Klebe Precinct No. 5 Jeanne Hafner - Chairman Rose G. McShane Sibbie Sandquist Kay Craig Seconded by Councilman Wiegert, COUNCIL PRESENTATIONS Precinct No. 6 M. Kathleen Zappa - Chairman Marian Moe Marcella Molohon Precinct No. 7 Margaret Z. Wolzon - Chairman Mrs. Theodore Haas Eleanor Meacham Yvonne Bell Precinct No. 8 Lillian I. Olson - Chairman Marie Lindahl Mrs, Audrey Ellis Mrs. Victor Swanson Precinct No. 9 Ida Szcepanski - Chairman Dorothy L. Johnson Mary D. Johnson Precinct No. 10 Delores Lofgren - Chairman Nadine Germann Delores M. Fitzgerald Mildred Iversen Ayes - all. 1. Mayor Axdahl stated Council had requested staff to set a date, acceptable to everyone involved, in regard to a meeting about County Ditch 18. Should we decide what kind of an agenda should be proposed, what subject matter would be covered and how to approach it. I. NEW BUSINESS (continued) - 30 - 11/4 1, Rezoning Request - Shoppers City (continued) a. Councilman Wiegert moved to remove Item I -1 from being tabled for discussion. Seconded by Councilman Greavu. Ayes - all. b. Manager Miller presented Council with a letter from Melvin Roth, President of Shoppers City, requesting that the Village initiate a re- zoning of the Shoppers City property from Business - Commercial to Shopping Center. Mr. Roth indicates that he does not feel that he can get the re- quired signatures of 50% of the property owners within 200 feet. The reason for the request is that the shopping center classification provides for less restrictive parking requirements. It is suggested that the Council initiate the rezoning request with the conditions that Shoppers City agrees to pay all of the costs of the rezoning procedure and that a plan for the area, including parking, be submitted for consideration. If this action should be taken it should be done with the understanding that the Council has no obligation as to their final decision. c. Mr. Roth spoke in behalf of his request. d. Councilwoman Olson introduced the following resolution and moved its adoption: (Setting a hearing date for November 30, if possible, other- wise December 2, 1971) 71 - 11 - 269 Notice is hereby given, that the Maplewood Village Council meeting of Thursday, December 2, 1971 at 9:15 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue, Maplewood, Minnesota will consider and publicly hear the request for a zone change in district use application sponsored by the Maplewood Village Council for: ZONE CHANGE: ZC -9 -71 from Business Commercial District (BC) to Shopping Commercial District (SC) PROPOSED REZONE AREA: All that unplatted land subject to Larpenteur Avenue, North St. Paul Road, Hazel Avenue, and VanDyke Streets, and except part of the South 233 ft. East of the West 103 ft, and West of the East 33 ft, thereof part of the East 1/2 of the SW 1/4 of the SW 1/4 SELY of the original NWLY Line of Said Road and part of the NW 1/4 of the SW 1/4 SE of said road and SWLY of Hazel Street in Sec. 14, T29, R22, Ramsey County, Minnesota More commonly defined and described as: Zayre - Shoppers City, and addressed as: 1740 VanDyke Avenue, Maplewood, Minnesota. ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND AND BE HEARD -- Village of Maplewood, Minnesota Seconded by Councilman Wiegert, Ayes - all. - 31 - 11/4 J COUNCIL PRESENTATIONS (continued) 2. Mayor Axdahl stated everyone had a copy of a letter from Mr. Clarence Harris regarding a meeting between the Highway Department, Village Officials, School Board, residents, etc., which he has arranged for November 9 regard- ing Gervais Avenue. Manager Miller stated the Planning Commission has adopted a resolution asking Council if they wished them to attend the meeting of November 9, represent- ing the Village. Staff asks the same question. Mayor Axdahl stated Council has received a petition from the school board suggesting jointly petitioning the Minnesota Highway Department to reconsider its entire plans for Highway 36, and oppose any interchange at Highway 36 and Hazelwood. Mayor Axdahl suggested that there maybe other factors besides an interchange or upgrading of Highway 36 and Hazelwood which could effect the traffic. Mayor Axdahl wonders if Council should attend as a Council or as citizens. Because Council has not established a policy regarding this matter, they should attend as citizens. After considerable discussion, it was felt that the Staff, Council and Planning Commission should attend the meeting only to answer questions that they can as no policy regarding this upgrading has been reached. Councilman Wiegert moved to request the Staff to attend the meeting of N ember 9. those who find it Possible to attend. and be Preuared to answer questions they find possible; the same request should be made of the mem of the Planning Commission and the Human Relations Commission . Seconded by Councilman Greavu. Ayes - all. 3. Councilman Haugan stated Roseville has published a very nice news letter and wondered how soon Maplewood could get one out. Manager Miller stated the Staff is working on it. 4. Councilwoman Olson stated in the Planning Commission minutes there was a report about the road of the Forest Green Project. Is this going to be a construction road or an access road? Council stated an access road. K ADMINISTRATIVE PRESENTATIONS 1. Manager Miller stated he has received a letter from William R. Howard (931;E. County Road C) requesting that the Council revise its motion regarding his deferred assessment. Mr. Howard would like his motion to be phrased the same as Mr. Donald McClellan, 961 E. County Road C. Councilman Wiegert moved to refer Mr. Howard's request back to staff to investigate. Seconded by Councilman Haugan. Ayes - all. - 32 - 11/4 2. Manager Miller stated the meeting that was scheduled for November 10, 1971 regarding the "Open Space Program" has been cancelled. 3. Manager. Miller stated he had, received a resolution from the Maplewood Jaycees regarding the intersection of Frost and Prosperity. They urge the Village and the County to approve "the construction of a guard rail at the southwest corner of the intersection of Frost and Prosperity Avenues, to protect the safety of spectators and participants at the softball facility at Wakefield Park ". A copy of the resolution is submitted. This is a Ramsey County responsibility. Councilman Greavu moved to direct staff to contact Ramsey County regarding the Maplewood Jaycee`s request. Seconded by Councilman Wiegert. Ayes - all. 4. -Manager Miller presented Council a letter from Moose Lodge No. 963 re- garding the status of the discrimination ordinance. Councilman Greavu moved that copies of the letter be forwarded to the Human Relations Commission and request they submit a report. Seconded by Councilman Wiegert. Ayes - all. 5. Manager Miller presented a report on the work completed and the amount of work left to be done at 380 E..Skillman. The Building Official feels that only a minox part of the cost of the work has been expended and that the 90 day extension limitations will expire before the work is completed. A letter and a copy of the report has been sent to Mr. Hobbs and also to Twin City Federal Savings and Loan. Mr. Hobbs has used materials which were available to him and hasn't actually spent a lot of money in repairs. Councilman Wiegert moved to instruct the Manager to write a letter to Mr. Hobbs informing him the Council has seen the report and has concern as to whether he will be able to comply within the original 97 days. Seconded by Councilman Greavu. Ayes - all. 6. Councilwoman Olson read a statement regarding Beebe Road and opening of the construction road. She wondered what "at this time" meant. The Manager stated it meant "until advised otherwise ". 7. Manager Miller stated staff had been adivsed to give a break dorm on the deferred assessments for the Sarrack property. A map was passed out showing a break down in the footage involved in it. Mrs. Sarrack felt she should have a continuation of her deferred assessments because she couldn't sub - divide the land and split it into three lots because of deed restrictions. Council. did approve the split subject to the working out, legally, of the private convenants. The deferrment has been passed upon by the Village and has been certified. The sewer is stiII required past the property, whether it is serv- ing one or three homes. Council would like to see how the deferred assessment amount was originally arrived at. - 33 - 11/4 8. Manager Miller presented a letter from the Ramsey County League concerning. l a meeting regarding the recording of plats at Ramsey County.. Staff believes they have now worked the matter out in that the County Auditor's Office has agreed to refer persons wishing to split property of less than 5 acres back to the municipality in which the proposed split is located if evidence cannot be shown that the split has been approved by the municipality. This means that the split then cannot be recorded. 9. Manager Miller stated the Finance Director has submitted a report on the 1970 Audit. If there are any questions Staff will be glad to answer them. There will be a resolution prepared for Council. 10. Mayor Axdahl asked if the staff was in the process of trying to pick up the sewer charges from the other Villages. Manager Miller stated this was being negotiated with the other communities. 11. Mayor Axdahl stated one item he failed to mention, the Human Relations Commission minutes have a resolution regarding the Gervais Avenue Study. One of the "where as the Gervais Avenue study was based on the transportation and construction of the shopping center and other industrial facilities which are planned or about to be planned " - -is this really an accurate way of putting this. Manager Miller stated there had been a meeting with Staff, Highway Department, and Human Relations Commission and it was pointed out this was not a major factor in Gervais Avenue. In actuality the traffic counts for Hazelwood were not affected drastically by the shopping center itself. This appears to be one of the rumors Mr. Harris was speaking of. Mayor Axdahl suggested that a question should be directed to the Human Relations Commission to background the resolution that they did put in their minutes. Manager Miller stated staff will be asking the Human Relations Commission for further comments before the meeting of December 9. Mayor Axdahl instructed Staff to do so. L. ADJOURNMENT 11:25 P.M. City Clerk - 34 - 11/4 PART I FEES - SERVICES - EXPENSES ACCOUNTS PAYABLE NOVEMBER 4, 1971 ITEM NO. CHECK NO. CLAIMANT PURPOSE AMOUNT 1. 14536 Minn. State Treas. PERA 10/8/71 remittance $ 1,537.05 2. 14537 Minn. State Treas. PERA 10/8/71 remittance 2,545.87 3. 14538 Gerald Neuspickle Uniform allowance 17.80 4. 14539 City and CountyCredit Union 10/22/71 remittance 1,220.00 5. 14540 Int. Union of Opr. Eng. -49 Oct. dues 84.00 6. 14541 Moose Lodge Rental- Rec. Dept. 25.00 7. 14542 Lais & Bannigan July legal fees 880.00 8. 144543 Lais & Bannigan Legal fees- Constr. 400.00 9. 14544 Anthony H. Jungmann and Theresa Jungmann Property- Park Dept. 500.00 10. 14545 Warner Hardware Co. Supplies 1.59 11. 14546 Advance Stamp Works, Inc. Supplies 6.59 12. 14547 Twentieth Century Printing Supplies 97.00 13. 14548 Metcalf - Mayflower Services 75.00 14. 14549 Hillcrest Electric Repairs 28.98 15. 14550 Twin City Filter Service Maintenance 16.15 16. 14551 Mac Arthur Co. Supplies 29.75 17. 14552 Twentieth Century'Printing Supplies 19.94 18. 14553 Motorola C & E Maintenance 129.70 19, 14554 Hauenstein & Burmeister Repairs 80.69 20. 14555 Northwestern Tire Co. Tires 92.40 21. 14556 Dons Body Shop Repairs 200.00 22. 14557 Metcalf- Mayflower Services 2.00 23. 14558 Kadlac Auto Service Repairs 366.00 24. 14559 Holiday Gasoline 921.87 25. 14560 Hauenstein & Burmeister Repairs 13.70 26. 14561 Uniforms Unlimited Uniform items- CD 31.95 27. 14562 Holmdahl Painting Services 60.00 28. 14563 Creative Rupper Stamp Co. Supplies 13.60 29. 14564 Sta -Vis Oil Co. Supplies 91.26 30. 1.4565 Homelite Repairs 94.20 31. 14566 Ziegler Inc. Supplies 8.82 32. 14567 Gopher Stamp & Die Co. Signs & signals 126.14 33. 14568 Fleet Supply & Machine Co. Tools 22.88 34. 14569 MB Supply Signs & signals 24.31 35. 14570 Lees Auto SuRiy Supplies 5.00 36. 14571 Oxygen Service Co. Fuel 16.20 37. 14572 Midway Ford Repairs 111.75 38. 14573 MacQueen Equipment Repairs 31.05 39. 14574 Hall Equipment Repairs 30.64 40. 14575 Semple House Movers Services 150.00 41. 14576 A & C Johnson Co. Maintenance 32.60 42. 14577 Goodin Co. Maintenance supplies 18.50 43. 14578 Maplewood Foods Supplies 19.08 44. 14579 Satellite Services 35.00 45. 14580 Radio Shack Tools 31.90 11/4/71 ITEM NO, CHECK NO. CLAIMANT 46. 14581 Muntean's 47. 14582 Wholesale Lighting 48. 14583 Instant Shade Inc. 49. 14584 Batzli Electric 50. 14585 Viking Electric 51. 14586 Lais & Bannigan 52. 14587 HNTB 53. 14588 Chapin Publishing 54. 14589 Creative Rubber Stamp Co. 55. 14590 T. A. Schifsky & Sons 56. 14591 Jon Fosselman 57. 14592 Gary Egan 58. 14593 Francis Koreltz 59. 14594 t-dayne Durhand 60. 14595 Thomas Arth 61. 14596 Paul Cardinal 62. 14597 Frank Anderson 63. 14598 William Shisler 64. 14599 Cleo Lundquist 65. 14600 Kathleen Ferrazzo . 66. 14601 Team Electronics 67. 14602 Twin City Hardware 68. 14603 Weber Electric 69, 14604 Lake Sanitation 70. 14605 Void 71. 14.606 Northwestern Tire Co. 72. 14607 Twin City Hardware 73. 14608 Terrace Auto Supply 74. 14609 Emergency Vehicle Supply 75. 14610 Herb Tousl.ey Ford 76. 14611 Gladstone Conoco 77. 14612 Maplewood Sewer and Water 78. 14613 White Bear Dodge Inc. 79. 14614 3M Company 80. 14615 Lees Floor and Janitor 81. 14616 Fleet Supply & Machine 82. 14617 G. M. Steward Lumber Co. 83. 14618 Weber & Troseth Inc. 84. 14619 Twin City Candy & Tobacco 85. 14620 J. L. Shiely Co. 86. 14621 Ashbach Aggregates 87. 14622 T. A. Schifsky & Sons 88. 14623 Lake Sanitation 89. 14624 Northwestern Bell Telephone 90. 14625 Northwestern Bell Telephone 91. 14626 Northwestern Bell Telephone 92. 14627 Eugene R. Murray 93. 14628 James Embertson 94. 14629 B & E Patrol Inc. 95. 14630 Lais & Bannigan 96. 14631 Lais & Bannigan 97. 14632 Briggs and Morgan 98. 14633 Briggs and Morgan 99. 14634 Juran & Moody, Inc. PURPOSE Supplies Supplies Relocate trees Maintenance Supplies Legal services- 70 -05 Eng. Serv. Publication Supplies Equipment rental Official Official Official Official Official Official Official Official Supervisor Supervisor Supplies Hardware Services Services Tires Repairs Repairs Repairs Repair s Repairs Repairs Repairs Supplies Services Supplies Supplies Supplies Supplies Materials Materia is Equipment rental Services 777 813151 777 8191 777 8131 Oct. Retainer Oct. Retainer Oct. Contract Legal service Legal service Bond attorney Bond attorney Fiscal agent fee fee fee fee 11/4/71 AMOUNT 139.20 19.92 2,000.00 608,20 4.09 2,680.20 10,736.57 22.80 4.50 636.01 48.75 61.25 32.50 24.00 20.50 12.00 8.00 4.00 34.13 31.50 106.32 33.75 145.00 24.50 134.94 12.00 40.17 16.30 66.17 523.70 456.65 1,213.41 102.00 54.20 18.68 42.40 43.05 8.00 460,58 274.72 48.00 96.00 45.00 66.56 698.92 702.00 33.00 516.00 105.00 115.00 870.00 500.00 7,530.00 ITEM NO. CHECK NO. CLAIMANT PURPOSE AMOUNT °^ $ 306.82 -1 100. 14635 Tabulating Service Bureau Services 101. 14636 McHutchison- Norquist -Wedes MD Services 90.001 102. 14637 Bd. of Wtr. Commissioners Utilities 2.30 103. 14638 James C. Baht Oct. inspection fee 261.00 104. 14639 J. G. Chisholm Oct. inspection fee 316.00 105. 14640 Metropolitan Sewer Board Nov. sewer rental 23,879.19 106. 14641 Twentieth Century Printing Supplies 73.35 107. 14642 Norman L. Green Uniform allowance 17.04 108. 14643 Frank Sailer Reimbursement 29.00 109. 14644 William Meath Weed cutting service 45.00 110. 14645 Houle Sewer & Trenching 71 -3 - Est. No. 2 23,494.23 111. 14646 American National Bank Sewer Bonds dtd 6/1/61 3,308.25 112. 14647 American National Bank Cons. Bds dtd 12/1/64 68,093.78 113. 14648 American National Bank Str. Bds dtd 12/1/64 15,983.66 114. 14649 American National Bank G.O. Bds dtd 12/1/65 57,890.76 115. 14650 American National Bank G.O. Bds dtd 12/1/66 53,568.71 13.6. 14651 Northwestern National Bk. -Mpls. G.O. Bds dtd 12/1/68 27,760.55 117. 14652 First National Bank- St.Paul G.O. Bds dtd 12/1/69 60,201.38 118. 14653 American National Bank G.O. Bds dtd 12/1/70 28,729.14 119. 14654 Donald Campbell Engineering 506.00 120. 14655 Superamerica Maintenance 51.38 121. 14656 Norman L. Green School expenses 1.50 122. 14657 David Arnold School expenses 1.50 123. 14658 Howard A. Kuusisto Engineering 71 -10 149.20 124. 14659 Howard A. Kuusisto Engineering 1,152,061 125. 14660 Howard A. Kuusisto 71 -3 8,466.20 126. 14661 Howard A. Kuusisto Engineering 10,932. 127. 14662 Shafer. Contracting Co.,Inc. 70 -5 Est. No. 4 194,160.221 1 128. 14663 HNTB Engineering fee 70 -5 117,002,03 129. 14664 Flicek Sporting Goods Supplies 34.00 Check No. 14536 through Check No. 14664 Check No. 14335 dated 10/7/71 $3,204.95 VOID ;i \I y TOTAL PART I 11/4/71 $738,982.38 PART II PAYROLL ITEM NO. CHECK NO. CLAIMANT AMOUNT 1. 3206 Vivian R. Lewis $ 202.50 2. 3207 Michael G. Miller 552.04 3. 3208 Donald W. Ashworth 364.16 4. 3209 Lucille E. Aurelius 266.49 5. 3210 Kenneth J. Casper 223.77 6. 3211 Judy M. Chlebeck 172.01 7. 3212 Phyllis C. Green 185.26 8. 3213 Arline J. Hagen 205.19 9. 3214 Betty D. Selvog .170.30 10. 3215 Lydia A. Smail 146.77 11. 3216 Charles E. Anderson 301.84 12. 3217 David L. Arnold 310.46 13. 3218 John H. Atchison 292.78 14. 3219 Anthony G. Cahanes 356.48 15. 3220 Dale K. Clauson 265.01 16. 3221 Kenneth V. Collins 338.32 17. 3222 Dennis S. Cusick 341.32 18. 3223 Dennis J. Delmont 299.12 19. 3224 Robin A. DeRocker 302.72 20. 3225 Richard C. Dreger 290.26 21. 3226 Raymond E. Fernow 277.10 22. 3227 Patricia Y. Ferrazzo 224.33 23. 3228 David M. Graf 285.92 24. 3229 Norman L. Green 331.48 25. 3230 Thomas L. Hagen 395.65 26. 3231 Kevin R. Halweg 213.05 27. 3232 James T. Horton 275.02 28. 3233 Donald V. Kortus 187.14 29. 3234 Roger W. Lee 290.99 30. 3235 John J. McNulty 309.82 31. 3236 Richard W. �•Ioeschter 276.42 32. 3237 Robert D. Nelson 321.21 33. 3238 William F. Peltier 233.17 34. 3239 Gerald E. Neuspickle 779.14 35. 3240 Dale E. Razskazoff 215.73 36. 3241 Richard W. Schaller 440.64 37. 3242 Robert E. Vorwerk 237.44 38. 3243 Duane J. Williams 281.55 39. 3244 Joel A. White 106.29 40. 3245 Joseph A. Zappa 367.22 41. 3246 Donald W. Skalman 262.72 42. 3247 Pamela J. Schneider 150.02 43. 3248 Marcella 14. Mottaz 171.92 � 44. 3249 Alfred C. Schadt 350.75 45. 3250 Frank J. Sailer 134.37 11/4/71 11/4/71 ITEM NO. CHECK NO. CLAIMANT AMOUNT 46. 3251 Bobby D. Collier $ 549.85 47. 3252 William C. Cass 323.23 48. 3253 Raymond J. Hite Jr. 414.22 49. 3254 Calvin L. Jansen 248.35 50. 3255 Janet A. Rois 169.50 51. 3256 Thomas J. Sanders 172.37 52. 3257 Bernard A. Kaeder 298.18 53. 3258 Raymond J. Kaeder 276.44 54. 3259 Henry F. Klausing 237.95 55. 3260 Gerald W. Meyer 249.75 56. 3261 Joseph W. Parnell 236.95 57. 3262 Arnold H..Pfarr 305.82 58. 3263 Joseph B. Prettner 383.80 59. 3264 Edward A. Reinert 259.26 60. 3265 Greg J. Bailey 168.39 61. 3266 Myles R. Burke 250.22 62. 3267 Herbert R. Pirrung 333.89 63. 3268 Stanley E. Weeks 255.58 64. 3269 David Germain 178.50 65. 3270 Kevin B. McNulty 89.19 66. 3271 Frank R. Kirsebom 300.31 67. 3272 Anthony T. Barilla 426.10 68. 3273 Richard J. Bartholomew 275.63 69. 32.14 Laverne S. Nuteson 223.51 70. 3275 Gerald C. Owen 296.74 71. 3276 Thomas C. Rowan 168.39 72. 3277 JoAnn C. Christensen 167.73 73. 3278 John P. Joyce 345.52 74. 3279 Eric J. Blank 220.74 75. 3280 Bailey A. Seida 422.64 76. 3281 Lester G. Axdahl 169.43 77. 3282 John C. Greavu 138.48 78. 3283 Harald L. Haugan 130.68 79. 3284 Patricia L. Olson 130.68 80. 3285 Donald J. Wiegert 130.68 81. 3286 Clifford J. Mottaz 222.81 Check No. 3206 through Check No. 3286 TOTAL, PART II $21,877.40 Check No. 14536 through Check No. 14664 TOTAL PART I $738,982.38 SUM TOTAL $760,859.78 11/4/71