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HomeMy WebLinkAbout07.02.81 MINUTES OF MAPLEWOOD..CITY COUNCIL 7:00 P,M., Thursday, July 2, 1981 Council Chambers, Municipal Building Meeting No. 81-14 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was~eal'1ed-to_order at:7:0©°P.M-.'<by.MayorGreavu. 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 None. D. APPROVAL OF-AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Identification of "On Route" Firemen 2. Criminal Justice Advisory Board 3. Book Presentation 4. Trash Seconded by Councilman Bastian. Ayes - a11. G. CONSENT AGENDA Council removed Item E-2 to become Item J-4. Councilman Nelson moved, seconded by Councilman Anderson, Ayesall, to approve the Consent. Agenda Item 1, 3 through 6 as recommended. 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check No. 005930 through Check No. 005989 - $170, 190.95; Check No. 010315 through Check No. 010435 - $100,680.48: Part II - Payroll - Check No. 01876 through Check No. 02010-$53,293.42) in the amount of $324,164.85. 3. Signal Systems: White Bear Avenue at Gounty Road B and Gope Avenue a. Approved an agreement with Ramsey County for installation of Opticom Systems at White Bear Avenue at County Road B and Cope Avenue. 4. Final Plat: Tilsen's 10th Addition - 1 - 7/2 a. Approved the Robert Tilsen's 10th Addition Final Plat located on the Southeast corner of Gall Avenue and McKnight Road (4 lots). 5. Time Extension: Schwichtenberg Addition a. Approved a 90 day time extension for the Schwichtenberg Addition preliminary plat on Linwood Avenue. 6. Time Extension: Maple Park Shores a. Approved a 90 day time extension for the Map 1e Park Shores preliminary Plat Located on Cope Avenue. F. PUBLIC HEARINGS 1. Liquor License: Chalet Lounge - 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Timothy Marlow and Mark Tuenge for an on sale intoxicating liquor license at the Chalet Lounge, 1820 North Rice Street. The Clerk stated the hearing notice was in order and noted the date of publication. b. Acting Manager Haider stated that due to new information that has come to our attention, we have reopened our background investigation. In this process, we are requesting additional financial information and documentation. The applicants' attorney advises that they will furnish the requested information, but they cannot haveit ready by the July 2nd hearing.. In view of the foregoing, staff recommends the hearing be held as scheduled and then the matter for further action be tabled until the August 6th City Council meeting (the July 16th meeting already has a full agenda). By that date, staff feels the applicants should have the requested information turned in to the City, it can beevaluated and a staff recommendation submitted. c. Mr. Mark Tuenge, the applicant, spoke on behalf of his request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed thepublic hearing. g. Councilman Bastian moved to continue decision on this matter until the .meeting of August 6, 1981 or until the applicants supply the necessary information. Seconded by Councilperson Juker. Ayes - a11. G. AWARD OF BIDS 1. Sod: North Hazelwood Park a. Acting Manager Haider stated this item is being rescheduled for July 16, 1981. 2. Street Resurfacing a. Acting Manager Haider presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: - 2 - 7/2 81-7- 133 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of NDH, Inc. in the amount of $192,300.00 is the lowest responsible bid for the Bituminous Resurfacing project (Improvement 81-9), and that the Mayor and Clerk are hereby author- ized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilperson Juker. Ayes - a11. c. Mayor Greavu 'introduced-the followingresolution and moved its adoption: 81 - 7 - 134 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid ofSylvax Corporation in the amount of $12,520.05 is the lowest responsible bid for supplying manhole and gate valve adjusting rings for use in the Bituminous Resurfacing Project (Improvement Project 81-9), and that 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 - a11. F. PUBLIC HEARINGS (continued). 2. P.U.D./Preliminary Plat: Linwood Heights - 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Washington Service Corporation, Inc. for approval of a Planned Unit Development, preliminary plat and lot division to construct 74 townhouses to be known as Linwood Heights. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Acting Manager Haider presented the staff report with the following recommendation: 1. Approval of the Planned Unit Development, subject to the finding by 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 threecriteria of the RLE designation. The fourth criteria dealing with the design of the units, shall be determined by the Community Design Review Board during building and site plan review. - II. Approval of the preliminary plat, subject to the following conditions: 1. The final plat shall not be approved, unless: a. Council orders the construction of Hillwood Drive from the east side of the Crestwood Knolls Plat to McKnight Road, including sanitary sewer, water, storm sewer, and storm water retention ponds. b. Council orders the construction of Dorland Road from proposed Hillwood Drive to Linwood Avenue, including sanitary sewer, storm sewer, and a storm water retention pond. c. The lot split is approved by Council and the property for Dorland Road is deeded to the City. d. That lots 7, 12 and 24 be designated as outlots and that whatever changes are necessary to meet the 30 foot setback requirements be made to the agreement of staff and developer. e. TheCity Attorney has reviewed and approved the by-laws and rules of _ 3 _ 7/2 of the proposed homeowners' association to assure all common areas are maintained. f. Easements for public utilities to be approved by the Director of Public Works g. The applicant shall enter into a developers agreement with the City for on-site public improvements 2. Approval of afinal grading and drainage plan by the City Engineer. 3. Submission of an erosion control plan, incorporating the Soil Conservation Services recommendations to the Director of Community Development before building permits are issued. 4. Approval of a Planned Unit Development III.Approval of the lot split, subject to the deeding of the property for Dorland Road to the City. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Planning Commission recommends the approval of the Planned Unit Development, subject to the finding by 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 building and site plan review. The Commission also recommends approval of the preliminary plat, subject to the followingconditions: 1. The final plat s hall not be approved, unless: a. Council orders the construction of Hillwood-Drive from the east side of the Crestwood Knolls Plat to McKnight Road, including sanitary sewer, water, storm sewer, and storm water retention ponds; b. Council orders theconstruction of Dorland Road from proposed Hillwood Drive to Linwood Avenue, including sanitary .s ewer, storm sewer, and a storm water retention pond. c. The lot split is approved by council and the property for Dorland Road is deeded to the City. d. That lots 7, 12 and 24 be designated as outlots and that whatever changes are necessary to meet the 30 foot setback requirements be made to the agreement of staff and developer. e. The City Attorney has reviewed and approved the by-laws and rules of the proposed homeowners' association to assureall common areas are main- tained. f. Easements for public utilities to be approved by the Director of Public Works g. The applicant shall enter into a developers' agreement with the City for on-site public improvements. 2. Approval of a final grading and drainage plan by the City Engineer. 3. Submission of an erosion control plan, incorporating the Soil Conservation - 4 - 7/2 Services recommendations to the-Director of Community Developmentbefore building permits are issued. 4. Approval of a Planned Unit Development. Commissioner Kishel seconded. Ayes - all." d. Mr. Wayne Tauer, Suburban Engineering Co., spoke on behalf of the proposal. e. Mayor Greavu called for proponents. The following were heard: Mr. Ken Gervais, the developer. f. Mayor Greavu called for opponents. The following were heard: Mr. Emil Kucera, 2519 Highwood Avenue Ms. Cheryl Stanke, 2383 Linwood Avenue Mr. Philip Krinkie, 121 So. McKnight Road, speaking on behalf of his father, Fred Krinkie, 504 So. McKnight Road Mr. Glenn Becklund, 2325 Linwood Avenue Mr. Steven Ifkewitsch, 2313 Linwood Avenue Mrs. Fred Krinkie, 504 So. McKnight Road Ms. Mary Lou Brown, Realtor for Glenn Becklund Mr. Fred Krinkie, 504 So. McKnight Road _ g. Mayor Greavu closed the public hearing. h. Councilman Nelson introduced the following resolution and moved its adoption: 81 - 7 - 134 WHEREAS, the Council of the City of Maplewood, acting on its own initiative as provided under Section 911.010 of the Municipal Code of the City of Maplewood, for the property described as follows: 57 01200 100 57 Unplatted Lands W 60 ft of E 530 ft of S 500 ft of SW 1/4 of SW 1/4 also ex sd S 500 ft and ex W 16.5 ft; the E 1/2 of sd 1/4 1/4 (subj to rd) - in Section 12, Township 28, Range 22 and 57 01200 020 55 Unplatted Lands Ex S 500 ft the W 16 5/10 ft of E 1/2 of SW 1/4 of SW 1/4 and ex W 530 ft the N 200 ft of S 700 ft of W 1/2 of sd 1/4 1/4 and ex sd S 700 ft and ex W 550 ft the W 1/2 of sd 1/4 1/4 in Section 12, Township 28, Range 22 which has been proposed for Special Use Permit. WHEREAS, a public hearing was held on July 2, 1981 at 7:15 P.M, in the City Hall, notice thereof having been duly published in the official city newspaper, and notices of said hearing having been mailed to all property owners of record within 200 feet of the area proposed for Special Use Permit Planned Unit Development; and WHEREAS, the City Planning Commission has made its recommendations; and - 5 - 7/2 WHEREAS, it appears for the best interest of the public that said Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit for Planned Unit Development to construct 74 townhouse units to be known as Linwood Heights be granted, subject to all recommendations=contained aithe staff and Planning Commission reports. Seconded by Councilman Bastian. Ayes - all. i. Councilman Nelson moved to approve the preliminary plat for Linwood Heights subject to the following conditions: L The final plat shall not be approved unless: a. Council orders the construction of Hillwood-Drive from the east side of the Crestwood Knolls Plat to McKnight Road, including sanitary sewer, water, storm sewer, and storm water retention ponds; b. Council orders the construction of Dorland Road from proposed Hillwood Drive to Linwood Avenue, including sanitary sewer, storm sewer, and a storm water retention pond. c.~ The lot split is approved by council and the property for Dorland Road is deeded to the City d. That lots 7, 12 and 24 be designated as outlots and that whatever changes are necessary to meet the 30 foot setback requirements be made to the agreement of staff and developer. e. The City Attorney has reviewed and approved the by-laws and rules of the proposed homeowners' association to assure all common areas are maintained. f. Easements forpublic utilities to be approved by the Director of Public Works g. The applicant shall enter into a developers' agreement with the City for on-site public improvements. - 2. Approval of a final grading and drainage plan by the City Engineer. 3. Submission of an erosion control plan, incorporating the Soil Conservation Services recommendations to the Directorof Community Development before building permits are issued. 4. Approval of a Planned Unit Development. Seconded by Councilman Bastian. Ayes - a11. j. Mayor Greavu moved to approve the lot division as requested by Washington Service Corporation. Seconded by Councilman Nelson. Ayes - all. 3. Preliminary Plat - Lake Ridge Park - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of James M. Brown for approval of a proposed land subdivision preliminary plat for 24 townhouse lots known as Lake Ridge Park. The Clerk stated the hearing notice was in order and noted the dates of publication. b~ Acting Manager Haider presented the staff report recommending: "Approval of the preliminary plat, subject to the following conditions: - 6 - 7/2 1. Dedication of an additional 27 feet of right of way for White Bear Avenue within the plat. 2. Move block 1, ten feet to the north to allow for a 30 foot wide drive from White Bear Avenue to the west line of block 2. 3. No parking signs shall be posted on the drives east of the west line of block 2. 4. Turn around aprons and additional visitor parking shall be provided at the east end of each drive. 5. Blocks 1 and 2 shall be moved 20 feet to the west. 6. Change lot 1, block 4 to Outlot A. 7. A signed developer's agreement.. for the utilities shall be submitted to the Director of Public Works. 8. A finalgrading, drainage, and utility plan must be approved by the Director of .Public Works. Such plan shall include the following erosion control measures: a. The street should be installed first to act as a division and protect the Lower slopes from runoff generated on upper slopes. b. A buffer zone should be maintained for as long as possible between the "preserved area" and the area being graded. c. The straw mulch applied should be clean and applied at the rate of 3,000 to 4,000 Lbs/acre. The mulch must be anchored in some way. d. Overland flows on vegetated areas should not exceed 4.5 fps and for a 10 year, 24 hour storm. c. ChairmanLes Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval ofthe proposed preliminary plat subject to the following conditions: 1. Dedication of an additional 27 feet of right of way for White Bear Avenue within the plat. 2. Move block 1, ten feet to the north to allow.for a 30 foot wide drive from White Bear Avenue to the west line of block2. 3. No parking signs shall be posted on the drives east of the west line of block 2. 4. Turn around aprons and additional visitor parking shall be provided at the east end of each drive. 5. Blocks 1 and 2 shall be moved 20 feet to the west. 6. Change lot 1, block 4 to Outlot A. 7. A signed developer's agreement for the utilities shall be submitted to the Director - of Public Works. 8. A final grading, drainage, and utility plan must be approved by the Director of Public Works. Such plan shall include the following erosion control measures: a. The street should be installed first to act as a division and protect the lower slopes from runoff generated on upper slopes. b. A buffer zone should be maintained for as long as possible between the "preserved area" and the area being graded. c. The straw mulch applied should be clean and applied at the rate of 3,000 to 4,000 lbs/acre. The mulch must be anchored in some way. d. Overland flows on vegetated areas should not exceed 4.5 fps for a 10 year, 24 hour storm. Commissioner Kishel seconded. Ayes 7; Nays 2(Chairman Axdahl & Commissioner Whitcomb)" _ 7 _ 7/2 d. Mr. Sid Johnson, the developer, spoke on behalf of the request. e. Mayor Greavu called for proponents and opponents. The following voiced their opinions: Mr. George King, 2720 Chisholm Avenue, No. St. Paul; Mr. Ron Schally, 2730 Chisholm Avenue, No. St. Paul; Mrs. Dale Reed, 2014 Radatz; Mrs. Germaine Voto, 2736 Chisholm. North St. Paul; e. Mayor Greavu closed the public hearing. f. Councilman Anderson moved to approve the Lake Ridge Park Preliminary Platon White Bear Avenue subject to the following conditions: 1. Dedication of an additional 27 feet of right of way for White Bear Avenue within the plat; 2. Move block 1, ten feet to the north to allow for a 30 foot wide drive from White Sear Avenue to the west Line of block 2; 3. No parking signs shall be posted onthe drives east of the weet line of block 2. 4. Turn around aprons and additional visitor parking shall be provided at the east end of each drive. 5. Blocks 1 and 2 shall be moved 20 feet to the west. 6. Change lot 1, block 4 to Outlot A. 7. A signed developer's agreement for the utilities. shall be submitted to the Director of Public Works. 8. A final grading, drainage, and utility plan must be approved by the Director of Public Works. Such plan shall include the following erosion control measures: a. The street should be installed first to act as a division and protect the lower slopes from runoff generated on upper slopes. b. A buffer zone should be maintained for as long as possible between the "preserved _ area" and the area being graded. c. The straw mulch applied should be clean and applied at the rate of 3,000 to 4,000 lbs./acre. The mulch must be anchored in some way. d. Overland flows on vegetated areas should not exceed 4.5 fps for a 10 year, 24 hour storm. - 9.: Refer to staff the Council's concerns regarding elevation of Building No. 2; 10. Require a 6 foot privacy fencealong the entire north line of property. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmen Anderson, Bastian, and Nelson. Nays - Councilperson Juker. Mayor Greavu recessed the meeting at 9:57 P.M. to convene as the Board of Adjustments and Appeals. P".ayor Greavu reconvened the meeting at 10:06 P.M. - 4. Lot Division - Desoto Street - DuFresne Councilman Anderson moved. to approve the lotdivision requested by Richard J. DuFresne to create 3 single family residential lots on Desoto Street (lot 1, 26,500 square feet; Lot 2, 66,275 square feet; Lot 3, 17,750 square feet) subject to the following conditions: - 8 - 7/Z 1. A legal description being submitted for each lot as a whole, rather than the sum of smaller parcels. The boundaries of the smaller parcels are to be eliminated where possible, from the county's property line map. 2. Final grading and utility plan s. are to be approved by the City Engineer. 3. Payment of cash connection charges for sewer and water service. 4. A permanent driveway/utility easement shall be recorded to run with lot 2, two for lot 3, if lot 2 is not accessed directly from Desoto Street. 5. Prior to issuance of building permits for these lots, the Public Safety Director shall approve of the placement and size of property addresses. Seconded by Councilperson Juker. Ayes - all. G. AWARD OF BIDS (continued) 3. S ale of Used Cars a. Mayor Greavu introduced the following resolution and moved its adoption: 81 - 7 - 135 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bids of DonFolske and Dyke's Auto Salvage in the amounts of $1005.50 and $852.10 is the highest responsible bid for the purchase of the two canine 1978 Pontiacs 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 - all. H. UNFSNISHED BUSINESS L Bingo Ordinance a. Mayor Greavu introduced the following ordinanceand moved its adoption: ORDINANCE N0. 504 AN ORDINANCE AMENDING SECTION 802.020 OF THE MAPLEWOOD CODE RELATING TO BINGO THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 802.020 (a) is hereby amended to read as follows: 802.020. LOCATION OF GAME. (a) The game of Bingo may be played only in the association's hall or where regular meetings of the association are held. No such association shall rent, lease, or occupy directly or indirectly, any other property for the purpose of conducting such game or games, other than at the regular meeting place of the association. No such association shall be granted a permit to play more than four dates per week nor shall any permits be granted to more than one organization at the same location. The Council may, by special permission, authorize Bingo away from the usual meeting place of the licensee organization during one week in any calendar year. _ 9 _ 7/2 Section 2. This Ordinance shall take effect and be in force from and after its passage and publication. Seconded by Councilman Bastian. Ayes - all. 2. Beam Avenue Sewer ao Acting Manager Haider stated he had met with Mr. and Mrs. Vars regarding their concerns about the Beam Avenue sanitary sewer. It was decidedthat the sanitary sewer in question should be terminated east of their property. A letter to that - effect was requested from the Vars and it is submitted. b. Mr. Voya Pilletich, developer of the property on BeamAvenue, expressed his concerns regarding the sanitary sewer line location. Councilman Bastian moved to waive the Rules of Procedures and extend the meeting past the 10:30 P.M, deadline. Seconded by Councilman Anderson. Ayes - a11. c. Mrs. MarilynVars,_ 1140 BeamAvenue~exp3ainedher request. -.d.-. Councilman Andersonintroduced the following resolution and moved its adoption: 81 - 7 - 136 WHEREAS, it is deemed necessary, expedient, and-proper to provide maximum benefit and minimum distress to residents being served by the sanitary sewer integral to Improvement Project 78-24, Beam Avenue - West of T.H. 61; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that said sanitary sewer constructed under Improvement Project 78-24 be termin- ated 40 feet east of the west 400 feet of Lot 104, Gardena Addition, (1140 Beam Ave- nue). Seconded by Councilman Nelson. Ayes - a11. 3. Rezoning - White Bear Avenue - Bobeldyk Previously heard June 18, 1981. 4. Rezoning - Southlawn Drive - Schreier Previously heard June 18, 1981. I. VISITOR PRESENTATIONS None. - J. NEW BUSINESS 1. Jake Langer:Parking on English Street _ a. Acting Manager Haider presented the staff report. b. Councilman Bastian introduced the following resolution and moved its adoption: - 10 - 7/2 81-7-137 WHEREAS, it is deemed necessary, expedient, and proper that the Citycontrol on-street vehicle parking for purposes of general safety; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that a no parking zone be established in front of Truck Utilities, 2370 English Street, to be centered on this property, to extend 150 feet, and"to be inforcefrom 6:00 A.M. to 8:30 A.M. Seconded by Councilman Anderson. Ayes - a11. 2. Hillwood Drive - Dorland Road - Request Feasibility Study a. Acting Manager Haiderprese~teda letter from the Castle Design and Development Co., Inc., requesting that the Council order the above referenced improvement. A public hearing, for this improvement, was previously held on April 17, 1980 and the City Council did, at that time, order the improvements. The developer did not - provide the financial guarantees, subsequently, the final plans were never prepared and the project never undertaken. The initial ordering of the improvement expired on April 17, 1981, therefore, a new public hearing must be held. We herewith recommend that the City Council order the feasibility study and that all costs associated with the updating and preparation of the study be financially guaranteed by Castle Design and Development Co., Inc. b. Mayor Greavu introduced the following. resolution and moved its adoption: 81 - Z - 138 WHEREAS, a certain developer (Castle Design and Development Company, Inc.) has requested the re-ordering of Hillwood Drive-Dorland Road Street and Utility Improve- ment (Improvement Project,78-10); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA, AS FOLLOWS: The City Engineer is hereby directed to prepare an up-dated feasibility study of Improvement Project 78-10, provided the developer guarantees all costs associated with the up-dating and preparation of this study. Seconded by Councilman Bastian. Ayes - all. 3. Special Exception: Pizza Time Theatre - Maplewood Ma11 a. Acting Manager Haider presented the staff report with the recommendation to approve the special exception for the Pizza Time Theatre, since the use is a family oriented facility and it does not appear that it would be objectionable to adjacent business. Approval is subject to: 1. Any exterior signage shall be approved by the Community Design Review Board. 2. The applicant shall provide written approval from Homart Development. 3. A11 required licenses for operation shall be obtained from the City. 4. This permit may be renewed after one year of operationprovided there have been no problems caused by the facility. - 11 - 7/2 b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved that the Planning Commission recommend to the City Council - - approval of a special exception for the Pizza Time Theatre, since the use is a family oriented facility and does not appear that it would be objectionable to adjacent business. Approval is subject to: 1. Any exterior signage shall be approved by the Community Design Review Board. 2. The applicant shall provide written approval from Homart Development Corp. 3o A11 required licenses for operation shall be obtained from the City. 4. This permit may be renewed after one year of operation providing there have been no problems caused by the facility. Commissioner Fischer seconded. Ayes - a11. Mayor Greavu moved to extend the meeting past 11:30 P.M. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilmen Anderson and Nelson, Councilperson Juker. Nays - Councilman Bastian. c. Representative of Chuck E. Cheese's Pizza Time Theatre presented theirproposal and a film showing their business. d. Councilman Anderson moved to approve the request for a special exception to operate a sit down family restaurant and entertainment center to be known as "Chuck E. Cheese's Pizza Time Theatre" in the Maplewood Mall (formerly Powers Budget Store) subject to the conditions listed in the staff and planning commission report. Seconded by Councilman Bastian. Ayes - a11. 4. Southlawn Drive - Contract Amendment a. Acting Manager Haider presented information concerning additional work proposed for the Southlawn Drive Project No. 79-15. The nature of the requested changes are as follows: 1. Addition of sanitary sewer from Radatz Avenue to 233 feet north with four sanitary sewer service stubs. This extension is requested to provide sanitary service to future lot splits for parcel 440-50 situated on the north side of Southlawn - Drive. The estimated construction cost for the extension is $12,279.00. 2, Addition of two sanitary sewer services south of Radatz Avenue to Parcel 040- 82. The services would be connected to inplace wye branches on the main line and extend to the property line. The estimated construction cost is $3,450.00. 3, Addition of watermain service stubs to provide water service availability to several parcels along Southlawn Drive not. presently served.. Deepening of 5 inplace water services discovered to have inadequate depth. The estimated construction cost, not including the St. Paul Water Department charge is $6,110.00. 4-. Change-in street secfion to add 1/2"; of wearing surface in rlieu of deleting 'I/2" of base material. This will,providd fora more workable and desirable surface wearing mixture. The estimated construction cost is $1,102.20. We herewith recommend that the City Council approve the requested change in contract as delineated under Contract Amendment No. 1. This will result in a net increase to the original contract amount of $22,941.20. - 12 - 7/2 b. Counclperson Juker introduced the following resolution and moved its adoption: 81-7-139 WHEREAS, the City Council of Maplewoodhas heretofore ordered madeImprovement Project No. 79-15 and has let aconstruction contract therefore pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project No. 79-15, Contract Amendment No. L; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor-and City Clerk are hereby authorized and directed to modify the existing contract by executing said Contract Amendment No. 1. Seconded by Councilman Anderson. Ayes.- Mayor Greavu, Councilperson Juker, Councilmen Anderson and Nelson. Nays - Councilman Bastian. K. COUNCIL PRESENTATIONS 1. Identification on "On Route" Firemen a. Councilman Nelson questioned if there couldn't be some means that volunteer fire- men could be identified when they are "on route" to a fire. b. Fireman usually put there lights on when going to a fire and they have stickers on their private cars. c. Referred to Manager 2. Criminal Justice Advisory Board a. Councilman Anderson read the following statement: Action taken by the state legislature this past session dramatically decreases the revenues available to local governmental units to fund necessary programs and services. Because of decreased funds from the state, local units are faced with financing local services with fewer dollars. While everyone is understandably reluctant to accept the alternative of raising local property taxes to make up for lost state revenues, city and county elected officials are faced wtih the position of having to cut sig- nificant portions of programs to balance local budgets. Largely because of this legislative action, Ramsey County is striving to develop a budget for 1982 that will levy no more than 95% of the 1981 tax levy. This represents major cuts in the corrections area, which is faced with as much as 25% inflationary cost increases for basic items necessary to maintain services at the current Level. At a time when citizens are demanding more public protection and attention to crime as a critical social issue, the financial realities require that the County consider cutting diversion programs for adults and juveniles, reducingexpenditures for treat- ment of offenders in the community, and cutting back on the level of service available to offenders. It is difficult to believe-that the legislature realistically understood the effects their actions would have on the financial situation of local governmental units." - 13 - 7/2 b. Staff to send letter to legislative representatives indicating Council's concerns with the proposed budget cuts, 3. Book Presentation ' - a. Councilman Bastian presented the "Light Rail Transit" Study. b. No Action taken 4. Trash a. Mayor Greavu commented on trash on City and County Property. b. No action .taken. L. ADMINI5TRATIVEPRESENTATIONS None M. ADJOURNMENT 11:45 P.M. ~7 ~ L-C. City Clerk - 14 - 7~2