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HomeMy WebLinkAbout04.03.80 MINUTES OF THE MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, April 3, 1980 Council Chambers, Municipal Building Meeting No. 80-9 A. CALL TO ORDER A regular meeting of the City Council of the City of Mapleoaood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:34 P.M, by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L, Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 80-7 (March 13, 1980) Councilman Anderson moved to approve the Minutes of Meeting No. 80-7 (March 13, 1980) as submitted. Seconded by Councilman Bastian. Ayes - all. D. APPROVAL OF AGENDA Councilperson Juker moved to place Items Ii 4 and 5 before Item E - Consent Agenda. Seconded by Councilman Nelson. Ayes - all, Mayor Greavu moved to approve the agenda as amended: 1. Rates 2. Appointments 3. Road Conditions 4. Ditch No. 17 5. Labor Contracts 6. Motor Vehicle 7. Response to Manager's Memo 8. City Garage 9. Moratorium on Hiring 10. Tours with Staff 11. Health Officer - Monthly Report Seconded by Councilman Nelson. Ayes - all. -1- 4/3 H. UNFINISHED BUSINESS 4. Planning Commission Appointment a. Director of Community Development Olson stated Mr. Hernandez does not wish to be considered. b. Councilperson Juker moved to appoint I4r. Ralph Sletten to the Planning Commission to a three year term effective January 1, 1980. Seconded by Councilman Anderson. Ayes - all. 5. Community Design Review Board Appointment a. The applicants, Ms. Peg Schwietzer and Ms. Cheryl Penning presented their reasons for wishing to serve on the Community Design Review Board. b. Councilman Nelson moved to appoint Cheryl Penning and Peg Schwietzer to the Community Design Review Board for a two year term each effective January 1, 1980. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson Juker, Councilmen Anderson and Nelson. Councilman Bastian abstained. E. CONSENT AGENDA Council removed Items 1, 2, 3, 4 and 8 from the Consent Agenda to become J- 9, 10, 11, 12 and 13. Councilman Anderson moved, seconded by Councilman Nelson, Ayes - all to approve Items 5, 6 and 7 of the Consent Agenda as recommended. 5. Disposal of Old Financial Records Resolution Ido. 80-4-80 WHEREAS, M.S.A. 138.17 governs the destruction of City records; and _ WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. 6. Easements for Project 75-6 Approved the following acquisition of easements for Larpenteur Howard Improvement 75-6: -2- 4/3 Parcel 3 $ 2,950.00 Parcel 2 1,450.00 Parcel 5 1,800.00 7. Ordinance to Change Fire Protection Charges to Hydrant Charge (Second Reading) ORDINANCE N0. 485 AN ORDINANCE AMENDING CHAPTER 1506 OF THE MUNICIPAL CODE RELATING TO FIRE PROTECTION CHARGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOll AS FOLLOWS: Section 1. That all references to the term fire protection charge in Chapter 1506 of the Municipal Code shall be deleted and replaced by the term hydrant charge. Section 2. This ordinance shall take effect and be in force beginning May 1, 1980. F. PUBLIC HEARINGS 1. Rezoning: McKnight Road - Council - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposed zone change from R-3 to R-1 of a parcel of land located east of McKnight Road and north of the Chicago-S t. Paul-Minneapolis and Omaha Railway lines. The Clerk noted the dates of publication of the hearing notice and stated such notice was in order. b. Manager Evans presented the staff report recommending tabling of the Zone Change until Council has adopted the Land Use Plan Update. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission table the zone change based on staff analysis until Council has adopted a Land Use Plan update. Commissioner Fischer seconded. Ayes all." d. Mr. Bruce Odlaug, 332 Hamm Building, opposes the rezoning. e. .Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Nelson moved to deny the proposal for a zone change frora R-3 to R-1 the property as stated in the legal notice. Seconded by Councilman Bastian. Ayes - all. - 3 - 4/3 2. Preliminary Plat: Valleyview Estates - 7:45 P,M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Idew Life Land Development Company, Inc. for approval of the Valleyview Estates Preliminary Plat located north of Highwood Avenue and approximately 960 feet east of McKnight Road. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report subject to the following recommend- ation: Approval of the preliminary plat, with the following conditions: 1. A signed developer's agreement shall be submitted to the City Engineer before final plat approval. Such agreement shall include construction of a five foot wide asphalt or concrete trail on the Highwood Avenue right of way, from the east line of lot 4 to the west line of lot 1. 2. A final grading and drainage plan shall be submitted to the City Engineer for approval before final plat approval. d. Chairman Les Axdahl presented the Planning Commission recommendation: "Commissioner Pellish moved that the Planning Commission recommend to the Council approval of the preliminary plat, subject to the following conditions: 1. A signed developer's agreement shall be submitted to the City Engineer before final plat approval.. Such agreement shall include construction of a five foot wide asphalt or concrete trail on the Highwood Avenue right of way, from the last line of lot 4 to the west line of lot 1. 2. A final grading and drainage plan shall be submitted to the City Engineer for approval before final plat approval. Commissioner Kishal seconded. Commissioner Sherburne moved an amendment to the motion to remove from condition Ikl such agreement to include construction of a five foot wide asphalt or concrete trail on Highwood Avenue right of way from the east line of lot 4 to the west line of lot 1. Commissioner Prew seconded. Voting on Amendment: Ayes 2 Nays 7 Arendment fails. Voting on the motion: Ayes all." - 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. -4- 4/3 g. Comicilman Anderson moved tiiat the Valleyview Estates preliminary~lat (consisting of 5 dwelling-lots and one outlot) be approved suUject to the following conditions: 1. A signed developer's agreement shall be submitted to the City Engineer before final plat approval. Such agreement shall in- clude a letter of credit for the future construction of a five foot wide asphalt or concrete trail on the Highwood Avenue right of way, from the east line of lot 4 to the west line of lot 1. 2. A final grading and drainage plan shall Ue submitted to the City Engineer for approval before final plat approval. Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen _ Anderson, Bastian and Nelson. Nays - Mayor Greavu. 3. Used Car Lot License - Arcade Street and East Larpenteur Avenue 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Donald E. Gaetke, for a Used Car Lot License at 1685 Arcade Street. The Clerk stated the public hearing notice was in order and also stated tiie dates of publication. b. Manager Evans presented the staff report including the following recommend- ation: 1. A total display of a maximum of 24 used cars for sale at any time be specified on a paved surface. 2. An area for parking of three employee's vehicles and three customer's vehicles Ue designated and maintained on a paved ,surf ace. 3. The driveway access be limited by curbing or concrete car stops to two 24-foot driveways for a total of 48 feet of driveway access. 4. All paving added should provide for adequate drainage to the public streets acceptable to the Director of Public Works. 5. Night nLinimal security lighting to prevent vandalism and thefts from vehicles should be provided. 6. A valid State Used Car Permit in the name of the licensee should be required for the City of Maplewood license to be valid. c. Pir. Don Gaetke, 7090 Silver Lake Road, Moundsview, Minnesota, the applicant, spoke on behalf of his proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Randy Bacchus, Bacchus Construction Co., 1701 Arcade, stated his concerns. - 5 - 4/3 f. Mayor Greavu closed the public hearing, g. Mayor Greavu moved to approve thA Used Car Lot License requested by Mr. Don Gaetke to be located at 7685 Arcade Street subject to the following conditions: 1. A total display of a maximum of 24 used cars for sale at any time be specified on a paved surface. 2. An area for parking of three employee's vehicles and three customer's vehicles be designated and maintained on a paved surface. 3. The driveway access be limited by curbing or concrete car stops to two 24-foot driveways for a total of 48 feet of driveway access. 4. All paving added should provide for adequate drainage to the public streets acceptable to the Director of Public Works. 5. Night minimal security lighting to prevent vandalism and thefts from vehicles should be provided. 6. A valid State Used Car Permit in the name of the licensee should be required for the City of Maplewood license to be valid. 7. In the future, if needed, a condition regarding screening and lighting will be imposed. Seconded by Councilman IQelson. Ayes - all. 4. Preliminary PUD Revision - Mapleknoll - Radatz Avenue 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Realty Management Services, Inc, for an amendment to a Special Use Permit for a preliminary Planned Unit Development located on a parcel of land south of Radatz Avenue and west of White Bear Avenue. The Clerk stated the public hearing notice was in order and also stated the dates of publication. b. Manager Evans presented the staff report with the following recommendation: Staff still feels that the project as previously proposed is the best alternative. Since Council denied this project, conditions la through lb could be modified to allow for alternative plans, while still meeting minimum City standards: No building permits shall be issued, unless Council orders the following public improvement projects: a. An adequate sized and designed water main to serve the project, as determined by the Director of Public Works. b. Upgrading of Radatz Avenue from White Bear Avenue to proposed Southlawn Drive, if Radatz Avenue is used as an access. c. Construction of Southlawn Drive from Radatz Avenue to Beam Avenue. - 6 - 4/3 d. Construction of the storm water project shown in the Maplewood Drainage Plan for Radatz Avenue. All necessary easements shall also be dedicated to the City. This project includes piping, ponding, and control devices. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend to the City council denial of the applicants request to eliminate conditions la through ld. Commissioner Pellish seconded. Ayes 6 Nays 1 (commissioner Fischer) Commissioner Kishel moved the Planning Commission recommend to the City Council the following modifications to the previously approved preliminary planned unit development: , 1. No building permits shall be issued, unless Council orders the following public improvement projects: a. An adequate sized and designed water main to serve the project, as determined by the Director of Public Works. b. Upgrading of Radatz Avenue from White Bear Avenue to proposed Southlawn Drive, if Radatz Avenue is used as an access. c. Construction of Southlawn Drive from Radatz Avenue to Beam Avenue if it is deemed necessary. d. Construction of the storm water project shown in the Maplewood Drainage Plan for Radatz Avenue. All necessary easements shall also be dedicated to the City. This project includes piping, ponding, and control devices. ' Conmmissioner Barrett seconded. Ayes all." d. Mr. Y4ike McKenna, Realty Management Services, Inc., spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr". Wayne Fox, 1893 Kohlman 1•lr. Eugene White, 1850 Radatz Mr. H. Hassinger, 2752 Gem Street. g. Mayor Greavu closed the public hearing, h. Councilman Anderson moved to table this item until the meeting of April 17 1980 to allow developer to negotiate with the property owner to the west for possible easements and to allow staff to investigate what the impact will be regarding the ponding and drainage. Seconded by Councilman Nelson. Ayes - all. G. .:AWARD OF BIDS 1. Removal of Cope Avenue House - 7 - 4/3 a. Manager Evans stated the City did not receive any bids on the removal of the house at the northwest corner of Cope Avenue and English Street. The specifi- cations for the project involved have been rewritten to include the removal of the house as part of the contract. H. UNFINISHED BUSINESS 1. Mal Practice Insurance - Fire Services a. Manager Evans stated the City's Fire Departments have requested their fire personnel who augment the paramedic services be provided with mal practice in- surance through tiie City's insurance program. b. Mayor Greavu moved that the fire services personnel who augment the paramedic ambulance services be included in the City's mal practice insurance coverage at an approximate cost of $1,900.00. Seconded by Councilman Anderson. Ayes - all. 2. Frank McGinley - Audit a. Mr. Frank McGinley stated he has not received the information he requested from the City and he is not prepared tonight. b. Item tabled to April 17, 1980. 3. Cable T.V. a. Manager Evans presented a copy of a letter from White Bear Lake concerning a joint powers agreement and establishing a Cable Television Service Territory. b. Councilman Bastian moved to express Maplewood's intent to be considered for inclusion in the appropriate Cable TV territory (preferably the municipalities that have school districts in Maplewood). Seconded by Councilman Anderson. Ayes - all. c. Ms. Joan Goodge, Minnesota Cable Systems, answered questions regarding Cable TV territories. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Renewal of Home Occupation Permit - 2620 Yeller Parkway a. Manager Evans presented the staff report with the recommendation to renew the applicant's Special Exception permit for a five year period, subject to the following: 1. The City Council may review the use for possible nuisance conditions during the renewal period. If, at the end of the renewal period, no nuisance con- ditions exist, the permit may be renewed. 2. The applicant shall continue to provide off street parking for customers. -8- 4/3 3. All hair cutting related activities are to be confined to the approved shop area. (Staff received a complaint in May, 1979, that the applicant was cut- e ting hair outside in view of the neighbors). 4. A Model 2A20BC fire extinguisher is to be installed in a readily accessible location. b. Councilman Nelson moved renewal of the special exception permit for llaniel Spadino 2620 Keller Parkway, to operate a home barber shop for a five year period subiect to the following conditions: 1. The City Council may review the use for possible nuisance conditions during the renewal period. If, at the end of the renewal period, no nuisance conditions exist, the permit may be renewed. 2. The applicant shall continue to provide off street parking for customers. 3. All hair cutting related activities are to be confined to the approved shop area. 4. A Model 2A20BC fire extinguisher is to be installed in a readily access- ible location. Seconded by Councilperson Juker. Ayes - all. 2. Rezoning Initiation: White Bear Avenue - Johnson a. Manager Evans stated staff had received a request to rezone a 4.6 acre parcel of land on the east of White Bear Avenue south of P.adatz Avenue from Farm Resi- den~e to R-3 Aiultiple and R-2 Double Dwelling. If Council decides to initiate this rezoning, I would recommend that the developer be required to furnish the normally required abstractor's list and $100.00 application fee. b. Councilman Anderson moved to initiate the rezoning hearing as requested in the staff report and approved staff's recommendation that the developer furnish the required abstractor's .list and the $100.00 application fee. Seconded by Mayor Greavu. Ayes - all. 3. Housing Code a. Manager Evans presented the staff report. b. Mr. Dave Reynolds, 315 E. Larpenteur Avenue, spoke in favor of a housing code. c. Mayor Greavu moved to table this item until after the shirt sleeve session with the HRA on April 24, 1980. Seconded by Councilman Anderson. Ayes - all. 4. Final Plans and Specifications: Gervais Avenue Highway 61 to English Street - Project 78-1 a. Manager Evans presented the staff report. b. Councilman Anderson introduced the following resolution and moved its adoption: - 9 - 4/3 80-4- 81 WHEREAS, pursuant to resolution passed by the City Council on September 6, 1979, plans and specifications for Gervais Avenue - East of Highway 61, Maplewood Project No. 7II-1, have been prepared by or under the direction of the City Engineer, and he has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PIAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published three times, with the first publication at least three weeks before date set for bid opening and shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. 4. The .advertisement for bids shall be in substantially the following form: ADVERTISEMENT FOR BIDS The City Council of Maplewood, Minnesota, will receive sealed bids for the construction of the following approximate quantities: 2,000 feet of bituminous street with concrete curb and gutter, and 13000 feet of 12" to 36" storm sewer within the City limits on the basis of cash payment for the work. Bids will be received until 2 o'clock P.M., on the 6th day of May, 1980, at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place all bids will be publicly opened, read aloud and considered. Proposals must be placed in a sealed envelope with the statement thereon in- dicating proposal for bid contained within and addressed to the City of Maplewood, Minnesota. Proposals shall be submitted to the City Clerk on or before .the above stated time. Proposal is for the furnishing of all labor, equipment and materials and performing all work in connection with the above stated construction. Proposal forms, including specifications, are on file in the office of Schnell and Madson, Inc., located at 50 Ninth Avenue South, Hopkins, Pinnesota, 55343. Copies of the documents may be obtained by depositing $50.00 with the Engineer. The amount of deposit for one set of documents will be refunded to each actual bidder who returns the plans and documents in good condition within ten days after the opening of bids. - 10 - 4/3 All bids must be accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, in an amount equal to five per cent (5%) of the total bid, conditioned that if the bidder is the successful bidder he will enter into a contract in accordance with said bid and will furnish such performance bonds as are specified. No bidder may withdraw his bid for at least thirty (30) days after the scheduled closing time for the receipt of bids, without the consent of the owner. The City Council reserves the right to reject any and all bids and to waive irregularities and informalities therein and further reserves the right to award the contract in the best interest of the City. /s/ Lucille E. Aurelius City Clerk, City of Maplewood, Minnesota Seconded by Councilman Nelson. Ayes - all. 5. Feasibility Study: Gall Avenue and Lakewood Drive - Project 79-10 - 79-11 a. Manager Evans presented a feasibility study addressing both projects: 79-10 and 79-11. It is recommended that a public hearing be scheduled for May 8, 1980. b. Tlayor Greavu introduced the following resolution and moved its adoption: 80-4-82 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Lakewood Drive by construction of streets, sanitary sewer, storm sewer, watermains, and all nec- essary appurtenances (Public Improvement Project 79-11); and 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 MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed _ improvement on Lakewood Drive by construction of streets, sanitary sewer, storm sewer, watermains, and all 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 estimated total cost of the improvement of $346,933. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday, the first.. day of May, 1980, at 7:30 P.Pi. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING OF PUBLIC IMPROVEP~:NT TO WHOM IT PIAY CONCERN: WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, - 11 - 4/3 deems it necessary and expedient that the improvement hereinafter described, be made; IQOW, 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: May 1,1980 at 7:30 P.M. Location: Council Chambers of the City 1Ia11, 1380 Frost Avenue The general nature of the improvement is the construction of streets, sanitary sewer, storm sewer, watermains, and all necessary appurtenances (Public Improvement Project 79-11) in the following described area: That area lying generally east of a line 400 feet east of McKnight Road; west of a line 1700 feet from McKnight Road; south of County Road "D"; and north of a line 800 feet from County Road "D". The total estimated cost of said improvement is $346,933. 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. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 3rd day of April, 1980. BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk, City of Maplewood, Mn. Seconded by Councilman Bastian. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: 80-4-83 WHEREAS, the proposed public improvement of the area lying generally east of a line 400 feet east of McKnight Road; west of a line 1700 feet from McKnight Road; south of County Road "D"; and north of a line 800 feet from County Road "D", Maplewood Project 79-11, by construction of streets, sanitary sewer, storm sewer, watermains, and all necessary appurtenances 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, City Council hereby waives the review of aforementioned project by the City Planning Commission. Seconded by Councilman Bastian. Ayes - all. - 12 - 4/3 d. Mayor Greavu introduced the following resolution and moved its adoption: 80-4-84 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Ga11 Avenue by con- struction of streets, sanitary sewer, storm sewer, watermains, and all necessary appurtenances (Public Improvement Project 79-10); and 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 PIAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Gall Avenue by construction of streets, sanitary sewer, storm sewer, watermains and all necessary appurtenances (Public Improvement Pro- ject 79-10) 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 estimated total cost of the improvement of $64,775. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday, the first day of May, 1980, 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 PUBLIC IMPROVEMENT TO WHOM IT P7AY 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: May 1, 1980 at 7:30 P.M. Location: Council Chambers of the City Hall, 1380 Frost Avenue The general nature of the improvement is the construction of streets, sanitary sewer, storm sewer, watermains and all necessary appurtenances Public Improve- ment Project 79-10 in the following described area: That general area bounded by McKnight Road on the west; by a line 400 feet east of McKnight Road on the east; by County Road "ll" on the north, and by a line 500 feet south of County Road "ll" on the south. - 13 - 4/3 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. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 3rd day of April, 1980. BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerlt, City of Maplewood, 4tn. Seconded by Councilman Bastian. Ayes - all. e, I4ayor Greavu introduced the following resolution and moved its adoption: 80-4-85 WHEREAS, the proposed public improvement of the area bounded by McKnight Road on the west; by a line 400 feet east of McKnight Road on the east; by County Road "D" on the north; and by a line 500 feet south of County Road "D" on the south, Maplewood Project 79-10, by construction of streets, sanitary sewer, storm sewer, watermains and all necessary appurtenances 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, City Council hereby waives the review of aforementioned project by the City Planning Commission. Seconded by Councilman Bastian. Ayes - all. 6. Feasibility Study: Adele, Fenton and Walter Streets - Project 79-7 a. Manager Evans presented the feasibility study for Project 79-7. It is recommended that the City Council accept the report and schedule a public hearing for May 8, 1980. b. Councilman Nelson introduced the following resolution and moved its adoption: 80-4-36 lifIEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of the area from Adele Street to 500 feet west between East Shore Drive and Frost Avenue and the area from Adele Street to Phalen Place between Frost Avenue and Fenton Avenue (Public Improvement 79-7) by construction of streets, storm sewers, sanitary sewers, watermain and necessary appurtenances;... WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement Herein described: - 14 - 4/3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUtdCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report bf the City Engineer advising this Council that the proposed improvement of the area from Adele Street to 500 feet west between East Shore Drive and Frost Avenue and the area from Adele Street to Phalen Place between Frost Avenue and Fenton Avenue (Public Improvement 79-7) by construct- ion of streets, storm sewers, sanitary sewers, watermain and necessary appur- tenances 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 estimated total cost of the improvement of $241,140. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday the first day of May, 1930, at 7:45 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARIIQG 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: llate and Time: May 1, 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 streets, storm sewers, sanitary sewers, watermain and necessary appurtenances in the follow- ing described area: The area from Adele Street to 500 feet west between East Shore Drive and Frost Avenue and the area from Adele Street to Phalen Place between Frost Avenue and Fenton Avenue (Public Improvement 79-7) The total estimated cost of said improvement is $241,140. 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. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 3rd day of April, 1980. - 15 - 4/3 BY ORDER OF THE CITY COU1dCIL /s/ Lucille E, Aurelius City Clerk City of Paplewood, Minnesota Seconded by Councilman Anderson. Ayes - all. c. Councilman iQelson introduced the following resolution and moved its adoption: 80-4-87 WHEREAS, the proposed public improvement of the area from Adele Street to 500 feet west between East Shore Drive and Frost Avenue and the area from Adele Street to Phalen Place between Frost Avenue and Fenton Avenue, Maplewood Project 79-7, by construction of streets, storm sewers, sanitary sewers, watermain and necessary appurtenances 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, City Council hereby waives the review of aforementioned project by the City Planning Commission. Seconded by Councilman Anderson. Ayes - all. 7. Hillcrest Development: Developer's Agreement a. Manager Evans stated Mr. Ernest Christianson, Hillcrest Development, had requested to be heard by Council concerning his .disagreement with a portion of the developer`s agreement for the Hillcrest Improvements. b. Mr. Christianson spoke concerning the disagreement regarding the developer's share of the cost for the improvement. Councilperson Julcer moved to extend the meeting past the 11:30 P.M. deadline. Seconded by Councilman Anderson. Ayes - Mayor Greavu; Councilperson Juker, Councilman Anderson and Nelson. Nays - Councilman Bastian. c. Following lengthy discussion, Councilman Bastian moved to refer the matter to staff to report back by May 15, 1980 and that the Priory be notified regarding service and improvements to their property. Seconded by Councilman Anderson. Ayes - all. 8. Assessment: Valley Branch Watershed a. Manager Evans presented the staff report. b. Mayor Greavu moved to deny payment of the special assessment of $231.53 from the Valley Branch Watershed District for storm sewer improvements. Seconded by Councilman Bastian. Ayes - all. - 16 - 4/3 9. Accounts Payable a. Councilman Bastian moved that the accounts (Part I - Fees Services Expenses Check IQo. 004116 through Check Ido. 004158 - $68,282.32; Check No. 005177 through Check No. 005288 - $132,088.40: Part II Payroll - Check No. 23800 through Check No. 23932 - $51,892.43) in the amount of $252,263.65 be paid as submitted. Seconded by Councilman Anderson. Ayes - a11. 10. Minnesota Public Works Association Conference - Director of Public Works 11. Nation Conference - City Clerks a. Mayor Greavu moved to deny both applications for travel and training. Motion died for lack of a second. b. Councilman Tdelson moved to approve the applications for travel and training submitted by the Director of Public Works to attend the Minnesota City Engineers Association Conference at Brainerd, Minnesota, May 15 and 16, 1980 and for the City Clerk to attend the National Clerks Conference at Toronto, Canada, May 19 thru 24, 1980. Seconded by Councilman Anderson. Ayes - Councilperson Juker, Councilmen Ander- son and IQelson. Nays - Mayor Greavu and Councilman Bastian. 12. Final Plans and Specifications - Howard and Larpenteur Storm Sewer a. Councilman Bastian introduced the following resolution and moved its adoption: 80-4-88 WHEREAS, pursuant to resolution passed by the City Council on February 2II, 1980, plans and specifications for Larpenteur Avenue/Howard Street Storm Sewer, Maplewood Project No. 75-6, have been prepared by or under the direction of the City Engineer, and he has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TAE CITY OF PIAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to Ue inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published three times, the first time at least three weeks before date set for bid opening and shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. - 17 - 4/3 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place .herein noted, and to tabulate the bids received. 4. The advertisement for bids shall be in substantially the following form: ADVERTISEMENT FOR BIDS The City Council of Maplewood, Minnesota, will receive sealed bids for the construction of the following approximate quantities: 1900 L.F. of 12" through 18" Storm Sewer and Appurtenances 430 C.Y. Common Excavation within the City limits on the basis of cash payment for the work. Bids will be received until 2:00 P.M. on the 6th day of May, 1980, at .the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place ,all bids will be publicly opened, read aloud and considered. Proposals must be placed in a sealed envelope with the statement thereon indicating proposal for bid contained within and addressed to the City of Maple- wood, Minnesota. Proposals shall be submitted to the City Clerk on or before the above stated time. Proposal is for the furnishing of all labor, equipment and materials and performing all work in connection with the above stated construction. Proposal forms, including specifications, are on file in the office of Barr Engineering Company located at 6800 France Avenue, South, Minneapolis, Minnesota, - 55435. Copies of the documents may be obtained by depositing $25.00 with the Engin- eer. The amount of deposit for one set of documents will be refunded to each actual bidder who returns the plans and documents in good conition within ten days after the opening of bids. All bids must be accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, in an amount equal to five per cent (5%) of the total bid, conditioned that if the bidder is the successful bidder he will enter into a contract in accordance with said bid and will furnish such performance bonds as are specified. No bidder may withdraw his bid for at least thirty (30) days after the scheduled closing time for the receipt of bids, without the consent of the owner. The City Council reserves the right to reject any and all bids and to waive irregularities and informalities therein and further reserves the right to award the contract in the best interest of the City. /s/ Lucille E. Aurelius City Clerk, City of Maplewood, Mn. Seconded by Mayor Greavu. Ayes - all. - 18 - 4/3 13. Proclamation on Census a. Mayor Greavu proclaimed the following: WHEREAS, the Twentieth United States Decennial Census of Population and Housing was sent out on April 1, 1980; and WHEREAS, all the residents of the City of Maplewood are to be enumerated in this census; and WHEREAS., the information collected in the census serves many useful purposes, among which are apportionment of representation in Congress and other legis- lative bodies, measurement of the economic well-being of communities and their inhabitants, allotment of certain Federal and State tax revenues and other finan- cial aid to our communities, determination of future needs for public services, and numerous other useful purposes; and WHEREAS, the accuracy and completeness of the census for the City of Maple- . wood will determine its population rank among other communities of the country; NOW, THEREFORE, I, John Greavu, Mayor of the City of Maplewood, do hereby urge and implore all residents to cooperate fully during the month of April with those who are charged with the responsibility of this most important work. Dated this 3rd day of April, A.D. 1980. K. COUNCIL PRESENTATIONS Councilman Bastian moved to strike Items K-1 through 9 from the Agenda. ' Seconded by Mayor Greavu. Ayes - all. 10. Tour by Staff a. Councilperson Juker feels it would be worthwhile for the Council with Staff to tour the areas of the City where we are having problems. b. No action taken. 11. Health Officer Monthly Report a. Councilperson Juker would like a monthly report from the Health Officer similar to the one the Fire Marshal submits each month. b. Staff stated the Health Officer is in the process of preparing such a report. L. ADMIPdISTP.ATIVE PRESENTATIONS None. M. ADJOURNMENT 12:30 A. M. City Clerk - 19 - 4/3