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HomeMy WebLinkAbout01.17.80 MIIdUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, January 17, 1980 Council Chambers, Municipal Building Meeting No. 80-2 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 7:30 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Absent - Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 80-1 (January 3, 1980) Councilman Nelson moved that the Minutes of Meeting No. 80-1 (January 3 1980) be approved as submitted. Seconded by Councilperson Juker. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Monday Night Meetings 2. Report on Meeting of January 9, 1980. 3. Mayor - Explanation of AFSCME Contract Offer Seconded by Councilman Nelson. Ayes - allo E. CONSENT AGENDA Councilman Nelson moved, seconded by Mayor Greavu, ayes all, to approve the Consent Agenda Items 1 through 10 as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check No. 003931 through Check No. 003945 - $40,621.00; Check No. 004229 through Check No. 004364 - $87,566.64; Check No. 003946 through Check No. 003958 - $56,547.66; Check No. 004365 through Check No. 004398 - $16,380.79: Part II - Payroll - Check No. 22971 through Check No. 23095 - $48,081.97) in the amount of $249,198.06 be paid. - 1 - 1/17 2. Sandhurst Drive, Van Dyke - Hazel - Improvement No. 78-21 Approved to table action on this matter until a request for further consideration is made by the petition sponsor. 3. Resolutions of Appreciation - Design Review Board Resolution No. 80-1-10 WHEREAS, Mildred Haugan became a member of the Community Design Review Board of Maplewood, Minnesota, in March of 1977 and has served continuously in that capacity to the present time; and WHEREAS, she has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, she has shown dedication to her duties and has consistently contributed her leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED, for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City that Mildred Haugan is hereby extended our heartfelt gratitude and appreciation for this dedicated service and we wish her con- tinued success in the future. Resolution No. 80-1-11 WHEREAS, Donald Huot became a member of the Community Design Review Board of Maplewood, Minnesota, in January of 1976 and has served continuously in that capacity to the present time; and WHEREAS, he was elected and served as Chairman of the Communtty Design Review Board from January, 1978 through December, 1979; and WfIEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown dedication to his duties and has consistently contributed his leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED, for and on behalf of the City of Maple- wood, Minnesota, and the citizens of the City that Donald Huot is hereby extended our heartfelt gratitude and apprecation,:for this dedicated service and we>wish ham continued success in the future. 4. Planning Commission - Annual Report Accepted the 1979 Annual Planning Commission Report. 5. Time Extension - Clausen Addition Approved an additional 90 day time extension of the preliminary plat for the Clausen Addition subject to the original conditions. _ 2 _ 1/17 6. Adjustment of Developer's Bill - Brookview Court Authorized a transfer of $5,614.00 from the General Fund to the Special Assessment Fund as a credit for in-house engineering, administrative overhead, and interest expense for the Brookview Court Addition developer's project. 7. Property Divisions a. Division No. 055232 - Resolution No. 80-1-12 WHEREAS, pursuant to Resolution 61-9-169, 79-8-210 and 77-7-124 of the City Council of Maplewood, adopted September 7, 1961, August 9, 1979 and July 26, 1977, the special assessments for the construction of Sanitary Sewer 3, Trees 78-6 and Tree Removal 76-6 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that _ the assessments for Sanitary Sewer 3, Trees 78-6 and Tree Rernoval 76-6 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. b. Division No. 055340 - Resolution No. 80-1-13 WHEREAS, pursuant to Resolution 70-9-135, 76-8-155 and 77-7-124 of the City Council of Maplewood, adopted September 1, 1970, August 19, 1976 and July 26, 1977, the special assessments for the construction of Water Improvement 69-21, Diseased Trees and Removal 76-6 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached-list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 69-21, Diseased Trees and Removal 76-6 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. c. Division No. 055147 - Resolution No. 80-1-14 WHEREAS, pursuant to Resolution 78-8-161, 78-8-169 and 69-8-210 of the City Council of the City of Maplewood, adopted August 10, 1978, August 22, 1978 and August 9, 1979, the special assessments for the construction of Trees 77-6, Carver Improve- ment 76-3 and Trees 78-6 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; - 3 - 1/17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Trees 77-6, Carver Improvement 76-3 and Trees 78-6 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. d. Division No. 055203 - Resolution No. 80-1-15 WHEREAS, pursuant to Resolution 70-9-141A, 78-8-161 and 78-8-169 of the City Council of Maplewood, adopted September 14, 1970, August 10, 1978 and August 22, 1978, the special assessments for the construction of Sanitary Sewer 78-SAS-2, Trees 77-6 and Carver 76-3 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOll, MINNESOTA, that the assessments for Sanitary Sewer 68-SAS-2, Trees 77-6 and Carver 76-3 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. e. Division No. 055040 - Resolution No. 80-1-16 WHEREAS, pursuant to Resolution 64-9-222, 78-8-170 and 78-8-174 of the City Council of Maplewood, adopted September 9, 1964, August 22, 1978 and August 22, 1978, the special assessments for the construction of Water Improvement 3, County Ditch 17, Improvement 74-18 and Water Improvement 75-16 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 3, County Ditch 17, Improvement 74-18 and Water Improvement 75-16 against-the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. f. Division No. 055174 - Resolution No. 80-1-17 WHEREAS, pursuant to Resolution 59-9-76 and 70-9-133, 78-8-174 and 78-8-161 of the City Council of Maplewood, adopted September 3, 1959, September 1, 1970, August 22, 1978 and August 22, 1978, the special assessments for the construction of Sanitary Sewer No. 1, Water Improvement 69-9, Water Improvement 75-16 and County Ditch 17, Improvement 74-18 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer No. 1, Water Improvement 69-9, Water Improvement 75-16 and County Ditch 17, Improvement 74-18 against the heretofore mentioned proper- ties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. - 4 - 1/17 g. Division No. 055139 - Resolution No. 80-1-18 WHEREAS, pursuant to Resolution 78-8-174 and 78-8-170 of the City Council of Maplewood, adopted August 22, 1978 and August 22, 1978, the special assessments for the construction of Water' 75-16 and County Ditch 17, Improvement 74-15 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water 75-16 and Gounty Ditch 17, Improvement 74-18 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. h. Division No. 055191 - Resolution No. 80-1-19 WHEREAS, pursuant to Resolution 75-7-124 of the City Council of Maplewood, adopted July 31, 1975, the special assessments for the construction of Trees 74-6 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Trees 74-6 against the heretofore mentioned properties be correct- ly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. i. Division No. 055275 - Resolution No. 80-1-20 WHEREAS, pursuant to Resolution 61-9-171 and 70-9-137 of the City Council of Maplewood, adopted September 7, 1961 and September 1, 1970, the special assessments for the construction of Sanitary Sewer No. 5-1 and Water Improvement 69-12 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer No. 5-1 and Water Improvement 69-12 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. - j. Division No, 055084 - Resolution No. 80-1-21 WHEREAS, pursuant to Resolution 79-8-210 of the City Council of Maplewood, adopted August 9, 1979, the special assessment for removal of Diseased Trees 78-6 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; - 5 - 1/17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Trees 78-6 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. k. Division No. 055381 - Resolution 80-1-22 WHEREAS, pursuant to Resolution 69-9-162 of the City Council of Maplewood, adopted September 10, 1969, the special assessments for the construction of Water Improvement No. 68-1 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement No. 68-1 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. 1. Division No. 055229 - Resolution 80-1-23 WHEREAS, pursuant to Resolution 69-9-155, 70-9-130, 61-10-219, 72-9-194, 74-8-183B, 73-8-196, 73-8-195, 73-8-195, 78-8-174, 76-8-152 and 76-8-162 of the City Council of Maplewood, adopted September 9, 1969, September 1, 1970, October 7, 1971, September 6, 1972, August 20, 1974, August 28, 1973, August 28, 1973, August 28, 1973, August 22, 1978, August 19, 1976 and August 24, 1976, the special assessments for the construction of Street Improvement, Street Improvement, Sanitary Sewer 6A, Improvement 70-5, Storm Sewer 70-5, Street. 70-5, Sanitary Sewer 70-5 and Water Improvement 70-5, Water 75-16, Sidewalk 74-1 and Beam Avenue Improvement 71-15 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOTd, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Street Improvement, Street Improvement, Sanitary Sewer 6A, Improve- ment 70-5, Storm Sewer 70-5, Street 70-5, Sanitary Sewer 70-5 and Water Improvement 70-5; Water 75-16, Sidewalk 74-1 and Beam Avenue Improvement 71-15 against the hereto- fore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. m. Division No. 055347 - Resolution No. 80-1-24 WHEREAS, pursuant to Resolution 78-8-174 of the City Council of Maplewood, adopted August 22, 1978, the special assessments for the construction of Water Improvement 75-16 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 75-16 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. - 6 - 1/17 n. Division No. 055281 - Resolution No. 80-1-25 WHEREAS, pursuant to Resolution 60-9-95, 65-9-270 and 78-8-161 of the City Council of Maplewood, adopted September 1, 1960, September 9, 1965 and August 10, 1978, the special assessments for the construction of Sanitary Sewer Improvement 2, Water Improvement 4 and Trees 77-6 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer Improvement 2, Water Improvement 4, and Trees 77-6 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. o. Division No. 055221 - Resolution No. 80-1-26 WHEREAS, pursuant to Resolution 65-9-270, 67-9-208 and 78-8-161 of the City Council of Maplewood, adopted September 9, 1965, September 6, 1967 and August 10, 1978, the _ special assessments for the construction of Water Improvement 4, Water Improvement 6, Water 75-16 and Trees 77-6 were levied against the attached list of described proper- ties; said list made a part herein; and WHEREAS, .the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVEll BY THE CITY COUIQCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 4, Water Improvement 6, Water 75-16 and Trees 77-6 against the heretofore mentioned properties be correctly certified to the Auditor ' of Ramsey County in the amounts stated on the attached list; said list made a part herein. 8. Sale of Surplus Recording Equipment Authorized the sale of surplus recording equipment (3M Model 300) to University of Minnesota Police Department for $1,500.00 and that these unallocated funds be placed in account 101-121-4640, Capitol Outlay. 9. Annual State F.D. Conference, St. Cloud (Fire Marshal) Approved traveling and training application for the Fire Marshal to attend the Annual State Fire Department Conference at St. Cloud, Minnesota, June 19 through 21, 1980. 10. Donation - Paramedics (Seifert) Accepted the donation of $40.00 from Mrs. Catherine A. Seifert, 2145 English Street, to the paramedic program and a letter of appreciation be forwarded. G. AWARD OF BIDS None. - 7 - 1/17 H. UNFINISHED BUSINESS 1. Forest Street Improvements - Carsgrove's Meadows a. Manager Evans presented the staff report recommending no change in the developers requirements. b. No action taken. 2. 'Pay Rates: Temporary and Part-Time Employees - Non-Union a. Manager Evans presented the staff report, b. Councilman Nelson introduced the following resolution and moved its adoption: 80-1-27 WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part-time employees who do not work more than 14 hours per week and temporary employees who do not work in excess of 100 days in a calendar year are not covered by union wage rates. NOW, THEREFORE, BE IT RESOLVED, that the following pay rates are hereby established for temporary and part-time employees during 1980: Recreation worker $2.00 to $10.00 per hour Recreation official $2.90 to $15.00 per game Janitorial assistant $2.90 to $4.25 per hour Tree Inspector $2.90 to $5.40 per hour Administrative Assistant $2.90 to $7.00 per hour Secretary $2.90 to $6.73 per hour Accounting Clerk $2.90 to $6.73 per hour Clerk-Typist $2.90 to $5.61 per hour Election Judge $4.00 per hour Election Precinct Chairman $4.25 per hour Laborer $2.90 to $5.00 per hour Engineering aide $2.90 to $5.40 per hour BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilperson Juker. Ayes - all. c. Council requested a further report of the number of people paid in each category. 3. Payments to Members of Advisory Boards and Commissions a. Mayor Greavu moved to table this item to the February 7, 1980 meeting. Seconded by Councilman Nelson. Ayes - all. - 8 - 1/17 I. VISITOR PRESENTATIONS None, F. PUBLIC HEARINGS 1. Condor Storm Sewer - Improvement 78-18 - 7:30 P,M. a. Mayor Greavu convened the meeting for a public hearing regarding the con- struction of storm sewers and appurtenances in the following described area: That area generally lying South of Lower Afton Road between McKnight Road and Century Avenue and a line 1300 feet south of Mailand Road. The Clerk stated the notice of public hearing was found to be in order and noted the dates of public- ation. b. A representative of Short-Elliott and Henderson, Consultant Engineers, pre- sented the specifics of the improvement. c. Mr. Frank J. Walz, O'Connor and Hannon, attorney, spoke on behalf of Condor Corporation. d. Mr. Fred Haas, Marvin Anderson Construction, asked questions. e. Councilman Bastian moved to continue this public hearing for Condor Storm Sewer until February 21, 1980 at 7:30 P.M. Seconded by Councilperson Juker. Ayes - all. Mayor Greavu recessed the meeting at 8:32 P.M, to convene as the Maplewood Board of Adjustments and Appeals. Mayor Greavu reconvened the meeting at 8:54 P.M. 3. Code Amendment - Outlot Definition - 8:00 P, M. a. Mayor Greavu convened the meeting for a public hearing regarding an amend- ment to the Platting Code to revise the definition of "Outlot" as shown in Section 1002.010 of the City Code. The Clerk stated the public hearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved that the Planning Commission recommend approval of the definition of an "Outlot" as listed in the staff memo dated December 10, 1979. Commissioner Howard seconded. Ayes all." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. -9- 1/17; f. Mayor Greavu closed the public hearing. g. Councilman Bastian moved to table this matter until the first Council meeting in June, 1980 for further study. Seconded by Councilman Nelson. Ayes - all. h. Councilman Bastian moved to reconsider the previous motion. Seconded by Mayor Greavu.. Ayes - all. i. t~yor Greavu moved First Reading on an ordinance amending the Platting Code regarding the definition of "Outlots". Seconded by Councilman Nelson. Ayes - all. 4. Special Use Permit - First Federal Savings and Loan Association - 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of First Federal Savings and Loan Association, 1834 North St. Paul Road, for a Special Use Permit to change from one non-conforming use to another, due to the deficiency in the required number of parking stalls. The Clerk stated the public hearing notice was in order and noted the date of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommend- - ation: "Commissioner Pellish moved the Planning Commission recommend to the City Council ' approval of the special use permit to change from one non-conforming use to another based on the findings that: 1. The proposed use is of the same or of a more restrictive nature than the previous use; 2. There is no available space in which to expand the existing parking lot; 3. A savings and loan requires fewer parking spaces than other banking in- stitutions. Approval is condition on the following: If a parking problem developer, Council may require additional spaces or off- site parking. Commissioner Fischer seconded. Ayes all." d. Mr. Bob Cornel, President, First Federal Savings and Loan Association, spoke on behalf of the proposal. e. Mr. Bill Smith, Hillcrest Mid-America State Bank, spoke in opposition to the proposal. f. Mayor Greavu called for proponents and opponents. None were heard. - 10 - 1/17 g. Mayor Greavu closed the public hearing. h. Councilman Nelson introduced the following resolution and moved its adoption: 80- 1-28 WHEREAS, a petition was filed with the City of Maplewood as provided under Section 915.010 of the Municipal Code of the City of Maplewood, said petition having been signed by more than 50% of the owners of property within 200 feet of the property described as follows: Lot 1, Block 2, Meister's Highlands 1834 North St. Paul Road which has been proposed for Special Use Permit. WHEREAS, a public hearing was held on January 17, 1980 at 8:15 P.M. in the City Hall, notice thereof having been duly published in the official City news- paper, and notices of said hearing having been mailed to all property owners of record within 200 feet of the area proposed for Special Use permit; and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said petition be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit change from one non-conforming use to another, due to deficiency in the required number of parking stalls be granted, subject to all conditions contained in the Planning ' Commission recommendation. Seconded by Mayor Greavu. Ayes - all. 5. Liquor License - Maple Wheel Lounge - 8:30 P.M. a. Mayor Greavu convened the meeting fora public hearing regarding the request of James and Violet Bachel for an On Sale Intoxicating Liquor License at 2220 White Bear Avenue. The G1erk stated the public hearing notice was found to be in order and noted the date of publication. b. Manager Evans presented the staff report. c. Mr. James Bachel, the applicant, was in attendance at the meeting. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: - 11 - 1/17 80-1-29 NOTICE IS HEREBY GIVEN, that pursuant to action by the Council of the - City of Maplewood on January 17, 1980, an On Sale Intoxicating Liquor License was approved for James Gerald and Violet Lucille Bachel, dba Map 1e Wheel Lounge (Contronio, Inc.), 2220 White Bear Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilman Nelson. Ayes - all. H. iNFINISHED BUSINESS (continued) 4. Proposed Alarm Ordinance a. Manager Evans presented the staff report. b. Councilman Nelson moved First Reading of an Ordinance regulating the use of automatic alarms to summon Public Safety responses. Seconded by Councilperson Juker. Ayes - Councilperson Juker, Councilmen Bastian and Nelson. Nays - Mayor Greavu. Motion carried. 5. Tax Increment - Maple Knolls Development a. Manager Evans presented the staff report. b. Mr. Mike McKenna, Realty Development Services, Inc., spoke on behalf of the proposal. c, Mayor Greavu moved to deny the request of Granite City Construction Company for tax increment financing for their.Pdaple Knolls Development. Seconded by Councilman Bastian. Ayes - all. J. NEW BUSINESS 1. Southlawn - Radatz Feasibility Study a. Manager Evans presented the staff report and recommended adoption of resolut- ions accepting the feasibility report and calling for a public hearing and of finding the project has no impact on the Comprehensive Plan. b. Mayor Greavu introduced the following resolution and moved its adoption: 80-1- 30 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Southlawn- Radatz Avenue, Maplewood Project 79-15, by construction of water mains, sani- tary sewers, streets with concrete curbs and gutters and appurtenances; and - 12 - 1/17 WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOll, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Southlawn-Radatz Avenue, Maplewood Project 79-15, by con- struction of water mains, sanitary sewers, storm sewers, streets with con- crete curbs and gutters and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an es- timated total cost of the improvement of $591,300.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday the 28th day of February, 1980, at 7:45 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NO^t ICE OF HEARING OF PUBLIC IMPROVEMENT TO WHOM IT MAY CONCERN: WHEREAS, the City Council of the City 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 City Council will hold a public hearing on said improvement at the following time and place within the said City: Date and Time: February 28, 1980 at 7:45 P.M. Location: Council Chambers of the City Hall, 1380 Frost Avenue The general nature of the improvement is the construction of water main, sanitary sewer, storm sewer, streets with concrete curbs and gutters and appurtenances in the following described area: the general area bounded by Beam Avenue on the north, White Bear Avenue on the east, Kohlman Avenue (extended) on the south, and a line 2300 feet west of White Bear Avenue. The total estimated cost of said improvement is $591,300.00. 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. - 13 - 1/17 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; 17th day of January, 1980. BY ORDER OF THE CITY COUIQCIL /s/ Lucille E. Aurelius City Clerk City of Maplewood, Minnesota Seconded by Councilman Nelson. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: 80-1-31 WHEREAS, the proposed public improvement of the Southlawn-Radatz Avenue area, Maplewood Project 79-15, by construction of storm sewer, water main, sanitary sewer, streets with concrete curb and gutter and necessary appurten- ances does not have any impact on the City Comprehensive Master Plan; NOW, THEREFORE, BE IT RESOLVED, that under the provisions of M.S. Section 462.356, the City Council hereby waives the review of aforementioned project by the City Planning Commission. Seconded by Councilman Nelson. Ayes - all. 2. Beam Avenue, West of T.H. 61 - Improvement 78-24 a. Manager Evans presented the staff report recommending that the City not proceed with any improvement at this time. b. Mr. Lynn Firestone, representing the petitioners on Beam Avenue, spoke on behalf of the improvement. c. Mayor Greavu introduced the following resolution and moved its adoption: 80-1-32 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Beam Avenue, west of T.H. 61 (Maplewood Project 78-24) by construction of water mains, storm sewers, sanitary sewers, service connections, street construction, curbs and gutters, and necessary appurtenances; and WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described: - 14 - 1/17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Beam Avenue, west of T.H. 61 (Maplewood Project 78-24) by construction of water mains, storm sewers, sanitary sewers, ser- vice connections, street construction, curbs and gutters, and necessary appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an es- timated total cost of the improvement of $2,456,800. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday, the 28th day of February, 1980, at 8:00 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING OF PUBLIC IMPROVEMENT TO WHOM IT MAY CONCERN: WHEREAS, the City Council of the City 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 City Council will hold a public hearing on said improvement at the following time and place within the said City: Date and Time: February 28, 1980 at 8:00 P.M. Location: .Council Chambers of the City Hall, 1380 Frost Avenue The general nature of the improvement is the construction of water mains, storm sewers, sanitary sewers, service connections, street construction, curbs and gutters, and necessary appurtenances in the following described area: area bounded by County Road D on the north; Hazelwood Street on the east; a line approximately 300 feet south of Beam Avenue (extended) on the south; and the Maplewood westerly boundary between County Road D and Beam Avenue on the west (extended). The total estimated cost of said improvement is $2,456,800. 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 improvement should be present at this hearing. - 15 - 1/17 This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 17th day of January, 1980. BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk City of Maplewood, Minnesota Seconded by Councilperson Juker. Ayes - all. 3. Special Exception - 2648 E. Fifth Avenue - Zabel a. Manager Evans presented the staff report with the following recommendation: Approval of the requested Special Exception is granted for a period of one year. Thereafter, the permit shall be subject to renewal every five years. Approval is found to be consistent with: 1. The intent of the City Code for R-1 residential neighborhoods; 2. Past actions of the City. Permit approval is contingent upon: 1. The applicant shall provide off-street parking spaces as follows: 2 for the single family dwelling, 1 for each shop chair in use and 1 for an outside employee (if applicable). This condition shall be met prior to the permit becoming effective; 2. The permit shall become effective only after the City certifies compli- ance with all Code requirement; 3. Not more than one person, other than members of the family residing on the premises, shall be employed; 4. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupat- ion other than one sign, not exceeding two square feet in area, non- illuminated, and mounted flat against the wall of the principal building; 5. Operation to be limited to two chairs; 6. No expansion shall occur without approval of the City Council; 7. The permit is subject to revocation by the City Council upon violation of the above conditions. b. Chairman Les Axdahl presented the following Planning Commission recommend- ations: "Commissioner Fischer moved, that the Planning Commission recommend to the City Council approval of the requested special exception for a period of one year. Thereafter, the permit shall be subject to renewal every five years. Approval is found to be consistent with: L The intent of the City Code for R-1 residential neighborhoods; 2. Past actions of the City. - 16 - 1/17 Permit approval is contingent upon: 1. The applicant shall provide off-street parking spaces as follows: 2 for the single family dwelling, 1 for each shop chair in use and 1 for an outside employee (if applicable). This condition shall be met prior to the permit becoming effective; 2. The permit shall become effective only after the City certifies compli- ance with all Code requirements; 3. Not more than one person, other than members of the family residing on the premises, shall be employed; 4. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupat- ion other than one sign, not exceeding two square feet in area, non- illuminated, and mounted flat against the wall of the principal build- ing; 5. Operation to be limited to two chairs; 6. No expansion shall occur without approval of the City Council; 7. The permit is subject to revocation by the City Council upon violation of the above conditions. Commissioner Kishel seconded. Ayes all." c. Councilperson Juker moved to approve the special exception use as requested by Marjorie L. Zabel 2648 E. Fifth Avenue, to operate a home beauty shop s_u_b- ject to the following conditions: 1. The applicant shall provide off street parking spaces as follows: 2 for the single family dwelling, 1 for each shop chair in use and l for an outside employee (if applicable). This condition shall be met prior to the permit becoming effective; 2. The permit shall become effective only after the City certifies compli- ance with all Code requirements; 3. Not more than one person, other than members of the family residing on the premises, shall be employed; 4. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupat- ion other than one sign, not exceeding two square feet in area,:.:.npn- illuminated, and mounted flat against the wall of the principal build- ing; 5. Operation to be limited to one chair; 6. No expansion shall occur without approval of the City Council; 7. The permit is subject to revocation by the Lity Council upon violation of the above conditions. Seconded by Councilman Nelson. Ayes - all. 4. Plan Amendment - Maryland Avenue and Sterling Street - Arlington Properties a. Manager Evans presented the staff report with the recommendation to approve the Plan Amendment from RL, Residential Lower Density to Rm, Residential Medium Density, based on the following findings: 1. The area planned for RL development east of Sterling Street was approved by the Council for four-plex development (Maple Greens 3rd Addition); - 17 - 1/17 2. The increase in density would be more than compensated for by the re- duced density in the Maple Greens development; 3. The variety of housing types in the area would be increased; 4. The increase in traffic would not be routed through less dense neigh- . borhoods and could be handled on the proposed roads. Approval is with the understanding that a subsequent plat or site plan will preserve the existing stand of evergreens. b. Chairman Les Axdahl presented the following Planning Commission recommendat- ions: "Commissioner Kishal moved the Planning Commission recommend to the City Council approval of the Plan amendment from RL, Residential Lower Density to Rm, Resident- ial Medium Density, based on the following findings: 1. The area planned for RL development east of Sterling Street was approved by the Council for four-plex development (Maple Greens 3rd Addition); 2. The increase in density would be more than compensated for by the reduced density in the Maple Greens development; 3. The variety of housing types in the area would be increased; 4. .The increase in traffic would not be routed through less dense neighbor- hoods and could be handled on the proposed roads; 5. This approval is made with the understanding that a subsequent plat or site plan will be provided to show how the existing stand of evergreens may be maintained. Commissioner Barrett seconded. Ayes 5 Abstained 1 (Commissioner Prew)." c. Mro Dick Sagstetter, 1003 VanBuren Street, the applicant, spoke on behalf of the proposal. d. Mayor Greavu introduced the following resolution and moved its adoption: 80-1-33 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 January 7, 1980 and has adopted said amendment and forwarded said amendment to the City Council for certification; and WHEREAS, the Maplewood City Council has reviewed said amendment; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby adopts and amends the Comprehensive Plan for Maplewood. Seconded by Councilman Bastian. Ayes - all. - 18 - 1/17 5. Time Extension - Temporary Mobile Home - ArMon a. Manager Evans presented the staff report recommending approval of the time extension of the temporary special use permit with the condition that a signed developer's agreement must be submitted to the Director of Public Works by April 3, 1980 or the trailer must be removed. b. Mayor Greavu moved to approve the time extension for the temporary special use permit for Ar-Mon subject to the condition that a signed developer's agree- ment must be submitted to the Director of Public Works by April 3, 1980 or the trailer must be removed. Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilperson Juker and Councilman Nelson. Nays - Councilman Bastian. Motion carried. 6. George Ostrand - Lawsuits a. Manager Evans read an opinion from City Attorney Don Lais indicating that Council should grant the Special Use Permit for which Mr. Ostrand had petitioned fromthe Council. b. Mayor Greavu moved to place the item on the next agenda (February 7, 1980). Seconded by Councilman Nelson. Ayes - all. 7. Emergency Radio Dispatching - North St. Paul a. Planager Evans presented a copy of the agreement proposed by the City of North St. Paul for Maplewood's Public Safety Communications Center to furnish emergency radio dispatching .nights and weekends. This is essentially the same contract that we have had in the past except the fee is proposed to be increased from $8,600 per year to $10,000 per year. It is recommended that the City Council authorize this agreement. b. Mayor Greavu introduced the following resolution and moved its adoption: 80-1-34 WHEREAS, the City of tdorth St. Paul is desirous of having someone receive and dispatch certain of its emergency calls during certain hours; and WHEREAS, the City of Maplewood is desirous of handling this dispatching; NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the City of Maplewood by utilizing its present personnel and facil- ities will handle the receiving and dispatching of all calls for police, ambu- lance service, fire service and emergency utility calls for the City of North St. Paul. - 19 - 1/17 2. That the City of Maplewood will be responsible for said dispatching during the hours of 4:30 o'clock P,M. to 8:00 o'clock A. M., Monday through Friday and during the hours of 4:30 o'clock P.M. on Friday to 8:00 o'clock A. M, on Monday each week, and in addition from 4:30 o'clock P.M, on the day preceding all legal holidays, according to Minnesota law, to the hour of 8:00 o,'.clock A.M, on the day after each of said holidays. 3. That the City of Maplewood will not be liable in any way to the City of North St. Paul, nor to any inhabitant or property owner thereof, for claims arising out of this dispatching service. That the City of North St. Paul agrees to indemnify and hold forever harm- less the City of Maplewood from any and all claims, demands and actions in law that may hereafter arise on account of this dispatching agreement and the services to be rendered thereunder. 4. That the City of North St. Paul agrees to pay the City of Maplewood as compensation for this dispatching service the sum of Ten Thousand and no/100 Dollars ($10,000.00) per year commencing on the 1st day of January, 1980. 5. That the City of Maplewood will begin to provide this dispatching ser- vice on the last day of January, 1980, at 00:01 o'clock A.M. 6. That all costs incurred to install and maintain whatever additional facilities are necessary so that the City of Maplewood can handle this dis- patching will be paid by the City of North St. Paul 7. This contract shall remain in force and effect until terminated by thirty (30) days written notice by either party. Seconded by Councilman Nelson. Ayes - all. 8. Industrial Revenue Notes - Cope Avenue Office Building - Norstrand. & Associates a. Manager Bvans stated Burt Norstrand- and Associates are requesting a hearing date for Commercial Revenue Note financing to construct an office building on south side of Cope Avenue, west of White Bear Avenue (Lot 3, Block 1, Johnson's Office Park). A suggested date for hearing is February 7, 1980. This proposal will be heard before the Planning. Commission on January 21, 1980. b. Mayor Greavu introduced the following resolution and moved its adoption: 80-1- 35 WHliREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Indust- rial Development Act (the "Act") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; - 20 - 1/17 (b) The City Council of the City of Maplewood (the "City") has received from Burt Norstrand & Associates, a sole proprietorship formed under the laws of the State of Minnesota (the "Company") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds") pursuant to the Act; (c) Before proceeding with consideration of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A Public Hearing on said proposal of the sole proprietorship will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Securit- ies, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Glerk. 5. The City Clerk is hereby authorized and directed to cause said hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by .the City Council of the City of Maplewood, Minnesota, this 17th day of January, 1980. Seconded by Councilman Nelson. Ayes - a11. K. COUNCIL PRESENTATIONS 1. Monday Night Meetings a. Councilman Nelson encouraged Mayor Greavu to attend the Monday Night Work- shop Sessions. 2. Meeting January 8, 1980 with Metro Council a. Councilman Bastian questioned what had happened at the meeting of January 8, 1980. b. Mayor Greavu stated nothing had been resolved and another meeting was scheduled for January 28, 1980. - 21 - 1/17 _ 3. Explanation - AFSCME Contract Offer a, Mayor Greavu explained why he had made the wage offer that he had at a previous meeting. L. COUNCIL PRESENTATIONS 1. Joint Meeting - Planning Commission and Council a. Mayor Greavu moved to hold a joint meeting with the Council and Planning Commission on Monday, January 28, 1980, at 7:30 P.M, in the Council Chambers. Seconded by Councilman Nelson. Ayes - all. M. ADJOURNMENT 11:37 P.M. City Clerk - 22 - 1/17