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HomeMy WebLinkAbout03-02-1972AGENDA Maplewood Village Council 7:30 P.M., Thursday, March 2, 1972 Municipal Administration Building Meeting 72 - 6 CALL TO ORDER ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes No. -72 -5 (February 17) (D) PUBLIC HEARINGS 1. Liquor License Suspension - House of Liquors (2697 White Bear Avenue) 2. Special Use Permit (Excavation) - North of Beam Avenue and west of TH 61 (Continued) 3. Pond Area Improvement - Beam Avenue improvement project (8:00 P.IR.) E) AWARDING OF BIDS - None (F) APPROVAL OF ACCOUNTS (G) _ VISI_TOOR PRESENTATIONS �- 1. Maplewood Junior Chamber of Commerce - Survey result presentation 2. Other 1. _ »fanned Unit Development - Southwest corner Lakewood Drive and Stillwater- Road (Inland Construction Co.) 2. Snowmobile Regulation - ordinance No, 310 (second -reading) 3. Fire Zones - Ordinance No. 311 (second reading) 4. Auction Licenses - Ordinance No. 312 (second reading) 5. Appointments - Planning Commission 6. Sewer Charges (I:ar_ge Services) - Ordinance correction 7. Michael Lane Park 8. Storm Sewer Improvement (Gladstone Area) - Hearing date 9. Street Improvement (Beam Avenue) - Supplemental agreements 10. Comprehensive Water and Sanitary Sewer Studies - Agree- ments 11. Ditch Improvement (Battle Creek) - Joint powers agreement (I) NEW BUSINESS 1. Sign Permit Request - Forest Green 2. Non - Intoxicating halt Liquor Licenses (Superamerica)c a. 1750 White Bear Avenue b. 11 Century Avenue 3. Building Plan Review - Supermarket (Cope Avenue) 4. Lot Divisions 5. Joint. Use Rental Agreement (Metropolitan Sewer Board) - Renewal 6. Street Improvements (Conway Avenue) (J) COUNCIL PRESENTATIONS (K) ADMINISTRATIVE PRESENTATIONS (L) ADJOURNMENT �X 9 ADDENDUI+I TO THE AGENDA Meeting 72 - 6 I T E M D -1* On the evening of October 23, 1971 a Maplewood Police Officer observed an underage individual purchase four cases of strong beer and four bottles of wine at the House of Liquors located. at 2697 White Bear Avenue. The youth and a passenger in his vehicle were arrested and plead guilty in court. They iden- tified Mr. J. Carle, the licensee, as the person who made the �C sale. Mr. Carle was charged with the sale of liquor to a minor, plead guilty and was fined $300.00. The Village Code provides that "Any license granted hereunder may be revoked or suspended for violation of any provision of this ordinance or of the Liquor Control. Act of the State of Minnesota ... and "off -sale° license may be revoked or suspended by the Village Council or by the State Liquor Commissioner. No license here- under shall be revoked or suspended until the Council has held !:x5 a public hearing pursuant to ten (10) days notice to the licensee and no suspension may exceed sixty (60) days." The Village Code also provides that an "off- sale" licensee pro- vide a bond in the amount of $1,000. when securing a license and "That in the event of any violation of the provisions of any law relating to the business for which the license has been granted for the sale of intoxicating liquor, such bond shall_ be forfeited to the municipality in which such license was issued." The licensee has requested that he be allowed to pay the $1000. in lieu of the forfeiture of the bond. Our legal staff has previously stated that this is an accept- able procedure. The licensee has had previous verbal warn- ings from the Police Department, but no liquor violations. A 15 day suspension has been the standard method of dealing with such violations. D -2* Members of my staff are meeting with Mr. Finneman :regarding the conditions which I outlined in your last addendum. I will have a report at the council meeting. We do feel that . a certification from the Minnesota. Department. of Conservation (item number 14) regarding the pollution hazard for Kohlman Lake would be extremely difficult to get. I would suggest that this condition be reworded to the affect that the appli- cant must provide certification from the Ramsey County Board of Commissioners that the operations do not present a pollution hazard to Kohlman Lake. It is assumed that Ramsey County could possibly require the applicant to take actions to guarantee that pollution will not take place as a condition to giving such certification; however, this condition appears to be in line with the Council's actions in the past to avoid future treatment costs of of runoff water as per the County .resolution. I would also suggest that condition number seven be reworded to read "in the case of a transfer of ownership of all or any part of said property the new owner or owners shall. agree to the conditions of the permit in writing prior to the transfer of the special use permit to said new owner or owners." This hearing is being held for the total cost of the pond improvement between Beam and County Road C. The project cost. will be added into the Beam Avenue improvement and bonds issued for the project this spring. The ponding area project was added to the Beam Avenue project to meet the County drain- age requirements. Without this hearing the improvement cannot be bonded. G -1 I was contacted by the Maplewood Junior Chamber of Commerce and asked to place them on the agenda for the submission to you the results of a survey which they have 'taken. H -1* You have received copies of a letter from Inland Construction dated February 24 in which they give their views relative to the staff and Planning Commission conditions which were originally proposed. Copies of those conditions are enclosed for your review. The staff has no further comment relative to the conditions other than the fact that the staff did not feel. that right -of -way for street purposes to the south of the development is necessary. The Village Attorney will com- ment relative to the procedures involved in the adoption of these conditions and the 36 -month delay in the construction of one of the apartment buildings. H -2'* Enclosed is a copy of an ordinance worked up by the Village Attorney and the Director of Public Safety. Basically it provides for variances from the snowmobile regulations by the Director_ for special events of organizations. I might also point out that changes in the curfew regulations would, even with specified trails, apply to the entire Village and not simply to those trails. H -3* This ordinance delineates different types of fire zones in the community for the purposes of the State Building Code. H- At the time of this writing the Attorney is still working on the preparation of this ordinance. A copy will be enclosed in the agenda packet. H -3'* The Planning Commission has submitted the names of Duane Prew, Roy Wicklund and Charles Kent as candidates for the vacant position on the Commission. The applications of these three candidates was included in the agenda packet for the February 17 meeting. The appointment is to fill the unexpired term of Francis Dreawves which will expire on December 31, 1973. In addition the Village Code provides that the Coun &il will name the Chairman of the Commission. Lyman Combs is presently %i the Chairman. H - Due to an error in calculations regarding water quantity usage by large sewer services, the ordinance relative to sewer service charges has been found to be in error in many cases. A corrective ordinance is being prepared.which will result in lower sewer service rates for these services. -2 - H -7* The Parks and Recreation Commission has requested the input of the Council relative to its desires regarding the develop- ment of the Michael Lane Park. At this time we would suggest that the letter, which is enclosed, be referred back to staff for written comment. H -8* Enclosed is the feasibility report for the street and storm sewer improvements in the Gladstone Area. I would suggest that you review this carefully as it proposes quite an exten- sive program of improvement, much more so than in past pro- posals. It is felt that such improvements are necessary to alleviate the drainage problems in the area. A hearing date of April 13 is suggested. It is also suggested that the place of the hearing be established as the Gladstone School to better facilitate the crowd that we will probably have at the hearing. H -9* Two supplemental agreements to the Beam Avenue project are proposed. Supplemental agreement number five is for the construction of the base on Beam Avenue between Hazelwood and the railroad tracks in the amount of $117,550.00. The construction has been approved by the Council after a hear- ing, and the enclosed agreement is for adding the project at a negotiated price to the existing agreement. Supplemental agreement number six is for the construction of an outlet structure to the holding pond at Kennard and Beam Avenues in the amount of $26,335.00. Originally the outlet structure would have been a portion of the desilting basin which was to be constructed east of Kennard; however, that portion of the project was not constructed and it will be necessary to authorize the control structure for the project to permit flow into the main pond. The design of the structure is such that it may be utilized to convey flow to the east of the desilting basin if such basin is subsequently constructed. Acceptance of both, supplemental agreements is suggested. H -10* Five consulting firms have been interviewed regarding the comprehensive sewer and water studies. The firm of Kirkhan- Michael Company is recommended for the water study and Toltz, King, Duval and Anderson is recommended for the sewer study. The maximum cost for the water study is established at $28,000. as compared to a budgeted amount of $35,000.. The maximum figure for the sewer study is $25,000. as compared to a similar budgeted figure. It is felt that at this time the utility studies will compliment and parallel the final development of the land use plan. we are attempting to check on the status of our federal fund applications. It will probably be my recommendation to table the agreements for two weeks. 11-11* A joint powers agreement has been proposed for the purpose of providing "the means to contract for professional services for the purpose of investigating, studying and developing a plan to control flooding and flood damage within the Battle -3- Creek watershed drainage area." The agreement provides for the City of St. Paul to employ a consulting engineer at a maximum sum of $10,000. to prepare a plan for the area. Maplewood's share of the cost would be $2,850.00. Approval of the agreement is recommended. I -1* We have received a request from.McGl_ynn- Garmaker Company for permission to erect a sign at the corner of Beebe Road and Larpenteur Avenue for the Forest Green project. There had previously been such a sign at that location. The sign will be 4 --feet by 8 -feet and will have faces on both the east and west. The company has the permission of Fred Moore to install the sign. You will remember that it was this location which is mentioned for directional signs in the easement dedication of Beebe P.oad. The easement called for the allowance of directional signs or the cancellation of the easement.. I -2* The issuance of off -sale non - intoxicating malt liquor licenses does not normally require Council action; however, this is the first application which we have had from service stations. The Director of Public Safety is informing the applicants of their responsibilities concerning the sale of 3.2 percent beer. Approval of the applications is recommended. I -3 We would ask that this item be deleted. We may need more time for staff review. I - -4* The proposed lot division is located west of Century Avenue on Linwood Avenue. Denial of the proposed lot division is recommended due to the fact that it will create a "flag" lot, will establish a lot with 9,800 square feet (our minimum is 10,000 square feet) and a lot with a frontage of only 70 -feet. I -5* This is an annual contract between the MSB and the Village. The agreement provides for a $600. per mile maintenance charge to the MSB. Adoption is recommended. I -6* We have received a petition for the improvement of Conway Avenue at the intersection of McKnight Road and for 1,000 -feet easterly. The petition is signed by 3M and constitutes a 1000 ownership of abutting property. A hearing date of April 6 is recommended. In order to facilitate the project we would request that the Council at this time order the preparation of final plans for the project. K The Metropolitan Council will hold its regular semi - monthly meeting in the North Saint Paul Municipal Council Chambers on Thursday, March 9 at 7:30 P.M. It is suggested that the Council authorize the staff to hold informative meetings for resident areas with regard to the McKnight, Road alignment. Such meetings would be in cooperation with the Ramsey County Engineers Office.. Such authorization is recommended. -4- With regard to the Holloway sanitary sewer improvement, sufficient assessable property is available (20o is required) to issue bonds for this project. However, some of this assessable land is municipal property (Goodrich Triangle). Rather than deferring these assessments it will be necessary to pay them at the required time. -5- MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, March 2, 1972 Council Chambers, Municipal Building Meeting No. 72 -6 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 7:31 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. Meeting No. 72 -5 (February 17, 1972) Councilman Wiegert moved that the Minutes of Meeting No. 72 -5 (February 17, 1972) be approved as corrected: Page 26 - Item K -8 (Paragraph No. 7) delete last sentence. Seconded by Councilman Greavu. Ayes - all. D. PUBLIC HEARINGS 1. Liquor License Suspension - House of Liquors (2627 White Bear Avenue) a. Manager Miller stated that on the evening of October 23, 1971, a Maplewood Police Officer observed an underage individual purchase four cases of strong beer and four bottles of wine at the House of Liquors located at 2697 White Bear Avenue. The youth and a passenger in his vehicle were arrested and plead guilty in court. They identified Mr. J. Carle, the licensee, as the person who made the sale. Mr. Carle was charged with the sale of liquor to a minor, plead guilty and was fined $300,00. The Village Code provides that "Any license granted hereunder may be revoked or suspended for violation of any provision of this ord- inance or of the Liquor Control Act of the State of Minnesota...and "off - sale" license may be revoked or suspended by,the Village Council or by the State Liquor Commissioner. No :license here -under shall be revoked or suspended until the Council has held a public hearing pursuant to ten (10) days notice to the licensee and no suspension may exceed sixty (60) days." The Village Code also provides that an "off- sale" licensee pro- vide a bond in the amount of $1,000.00 when securing a license and "That in the event of any violation of the provisions of any law relating to the business for which the license has been granted.for the sale of in- - I - 3/2 toxicating liquor, such bond shall be forfeited to the municipality in which such license was issued." The licensee has requested that he be allowed to pay the $1,000.00 in lieu of the forfeiture of the bond. Our legal staff has previously stated that this is an acceptable procedure. The licensee has had previous verbal warnings from the Police Department, but no liquor violations. A 15 day suspension has been the standard method of dealing with such violations. b. Mayor Axdahl asked Mr. Carle if he wished to make any comments. Mr. Carle stated he did not. c. Councilman Greavu introduced the following resolution and moved its adoption: 72 -3 -49 WHEREAS, the House of Liquors at 2697 White Bear Avenue has a bond on file which is to be forfeited upon violation of a liquor sales law, and WHEREAS, said House of Liquors has asked to pay $1,000.00 in cash in lieu of said bond forfeiture because of the recent conviction for sale to a minor, IT IS HEREBY RESOLVED that the proper Village Officials may accept a cash payment of $1,000.00 instead of forfeiting said bond. Seconded by Councilman Wiegert, Ayes - all. d. Police Chief Richard Schaller stated that he wished to call to the attention of the Council that it is a State Law that Mr. Carle can not be relicensed under the conviction of a liquor law violation. However, the Staff has discussed this with the liquor control and their attitude is that if the Council does take some suspension action here, then to refuse his Incense for next year would be double jeopardy; in the event Council doesn't take any action, the Liquor Control will be forced by law to take action and not renew Mr. Carle's license next year. e. Councilman Wiegert moved to table until the next meeting and to the matter to the Village Attorney to determine whether or not the Control considers the $1,000.00 fine sufficient penalty. Seconded by Councilman Haugan. Ayes - all. 2. Special Use Permit (Excavation) - North of Beam Avenue and West of T.H. 61 (continued) a. Manager Miller stated the Staff had met with the applicant, Mr. Mike Finneman, regarding the Staff conditions. Manager Miller presented the revised list of conditions. b. Mr. Mike Finneman, the owner of the property stated that he and Vil- lage Engineer Collier have gone over the conditions and they look good. He would like to see the special use permit, itself, stay in effect and be reviewed each year. He is thinking of a three year plan, in the mean- -2- 3/2 time, within the next 12 to 15 months they will have a tentative plan worked out as to what they intend to do with this property. He would like it to be a matter of record that the special use permit stay in effect for a period of three years and they will come in each year with a plan, bond and take out an excavating permit. c. Manager Miller stated there could be a condition added that the Special Use Permit be reviewed annually. d. Councilwoman Olson moved to approve the request of Mr. Mike Finneman for a Special Use Permit for excavating purposes subject to the follow- ing conditions: 1. Finish slopes of a minimum of 5:1 shall be required. Actual slopes adjacent to property boundaries shall be determined at a later date. Excavation in this area is not permitted under the current permit. 2. Minimum slopes of 3:1 shall be required for the completion of individual excavating permits. 3. Each individual excavation permit shall designate the area and total acreage to be excavated, and the duration of the permit. 4. The owner shall be the permittee for each individual excavation permit. 5. The owner shall secure a Village excavator's license. 6. A performance bond shall be posted for each excavation permit to insure conformance to these conditions and those specified in the excavation permit during the term of such permit. 7. In the case of transfer of ownership of all or any part of said property, the new owner or owners shall agree to the conditions of the permit in writing prior to the transfer of the special use permit to the new owner or. owners. 8. No signs shall be posted on the property advertising the sale of material. 9. The Village Council may revoke the permit at anytime based on the violation of these conditions. 10. The hours of operation shall be limited to Monday through Fri- day from 7:00 A.M. to 6:00 P.M. 11. Beam shall not be utilized for hauling traffic unless upgraded to an appropriate level. 12. The owner and permit holder shall abide by all state, federal and county regulations regarding pollution and open pit excavations. 13. Any time excavation is not to be performed for a period of thirty - 3 - 3/2 (30) days or more, all equipment shall be removed from the site. 14. The permit holder shall give immediate notice to the Ramsey County Board of Commissioners of intent to excavate and request comments in regard to pollution of Kohlman Lake. The permit holder will comply with county requirements to control pollution. 15. Any violations brought to the attention of the permit holder and not corrected within a reasonable time as determined by the Vil- lage may result in loss of permit. 16. There shall be no explosive detonations of any kind on the site. 17. Only excavators licensed by the Village shall engage in actual excavation operations. 18. The permit holder shall prepare a plan for the current year's operation which must be approved by the Village in accordance with applicable Village ordinances prior to any excavation. All excavat- ions will be in accordance with this plan and no deviations will be allowed without prior Village approval. In the absence of a properly approved plan the following shall apply: only existing sidewalls shall be used for excavations and the base of the pit shall not be expanded, (it is the intent of this provision that the permittee be allowed to excavate only that material necessary to bring the existing ex- cavations to the minimum of 5:1 slopes). 19. The special use permit to be issued for three year period with yearly review by Council, with Council having the right to terminate said permits. 20. The special use permit shall only be granted upon compliance with the above conditions. The permit applicant shall indicate by his signature that he has read and understands the conditions of the spec- ial use permit and that it may be revoked upon noncompliance. Seconded by Councilman Greavu. Ayes - all. 3. Pond Area Improvements - Beam Avenue Improvement Project (8:00 P.M.) a. Mayor Axdahl convened the meeting for a public hearing for the ac- quistion and improvement of a ponding area and appurtenant structures for the retention of storm waters from the Beam Avenue Improvement Pro- ject. The Clerk read the notice of hearing along with the dates of publication. b. Village Engineer Collier explained the specifics of the proposed im- provement. He stated there would be no additional assessments to the prop- erty owners for this improvement, as it will be paid for from General Obligation. c. Mayor Axdahl called for persons who wished to speak for or against the improvement. The following were heard: - 4 - 3/2 Earl M. Steinbring, 1795 Radatz Donald W. Nelson, 1861 Radatz Several residents of the area spoke but did not give their names. d. Mayor Axdahl called for formal objections. None were heard. e. Mayor Axdahl closed the public hearing. I. Councilman Greavu introduced the following resolution and moved its adoption: (ordering final plans) 72 -3 -50 WHEREAS, after due notice of public hearing on the construction of storm water holding pond and all necessary appurtenances and necessary additions to Beam Avenue between White Bear Avenue and Hazelwood, a hear- ing on said improvement in accordance with the notice duly given was duly held on March 2, 1972, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the Village of Maplewood construct storm sewer holding pond and all necessary appurtenances and necessary additions to Beam Avenue between White Bear Avenue and Hazelwood as described in the notice of hearing there - on, and orders the same to be made. 2. Village Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. This improvement is hereby designated to be a part of.Improvement No. 70 -5. Seconded by Councilman Haugan. EG AWARDING OF BIDS None. F. APPROVAL OF ACCOUNTS Councilman Wiegert moved that the e Seconded by Councilman Haugan. G. VISITOR PRESENTATIONS Ayes - all. as submitted (Part I - Fees, Servic 58 - $108.500.68: Part II Pavroll Ayes - all. - 5.,- 3/2 1. Maplewood Junior Chamber of Commerce - Survey Result Presentation a. The Maplewood Jaycees presented Council with copies of the Community Survey they had taken in several areas of the Village. b. Council accepted the Community survey and commended the Maplewood Jaycees. 2. Other a. Mr. Ernest Christiansen, 2272 VanDyke, stated that when Cope Avenue, west of White Bear Avenue was constructed, the alignment of Cope Avenue to the East was changed. Since he lives on the Southeast corner of Cope and VanDyke, he wondered if within the next 30 days someone could give him some kind of committment as to where the alignment of Cope will be. b. Village Engineer Collier stated there was a study undertaken construct- ing Cope Avenue from White Bear Avenue to McKnight Road. Staff is waiting for information from the State Highway Department regarding the develop- ment of Highway 36, before any decision can be made on the alignment of Cope Avenue. c. Councilwoman Olson moved to refer this matter to the Village Engineer. Councilwoman Olson withdrew her motion. d. Council referred the matter of the Cope Avenue alignment to the Staff. H. UNFINISHED BUSINESS 1. Planned Unit Development - Southwest Corner Lakewood Drive and Stillwater Road (Inland Construction Co.) a. Manager Miller stated Council had received a copy of a letter dated February 24, 1972 from Inland Construction Company in which they gave their views relative to the Staff and Planning Commission conditions that were originally proposed. The Staff has no further comment relative to the conditions other than the fact that the Staff did not feel that right of way for street purposes to the south of the development is necessary. b. Village Attorney Lais suggested that a condition could be added to the building permit itself stating that "the developers will proceed with the construction of two apartment buildings to be located on the west side of the property; the third apartment building to be located on the east side of the property will not be constructed for a period of 36 months. After the expiration of this period of time, if a governmental agency has not acquired any of the property on the east lot line for road purposes, the developer may begin development of the third building." C. Councilman Wiegert moved to approve the Inland Construction Compan Planned Unit Develoument subiect to the followine conditions: 1. The Special Use Permit expires 12 months later from the day Council approves the permit should there be no construction physically started on the Site; - 6 - 3/2 2. If the Project is to be phased or staged in construction, then Council reserves the right to limit times on the phasing at such time as a building permit is requested; 3. Council must review and approve all architecture and building plans prior to issuance of any building permits being issued or de moti't on or moving permits for eliminating existing structures on site; 4. A dedication of 17 feet along the west side of Stillwater Road and 7 feet along the south side of Stillwater Avenue shall be required; 5. Immediate payment of $2,623.50 deferred water assessment to this property shall be paid within 30 days of final Council action on the Special Use Permit. Likewise, no development permits (either building, moving, or wrecking) shall be issued until payment has been acknowledg- ed and received by the Village; 6. An on site marking of trees to be removed must be made and inspect- ed by the Planner before any excavations may take place on the Site; 7. A detailed landscaping plan with methods of execution and imple- mentation shall be required prior to any occupancy permits being issued to the site; 8. No partial occupancies of any building shall be given,' 9. Five foot wide sidewalks shall be required on the building side of all open parking areas and shall run the entire length of the park- ing bays and, shall further connect directly to entrances to each building served; 10. A parking and walkway lighting plan shall be approved by the Plan- ner prior to occupancy approval (this includes installation). 11. All underground parking garages shall be sprinklered.and approved by the Village Fire Marshal; 12. Water (public) shall be extended along Stillwater Road to adequate- ly serve the Site and surrounding area. Sizing and utility details shall be subject to the Village Engineer approval; 13. All utilities on Site shall be underground; 14. All street curb -cut openings must be approved by the jurisdiction controlling the public streets; 15. The existing billboards and all commercial signs must be removed from the site within 30 days from Council approval of the Special Use Permit; 16. A concrete sidewalk five feet wide must be provided along the south side of Stillwater Avenue across the north end of the Site and along the west side of Stillwater Road for the entire length of frontage on said road by this tract -- sidewalk location shall be subject to Village Engineer and Planner approval prior to installation. - 7 - 3/2 17. Lands or improvements within the Planned Unit Area shall not be offered for sale, sold or fee title transferred without first having received approval of such partitioning from the Village Council, 18. Prior to issuing or allowing any excavation or construction per- mits for any development on all or part of the site, a detailed design plan indicating architecture, building materials, style, color of structures shall be submitted and approved by the Village Council. 19. Interim Recreation Cost Policy of 10% of the raw land value as indicated by the Ramsey County Assessor. 20. The third apartment building, to be located on the east side of the property, will not be constructed for a 36 month period. If after expiration of this period of time, a governmental agency has not ac- quired any of the property on the east lot line for road purposes, the developer may begin development of the third building. 21. Prior to issuance of any permit, the developer be required to agree to the conditions in writing. and all conditions subject to Inland Construction's request for modifi- cations as follows: A. Item 2 - Project will be phased in accordance with the agreement between the developers and the Village of Maplewood. B. Item 12- Public water is not necessary for the project at this time along Stillwater Road. C. Item 16- Stillwater Avenue sidewalks should not be placed until roadway is firmly decided. Stillwater Road sidewalks should not be placed until the actual new corridor is complete. D. Item C - Motion on Open Space Recreational Development Requirements. Any recreation payment based on a percent of the land value should apply only to the land which is ready to be developed. Reference is made to the agreement be- tween the developers and the Village of Maplewood. Seconded by Councilman Haugan. Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Councilwoman Olson abstained. Motion carried. 2. Snowmobile Regulation - Ordinance No. 310 (Second Reading) a. Manager Miller read the proposed ordinance and recommended final adopt- ion. Basically it provides for variances from the snowmobile regulations by the Director of Public Safety for special events of organizations. Man- ager Miller also pointed out that changes in the curfew regulations would, even with specified trails, apply to the entire Village and not simply to those trails. - 8 - 3/2 b. Mayor Axdahl asked if anyone wished to comment on the proposed ordinance. C. Mr. Duane Feyereisn read several articles relating to snowmobiles. There was considerable discussion relating to changing the hours in which snowmobiles can operate and also on various trails for snowmobiles. d. Councilman Greavu introduced the following ordinance and moved its adoption: (Second Reading) ORDINANCE NO. 310 An Ordinance Amending Section 1215.090 Concerning Snowmobiles THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1215.090 is hereby amended to read as follows: "Section 1215.090 ORGANIZED TRAIL RIDE PERMITS. The Public Safety Director may at his discretion issue to an organized snowmobile group a permit grant- ing special permission for a trail ride over a specified route until 2 :00 A.M. on a specific date. "Application for such special permit shall be made on a form to be provided by the Public Safety Director, which shall require, but not be limited to, the following: The name and address, if any, of the group, and the name and address of its representative in charge of the trail ride, the route to be followed and the date and hours of the ride, as well as the approximate number of participants in the ride." Section 2. This Ordinance shall take effect and be in force from and after its passage and publication as provided by law. Seconded by Councilman Wiegert. Motion carried. Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay - Councilwoman Olson. 3. Fire Zones - Ordinance No. 311 (Second Reading) a. Manager Miller read the proposed ordinance and recommended final adoption. This ordinance delineates different types of fire zones in the community for the purposes of the State Building Code. b. Councilman Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 311 An Ordinance Amending The Maplewood Code By Adding Chapter 1704 Concerning Fire Zones - 9 - 3/2 THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 1704 is hereby adopted to read as follows: "Section 1704.010 FIRE ZONES. To conform to the building code of the State of Minnesota the following fire zones are hereby established: Fire Zone 1 - Heavy congested commercial and business. Fire Zone 2 - Warehousing with manufacturing. Fire Zone 3 - Sparcely constructed business and residential development. "Section 1704.020 FIRE ZONE MAP. The Fire Zone Map of the Village de- fining the respective fire zones as certified by the Fire Marshal of the Village on February 29, 1972, is hereby adopted as the official fire zone map, and shall be the responsibility of the Fire Marshal to keep and en- force." Section 2. This Ordinance shall take effect and be in force from and after its passage and publication as provided by law. Seconded by Councilman Haugan. Ayes - all. 4. Auction Licenses - Ordinance No. 312 (Second Reading) a. Manager Miller read the proposed ordinance and recommended final adoption. b. Councilwoman Olson introduced the following ordinance and moved its adtoption: (Second Reading) ORDINANCE NO. 312 An Ordinance Amending Section 812.020 Concerning Auctions THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 812.020 is hereby amended to read as follows: "812.020. APPLICATION. (A) Every person desiring to obtain a license to act as auctioneer or engage in business of auctioneer in Maplewood shall apply in writing for such license on forms to be furnished by the Village Clerk. In this application the applicant shall designate the place where he proposes to conduct business and the type of business which he proposes to undertake. All such applications shall be referred to the Chief of Police for investigation. "(B) This ordinance shall not apply to the sale of livestock, household goods, on premises where they were being actually used as such, baskets and so- called 'basket socials,' articles at religious or fraternal bazaars, stamps by a stamp club recognized by the recreation department of the Vil- lage of Maplewood, or sales made by Sheriffs or other law officers pur- suant to legal process or statutory procedures." Section 2. This Ordinance shall take effect and be in force from and after its passage and publication as provided by law. - 10 - 3/2 Seconded by Councilman Wiegert. 5. Appointments - Planning Commission Ayes - all. a. Manager Miller stated the Planning Commission has submitted the names of Duane Frew, Roy Wicklund and Charles Kent as candidates for the vacant position on the Commission. The applications of these three candidates was included in the agenda packet for the February 17 meeting. The appoint- ment is to fill the unexpired term of Francis Dreawves which will expire on December 31, 1973. In addition the Village Code provides that the Council will name the Chairman of the Commission. Lyman Coombs is presently the Chairman. b. Councilman Haugan moved the appointment of Roy Wicklund to the Plan- ning Commission. Seconded by Councilwoman Olson. c. Councilman Wiegert moved to appoint Duane Prew to the Planning Com- mission. Seconded by Councilman Greavu. d. Mayor Axdahl nominated Mr. Charles Kent to the Planning Commission. e. The following vote was taken. Roy Wicklund - 2 votes, Councilwoman Olson and Councilman Haugan. Duane Prew - 2 votes, Councilmen Greavu and Wiegert. Charles Kent - 1 vote, Mayor Axdahl. f. Councilman Haugan moved that those candidates having fewer than two votes be eliminated. Seconded by Councilman Wiegert. Ayes - all. g. The following vote was taken: Roy Wicklund - 2 votes, Councilwoman Olson and Councilman Haugan. Duane Prew - 3 votes, Mayor Axdahl, Councilmen Greavu and Wiegert. Councilman Haugan stated he wasn't voting against Mr. Prew but for Mr. Wicklund. Council suggested the Planning Commission keep the names on file and con- sider them if there is another opening on the Commission. h. Councilman Wiegert moved names on Seconded by Councilman Haugan. - 11 - Ayes - all. 3/2 that i. Councilman Haugan nominated Lyman Coombs for Chairman of the Plan- ning Commission. Seconded by Mayor Axdahl. j. Councilman Greavu nominated Roger Singer as Chairman of the Plan- ning Commission. Seconded by Councilman Wiegert. k. The following vote was taken: Lyman Coombs - 2 votes, Mayor Axdahl and Councilman Haugan. Roger Singer - 3 votes, Councilwoman Olson, Councilmen Greavu and Wiegert. Councilmen Greavu and Wiegert wished to state that they were not voting against Mr. Coombs, but for Mr. Singer. Councilwoman Olson moved to suspend the 'Rules of Procedure' to hear Items I - 1, 2 and 6. Seconded by Councilman Greavu. Ayes - all. I. NEW BUSINESS 1. Sign Permit Request - Forest Green a. Manager Miller stated staff had received a request from McGlynn -Gar- maker Company for permission to erect a sign at the corner of Beebe Road and Larpenteur Avenue for the Forest Green project. There had previously been such a sign at that location. The sign will be 4 feet by 8 feet and will have faces on both the east and west. The company has the permission of Fred Moore to install the sign. Council will remember that it was this location which is mentioned for directional signs in the easement dedication of Beebe Road. The easement called for the allowance of direct- ional signs or the cancellation of the easement. b. Following discussion, Councilwoman Olson moved to refer the matter to staff for specific recommendations. Seconded by Councilman Haugan. Ayes - all, 2. Non - Intoxicating Malt Liquor License a. 1750 White Bear Avenue b. 11 South Century Avenue 1. Manager Miller stated the issuance of off -sale non - intoxicating malt liquor licenses does not normally require Council action; however, - 12 - 3/2 this is the first application which we have had from service stations. The Director of Public Safety is informing the applicants of their responsibilities concerning the sale of 3.2 percent beer. Approval of the applications is recommended. 2. Following further discussion, Councilwoman Olson moved the first reading of an ordinance prohibiting the sale of 3.2 malt liquors in service stations. ORDINANCE NO. 313 Seconded by Councilman Wiegert. Motion carried. 6. Street Improvements (Conway Avenue) Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Greavu and Wiegert. Nay - Councilman Haugan. a. Manager Miller stated the staff had received a petition for the im- provement of Conway Avenue at the intersection of McKnight Road and for 1,000 feet easterly. The petition is signed by 3M and constitutes a 100% ownership of abutting property. A hearing date of April 6th is recom- mended. In order to facilitate the project we would request that the Council at this time order the preparation of final plans for the project. b. Councilman Greavu introduced the following resolution and moved its adoption: (accepting petition) 72 -3 -51 WHEREAS, a certain petition has been received by the Village Council for the improvement of the following described area: Conway Avenue at the intersection of McKnight Road and for 1,000 feet easterly by construction of installation of semaphores and street upgrading, and WHEREAS, the said petition has been declared to be signed by the re- quired percentage of owners of property affected thereby; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition as hereinbefore described is hereby referred to 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. C. Village Engineer Collier presented the feasibility report on the - 13 - 3/2 Conway Avenue Improvements. Total cost of the project is estimated at $285,000.00. d. Councilman Greavu introduced the following resolution and moved its adoption: 72 -3 -52 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Conway Avenue from McKnight Road to 1050 feet east and McKnight Road at Avenue "J" and widening and curb and gutter as necessary along McKnight Road by widening, channelization, signalization and resurfacing, 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 Conway Avenue from McKnight Road to 1050 feet east and McKnight Road at Avenue "J" and widening and curb and gutter as necessary along McKnight Road by widening, channelization, signalization and resurfacing, is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accord- ance with the reports and the assessment of benefited property for allc;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 $285,000. 3. A public hearing will be held in the Council Chambers of the Village Hall at 1380 Frost Avenue on Thursday, the 6th day.of April 1972, at 7:30 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: TO WHOM IT MAX CONCERN: WHEREAS, the Village Council of the Village of Maplewood, Ramsey County Minnesota, deems it necessary and expedient that the improvement hereinafter described be made, NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: Thursday, April 6, 1972, at 7:30 P.M. Location: Village Hall, 1380 Frost Avenue - The general nature of the improvement is the construction by widen - ing, channelization, signalization and resurfacing in the following de- scribed area: - 14 - 3/2 Conway Avenue from McKnight Road to 1050 feet east and McKnight Road at Avenue "J" and widening and curb and gutter as necessary along McKnight Road. The total estimated cost of said improvement is $285,000. 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 3rd day of March, 1972. BY ORDER OF THE VILLAGE COUNCIL Mrs. Lucille Aurelius, Village Clerk Village of Maplewood Publish: March 8, 1972 March 15, 1972 Seconded by Councilman Wiegert. Ayes - all. e. Councilman Greavu introduced the following resolution and moved its adoption: (Proceeding with final plans) 72 - 3 - 53 RESOLVED, by the Village Council of Maplewood, Minnesota that the Village Engineer is hereby authorized to prepare final plans and spec- ifications for the improvements to Conway Avenue, McKnight Road and Avenue "J ", Project No. 72 -5. Seconded by Councilman Wiegert. Ayes - all. f. Councilman Greavu moved authorization for the Staff to neeotiate with Seconded by Councilman Wiegert. Ayes - all. H.` UNFINISHED BUSINESS (continued) 6. Sewer Charges (Large Services) - Ordinance Correction a. Manager Miller stated that due to an error calculations regarding water quantity usage by large sewer services, the ordinance relative to sewer service charges has been found to be in error in many cases. A corrective ordinance is being prepared which will result in lower sewer service rates for these services. - 15 - 3/2 b. Councilwoman Olson introduced the following ordinance and moved its adoption: (Ist Reading) ' ORDINANCE NO. 314 Seconded by Councilman Wiegert. Ayes - all. c. Councilwoman Olson moved to Seconded by Councilman Wiegert the 'Rules of Procedure' to waive - 11/1 Ayes - all. d. Councilwoman Olson introduced the following ordinance and moved its adoption: (Second Reading) ORDINANCE NO. 314 An Ordinance Amending The Maplewood Code Relating To Sewer Service Charges THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 206.140 (A) 1. (e) is hereby amended as follows: "The adopted "RATE STRUCTURE" contained in Section 206.140 (A) 1. (e) is hereby repealed and the following "RATE STRUCT- URE" hereby adopted in lieu thereof: Qtrly. Effluent Discharged 0 - 30,000,000 gals /qtr. "RATE STRUCTURE" Rate Min. 1000 /gals Charge All over 30,000,000 gals /qtr. $ .30 (See par.4) $ 75.00 $9,000.00 Max. Charge $9,000.00 All other portions of Section 206.140 (A) 1. (e), not specifically amended herein, shall remain in effect as adopted." Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Seconded by Councilman Wiegert. Ayes - all. I. NEW BUSINESS (continued) 3. Building Plan Review Supermarket (Cope Avenue) a. Manager Miller requested this item be referred to the Staff for further investigation. This type of business would involve a commercial use in an industrial zoned area. b. Mr. Carl Elmquist, representing C and M Development, stated the build- ing would be a Fairway Foods Supermarket and spoke on behalf of obtaining a Special Use Permit. - 16 - 3/2 C. Following further discussion, Councilman Wiegerrt moved to table the matter until March 16, 1972. Seconded by Councilman Greavu. Ayes - all. HJ UNFINISHED BUSINESS (continued) 7. Michael Lane Park a. Manager Miller stated the Parks and Recreation Commission has requested the input of the Council relative to its desires regarding the develop- ment of the Michael Lane Park. At this time Staff suggests that the matter be referred back to staff for written comment. b. Councilman Greavu moved to refer the matter to the Staff. Seconded by Councilman Wiegert. Ayes - all. 8. Storm Sewer Improvement (Gladstone Area) Hearing Date. a. Manager Miller presented the feasibility report for the street and storm sewer improvements in the Gladstone Area. It proposes quite an ex- tensive program of improvements, much more so than in past proposals. It is felt that such improvements are necessary to alleviate the drainage problems in the area. A hearing date of April 13 is suggested. It is also suggested that the place of the hearing be established as the Glad - stone School to better facilitate the crowd that will probably attend at the hearing. b. Councilman llaugan introduced the following resolution and moved its adoption: (accepting report - calling for hearing) 72 - 3 - 54 WHEREAS, the Village Engineer for the Village of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of the area bounded by the Soo Line Railroad Tracks on the north, Adele Street and lake Phalen on the west, Larpenteur Avenue on the south, and Prosperity Road on the east and along Frost Avenue from White Bear Avenue to 500 feet test. of Adele Street by construction of storm se:;ers, water mains, service connections and appurtenances, street construction and sur- facing, curb and gutters and sidewalks along Frost Avenue, 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 of the e,rea bounded by the Soo Line Rail- road Tracks on the north, Adele Street and Lake Phalen on the ,test, - 17 - 3/2 Larpenteur Avenue on the south, and Prosperity Road on the east and along Frost Avenue from t ?kite Bear Avenue to 500 feet west of Adele Street by construction of storm sewers, water mains, ser- vice connections and appurtenances, street construction and sur- facing, curb and gutters and sidewalks along Frost Avenue, and construction is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accord- ance 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 $3,190,780.00. 3. A public hearing will be held at Gladstone School, Manton and Frost Avenue, on Thursday, the 13th day of April, 1972 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 IMPROVE1,1ENT 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 herein- after described, be made, NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on the construction of storm sewers, dater mains, service connections and appurtenances, street. construction and surfacing, curb and gutters and sidewalks along Frost Avenue in the area bounded by Soo Railroad on the north, Adele Street and Lake Phalen on the „est, Lar- penteur Avenue on the south and Prosperity Road on the east and along Frost Avenue from White Bear Avenue to 500 feet west of Adele Street. The public hearing will be held at: Date and Time: April 13, 1972 at 7:30 P.M Location Gladstone School Manton Street & Frost Avenue Maplewood, Minnesota The total estimated cost of said improvement is $3,190,780.00. 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. - 18 - 3/2 Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 2nd day of March, 1972, BY ORDER OF THE VILLAGE COUNCIL Mrs. Lucille Aurelius, Village Clerk Publish March 8, 1972 and March 15, 1972 and March 22, 1972, Seconded by Councilman Greavu. Ayes - all. 9. Street Improvement (Beam Avenue) Supplemental Agreement a. Manager Miller stated two supplemental agreements to the Beam Avenue project are proposed. Supplemental agreement number five is for the con- struction of the base on Beam Avenue between Hazelwood and the railroad tracks in the amount of $117,550.00. The construction has been approved by the Council after a hearing, and the enclosed agreement is for adding the project at a negotiated price to the existing agreement. b. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 3 - 55 RESOLVED, by the Village Council of Maplewood, Minnesota that Sup- plemental Agreement No. 5 to the contract for the construction of Beam Avenue in the amount of $117,550 be and hereby is in all things approved. Seconded by Councilman Haugan. Ayes - all. c. Manager Miller stated supplemental agreement number six is for the construction of an outlet structure to the holding pond at Kennard and Beam Avenues in the amount of $26,335.00. Originally the outlet structure would have been a portion of the desilting basin which was to be construct- ed east of Kennard; however, that portion of the project was not construct- ed and it will be necessary to authorize the control structure for the project to permit flow into the main pond. The design of the structure is such that it may be utilized to convey flow to the east of the desilt- ing basin if such basin is subsequently constructed. Acceptance of both supplemental agreements is suggested. d. Councilman Wiegert introduced'the following resolution and moved its adoption: 72 -3 -56 RESOLVED, by the Village Council of Maplewood, Minnesota, that - 19 - 3/2 Supplemental Agreement No. 6 to the contract for the construction of - Beam Avenue in the amount of $26,335 be and hereby is in all things approved. Seconded by Councilman Greavu. Ayes - all. 10. Comprehensive Water and Sanitary Sewer Studies - Agreement a. Manager Miller stated Staff has checked Federal Aid as to what the status of our applications are. Staff submitted an application for a grant on the comprehensive sanitary sewer study. We checked and found it would be a minimum of '90 days before we have a final answer on that federal grant. The water study, we have no application in for that, there is no Federal Aid available for that. We feel, at this time, that the land use plan is far enough along that the information gathered for these two studies will supplement and compliment the land use study itself. The sewer study is proposed to be done in stages, there is no federal aid in this case, which is retroactive. Phase I of the sewer study, is approx- imately a total cost of $12,000.00. Five consulting; -firms have been inter- viewed regarding the comprehensive sewer and water studies. The firm of Kirkhan- Michael Company is recommended for the water study and Toltz, King, Duval and Anderson is recommended for the sewer study. The maximum cost for the water study is established at $28,000.00 as compared to a budgeted amount of $35,000. The maximum figure for the sewer study if $25,000.00 as compared to a similar budgeted figure. b. Councilman Greavu introduced the following resolution and moved its adoption: 72 - 3 - 57 WHEREAS, it has been determined that it is necessary that a Village - wide water study be performed, and WHEREAS, money has been appropriated in the current year's budget for the study, and WHEREAS, the qualifications of Kirkham- Michael Architects and Engineers have been reviewed and found satisfactory, THEREFORE, BE IT RESOLVED, THAT THE VILLAGE OF MAPLEWOOD, MINNESOTA accepts the proposal of Kirkham- Michael Architects and Engineers in a sum not to exceed $28,000, and hereby authorizes the Mayor and Village Clerk to sign the proposed agreement for the Village. Seconded by Councilman Haugan. Ayes - all. c. Councilman Haugan introduced the following resolution and moved its adoption: 72 -3 -58 WHEREAS, it has been determined to be necessary to conduct a com- prehensive sanitary sewer study of the Village, and - 20 - 3/2 WHEREAS, funds have been appropriated to perform this study during this current year, and WHEREAS, the firm of Toltz, King, Duval and Anderson has submitted their qualifications, and upon review have been determined to be satis- factory, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that it accepts the proposal of Toltz, King Duval and Ander- son Engineers and Architects to perform Phase I of the comprehensive sewer study in an amount of $12,000 and hereby authorizes the Mayor and Village Clerk to execute the contract for the Village. Seconded by Councilman Greavu. Ayes - all. Councilwoman Olson excused herself from the meeting at 11:26 P.M. 11. Ditch Improvement (Battle Creek) - Joint Powers Agreement a. Manager Miller stated a joint powers agreement has been proposed for the purpose of providing "the means to contract for professional services for the purpose of investigating, studying and developing a plan to control flooding and flood damage within the Battle Creek watershed drainage area." The agreement provides for the City of St. Paul to employ a consulting engineer at a maximum sum of $10,000.00 to prepare a plan for the area. Maplewood's share of the cost would be $2,850.00. Approval of the agree- ment is recommended. b. Councilman Greavu introduced the following resolution and moved its adoption: 72 -3 -59 WHEREAS, it is proposed that all of the following governmental units, to wit: City of St. Paul, County of Ramsey, Village of Maplewood, Village of Oakdale, Village of Landfall, Village of Woodbury and the Village of Lake Elmo, entered into a Joint Powers Agreement for preparing a study and plan for the Battle Creek drainage area. BE IT HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLE - WOOD hereby agrees to the terms of that Joint Powers Agreement dated March 1, 1972 a copy of which has been received. AND BE IT FURTHER RESOLVED that the proper Village Officials are hereby authorized and directed to execute said Agreement and to send a certified copy of this Resolution to Mr. .Daniel Dunford of the Public Works Department of the City of St. Paul, BE IT FURTHER RESOLVED that upon receipt of the certified copy of this Resolution, the City of Saint Paul may proceed under the terms of the aforesaid agreement to hire the consultant, Eugene A. Hickok and Associates, Inc, at a total cost not to exceed $10,000,00. Dated this 2nd day of March, 1972. - 21 - 3/2 Seconded by Councilman Wiegert. I' NEW BUSINESS (continued) 4. Lot Division Ayes - all. a. Manager Miller stated the proposed lot division is located west of Century Avenue on Linwood Avenue. Denial of the proposed lot division is recommended due to the fact that it will create a "flag" lot, will es- tablish a lot with 9,800 square feet (our minimum is 10,000 square feet) and a lot with a frontage of only 70 feet. The lot division was requested by MrS Virginia Drewry. b. Councilman Haugan moved to deny the request for a lot division of the property located on Linwood Avenue west of Century Avenue. Seconded by Councilman Wiegert. Ayes - all. 5. Joint Use Agreement - (Metropolitan Sewer Board) a. Manager Miller presented Council with the annual contract between the MSB and the Village. The agreement provides for a $600 per mile mainten- ance charge to the MSB. Adoption is recommended. b. Councilman Wiegert introduced the following resolutnon and moved its adoption: 727.13 - 60 WHEREAS, the Metropolitan Sewer Board has proposed a joint use rental agreement for interceptor sewers within Maplewood', and as payment at $600 /mile is in accordance with an estimated cost to perform the re- quired maintenance, THEREFORE, BE IT RESOLVED, BY THE VILLAGE OF MAPLEWOOD, MINNESOTA that the agreement is acceptable and the Mayor and Village Clerk be and hereby are authorized to sign the agreement. Seconded by Councilman Greavu. Ayes - all. J. COUNCIL PRESENTATIONS 1. Mayor None. 2. Council a. Councilman Haugan stated he had received a call from a resident regard- ing Ray's Refuse Service not offering metered service any longer. Manager Miller stated he had talked with Ray Ecker today and Mr. Ecker had indicated he was attempting to sell his business. b. Councilman Wiegert questioned if perhaps a policy on sidewalks should - 22 - 3/2 „5 i J/ be developed. He requested some sort of staff presentations regarding sidewalks and assessments, etc. Councilman Wiegert moved to include sidewalks al included in the Gladstone Area Improvements. Seconded by Councilman Greavu. Ayes - all. Ka ADMINISTRATIVE PRESENTATIONS Frost Avenue to be 1. Manager Miller requested that the Council authorize the staff to hold in- formative meetings for resident areas with regard to the McKnight Road alignment. Such meetings would be in cooperation with the Ramsey County Engineers Office. Such authorization is recommended. Councilman Greavu moved to authorize the staff to proceed with informational meetings regarding the McKnight Road alignment. Seconded by Councilman Haugan. Ayes - all. 2. Manager Miller stated the Metropolitan Council will hold its regular semi- monthly meeting in the North Saint Paul Municipal Council Chambers on Thursday, March 9 at 7:30 P.M. 3. Councilman. Wiegert wanted to know what happened to S M I L E. North Saint Paul had instigated it and the last he has seen of it, the school board tabled it. 4. Councilman Wiegert also wondered about the comment in the interim report of the interchange at Highway 36. He wondered what sort of proposal was present - ed to Metropolitan Council. Council wishes Staff to take whatever steps are necessary to set the "wheels” in motion. L: ADJOURNMENT 11:47 P.M. ity lerk - 23 - 3/2 ILLAGE'OF MAPLEWOOD ACCOUNTS PAYABLE DATE 03 -02 -72 HECK # A M O U N T C L A I M A N T P U R P O S E 130.50 AIR COMM REPAIR &MAINT., RADIO BO "ID, INTEREST AND—OTHER CHARGES i 130 17.90 ALL— SERVICE ELECTRIC INC REP. &MAINT., BUILDING &GRND i 131 4,887.19 AMERICAN NATIONAL BANK BOND, INTEREST AND —OTHER CNARGES I 51172.90 AMERICAN NATIONAL BANK BOND, INTEREST AND —OTHER CHARGES j 6,944.82 AMERICAN NATIONAL BANK BO "ID, INTEREST AND—OTHER CHARGES i 153.09 ASHBACK AGGREGATES INC MAINTENANCE MATERIALS i 516.00 B.& E PATROL i FEES FOR SERVICE 24.15 BATTERY WAREHOUSE REPAIR &MAINT., VEHICLE 18, 130. 95 - 3E7_T:FJit3UR_G— TO',A%- SEND & -L-OMB CONSTRUCTION FUND xt_ 30.48 THE BIG WHEEL SUPPLIES, VEHICLE i 995.54 BOARD OF WATER C 0 M V FEES FCR SERVICE AND- CONSTRUCTICN FUND 25.00 BOND BUYER SUBSCRIPTIONS & MEN:BERSHIPJ 196.00 BRADY MARGULIS CO EQUIPMENT, OFFICE 60.00 CAPITOL ELECTRONICS INC REPAIR&MAINT., RADIO 207.18 CARGILL INCORP MAINTENANCE MATERIALS 10.80 WILLIAM CASS TRAVEL & TRAINING i 26.40 CHAPLIN PUBLISHING CO CONSTRUCTION FUND 3.19 COAST TO COAST STORES SMALL TOOLS 21.00 CONTINENTAL SAFETY EQUIP SUPPLIES, EQUIPMENT 20.00 CRISLERS SPORTSENTER SUPPLIES, PROGRAM 147.00 DELMAR OFFICE MACHINE INC REPAIR&MAINT., EQUIPMENT 18.40 DISPATCH — PIONEER PRESS PUBLISHING 33.00 JAMES EMfo)ERTSO:N SALARIES & WAGES,TEMPCRARY 6.80 EMERGENCY VEHICLE SUPPLY REP AIREMAI ^RT., VEHICLE VILLAGE' OF MAPLEWOO D ACCOUNTS PAYABLE DATE 03 -02 -72 HECK # -� '• 3 14 155 156 157 158 159 160 161 162 163 165 166 167 168 169 170 171 172 173 .t A M O U N T C L A I M A N T 77.75 4.91 830.74 10.22 82.43 17,288.54 33. 52 294.30 1 v 666. 14 108.38 532.82 19774. 85 11150.00 1.20 4.00 4.09 14.40 50.47 28,342.14 3, 349. 29 20.00 20.00 50.00 P U R P O S E FARWELL OZMUN KIRK C CO SMALL TOOLS GLADSTONE LUMBER MART MAINTENANCE MATERIALS AND - SUPPLIES, VEHICLE ! GULF OIL CARP FUEL C OIL THOMAS L HAGEN TRAVEL 6 TRAINING HOME:LITE REPAIR&MAI NT. , EQI.IIPPENT HOWARD NEEDLES TAMMIN S CONSTRUCTION FUND INFINITE GRAPHIC SUPPLIES, EQUIPMENT INTL BUS MACHINES CORP R ENTAL, EQUIPMENT AND - EQUIPMENT, OTHER INTL HARVESTER CO REPAIR&MAINT., VEHICLE KOSTKA ELECTRIC CO CONSTRUCTION, OTHER LAIS 6 BANNINGAN FEES FOR SERVICE AND- CONSTRUCTICN FUND LATS C PA,NNINGA.N' CONS TRUCTIO„ FUND j LAIS E BANNINGAN FEES FOR SERVICE MARIA LARSON SUPPLIES, PROGRAM LEAGUE OF MINN MUNICIPAL BOOKS C PERIODICALS i LUGER MERCANTILE CO i MAINTENANCE MATERIALS ' MAPLEWOOD FOODS SUPPLIES, PROGRAM I MAPLEiE00D PLBG r; HTG INC i SUPPLIES, VEHICLE AND °REP.ZMAINT., BUILDINGEGR`!C METROPOLITAN SEWER BOARD RENTAL, SEWER AND- CONTRACT PAYMENT MINN HOSPITAL ASSOC CONTRIBUTIONS, INSURANCE AND- HOSPITALIZATION W/H ! MINN POLICE PENSION COUNC I SUBSCRIPTIONS S IMEMBERSHI? MINN STATE FIRE DEPT ASSOC fi TRAVEL C TRAINING } i LOYAL ORDER OF MIOOSE i -RENTAL, PROPERTY IILLAGE'OF MAPLEWOOD ACCOUNTS PAYABLE DATE 03 -02 -72 ,HECK H A M O U N T C L A I M A N T P U R P O S E T6 10.50 MOTOTOLA C C E INC REPAIR &MAINT., RADIO 177 640.05 MOTOROLA INC EQUIPMENT, OTHER 178 737.00 EUGENE MURRAY FEES FOR SERVICE 179 87.26 NATIONWIDE PAPERS REP. &MAINT., BUILDING&GRND 180 7.00 NORTHWEST CHAPTER FBINA SUBSCRIPTIONS & MEMBERSHIP 181 3.60 OXYGEN SERVICE CO INC FUEL & OIL 182 52.00 PITNEY— BO14ES INC REPAIR &MAINT., EQUIPMENT, 183 1.83.00 POPPENBERGER INS AGENCY INSURANCE & BONDS 184 368.78 PORTA —SPLAY EQUIPMENT, OFFICE AND— EQUIP,�,ENT, OTHER 165 900.00 POSTMASTER POSTAGE 186 1,155.59 RAMSEY COUNTY TREASURER FEES FOR SERVICE AND— RENTAL, EQUIPMENT 187 388.08 RED WTNG SHOE STORES UNIFORMS & CLOTHING 11.45 REED TIRE SALES INC SUPPLIES, VEHICLE d 189 .y, -.� %, :; :; 58.73 S & T OFFICE PROD SUPPLIES, OFFICE AND — SUPPLIES, PROGRAM 190 45.52 S & T OFFICE PROD SUPPLIES, OFFICE 191 60.48 S & T OFFICE PROD SUPPLIES, OFFICE 192 10.55 SINGER— FRIDEN DIV. SUPPLIESs OFFICE 193 7.72 STA —VIS OIL CO FUEL & OIL 194 3,213.95 TABULATING SERV BUREAU FEES FOR SERVICE 195 32.34 HERB TOUSLEY FORD INC REPAIR &MAINT., VEHICLE 196 29.50 TRUCK UTILITIES & VFG CO REPAIR &MAINT., EQUIPMENT 197 65.25 TWENTIETH CENTURY PRINTING SUPPLIES, OFFICE AND— ELECTION EXPENSE 198 131.00 TWENTIETH CENTURY PRINTING SUPPLIES, OFFICE .199 16.15 TWIN CITY FILTER SERV INC REP.f- MIAINT., BUILDING &GRNO J VILLAGE'OF_MAPLE!WOOD »TA ACCOUNTS PAYABLE DATE 03 -02 -72 HECK #— M 0 U N T C L A I M A N T P U R P O S E J0 90.00 UNIVERSITY OF MINNESOTA TRAVEL & TRAINING it 67.54 WALOOR PUMP & EQUIPMENT CO REPAIR &MAINT., UTILITY 1 202 45.00 WEBER ELECTRIC INC REP. &MAI`dT., BUILDING &GRND 203 1,258.69 XEROX XEROX I 204 3.56 ZIEGLER INC SUPPLIES• VEHICLE 205 12.00 ROBERT ANDERSON SALARIES & WAGES,TEMPURARY j 206 8.00 THOMAS BUCHER SALARIES & WAGES,TEMPORARY 207 •22.00 PAUL FITZENBERGER SALARIES & WAGES,TEMPORARY i 208 22.00 JOHN FIT7_ENBERGE,R SALARIES C WAGES,TEMPCRARY 209 24.00 GERALD GRACHOWSKI SALARIES & i WAGES,TEMPCRARY 210 24.00 JAMES GRACHOWSKI SALARIES & WAGES,TEMPCRARY 211 79.63 JEFF HAFNER SALARIES & WAGES,TEMPCRARY 2 13975 DONNA KARNUTH SALARIES & WAGES,TEMPORARY 3 4.00 STEVEN LUKIN SALARIES E WAGES,TE1,`PCRARY 214 181.13 STEVE MONZEL SALARIES & WAGES,TEMPCRARY 215 8.00 TERRY ,MEIER SALARIES C i WAGES,TEMPCRARY � f 216 198.63 JOHN MLYNARCZYK SALARIES & WAGES,TEMIPCRARY i 217 206.00 JOHN MONETTE SALARIES & WAGES,TEMPCRARY 218 4.00 JOHN MOORE SALARIES & WAGES,TEMPCRARY i 219 186.38 RICH MONTGOMERY SALARIES & WAGES,TEMPGRARY 220 130.38 GREGORY h'OOS SALARIES & WAGES,TEMPCRARY i 221 108.71 DONNA NEELY SALARIES &. WAGES,TE'- 1PCRARY 1 222 144.38 DAVID NELSON SALARIES & WAGES,TEMPCRARY 223 18.00 PAUL PALIACHIK SALARIES & WAGES,TEMPCRARY `4 185.50 JOHN SCHARFFBILLIG SALARIES & WAGES,TEMPCRARY 5 .16.00 GARY STADLER SALARIES & WAGES,TE,%'PCRARY 1ILLAGE OF MAPLEWOOD ACCOUNTS PAYABLE DATE 03 -02 -72 ;HECK # A M 0 U N T C L A I M A N T P U .R P 0 S E 800000 RONALD BLOMQUIST CONSTRUCTION FUND 18.00 NICHOLAS ENSRUDE FEES FOR SERVICE 800.00 JOHN J KENNA CONSTRUCTION FUND 800.00 MUSKE - TANSEY CO CONSTRUCTION FUND 18.00 DONALD SHOLUND FEES FOR SERVICE 1.00 MARGO 0 ABRAMS REFUNDS 6.25 MRS RICHARD ANLAUF REFUNDS 1.00 ROY C BATES REFUNDS 1.00 C E BLAUD REFUNDS 1.00 BARBARA FEYEREISN REFUNDS 1.00 HAROLD HILLS REFUNDS 6.25 MRS JACKIE HAllARD REFUNDS 20.00 HOLIDAY MOTEL SUBSCRIPTIONS E MFt'BERSl-iIF I 1.00 ALVIN JOHNSON REFUNDS 4.23 DWIGHT JESSUP SUPPLIES, PROGRA,' j 2.00 FRANK JONES REFUNDS ( 1.00 WILLIAM KAISER REFUNDS 1.00 MRS EARL KNUTSON REFUNDS 1.00 HAROLD KOHLMAN REFUNDS j 15000 M I C C TRAVEL C TRAINING �I 2.00 RICHARD MOORE REFUNDS 1.00 ROBERT OLSON REFUNDS I 1.100 THOMAS OLSEN REFUNDS 1.00 ROGER PACHANO REFUNDS 1.00 ROBERT L PETERSON REFUNDS 1000 LEONARD J PARENT REFUNDS i i JILLAGE'OF MAPLEWOOD ACCOUNTS PAYA5LE DATE 03 =02 -72 TOTALING 5 Checks Totaling 137 :HECK # A M O U N T C L A I M .A N T P U R P O S E I 1.00 1000 10.00 1.00 168.00 1.00 1.00 )00129 THRU 000258 fiibCaR T 0 T A L GRAND TOTAL „n HOMER ROGERS LEOPARD J SACHI MRS BARBARA SCHLENER HAROLD J SCHORR RITA SMITH RICHARD SWANSON JOE TEMBREULL 130 CHECKS TOTALING 132 CHECKS TOTALING 5 Checks Totaling 137 Checks Totaling Payroll REFUNDS REFUNDS REFUNDS REFUNDS ELECTION EXPENSE REFUNDS REFUNDS 107,453.99 107,760.99 739.69 108, 500. 68 21,276.70 1291 766. 38 ILLAGE•OF MAPLEW00 D ACCOUVTS PAYABLE DATE 03 -02 -72 H E C'K # A M O U N T C L A I M A N T P U R P 0 S E �0 18.25 STATE OF MINNESOTA FEES FOR SERVICE 15521 288.75 RECREATION SERVICE INC FEES FOR SERVICE NECESSARY DIRECT EXPENDITURES SINCE LAST COUNCIL MEETING SUE -TOTAL 2 CHECK'S TOTALING 307.00 _.15515 9.85 Assoc. of Suburban Recnntion Executives Registration 15516 22.50 State of Minnesota Vehicle registrations 15517 235.35 Uniforms Unlimited Uniform items 15518 374.24 Uniforms Unlimited Uniform items 15519 97.75 Miller's Shoes Uniform items 5 Checks totaling 739.69 PAYROLL MARCH 2, 1 972 ITEM NO. CHECK NO. CLAIMANT AMOUNT 1. 3900 Vivian R. Lewis $ 207.49 2. 3901 Michael G. Miller 515.66 3. 3902 Donald W. Ashworth 364.88 4. 3903 Lucille E. Aurelius 276.89 5. 3904 Kenneth J. Casper 231.91 6. 3905 Phyllis C. Green 197.36 7. 3906 Arline J. Hagen 169.66 8. 3907 Betty D. Selvog 202.88 9. 3908 Lydia A. Smail 151.52 10. 3909 Charles E. Anderson 309 88 ll.. 3910 David L. Arnold 320.34 12. 3911 John H. Atchison 308.74 13. 3912 Anthony G. Cahanes 367.79 14. 3913 Dale K. Clauson 286.77 15. 3914. Kenneth V. Collins 335.88 16. 3915 Dennis S. Cusick 347.88 17. 3916 Dennis J. Delmont 308.75 18. 3917 Robin A. DeRocker 308.18 19. 3918 Richard C. Dreger 316.25 20. 3919 Raymond E. Fernow 288.43 21. 3920 Patricia Y. Ferrazzo 230.69 22. 3921. David M. Graf 307.56 23. 3922 Norman L. Green 322.88 24. 3923 Thomas L. Hagen 406.79 25. 3924 Kevin R. Halweg 231.98 26. 3925 James T. Horton 293.37 27. 3926 Donald V. Kortus 219.45 28. 3927 Roger W. Lee 302.97 290 3928 John J. McNulty 319.05 30. 3929 Richard M. 14oeschter 294.67 31. 3930 William F. Peltier 260.84 32. 3931 Dale E. Razskazoff 247.21 33. 3932 Robert D. Nelson 333.85 34. 3933 Richard W. Schaller 446.41 35. 3934 Robert E. Vorwerk 262.17 36. 3935 Duane J. Williams 292.25 37. 3936 Joel A. White 108.63 38. 3937 Joseph A. Zappa 384.60 39. 3938 Donald W. Skalman 280.34 40. 3939 Gregory L. Stafne 286.48 41. 3940 Pamela J. Schneider 154.70 42. 3941 Marcella M. Mottaz 177.43 43. 3942 Alfred C. Schadt 360.74 44. 3943 Frank J. Sailer 137.38 45. 3944 Bobby D. Collier 513.18 46. 3945 William C. Cass 335.52 3/2/72 �wf' 3 /2/72 ITEM NO. C CHECK NO. C CLAIMANT A AMOUNT ' 4 47. 3 3946 R Raymond J. Hite, Jr. $ $ 442.22 ' 4 48. 3 3947 D Dennis L. Peck 2 202.47 49. 3 3948 J Janet A. Rois 1 181.99 50. 3 3949 T Thomas J. Sanders 1 178.22 51. 3 3950 B Bernard A. Ka.eder 3 330.24 52, 3 3951 R Raymond J. Kaeder 2 289.02 53. 3 3952 H Henry F. Klausing 2 266.00 54. 3 3953 G Gerald W.'Meyer 2 218.68 55. 3 3954 J Joseph W. Parnell 2 274.84 56. 3 3955 A Arnold H. Pfarr 3 304.38 S7. 3 3956 J Joseph B. Prettner 3 399.69 58. 3 3957 E Edward A. Reinert 2 261.92 59. 3 3958 M Myles R. Burke 2 258.66 60. 3 3959 H Herbert R. Pirrung 3 341.27 61. 3 3960 S Stanley E. Weeks 2 266.27 62. 3 3961 D David Germain 2 220.19 63. 3 3962 K Kevin B. McNulty 9 90.50 64. 3 3963 F Frank R. Kirsebom 3 324.34 65. 3 3964 A Anthony T. Barilla 3 377.47 66. 3 3965 R Ridhard J. Bartholomew 2 291.48 67. 3 3966 L LaVerne S. Nuteson 2 245.02 68. 3 3967 G Gerald C. Owen 2 290.25 69. 3 3968_ J JoAnn C. Christensen 1 171.97 70. 3 3969 J John -P. Joyce 3 334.01 71. 3 3970 E Eric J. Blank 2 285.57 72. 3 3971 J Judy M. Chlebeck 1 181.99 ;4 73. 3 3972 L Lester G. Axdahl 1 1.63.18 74. 3 3973 J John C. Greavu 1 132.49 75. 3 3974 H Harald L. Haugan 1 124.69 76. 3 3975 P Patricia L. Olson 1 124.69 77. 3 3976 D Donald,J. Wiegert 1 124.69 78. 3 3977 C Clifford J. Mottaz 2 239.02 Check No. 3 3900 through Check No. 3 3977 TOTAL $ $21,265.70 3 /2/72