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HomeMy WebLinkAbout05.15.80 MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, May 15, 1980 Council Chambers, Municipal Building Meeting No. 80-13 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 Greavu. B. ROLL CALL John C. Greavu, Mayor Norman G. Anderson, Councilman Gary W. Bastian, Councilman Frances L. Juker, Councilperson Earl L. Nelson, Councilman Present Present Present Present Present C. APPROVAL OF MINUTES 1. Minutes No. 80-9 (April 3, 1980) Councilman Anderson moved that the Minutes of Meeting No. 80-9 (April 3, 1980) be approved as submitted. Seconded by Councilperson Juker. Ayes - all. 2. Minutes No. 80-10 (April 17, 1980) Councilperson Juker moved that the Minutes of Meeting No. 80-10 (April 17, 1980) be approved as submitted. Seconded by Councilman Nelson. Ayes - all. D. APPROVAL OF AGENDA Councilman Anderson moved to approve the Agenda as amended: 1. Petition - 4-Way Stop - Leland and Atlantic 2. Justice Advisory Board 3. Lawsuit - Highway 35 & Roselawn 4. Clean Up Week 5. Add K-Mart Hearing Date for Revenue Note as E-ll 6. Hear Item H-l Before Public Hearings 7. Hear Item J-2 After H-l Seconded by Councilperson Juker. Ayes - all. E. CONSENT AGENDA Council removed Items 7 and 8 from the Consent Agenda to become J-8 and 9. Councilman Nelson moved seconded by Juker, Ayes - all, to approve Items 1 through 9 of the Consent Agenda as recommended: - 1 - 5/15 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses - Check No. 004243 through Check No. 004284 - $129,032.83; Check No. 005567 through Check No. $281,921.25; Part II - Payroll Check No. 24196 through Check No. 24325 - $54,643.91) in the amount of $465,597.99 be paid. 2. Transfer of Reforestration Grant Approved the transfer of $2,131.92 reforestration grant money from the Special Assessment Fund to the funds that originally financed the reforestration costs. 3. Settlement: Netnorlin Improvement 73-13 Resolution No. 80-5-105 WHEREAS, pursuant to Resolution 77-9-188 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Utilities 73-13 were levied against property described by County Auditor's No. 57 54600 060 01; and WHEREAS, $4,000.00 of the aforesaid assessment is to be reduced from the original amount of $5,969.11 as ordered by District Court; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Northeast Area Street Improvement 73-13 against the property described by County Auditor's Code No. 57 54600 060 01 be correctly certified to the Auditor of Ramsey County by deleting therefrom the amount of $4,000.00. Resolution No. 80-5-106 WHEREAS, pursuant to Resolution 77-9-188 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Improvement 73-13 were levied against property described by County Auditor's No. 57 54600 070 01; and WHEREAS, $4,000.00 of the aforesaid assessment is to be reduced from the original amount of $4,487.82 as ordered by District Court; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Northeast Area S.treet Improvement 73-13 against the property described by County Auditor's Code No. 57 54600 070 01 be correctly certified to the Auditor of Ramsey County by deleting therefrom the amount of $4,000.00. Resolution No. 80-5-107 WHEREAS, pursuant to Resolution 77-9-188 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Utilities Improvement 73-13 were levied against property described by County Auditor's No. 57 54600 080 01; and WHEREAS, $4,000.00 of the aforesaid assessment is to be reduced from the original amount of $4,487.82 as ordered by District Court; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Northeast Area Streets Improvement 73-13 against the property described by County Auditor's Code No. 57 54600 080 01 be correctly certified to the - 2 - 5/15 Auditor of Ramsey County by deleting therefrom the amount of $4,000.00. Resolution No. 80-5-108 WHEREAS, pursuant to Resolution 77-9-187 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Street Improvement 73-13, were levied against property described as 57 54600 170 01; and WHEREAS, the above described assessment has been declared unenforceable to the property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Northeast Area Street Improvement 73-13 in the amount of $2,206.00 against 57 54600 170 01 be, and the same hereby are, cancelled. Resolution No. 80-5-109 WHEREAS, pursuant to Resolution 77-9-188 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Utilities Improvement 73-13, were levied against property described as 57 54600 170 01; and WHEREAS, the above described assessment has been declared unenforceable to the property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Northeast Area Utilities Improvement 73-13 in the amount of $4,187.72 against 57 54600 170 01 be and the same hereby are cancelled. Resolution 80-5-110 ~lliREAS, pursuant to Resolution 77-9-187 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Street No. 73-13, were levied against property described as 57 54600 160 01; and WHEREAS, the above described assessment has been declared unenforceable to the property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Northeast Area Street Improvement 73-13, in the amount of $2,426.60 against 57 54600 160 01 be, and the same hereby are cancelled. Resolution 80-5-111 WHEREAS, pursuant to Resolution 77~9-l88 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Utilities 73-13, were levied against property described as 57 54600 1'0 01; and WHEREAS, the above described assessment has been declared unenforceable to the property; NOW, THEREFORE, the assesswents for 57 54600 180 01 be, BE IT RESOLVED BY THE CITY COUNCIL OF 11APLEWOOD, MINNESOTA, that Northeast Area Utilities 73-13 in the amount of $4,487.82 against and the same hereby are cancelled. - 3 - 5/15 Resolution 80-5-112 WHEREAS, pursuant to Resolution 77~9-l87 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Street 73-13, were levied against property described as 57 54600 180 01; and WHEREAS, the above described assessment has been declared unenforceable to the property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Northeast Area Street Improvement 73-13 in the amount of $3,639.90 against 57 54600 180 01 be, and the same hereby are cancelled. Resolution 80-5-113 WHEREAS, pursuant to Resolution 77-9-188 of the City Council of Maplewood, Minn- esota, adopted September 15, 1977, the special assessments for the construction of Northeast Area Utilities Improvement 73-13, were levied against property described as 57 54600 180 01; and WHEREAS, the above described assessment has been declared unenforceable to the property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Northeast Area Utilities Improvement 73-13 in the amount of $5,115.41 against 57 54600180 Ol.be, and the same hereby are cancelled. 4. Planning Commission Resignation Accept resignation o.f Gary Sherburne Resolution No. 80-5-115 ~REAS, Gary Sherburne became a member of the Planning Commission of Maplewood, Minnesota in January of 1976 and has served faithfully in that capacity to the present time; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and ~illREAS, he has shown sincere dedication to his duties and has consistently con- tributed 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 Maplewood, Minnesota, and the citizens of the City that Gary Sherburne is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him con- tinued success in the future. 5. Resolution No. 80-5-114 REQUESTING the Metropolitan Council HRA to apply for Rehabilitation Grant funds for the City of Maplewood. WHEREAS, the City of Maplewood desires to assist repairs to their homes for the purpose of correcting safety, habitability, energy usage, or accessibility low income homeowners in making defects affecting directly the of the property; - 4 - 5/15 WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such pur- poses, and will accept applications from housing and redevelopment authorities desiring to administer these Home Improvement Grant Program funds; and WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 1976, Section 473.123 and has all of the powers and duties of a housing and redevelopment authority pursuant to Minnesota Statutes 1976, 473.193 under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes 1976, Sections 462.411 to 462.711; and NOW, THEREFORE, BE IT RESOLVED that the Metropolitan Council is hereby requested to include the City of Maplewood in an application for State Home Improvement Grant Program funds, and that upon approval of such application, the City and the Metro- politan Council will enter into an agreement for operating the program within the City. 6. Time Extension - Cave's Addition Extended the preliminary plat approval for Cave's Century Addition for 90 days subject to the original conditions. 7. Swap: Gun Equipment Authorized the trade of six Police Department handguns in exchange for six new shot gun locks and brackets. 8. I.C.M.A. Conference - City Manager Approved Travel and Training application of City Manager Barry Evans to attend the I.C.M.A. Conference in New York from September 28 to October 2, 1980. 9. K-Mart - Commercial Revenue Note Resolution No. 80-5-116 RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: CALLING FOR A PUBLIC HEARING TIlliREON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA (the City), as follows: Section 1. Recitals. 1.01 K-Mart Corporation, (hereinafter the Company) has advised this Council of its desire to acquire and renovate a 144,000 square foot discount store in the City. 1.02 The City is authorized by Minnesota Statutes, Chapter 474 (the Act), to issue its revenue bonds or notes to finance capital projects consisting of properties used and useful in connection with a revenue-producing enterprise. The Company has requested that the City issue its revenue bonds or notes in an amount not exceeding $4,360,000 to finance the Project. Section 2. Public Hearing - 5 - 5/15 2.01. Section 474.01, Subdivision 7b, of the Act requires that prior to sub- mission of an application to the Minnesota Commissioner of Securities requesting approval of the Project as required by Section 474.01, subdivision 7a, of the Act, this Council shall conduct a public hearing on the proposal to undertake and finance the Porject. Pursuant to that provision, a public hearing on the proposal to under- take and finance the Project is called and shall be held on June 5, 1980, at 8:15 o'clock P.M., at the City Hall. 2.02. The City Clerk shall cause notice of the public hearing to be published in the official newspaper of the City at least once not less than fifteen (15) nor more than thirty (30) days prior to the date fixed for the hearing. H. UNFINISHED BUSINESS 1. H.R.A. Appointment a. Mrs. Maria Larsen explained her reasons for wishing to serve on the H.R.A. b. Councilperson Juker moved the appointment of Maria Larsen to the Housing and Redevelopment Authority for a full five (5) year term. Seconded by Councilman Nelson. Ayes - all. J. NEW BUSINESS 2. Ken Berg: Sewer Fee a. Manager Evans presented the staff report. b. Mr. Ken Berg, 1617 Sextant Avenue, requested the interest and penalty charges on his sewer bill be refunded because he never received a bill. c. Staff stated Mr. Berg did not receive his bill because the previous owner had written the City a letter requesting the bill be sent to him and had never can- celled the order. d. Following lengthy discussion, Councilman Nelson moved to proceed to the next agenda item. Seconded by Councilperson Juker. Ayes ~ all. F. PUBLIC HEARINGS 1. Rezoning - Rice Street - L-Z Company, Inc. - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request from the L-Z Company for a zone change from B-C (Business Commercial to M-l, (Light Manufacturing) the. property. described as Tracts Band C of Registered Land Survey No. 10. The Clerk stated the notice of hearing was 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 to the City Council approval of the rezoning request from BC, Business Commercial to M-l, - 6 - 5/15 Light Manufacturing for that portion approximating the 940 contour line. of the site Approval is west of a north-south line on the basis that: 1. The proposed rezoning will not detract from the use or character of neighboring properties. 2. The applicant's proposal is consistent with existing land uses in the area. 3. The applicant's proposal is consistent with the intent of the zoning ordin- ance and Land Use Plan. 4. The site, due to its diversified relief, is well suited to screening a use which requires outside storage. 5. Access to a major highway facility (Rice Street) is available for truck traffic. Commissioner Prew seconded. Ayes - all." d. Mr. Dale Carmichael stated that L-Z is withdrawing their request for rezoning and as owners of the property, he is also requesting the rezoning request be denied. e. Mayor Greavu closed the public hearing. f. Councilman Nelson moved to deny the request of LZ Company for rezoning. Seconded by Councilperson Juker. Ayes - all. 2. PUD/Preliminary Plat: Crestview Forest Townhouses - 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Marvin H. Anderson Construction Company for approval of a preliminary plat and planned unit development to construct 132 townhouse units. The Clerk stated the hearing notice was 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 Fischer moved that the Planning Commission recommend that the City Council approve the Planned Unit Development subject to the finding of the Com- munity Design Review Board that the buildings are of a scale, design, and location that is compatible with single family homes in any adjacent RL area. Approval is on the basis that the project meets the first three criteria of the RLE designation. The fourth criteria dealing with the design of the units, shall be determined by the Community Design Review Board during the building and site plan review. Commissioner Ellefson seconded. Ayes all. Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the preliminary plat, subject to the following conditions: - 7 - 5/15 1. The final plat shall not be approved until: a. The City Attorney has reviewed and approved by-laws and rules of the proposed homeowners' association to assure all common areas are main- tained. b. A signed developers agreement is submitted to the Director of Public Works. 2. Redesignate the common areas as outlots. 3. Approval of final grading and drainage plan by the City Engineer, including dedication of necessary easements. 4. Approval of a Planned Unit Development. 5. Change Crestview Forest Drive to Evar Street. 6. Provide for the dedication of a 20 foot wide easement and construction of a 10 foot wide bike/pedestrian trail from proposed Sterling Street to the west property line. Location to be determined by staff and applicant. Commissioner Whitcomb seconded. Ayes - all." d. Mayor Greavu called for proponents and opponents. The following voiced their opinions: Mr. Fred Haas, ~furvin Anderson Construction Co. Mr. Brooks, 354 Mary Street Mr. Ray Lemmons e. Mayor Greavu closed the public hearing. f. Councilman Anderson moved to approve the Planned Unit Development for the Crestview Forest Townhomes subject to the finding of the Community Design Review Board that the buildings are of a scale, design and location that is compatible with single family homes in any adjacent RL area. Approval is on the basis that the project meets the first three criteria of the RLE designation. The fourth criteria dealing with the design of the units, shall be determined by the Community Design Review Board during the building and site plan review. Seconded by Councilperson Juker. Ayes - all. g. Councilman Anderson moved approval of Forest Townhomes subject to the following the preliminary plat for the Crestview conditions: 1. The final plat shall not be approved until: a. The City Attorney has reviewed and approved by-laws and rules of the proposed homeowners' association to assure all common areas are maintained. b. A signed developers agreement is submitted to the Director of Public Works. 2. Redesignate the common areas as outlots. - 8 - 5/15 3. Approval of final grading and drainage plan by the City Engineer, including dedication of necessary easements. 4. Approval of a Planned Unit Development. 5. Provide for the dedication of~a20 foot wide easement and construction of a 10 foot wide bike/pedestrian trail from proposed Sterling Street to the west property line. Location to be determined by staff and applicant. Seconded by Councilperson Juker. Ayes.- all. 3. Alley Vacation: North of Ripley A~enue between Frank and Atlantic Streets - 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request to vacate the alley in Block 2, W.H. Fishers Addition to Gladstone. The Clerk stated the hearing notice was 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 Ellefson moved the Planning Commission recommend to the City Council approval of the proposed alley vacation based on the following findings: 1. The alley vacation would be in the public's best interest. 2. The alley is presently being used for rear yard space by adjacent land owners. 3. The alley does not serve as a secondary access to any abutting property. It does not meet the intended purpose of the alley when it was platted. Approval is subject to a utility easement being retained for maintenance of the existing overhead power lines. Commissioner Sletten seconded. 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. g. Councilman Anderson introduced the following resolution and moved its adoption: 80 - 5 - ll7 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of a majority of the owners of the land abutting the alley proposed to be vacated, and after a public hear- ing proceeded by two (2) weeks published and posted notice, proposes the vacation of the following described alley located in Block 2, W.H. Fishers Addition to Gladstone to wit: - 9 - 5/15 East west alley affecting Lots 1 thru 24, Block 2 W.H. Fishers Addition to Gladstone. WHEREAS, the Maplewood City Council finds that the vacation of the above described alley is in the interest of the public due to changing land uses and obsolete platting. NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minn- esota, that the above described alley be and hereby is, vacated subject to a utility easement being retained for maintenance of the existing power lines, and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Councilperson Juker. Ayes - all. G. AWARD OF BIDS 1.. Diseased Shade Tree Control a. Manager Evans presented the staff report. b. Mrs.l.rene Gozagowski, 2275 Carver Avenue, stated she is against the Diseased Shade Tree Program. c. Councilman Nelson requested a report on the Forestry Technician,~s,procedures. Seconded by Councilman Anderson. Ayes - Councilperson Juker; Councilmen Anderson~,Bastian and Nelson. Nays - Mayor Greavu. ~. Councilman Nelson introduced the following resolution and moved its adoption: 80 - 5 - ll8 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Bluemel's, Inc. in the amount of $65,886.50 is the lowest responsible bid for for the removal of diseased trees for 1980 (Maplewood Project 80-6), and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Anderson. 2. Howard and Larpenteur Sturm Sewer Improvement 75-6 a. Manager Evans presented the staff report. b. Councilman Nelson moved to authorize issuance of the checks for the easements needed for Improvement 75-6. Seconded by Councilman Anderson. Ayes - all. - 10 - 5/15 c. Mayor Greavu introduced the following resolution and moved its adoption: 80 - 5 - ll9 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of C & H Contracting, Inc., Elk River, Minnesota, in the amount of $44,497.50 is the lowest responsible bid for the construction of Howard and Larpenteur Storm Sewer (Project 75-6) and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Anderson. Ayes - all. 3. Gervais Avenue, T.H. 61 to English Street - Improvement 78-1 a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 80 - 5 - 120 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Shafer Contracting Company, Inc., Shafer, Minnesota, in the amount of $383,625.75 is the lowest responsible bid for the construction of Gervais Avenue, T.H. 61 to English Street (Project 78-1), and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Anderson. Ayes - Mayor Greavu; Councilperson Juker, Councilmen Anderson and Nelson. Nays - Councilman Bastian. .4. Cope Avenue Connection - Improvement 79-1 a. Manager Evans presented the staff report. b. Councilman Nelson introduced the following resolution and moved its adoption: 80 - 5 - 121 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of C & H Contracting, Inc., Elk River, Minnesota, in the amount of $175,048.25 is the lowest responsible bid for the construction of Cope Avenue Connection .,"..<project 79-1), and the Mayor and Clerk are hel:eby authorized and directed. to enter into a contract with said bidder for and on behalf of the City. ~''';~i ..' Seconded by Councilman Anderson. Ayes - all. 5. Tractor Mower a. Manager Evans presented the staff report. b. Councilman Nelson introduced the following resolution and moved its adoption: 80 - 5 - 122 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of - 11 - 5/15 A & M Industrial Tractor, Inc., in the net amount of $16,467.00 is the lowest responsible bid for the purchase of a heavy duty industrial tractor with flail mowers, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Bastian. Ayes - Councilperson Juker, Councilmen Bastian and Nelson. Nays - Mayor Greavu and Councilman Anderson. 6. Utility Truck a.o Manager Evans presented the staff report. b. Councilman Anderson introduced the following resolution and moved its adoption: 80 - 5 - 123 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Rosedale Chevrolet Inc., Roseville, Minnesota, in the net amount of $7,975.00 is the lowest responsible bid for the purchase of a 3/4 ton, 4-wheel drive Utility Truck, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Nelson. Ayes - Councilmen Anderson, Bastian and Nelson. Nays - Mayor Greavu and Councilperson Juker. n. UNFINISHED BUSINESS 2. Maple Greens Final Plat a. Manager Evans presented the staff report with the following recommendation: Approval of the final plat, subject to the following conditions: 1. Developer must enter into a developer agreement with the City, to be approved by the Director of Public Works. 2. Satisfactory arrangements must be made to complete construction and pay out- standing bills on Maple Greens I and II. 3. Approval of the final plat shall not take affect until the above conditions are met. This means that the preliminary plat approval must be renewed in 90 days if these conditions are not met. b. Councilman Nelson moved to approve the Maple Greens Third Addition Final Plat subject to the following conditions: l. Developer must enter into a developer agreement with the City, to be approved by the Director of Public Works. 2. Developer agreed to pay all monies not in dispute on Maple Greens I and II with remainder of outstanding bills to be determined by either arbitration or court proceedings. - l2~ 5/15 3. Approval of the final plat shall not take affect until the above con- ditions are met. This means that the preliminary plat approval must be renewed in 90 days if these conditions are not met. Seconded by Councilman Anderson. Ayes - Mayor Greavu; Councilmen Ander- son, Bastian and Nelson. Nays - Councilperson Juker. 3. Frank McGinley - Audit a. Mr. Frank McGinley, 2044 Prosperity Road, stated before he can make a pre- sentation, he needs more information. b. Staff stated they will provide any information that they are able to. c. Council placed Mr. McGinley on the June 5, 1980 meeting. 4. Code Amendment - Accessory Building Setback a. Manager Evans presented the staff report. b. Councilman Anderson moved First Reading on an ordinance amending Section 904.050, 904.060 and 905.060 and adding Sections 904.100 and 905.060 regarding setbacks of accessory buildings. Seconded by Councilperson Juker. Ayes - all. 5. Travel and Training a. Councilman Anderson stated the travel and training policy should remain as stated, to be reviewed at budget time and that all costs available be supplied. b. No action taken. 6. Rental Housing MAintenance Code a. Manager Evans presented the staff report. b. Councilman Anderson moved First Reading of an ordinance regarding maintenance of rental housing. Seconded by Councilperson Juker. Ayes - all. 7. Beam Avenue Sanitary Sewer, West of T.H. 61 - Improvement 78-24 a. Director of Public Works Bittner presented the staff report. b. Mr. Ralph Wagner from Probe Engineering, an engineering firm hired by Voya Pelitich, spoke. c. Mr. Voya Pelitich, developer of the abutting property on Beam spoke. d. Mr. Roger Short and Mr. Dan Boxrud, Short, Elliott and Hendrickson, Consult- ing Engineers for the City, explained the specifics of the proposed improvement. e. The following area residents expressed their opinions: -13- 5t15 Mrs. Marilyn Vars, 1140 Beam Avenue Mr. Talmadge Carey, 1174 E. County Road D Mr. Harvey Zuercher Mr. William Essling, attorney representing Mr. Ron McDaniels, Toyota Councilman Anderson moved to waive the Rules of Procedures and to extend the meeting past the deadline. Seconded by Mayor Greavu. Ayes - all. f. Councilman Nelson introduced the following resolution and moved its adoption: 80 - 5 - 124 WHEREAS, after due notice of public hearing on the construction of water mains, storm sewers, sanitary sewers, service connections, street construction, curbs and gutters and necessary appurtenances (Project 78-24) in the area of Beam Avenue west of T.H. 61. A hearing on said improvement in accordance with the notice duly given was duly held on February 28, 1980, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maple- wood construct that portion of the project consisting of sanitary sewer and necessary appurtenances on Beam Avenue, west of T.H. 61 from Beam Avenue and approximate 1400 feet north, as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is designated engineer for this improvement and is authorized to contract with the Egnineering firm of Short, Elliot and Hender- son for the preparation of final plans and specifications for the making of said improvement. Seconded by Councilman Anderson. Ayes - all. g. Councilman Nelson introduced the following resolution and moved its adoption: 80 - 5 - 125 WHEREAS, Voya Pelitich has requested a grading permit for the property identified by Ramsey County as parcel number 57 00410 230 07; NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood shall issue such permit conditional on the following: 1. Developer to submit grading and drainage plan for the site. 2. Developer to final grade site to maximum slopes as indicated in such plan, cover with top soil and establish vegetation on all disturbed areas. Seconded by Councilman Anderson. Ayes - all. I. VISITOR PRESENTATIONS None. - 14_ 5/15 J. NEW BUSINESS 1. Pur~hasing Procedures a. Tabled to meeting of June 5, 1980. 3. Public Improvement Project 78-22 - Boxwood Avenue a. Manager Evans presented the staff report. b. Councilman Nelson introduced the following resolution and moved its adoption: 80 - 5 - 126 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Boxwood Avenue from McKnight Road to Sterling Avenue by construction of street, watermain, sanitary sewer, storm sewer and necessary appurtenances (Public Improvement Pro- ject 78-22); 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 Boxwood Avenue by construction of street, watermain, sanitary sewer, storm sewer 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 estimated total cost of the improvement of $874,200.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday the 5th day of June, 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 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: June 5, 1980 at 7:30 P.M. Location: Council Chambers of the City Hall, 1380 Frost Avenue - 15 - 5/15 The general nature of the improvement is the construction of street, watermain, sanitary sewer, storm sewer and necessary appurtenances (Public Improvement Project 78-22) in the following described area: generally bounded on east by Sterling Street, on the south by a line 400 feet south of Carver Avenue, on the west by McKnight Road, on the north by a line 1800 feet north of Carver Avenue. The total estimated cost of said improvement is $874,200.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 15th day of May, 1980. BY ORDER OF THE CITY COUNCIL Lucille E. Aurelius City Clerk City of Maplewood, Minnesota Seconded by Councilman Anderson. Ayes - all. 4. Special Exception/Plan Review: Beam Avenue and Highway 61 a. Manager Evans presented the staff report. b. Mr. Burbank, Toyota, requested permission to commence construction of the Toyota building. c. Councilman Anderson stated that Toyota could commence construction of their building subject to the original conditions with the following revision: "Define the upgrading of Beam Avenue required in the special exception and plan review as sanitary sewer service to the building from the east side of Highway 61 and the limited imp~Ovement of the street from Highway 61 to the west driveway entrance. All work to be approved by the City Engineer. Seconded by Councilman Nelson. Ayes - all. 5. Quad Design Ordinance a. Councilperson Juker requested this matter be placed on the agenda. b. Councilperson Juker moved first reading of an ordinance regarding a Quad Design Ordinance. Seconded by Councilman Anderson. Ayes - Councilperson Juker and Council- man Anderson. Nays - Mayor Greavu, Councilmen Nelson and Bastian. - 1 6- 5/15 6. Code Amendment: Pigeon Ordinance a. Manager Evans presented the staff report. b. Councilman Anderson moved first reading of an ordinance pertaining to the regulations governing pigeons. Seconded by Councilperson Juker. Ayes - all. 7. 1979 Annual Financial Report and Audit a. Manager Evans presented Council copies of the 1979 Annual Financial Report and Audit. Mr. Robert Voto, Voto, DeLaHunt, Inc., will attend the June 16, 1980 Council-Staff Meeting. 8. Gift Paramedic Program a. Councilperson Juker moved that a letter of appreciation be forwarded to the estate of Mrs. Helen I. Johnson for the generous donation of $1,000.00 for the Paramedic Program. Seconded by Councilman Nelson. Ayes - all. b. Councilman Bastian moved to accept the donation from the estate of Mrs. Helen I. Johnson in the amount of $1,000.00 and that such donation be placed in the Paramedic Program Capital Outlay account No. 4600. Seconded by Councilperson Juker. Ayes - all. 9. Establish Hearing Date - Bodell's Spirit Corner Liquor Store a. Council established a hearing date for Bodell's Spirit Corner Liquor Store regarding revocation of bond as provided in Ordinance 703.080 Paragraph (2) C. The hearing is requested due to a clerk in the store pleading guilty to under- age sales. The hearing date to be June 19, 1980. Ko COUNCIL PRESENTATIONS 1. Petition - 4 Way Stop - Leland and Atlantic a. Councilman Anderson introduced the following resolution and moved its adoption: 80 - 5 - 127 VfriEREAS, it is deemed advisable for traffic safety, to provide 4-way stop signs at the intersection of Leland Road and Atlantic Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, that 4-way stop signs be installed at the intersection of Leland Road and Atlantic Street. Seconded by Mayor Greavu. Ayes - all. b. Councilman Anderson introduced the following resolution and moved its adoption: - 17 - 5/15 80 - 5 - 128 WHEREAS, it is deemed advisable for traffic safety, to provide 4-way stop signs at the intersection of Junction Avenue and Atlantic Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, that 4-way stop signs be installed at the intersection of Junction Avenue and Atlantic Street. Seconded by Mayor Greavu. Ayes - all. 2. Justice Advisory Board a. Councilman Anderson reported on the meetings of the Justice Advisory Board and when the next meeting will be held. 3. Clean Up Week a. Mayor Greavu requested that next year Spring Clean Up Week be reviewed for better organization. 4. Lawsuits a. Mayor Greavu commented on receiving a copy of the lawsuit filed by Voight and Fourre. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 1:27 A.M. City Clerk - 18 - 5/15