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HomeMy WebLinkAbout06-05-75AGENDA Maplewood City Council 7 :80 P.M., Thursday, June 5, 1975 Municipal Administration Building Meeting 75 ° 19 (A) CALL TO ORDER B) ROLL CALL (C) APPROVAL OF MINUTES 1. T ✓�_n�tes "IS l7 (May 15) & b4inuetes 75 °16 (May 8) (D) APPROVAL OF AGENDA (E) PUBLIC HEARINGS a 1� Sui >d.ivision (Preliminary Plat) - Maplewood Heights 46 ('130) 2.. Subdivision (Preliminary Plat Revision) - Bradley Park (7045) (F) AWARDING OF BIDS �_�)_ _ Paramedic Radio Equipment (G) APPROVAL OF ACCOUNTS (H)' UNFINISHED BUSINESS_ —J.. , Subdivision (Final Plat)- Battle Creek Court 2. Building and Site Plan Review - Gervais Avenue /Highway 61 (M M Development Corporation) 3. Sign and Landscaping Plan - 1740 Gervais Avenue (Condor Corporation) 4. Planned Unit Development Maple woods (Foundations) 5. Northeast Area Streets- Radatz Avenue and Ariel Street 6. Overlay District - Ordinance 7: Storm and Sanitary Sewer Improvement -- County Road D, West. of White hear Avenue IIe water Improvement (Booster Station) ° Beebe Road (Supplemental Agreement) (I) VISITOR PRESENTATION - Saints North Roller Rink (J) NEW BUSINESS ls— Pia:i Change (Rm to LSC) - 2866 White Bear Avenue 2. Special Exception (Ceramics School) - 1973 Desoto 3, Lot Division - 1803 East County Road C 4. Assessment Cancellations: a. A, E. Johnson Request b, City Property 5. County Ditch 18 - County Open Space 6. Parking .Regulation - Keller Parkway /Arcade Street (Spoon Lake) 7. Bus Route Extension #11 (To Maplewood Mall) (K) COU_NCI_L PRES'NTATIONS 1. mct>ona IcI ° s Stop Signs 2. Council Salaries 3. Other: a, Proclamation -Apt _ of Jul A )_ b • _ Insurance Committee Meeting-_Re uest C. BeebeLab d, Mobile Home Tie Down Ordinance 1st Readin e, Election (even years) f. Review of Ordinances g, Tree Spade (L) ADMINISTRATIVE PRESENTATIONS 1, Property Acquisition - Fire Funeral Home (Stillwater Ave.), Lot variance(2204° 2. hearing Dates Maplev-iew),_Lot_width -v riagcg�(� -corner Skillman .& English) Tauer Plat, Diseased Tree, Deferments & Off-Sale 3. Donation - North Maplewood Lions and Lionells Liquor icz 4. Count] Ditch 17 (request for County action_ (M) An- J, ^ITRNDJFNT MINUTES OF THE MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, June 5, 1975 Council Chambers, Municipal Building Meeting No. 75 -19 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:32 P.M. by Mayor Bruton. ROLL CALL Robert T. Bruton, Mayor Present John C. Greavu, Councilman Present Donald J. Wiegert, Councilman Present Norman G. Anderson, Councilman Present Burton A. Murdock, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 75 -16 (May 8, 1975) Councilman Wiegert moved that the Minutes of Meeting No. 75 -16 (May 8 1975) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. 2. Minutes No. 75 -17 (May 15, 1975) Councilman Anderson moved that the Minutes of Meeting No. 75 -17 (May 15 1975) be approved as corrected: Page 5, Item J1 -c: insert "bound" instead of "south ". Seconded by Councilman Wiegert. Ayes - all. 3. Minutes No. 75 -18 (May 22, 1975) Councilman Wiegert moved that the Minutes No. 75 -18 (May 22 1975) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Bruton moved to approve the Agenda as amended: 1. Proclamation 2. Meeting - Insurance Committee 3. Meeting - Beebe Lab 4. Ordinance - Trailer Tie -down 5. Elections - Even years 6. County Ditch 17 - 1 - 6/5 Seconded by Councilman Murdock. Ayes - all. E. PUBLIC HEARINGS 1. Subdivision (Preliminary Plat) - Maplewood Heights No. 6 (7:30 P.M.) a. Mayor Bruton convened the meeting for a public hearing regarding-.a proposed subdivision of land known as Maplewood Heights No. 6. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that the proposed preliminary plat be approved. c. Commissioner Lorraine Fisher presented the following Planning Commission re- commendation: "Commissioner Howard moved that the Planning Commission recommend to the City Council that the proposed subdivision of Maplewood Heights No. 6 be approved subject to all lots meeting code requirement of minimum 10,000 square feet, and street names be such as not to tend to confuse people with streets in other parts of the area (area to include North Saint Paul). Commissioner Kishel seconded. Ayes - all." d. Mayor Bruton asked if anyone wished to be heard for or against the proposed preliminary plat. None were heard. e. Mayor Bruton closed the public hearing. f. Councilman Wiegert moved to approve the preliminary plat of Maplewood Heights No. 6 with the suggestion that it be determined if the streets line up with ex- Seconded by Councilman Murdock. Ayes - All. 2. Subdivision (Preliminary Plat Revision) Bradley Park (7:45 P.M.) a. Mayor Bruton convened the meeting for a public hearing regarding the proposed re- subdivision of the existing plat of Bradley Park to be known as Neujahr Addit- ion. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and recommended that the preliminary plat be approved subject to the following conditions: 1. All lots shall be charged neighborhood park fees in accordance with the present ordinance; 2. Easements shall be provided from the cul -de -sacs to Bradley Street. Said easement shall provide a paved pedestrian bicycle path accessway; 3. Fire hydrants shall be provided in accordance with the requirements of the City Fire Marshal; 4. Owner and applicant shall agree to the above conditions in writing. c. Commissioner Lorraine Fisher presented the following Planning Commission re- commendation: - 2 - 6/5 "Commissioner Fischer moved that the Planning Commission recommend to the City Council that the preliminary plat, Neujahr Addition, located east of Bradley and west of DeSoto Street, plans dated May, 1975, be approved subject to the following conditions: 1. All lots shall be charged Neighborhood Park Fees according to the present ordinance; 2. A walkway easement be provided between DeSoto Court and Bradley, 15 feet wide, paved to 10 foot width; 3. Fire hydrants shall be provided in accordance with the requirements of the Fire Marshal; 4. If it is agreeable to present owners, Lots 2 and 3 of the previous subdivision be incorporated into the numbering system of this proposed preliminary plat; 5. Owner and applicant shall agree to the above conditions in writing. Commissioner Waldron seconded. Ayes - all with Commissioner Flaugher abstaining. Commissioner Disselkamp moved that the Planning Commission recommend to the City Council that Lots 6 and 19 through 28 of the Neujahr Addition be designated to be rezoned to R -2 with the remaining lots rezoned to R -1. Commissioner Howard seconded. Ayes - all." d. Mr. Glenn Neujahr, the applicant, spoke on behalf of the proposal and reviewed the conditions. e. Mayor Bruton called for persons who wished to be heard for or against the proposal. None were heard. f. Mayor Bruton closed the public hearing. g. Councilman Wiegert Bradlev Park to become liminary plat to re- subdi, ect to the P1 s 1. All lots shall be charged Neighborhood Park Fees according to the present ordinance; 2. A walkway easement be provided between DeSoto Court and Bradley, 10 feet wide, paved to 6 foot width; 3. Fire hydrants shall be provided in accordance with the requirements of the Fire Marshal; 4. If it is possible, Lots 2 and 3 of the previous subdivision be incorporated into the numbering system of this proposed preliminary plat. Staff to pursue along with applicant; 5. Owner and applicant shall agree to the above conditions in writing. Seconded by Mayor Bruton. Ayes - all. F. AWARDING OF BIDS 1. Paramedic Radio Equipment a. Manager Miller stated that the proper radio equipment is only available through one supplier. Manager Miller presented Council a quotation from Motorola Communi- cations. - 3 - 6/5 b. Councilman Greavu moved to declare Motorola Communications the only available supplier of the proper paramedic radio equipment. Seconded by Councilman Wiegert, Ayes - all, c, Councilman Greavu introduced the following resolution and moved its adoption: 75 -6- 79 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Motorola Communications in the amount of $6,660,00 is the only responsible bid for the purchase of Paramedic Radio Equipment and the proper City officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Wiegert, G. APPROVAL OF ACCOUNTS Councilman Wiegert moved that the a No. 15006 through Check No, 15117 - $64,777.37: Part II - Payroll Chec Check No. 8468 through Check No. 85 paid as submitted. Seconded by Councilman Anderson, H UNFINISHED BUSINESS Ayes - all, t I - Fees, Services, Expenses - Check Check No, 770 through Check No. 814 - hrough Check No. 8467x- $30,570.42; .09) in the amount of $224,761.39 be Ayes - all. 1, Subdivision (Final Plat) - Battle Creek Court a. Manager Miller stated the approval of the preliminary plat for Battle Creek Court was given by the Council on April ',3, 1975. The applicant has now completed all the conditions of the preliminary plat and approval of the final plat is re- commended. b. Councilman Murdock moved to approve the Battle Creek Court final plat Seconded by Councilman Wiegert. Ayes - all. 2. Building and Site Plan Review - Gervais Avenue /Highway 61 (M M Development Corp.) a. Manager Miller stated at the May 15, 1975 meeting the City Council reviewed the recommendation of the Board for the warehouse /office building proposed by M M Development at the southwest corner of Highway 61 and Gervais Street. As a con- sequence of that review the Council referred condition No. 5 of the Board's re- commendation for further discussion, Manager Miller presented the staff report with the recommendation that condition $5 be retained in its present form. It is further recommended that the following parking requirements be established for general industrial uses permitted in the M -1 district and warehouse uses for sub- ject property: General Manufacturing Uses: 1 parking space for each 400 square feet of floor area. Warehouse: 1 parking space for each 1,000 square feet of floor area. - 4 - 6/5 b. Director of Community Development Reed presented the following Community Design Review Board recommendation: "Board Member Howard moved that the Board recommend to the City Council that condition 5 of their previous recommendation, remain in its present form since no new information has been presented to cause the Board to believe that it is not feasible. Board Member Simkins seconded. Ayes: Members Howard, Glasow, Simkins Nays: Members Cody and Ottman Motion carried." c. Mr. Dick Peterson, attorney representing M M Development, stated they agree to all the conditions except No. 5. d. Councilman Wiegert moved to approve the building and site plans of M M Develop- ment subject to the following conditions: 1. The landscaping plan submitted by applicant is approved as revised on the marked plan dated 5/13/75 carrying the initials of Chairman Glasow; 2. Applicant shall provide adequate parking in accordance with the standards as provided for in the Design Review Board policy; 3. If external storage areas will be required, plans shall be submitted for staff review and approval. The design and materials of this facility shall be related to and compatible with the architecture of the main building; 4. Applicant shall petition for the improvement of Gervais Avenue in accord- ance with plans and specifications approved by the City Engineer. The applicant agrees not to protest the project or assessments resulting from this improvement; 5. Parking requirements shall be based on the following: Office use - one space for 200 square feet; Manufacturing use - one space for 400 square feet; Warehouse use - one space for 1,000 square feet, and Council accepts a_ minimum of 107 spaces; 6. Gas lines from the off -site LP gas tank providing standby service to sub- ject property shall comply with all requirements of the Engineering and Public Safety Departments; 7. Signing for the building and individual tenants shall be in accordance with the proposals presented by the applicant in the sign content detail sheet of the approved plan. All other signs, flags, banners and similar attention getting devices are prohibited; 8. There shall be a time limit of 180 days from the date of City Council approval of the plans to obtain all necessary building permits. Council may extend this time limit upon request; 9. All utilities shall be located underground from the point where they enter the site; 10. Signs, building materials, design and related architectural elements as shown on submitted plans or as modified by conditions shall not be changed in any manner without review and approval by the City Council. Any changes made contrary to the above may result in revocation of the building /site plan and /or occupancy permits. Colors shall be same as those used on applicant's previous building at 2416 Maplewood Drive (Highway 61); 11. owner and applicant shall agree to the above conditions in writing. Seconded by Councilman Anderson. Ayes - all. - 5 - 6/5 3. Sign and Landscaping Plan - 1740 Gervais Avenue (Condor Corp.) a. Manager Miller presented the staff report. b. Mr. Doug McMillan, attorney representing Condor Corp.,spoke on behalf of their request. c. Mr. James Riley, Condor Corporation, also spoke. d. Mayor Bruton moved that the requests made by Condor Corporation should be ferred to the Community Design Review Board through staff, as the Board is the appropriate agency that this should go through. Seconded by Councilman Anderson. Ayes - Mayor Bruton, Councilmen Anderson, Murdock and Wiegert. Nays - Councilman Greavu. Motion carried. e. Council stated they support the staff in the assigning the address of Condor Warehouse as 1740 Gervais Avenue. Councilman Greavu requested the minutes of the meetings pertaining to the Condor Warehouse. 4. Planned Unit Development - Maple Woods (Foundations) a. Manager Miller stated at the meeting of May 15, 1975, Council approved the Maple Woods Planned Unit Development time extension conditioned upon the develop- ers appearing before the Council to discuss the existing foundations which have been left in the area to the north and east of the townhouse development along McKnight Road. The developers have agreed to appear at this meeting. b. Mr. Ed Helfrey, representing Maple Woods, requested he be allowed to cover the foundations, not remove them. c. Following further discussion, Mr. Helfrey stated he would sign the agreement to comply with the Council imposed conditions including covering the foundations. 5. Northeast Area Streets - Radatz Avenue and Ariel Street a. Manager Miller presented a feasibility report relating to the construction of Ariel Street between Radatz Avenue and Beam Avenue. The feasibility report indicates that it is feasible to construct the roadway from an engineering stand- point; however, there would be a high cost benefit ratio to provide service to only a few owners. The report also outlines another alternative which should be considered by the Council. The social aspect of the roadway system in the area appears to be greater than the question of the engineering feasibility for construction. It is, therefore, recommended that citizen input from area residents be obtained prior to making a decision to change the currently ordered project. b. Director of Public Works Collier explained the feasibility report in detail. - 6 - 6/5 c. Mayor Bruton called for persons who wished to be heard. The following persons expressed their opinions: Mr. Buttermore; Mr. Bill Mikiska, 2003 Radatz Avenue; Mr. Francis Trepanier, 2810 White Bear Avenue; Mr. Ray Rossbach, 2055 Radatz Avenue; Mr. Elmer Burkeman, 2015 Radatz Avenue. d. Councilman Anderson introduced the following resolution and moved its adoption: 75 -6 -80 WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota has deemed it necessary and expedient to revise the construction plans for the improvement for Radatz Avenue from White Bear Avenue to Frederick Street; NOW, THEREFORE, BE IT RESOLVED that the Engineer is directed to cause the necessary changes to be made in the improvement plans to reflect Engineering Alternate #1. Seconded by Councilman Wiegert. Ayes - Councilman Anderson, Greavu, Murdock and Wiegert. Nays - Mayor Bruton. Motion carried. 6. Overlay District - Ordinance a. Manager Miller suggested that due to the lateness of the hour, this item be referred to the Planning Commission and that it be placed on the Agenda for June 19, 1975 meeting. A copy of the ordinance will be available at the counter in the Administration Office. b. Councilman Wiegert questioned several items in the proposed ordinance. c. Mayor Bruton moved that the proposed Overlay District Ordinance comments, be referred to the Planning Commission and the CommunityD Board for their comments and recommendations. Seconded by Councilman Anderson. Ayes - all. with Council's 7. Storm and Sanitary Sewer Improvement - County Road D, West of White Bear Avenue a. Manager Miller presented the staff report and recommended that the City Council direct the preparation of plans and specifications and authorize the City Engineer to engate the services of Suburban Engineering to assist as required. b. Director of Public Works Collier presented the specifics of the proposal. c. Councilman Anderson introduced the following resolution and moved its adoption: 75 -6 -81 WHEREAS, the City Council of Maplewood, Ramsey County, Minnesota deems it necessary and expedient that the improvement of County Road "D" between White Bear Avenue and the Burlington- Northern Railroad tracks be improved by construct- ion of storm sewers, sanitary sewers, sanitary sewer connections and necessary 7 - 6/5 appurtenances; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the necessary final plans and specifications for said construction be pre- pared and the City Engineer be authorized to secure the services of Suburban Engineering, Inc, for the necessary engineering services. Seconded by Councilman Wiegert, Ayes - all. 8. Water Improvement (Booster Station) - Beebe Road Supplemental Agreement a. Manager Miller stated with the decision of the Council not to proceed with the wholesale water system, it is no longer necessary to include a 36" supply line from the pumping station to the south side of Larpenteur. It is recommended that this line now be deleted from the contract with a net decrease in price of $55,648.67 from the original contract price of $456,267.00. b. Mayor Bruton introduced the following resolution and moved its adoption: 75 - 6 - 82 WHEREAS: A. The City Council of the City of Maplewood has heretofore ordered made Improvement Project No. 73 -1, Water Booster Station, and has let a construction contract therefore pursuant to Minnesota Statutes Chapter 429; B. Said construction contract was awarded on a unit price basis for a total contract price of $456,267.00; C. It is necessary ;andc! expedient that said contract be modified so as to reduce the units of work at the same unit price at a reduction of $55,648.67; D. A Supplemental Agreement, attached hereto and incorporated herein by reference, has been presented to the Council for the purpose of effecting such modification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract with respect to Porject No. 73 -1, Water Booster Station, by executing said Supplemental Agreement. Seconded by Councilman Anderson. Motion carried. I. VISITOR PRESENTATIONS Ayes - Mayor Bruton, Councilmen Anderson, Greavu and Murdock. Nays - Councilman Wiegert. 1. Mr. Dick Schreier, 2125 DeSoto, stated he received a letter dated April 30 regard- ing the color of the roller rink at 1818 Gervais. The building was painted the present color late in 1973 and they weren't aware that the color was part of the conditions. The tenant feels to repaint at this early date is not in accord with a prudent mainten- ance practice and requests that the present color be accepted until normal maintenance - 8 - 6/5 calls for painting, then they will be happy to paint the building a color acceptable to the City Planner, as requested in the letter. The letter stated he was to repaint or come before the Council on June 5th, to show cause why it wasn't painted. Councilman Wiegert time as it re( GSq Seconded by Councilman Anderson. Ayes - all. J. NEW BUSINESS 1. Plan Change (RM to LSC) - 2866 White Bear Avenue a. Manager Miller presented the staff report and stated it is recommended that the proposed plan change from RM to LSC for the easterly 230 feet of the subject property be approved. b. Commissioner Fischer presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Commission recommend to the City Council that in as much as the RM area which remain will provide sufficient buffering from the low density areas, and that the one point of contact is insignificant as long as implementation includes LBC type zoning, it is recommended that the proposed plan change from RM to LSC for the easterly 230 feet of the subject property be approved. Seconded by Commissioner Kent. Ayes 8; Nay Commissioner Howard." c. A property owner of one of the abutting properties spoke. He questioned the buffering of the property in question, height of building, etc. d. Councilman Wiegert introduced the following resolution and moved its adoption: 75 -6 -83 WHEREAS, the Maplewood City Council and the Maplewood Planning Commission have prepared and adopted a Comprehensive Community Plan in compliance with the requirements of Section 462.355 of the State Planning Enabling Legislation; and WHEREAS, said Section 462.355 provides for subsequent amendment of said Comprehensive Plan which reflect changed conditions;' and WHEREAS, the Maplewood Planning Commission has conducted the required public hearing and has given consideration to all evidence and testimony submitted at such hearing held on May 19, 1975; and WHEREAS, the Maplewood City Council has reviewed said amendment; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City. Council hereby amends the Comprehensive Plan for Maplewood as follows: The land use designation for the area located generally on the south side of Beam Avenue between White Bear Avenue and a point approximately 700 feet easterly thereof previously recommended as Rm, Residential Medium Density, is changed to LSC, Limited Service Center, for the following reasons: - 9 - 6/5 1. Council finds the change to be minor in nature; 2. Undesirable effects of LSC uses are partially limited by public ownership. Seconded by Councilman Anderson. Ayes - all. 2. Special Exception (Ceramics School) - 1973 Desoto a. Manager Miller presented the staff report with the recommendation that the proposed special exception be denied as detrimental to the existing zoning and land development. b. Commissioner Fischer presented the following Planning Commission recommendation: "Commissioner Kent moved that the Planning Commission recommend to the City Council that the proposed special exception be denied as detrimental to the existing zon- ing and land development. Commissioner Waldron seconded. Ayes all." C. Councilman Wiegert moved to deny the request for Special Exception to construct a single family residential structure to be used exclusively for a ceramics school at 1973 Desoto Street, based on the reasons advanced by the Planning Commission report. Seconded by Councilman Murdock. Ayes - all. 3. Lot Division - 1803 East County Road C a. Manager Miller stated the applicant wishes to divide a single parcel of ap- proximately 3 acres to create two lots. It is recommended that the division re- quest be approved subject to the following conditions: 1. The division not to become effective until such time that Ramsey County ac- quires the northerly Plot B; 2. All deferred assessments to be paid; 3. Owner and applicant agree to the above conditions in writing. b. Mr. N. R. Dittberner, realtor, representing the applicants, explained the request. c. Councilman Murdock moved to approve the lot division as presented for 1803 E. County Road C subject to the following conditions: 1. The division not to become effective until such time that Ramsey County acquires the northerly Plot B; 2. All deferred assessments to be paid; 3. Owner and applicant agree to the above conditions in writing. Seconded by Councilman Wiegert. Ayes - all. 4. Assessment Cancellations a. A. E. Johnson Request - 10 - 6/5 1. Manager Miller stated Mr. Arnold Johnson has requested deferment of his assessments for the Londin Lane Improvements. The assessments were levied in 1971 and 1972. Manager Miller presented the staff report and recommended that the request for deferment be denied. 2. Mr. Arnold Johnson spoke on behalf of his request. 3. Councilman Murdock moved to refer to staff to cooperate with Mr. Johnson regarding the question of the drainage in the area and any deficiancies Seconded by Councilman Wiegert. Ayes - all. b. City Property 1. Manager Miller presented two resolutions approving cancellation of assess- ments against two properties purchased by the City. One covers the Markham pit area north of County Road C and the other the Lillian Olson property on Arcade Street. Passage of both resolutions is recommended. 2. Councilman Murdock introduced the following resolution and moved its adoption: 75 -6 -84 A RESOLUTION CANCELLING an Assessment Installment for Sanitary Sewer purposes indentified as Ramsey County Land Commissioners File No. 186, D.P. 49, and Code No. 57 00910 050 70 in the office of Department of Property Taxation, County of Ramsey, State of Minnesota, affecting property acquired by the City of Maplewood, (Formerly Village of Maplewood) from Lillian E. Olson, aka as Lillian Ethel Olson by Warranty Deed dated August 8, 1972, de- scribed as follows; viz: UNPLATTED LANDS W 525.61 ft of N 41.44 ft of S 464.97 ft of SW 1/4 (subj to road & ease- ment) in Section 9, Township 29, Range 22 according to the plat on file and of record in Register of Deeds in and for Ramsey County, Minnesota, (ace. to United States Gov't. Survey thereof) WHEREAS, there remains on the records of the Department of Property Tax- ation, Ramsey County, Minnesota, the above identified SEWER ASSESSMENT in the amount of $20.12 payable in 1974, which inadverdently was not included for cancellation at the time resolution was passed by said Council of the City of Maplewood cancelling real estate taxes for the year of 1974 payable in 1975 affecting above described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that the above assessment for sewer purposes in the amount of $20.12 be cancelled and removed from taxation records of the Department of Property Taxation, Ramsey County, Minnesota; Further identified as File -A- 88798 pertaining to Code #57 00910 050 70. Seconded by Mayor Bruton. Ayes - all. - 11 - 6/5 3. Councilman Murdock introduced the following resolution and moved its adoption: 75 -6 -85 A RESOLUTION REQUESTING ABATEMENT AND CANCELLATION of taxes of record for the year of 1972 payable in 1973 on lands owned by the City of Maplewood, (Formerly Village of Maplewood), legally described as follows: UNPLATTED LANDS The S 1/2 of the NW 1/4 of the SE 1/4 of Sec. 3 Town. 29 N, Range 22 West, Ramsey County, Minnesota, and the SW 1/4 of the SE 1/4 of Sec. 3, Town 29, N, Range 22 West, except the West 578 feet of the South 1.310 feet thereof; subject to Hazelwood Avenue, County Road "C" and Kennard Street; and subject to utility easements of record: DESCRIBED BY RAMSEY COUNTY DATING PROCESSING AS: UNPLATTED LANDS: Ex W 578 ft of S 1310 ft the S 60 acres of W 1/2 of SE 1/4 (subj to rds) in Sec 3 T. 29 R. 22 (acc. to the United Stated Govt. Survey thereof) BOTH descriptions IDENTIFIED as Code No. 57 00310 070 77 080 77 - MAPLEWOOD in the office of Department of Taxation, County of Ramsey, State of Minnesota (Formerly: Ramsey County Auditor); WHEREAS, the City of Maplewood (Formerly Village of Maplewood) acquired the above described property by Stipulatinn Agreement from Markham Brothers Construction Company, a Minnesota Corporation dated September 23, 1971, and whereas, Markham Brothers Construction - Company desired; to become a party - respondent to the order of the District Court, 2nd Judicial District, Ramsey County, Minnesota, dated August 31, 1971 and amended on September 20, 1971, above property having not been included in said District Court Order; FURTHER, whereas above stated property was acquired by the City of Maple- wood for construction of a settling pond and desilting basin incident to the Beam Avenue Construction Project (an accessory to Maplewood Mall); and WHEREAS, there remains on the records of Department of Taxation, Ramsey County, Minnesota, unpaid taxes in the total amount of $1,531.19 for the year of 1972, payable in 1973, affecting above property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA., that the above stated taxes in the amount of $1,531.19 consisting of $1,361.06 and taxes and penalties and interest of $170.13, to June 25, 1975, or total $1,531.19, BE ABATED and cancelled on the taxation records in the Department of Taxation, Ramsey County, Minnesota, IDENTIFIED as Code Number 57 00310 070 77 (080 77) of Ramsey County Department of Taxation. Seconded by Councilman Anderson. Ayes - all. 5. County Ditch 18 - County Open Space a. Manager Miller presented the staff report. b. Manager Miller presented the following Parks and Recreation Commission recom- mendation: - 12 - 6/5 "notion was made by Fox, Seconded by Glover, "To recommend to the City Council to approve the County Ditch 18 Proposal. as outlined by staff." Ayes - 7, Nays - 0, Abstainted - 1." c. Commissioner Fischer presented the following Planning Commission recommendat- ion: "Commissioner Kent moved that the Planning Commission recommend to the City Council that the County Ditch #18 Open Space acquisition be approved as in keeping with the Plan for Maplewood and Ramsey County be commended on the program. Commissioner Prew seconded. Ayes all. A, Commissioner Waldron moved that the Planning Commission recommend to the City Council that the implementation of the County Ditch #18 Open Space acquisition concept that the two additional parcels described in the staff report be included in that acquisition, that the present negotiations between the Public Safety Department and the County regarding a trade -off on land be carried forward to condlusion, that the development of a system of underpasses to allow bicycles and pedestrians to cross the roadways be explored. Commissioner Fischer seconded. Commissioner Prew moved an amendment that all the reference to the trade -off of land in the Carver School area be deleted from the motion. Commissioner Howard seconded. Ayes all. Voting on the motion as amended: Ayes: Commissioners Howard, Kent, Waldron, Axdahl, Fischer, Kishel, Pres; Nay: Commissioners Barrett and Disselkamp." d. Mayor Bruton stated the meeting has reached the 11:30 P.M. deadline so this will be the last item discussed and the meeting will be adjourned at 12:00 midnight and automatically reconvene this meeting and agenda on Tuesday evening (June 10, 1975) at 7:30 P.M. e. Mr. Larry Holmberg, representative of Ramsey County Open Space Program, spoke regarding County Ditch 18. M. ADJOURN]PHENT 12:00 Midnight. Cit Clerk - 13 - 6/5