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:
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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
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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.
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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;
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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
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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,
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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:
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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.
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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:
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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.
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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
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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.
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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:
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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.
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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
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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.
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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:
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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
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