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HomeMy WebLinkAbout08.06.81 MINUTES~OF MAPLEWOOD CITY COUNCIL 7:00 P.M. Thursday, August 6, 1981 Council Chambers, Municipal Building Meeting No. 81-18a A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and waa called to order at 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present RESOLUTION a. Mayor Greavu stated the City Attorney has prepared a resolution indicating Maplewood's objection to a sanitary landfill or a demolition landfill being located on the Ramsey County workhouse site in Maplewood. b. Mr. Gary Grant, 427 O'Day Circle, representing Marvin Grant and the area residents, spoke in support of the resolution. Mr. Mark Frich, 21 Ferndale Avenue, also-supported theresolution. c. Councilman Anderson introduced the following resolution and moved its adoption: 81-8-162 WHEREAS, the Director of the MPCA is conducting a hearing concerning the use of the Ramsey County Workhouse site as a sanitary landfill or a demolitions landfill; and WHEREAS, said site lies in Ramsey County and is within 270 feet of dwellings, as well as proximity to church and office buildings, and is within 50 feet of the Ramsey County Workhouse which houses an average population of 175 persons; and WHEREAS, report 3 of the County site inventory indicates that the cost of de- velopment for this site in 1981 dollars is in an amount estimated to be $6,300,000.00 if a synthetic liner is used or $8 million if a clay liner is used and that upon the expenditure of that money, the site would be usable for a period of only four years or a cost of approximately $2 million per year; and WHEREAS, the site is within a very short distance of a Ramsey County Park and - Open Space and traffic to said site would be over a highway which runs through a residential district, particularly residential in Woodbury across Century Avenue; and WHEREAS, said site is occupied by Ramsey County as an underlying title as in- dicated in said Report 3 which would make the land open space park land upon cessation of use by the County as a Workhouse site; - 1 - 8/6 IT IS HEREBY RESOLVED that the Mayor and Council of the City of Maplewood, on behalf of the City and its residents strongly rejects the utilization of this site or the selection of the site as a potential landfill area on the grounds that it substantially interferes with the healthand welfare of the citizensof Maplewood, as well as the residents of the Ramsey County Workhouse; IT IS FURTHER RESOLVED that the selection of the site will have an adverse effect upon the market value of the properties currently developed as residential in both Maplewood and Woodbury; and BE IT RESOLVED that the Mayor and Council of the City of Maplewood request the Hearing Examinermade findings that there are good and substantial reasons why the MP CA Director would not issue a permit for the operation of the Sanitary Landfill at the proposed site. BE IT FURTHER RESOLVED that the Mayor and Council of the City of Maplewood deem that it is in the best interest of the taxpayers ofRamsey County that this site be negated and ruled out at the. earliest possible point so as to prevent the further expenditure of monies for ultimately futile engineering, environmental and economic studies pertaining to the possible development of this site. Seconded by Councilman Bastian. Ayes - all. C. APPROVAL OF MINUTES 1. Minutes No. 81-18 (May 21, 1981). Councilman Anderson moved to approve the Minutes of Meeting No. 81-10 (May. 21, 1981) as submitted. Seconded by Councilman Bastian. Ayes - a11. D. APPROVAL OF AGENDA - Mayor Greavu moved to approve the agenda as amended: 1. Address Change 2. Precedent and staff recommendations 3. Zoning 4. Cable TV 5. Special Use Permit 6. Minnesota League of Cities 7. Staff justification 8. Oil Leak 9. "Bone to Pick" 10. Sale of Cars - 1975 Buicks Seconded by Councilman Bastian. Ayes - all. E. CONSENT AGENDA Council removed E3 and 6 from the Consent Agenda to become J-9 and 10. Mayor Greavu moved, seconded by Councilperson Juker, Ayes a11, to approve the Consent Agenda as recommended. _ 2 - 8/6 1. <:Accounts Payable Approved theaccounts (Part I, Fees, Services, Expenses, Check No. 006043 through Check No. 006121 - $194,567.39; Gheck No. 010546 through Check No. 010773 - $180,904.13; Part II, Payroll Check No. 02151 through Check No. 02284 - $53,247.34; Check No. 02285 through check No. 02426 - $67,500.78) in the amount of $496,219.64... 2. Budget Transfer Authorized the$1000 paidby Bode11's Spirit Shop in lieu of forfeiture of Bond be placed in Police Equipment Capital Outlay account 101-121-4640 for purchase of body armor. 4, Time Extension: Preliminary Plat - Arlington Properties Approved the 90 day time extension for Beaver Lake Hillspreliminary plat subject to original conditions 5. Signal System - White Bear Avenue at County Road B and at Cope Avenue 81-8-163 WHEREAS, it is deemed necessary, expedient, and proper to control traffic in order to regulate its flow and maintain public safety; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Ramsey County signal system plans for the intersections. of White Bear _ Avenue at County Road B, and White Bear Avenue at Gope Avenue are hereby approved. 7. Budget Transfer: Emergency Repairs Authorized a budget transfer from Account Contingency 101-161-4110 to Account 101- 115-4730 for replacementof the third floor furnace airconditioning unit. E-A AWARDS AND APPOINTMENTS 1. Award to Officer Daniel Mettler by Westinghouse Security Systems a. Officer Daniel Mettler was awarded the Westinghouse Security Systems, Inc. award for outstanding and meritorious service to his community for the discovery, while off duty, of an abandoned stolen boat on May 29th, the diligent investigation of the case and apprehension of a suspect in its theft. 2. Appointment: Community Design Review Board a. Manager Evans presented the staff report. b. Mr. Thomas Deans, 1727 Atlantic, presented his reasons for serving on the Community Design Review Board. c. Councilman Bastian moved to appoint Mr. Thomas Deans to fill a vacant seat on the Community Design Review Board for the remain der. of a two year term ending January 1, 1983. Seconded by Councilperson Juker. Ayes - all. F. PUBLIC HEARINGS - 3 - 8/6 1. Special Use Permit: 2696 Hazelwood Avenue - Health Resources - 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Health Resources for a renewal of the special use permit to conduct community service programs and to expand the parking lot. b. Manager Evans presented the staff report. c. Mr. Gary French, Health Resources, spoke on behalf of their request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. MayorGreavu closed the public hearing. g. Councilman Nelson moved to renew the Special Use Permit for Health Resources, - Inc. to conduct community service programs in accordance with the staff recom- mendations and to approve the parking lotexpansion subject to providing 10 foot wide stalls. - Seconded by Councilman Anderson. Councilman Bastian moved that the renewal of the Special Use Permit be approved for one year. Seconded by Councilman Nelson. Ayes - all. Voting on original motion. Ayes - all. Mayor Greavu recessed the meeting at 7:29 P.M. to convene as the Maplewood Board of Appeals and Adjustments. Mayor Greavu reconvened the meeting at 7:39 P.M. 3. Alley Vacation - Anitzberger 7:15 P.M. a. Mayor Greavu convenedthe meetingfor a public hearing regarding the request of Ms. .Lorraine Anitzberger to vacate the alley in Block 1, Kavanagh and Dawson's Addition to Lakeside Park. The Clerk noted the dates of publication of the hearing notice. b. Manager Evans presented the staff report. c. Vice Chairman Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Whitcomb moved the Planning Commission recommendto the City Council that the alley right of way located within Block 1, Kavanagh and Dawsons Addition to Lakeside Park be vacated, subject to retention of a utility easement over the west 10 feet of the right of way. Approval is recommended on the basis that: 1. The alley does not, and is not, proposed to serve a public purpose other than as a corridor for overhead utilities. 2. The right of way is being used as a rear yard area by adjacent land owners. 3. It is in the public interest to vacate the subject alley right of way. - 4 - 8/6 Commissioner Howard seconded. Ayes -all. d. Mayor Greavu called for proponents. The following were heard: Mr. Mike Wasiluk, 1740 Frank Street Mr. George Ashton, 1732 Frank Street Mr. Jerome Kasmirski, 1725 Frank Street Mr. George Callan, 1160 Sophia Mr. Stan Saudey, 1742 Edward Street e. Mayor Greauu called for opponents. None were heard. f Mayor Greavu closed the public hearing. g. Councilman Anderson introduced the following resolution and moved its adoption: 81-8-164 WHEREAS, pursuant to the provisions of Minnesota Statutes, Secfion 412.851, thereof, the Maplewood City Council, upon petifion of a majority of the owners of the land abutting the alley proposed to be vacated, and after a public hearing preceded by two (2) weeks published and posted notice, proposes the vacation of the following described alley right of way, lying north of the north line of Lot 9; east of the west line of the south''/z of Lot 33; and south of both the westerly extension of the north line of Lot 21 and the easterly extension of the north line of Lot 22, Block 1 Kavanagh and Dawsons Addition to Lakeside Park, Section 16; Township 29, Range 22. WHEREAS, the following property is affected by the alley vacation: Lots 10-33, Block 1, Kavanagh and Dawsons Addition to Lakeside Park, Section 16, Township 29, Range 22; and 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, - Minnesota, that the above described alley be and hereby is vacated 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, subject to retention of a utility easement over the west 10 feet of the subject right of way. Seconded by Councilman Bastian. Ayes -all. - 5 - 8/6 Mayor Greavu recessed the meeting at 7:52 P.M. to.reconvene as the Maplewood Board of Appealsand Adjustments. Mayor Greavu reconvened the meeting-at 8:08 P.M. 5. PUD/Preliminary Plat: Acorn Greenhouses - Vote1 Realty 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Howard P. Christensen, 1530 No. McKnight Road for approval of a land subdiv- ision and specialuse permit for a planned unit development to construct 11 single dwellings, one double dwelling and seven quad buildings at 1530 No. McKnight Road. The Clerk noted the dates of publication of the hearing notices. b. Manager Evans presented the staff report. c. Vice Chairman Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Kishel moved the Planning Commission recommend to the City Council approval of the PUD and preliminary plat, including the lift .station proposal, with the following conditions: 1. Designate the common land around the quadsas outlot B. The quad association's by-laws and declaration must be approved by the City Attorney to assure maintenance of the property. 2. Designate the stub street south of Montana Avenue as Currie Street. 3. The 10 foot utility easements adjacent to the public rights of way serve no purpose and should be omitted. 4. An additional 16.5 feet of right of way for McKnight Road .should be provided in addition to that shown on the plat. 5. A blanket public easement over outlot B should be provided for utility and drainage installation and maintenance. 6. Approval of the final grading and drainage plans by the Director of Public Works. 7. Provision of a signed developer's agreement for the construction of proposed public improvements. 8. The developer and staff negotiate the lift station power costs. Commissioner Sletten seconded. Ayes 9, Abstained 1(Com. Prew)" d. Mr. Dick Nowlin, Votel Realty, representing Mr. Christensen, spoke on behalf of the proposal. Mr. Bruce Odlanz also spoke. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Mr. Marvin Mathews, 1592 Myrtle Street Mr. Ray Horwath, 1540 McKnight Road. - 6 - 8/6 f. Mayor Greavu closed the public hearing. g. Councilman Bastian moved to table this matter until August 12, 1981 at 7:00 P.M. at the Gladstone Fire Department.. Seconded by Mayor Greavu. Ayes - all. G. AWARD OF BIDS 1. Ripley Avenue Watermain Improvement a. Manager Evans presented the staff report. b. Councilman Bastian moved to table Item G-1 until the meeting of August 20, 1981. Seconded by Mayor Greavu. Ayes - a11. 2. Keller Parkway - Sanitary Sewer Improvement - a. Manager Evanspresented the staff report. b. Councilman Anderson moved to table ItemG-2 until the meeting of August 20, 1981. Seconded by Councilperson Juker. Ayes - a11. H. UNFINISHED BUSINESS 1. Preliminary Plat: Gonzalez Addition a. Manager Evans presented the staff report. b. Vice Chairman Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Sletten moved the Planning Commission recommend to the City Council approval of the Gonzalez Addition preliminary n1at, with the following conditions: 1. The holding pond to be as determined by the City Engineer. Lots 1 and 2 to be combined into one lot. 2. Payment of deferred assessments of $1312.50 for sanitary sewer and $630.15 for street improvements on County RoadC. 3. An erosion control and grading plan shall be prepared with the advice of the Soil Conservation Service, and submitted for Staff approval prior to final plat approval. Commissioner Howard seconded. Commissioner Fischer moved an amendment to strike the requirement for merging of lots 1 and 2 into one lot and leave them as two separate lots as originally submitted. Commissioner Pellish seconded. Ayes - 8, Nays 2 (Com. Howard and Whitcomb) Voting on the motion as amended: Ayes - 9, Nays 1 (Com. Howard)." - 7 - 8/6 c. Mr. Rudolpho Gonzalez, 2626 Keller Parkway, the applicant,spokeon behalf of his proposal. d. Mayor Greavu moved to approve the Gonzalez Addition preliminary plat subject to the following conditions: 1. Payment of deferred assessments of $1,312.50 for Sanitary Sewer and $630.15 for street improvement on County Road C; 2. An erosion control and grading plan shall be prepared with the advice of the Soil Conservation Service and submitted for staff approval prior to final plat approval. Seconded-by Councilman Anderson. Ayes - all. 2. Plan Amendment/Lot Division: Woodlyn Avenue (Nettleton) a.. Manager Evans presented the staff report. Manager Evans also read a letter from the City Attorney regarding payment of assessments on tax forfeited lands. b. Vice Chairman Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Prew moved the Planning Commission recommend approval of the Plan Amendment on the basis that: 1. Woodlyn Avenue is designated as a major collector street and has the capacity to handle the increased traffic; 2. Additional townhouses would be available to home buyers, increasing the variety of housing choices available; 3. .Properties to the north and west are planned for Medium Density Residential. Commissioner Whitcomb seconded. Ayes - a11." c. Mr. Mack Nettleton, the applicant, spoke on behalf of the Plan Amendment- and the lot division. d. Councilman Bastian introduced the following resolution and moved its adoption: 81-8- 165 WHEREAS, the MaplewoodCity -0ouncil and the Maplewood Planning Commission haveprepared and adopted a Comprehensive Community Plan in compliance with the requirements of Section 462.355 of the StatePlanning Enabling Legislation; and WHEREAS, said Section 462.355 provides for subsequent amendment of said Comprehensive Plan which reflect changed conditions; and - WHEREAS, the Maplewood Planning Commission has conducted the required public hearing and has given consideration to all evidence and testimony submitted at such hearing held on August 3, 1981 and has adopted said amendment and for- warded said amendment to the City Council for certification; and WHEREAS, the Maplewood City Council has reviewed said amendment; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby adopts and amends the Comprehensive Plan for Maplewood. g _ g/6 Seconded by Mayor Greavu. Ayes - a11. _ e. Councilman Bastian moved to approvethe lot division as requested by Mr. Nettleton. Seconded by Mayor Greavu. Ayes - Mayor Greavu,Councilman Bastian. Nays - Councilperson Juker, Councilmen Anderson & Nelson. Motion failed. 3. Billboard Ordinance a. Manager Evans presented the staff report. b. Following a lengthly discussion, Councilman Bastian moved to table this _ item until the August 20, 1981 council meeting. Seconded by Mayor Greavu. Ayes - a11. I. VISITORPRESENTATION 1. Mark Tuenge, Stillwater, Mn. a. Mr.Tuenge questioned why his liquor license application for the Chalet Lounge was not before the Council at this time. b. Staff stated all the necessary information was not submitted in time for this meeting. J. NEW BUSINESS 1. Special Exception: 1758 Clarence Street - Johnson Asphalt Business a. Manager Evans presented staff report with the following recommendation: Approval of a special exception permit to operate an asphalt business at 1758 Clarence Street, subject to: 1. Approval is granted for oneyear after which time, theapplicant may apply for renewal if the permit conditions have been complied with. _ 2. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in the operation of the office portion of the business. 3. On-site advertisement shall be limited to one sign, not exceeding two square feet in area, mounted flat against the wall of the dwelling. 4. Maintenance or repair of business vehicles and large machinery, other than a pick-up truck or step van, shall be prohibited on the premises. 5. Asphalt Service shall be the only business operated from this office, unless approved for an "off season" business is granted by the City Council. b. Vice Chairman Duane Prew presented the following Planning Commission recom- mendation: - 9 - 8/6 - "Commissioner Fischer moved the Planning Commission recommend the City Council approve the special exception permitat 1758 Clarence Street, to operate an asphalt business, subject to: 1. Approval is granted for one year, after which time, the applicant may apply for a renewal if the permit conditions have been complied with. 2. Not more than one person, other than members of the family residing on.. the premises, shall be allowed to engage in the operation of the office portion of the business. 3. On-site advertisement shall be limited to one sign, not exceeding two square feet in area, mounted flat against the wall of the dwelling. 4. Maintenance or repair of business vehicles and large machinery, other than a pick up truck or step van, shall be prohibited on the premises. 5. Asphalt Service shall be the only business operated from this office, unless approval for an "off season" business is granted by the City Council. Commissioner Prew seconded. Ayes all." c. Mr.Jack Johnson, 1758 Clarence Street, the applicant, spoke on behalf of his request. d. Councilman Bastian moved to approve the special exception-to operate an asphalt business at 1758 Clarence Street subject to the following conditions: 1. Approval is granted for one year, after which time, the applicant may apply for a xenewal if the permit conditions have been complied with. 2. Not more than one person, other than members of the family residing on the .premises, shall be allowed to engage in the operation of the office portion of the business. 3. On site advertisement shall be limited to one sign, not exceeding two square feet in area, mounted flat against the wall of the dwelling. 4. Maintenance, parking, or repair of business vehicles and large machinery, other than a pick up truck or step van, shall be prohibited on the premises. 5. Asphalt Service shall bethe only business operated from this office, unless approval for an "off season".business is granted by the City Council. 6. The special exception permit shall apply only to applicant(Mr. Johnson) at 1758 Clarence Street. (If he vacates the premises, the permit is void). Seconded by Councilperson Juker. Ayes - a11. 2. Special Exception: 1780 Ruth Street - Krueger a. Manager Evans presented the staff report. b. Vice Chairman Prew presented the following Planning Commission recommendation: "Commissioner Prew moved the Planning Commission recommend to the City Council - 10 8 i b approval of the special exception permit for a calligraphy business to be - operated as a homeoccupation at 1780 Ruth Street, subject to: 1. The permit being approved for one year, after which-time the applicant may apply for a renewal, provided the conditions of the permit have been met and no nuisances exist. 2. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in such operation. 3. Signage shall be limited to one sign, not to exceed two square feet in area, non-illuminated, and mounted flush against the dwelling. 4. No more than two customer vehicles shall be parked on the premises at a time. 5. A fire extinguisher(s) and smoke detector shall be provided. The location, type, and number shall be approved by the City.Fire Marshal. 6. The off-set duplicator shall be operated in conformance with the requirements of the Fire Code. 7. House number, location, and size shall be approved by the City Fire Marshal. Commissioner Sletten seconded. Ayes - all." c. Mr. Kevin Krueger, the applicant, spoke on behalf of the proposal. d. Councilperson Juker moved to approve the request of Kevin and Linda Krueger to operate a calligraphy business in their home at 1780 Ruth Street subject to the following conditions: 1. The permit being approved for one year, after which time the applicant may apply for a renewal, provided the conditions of the permit have been met and no nuisances exist. 2. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in such operation. 3. Signage shall be limited to one sign, not to exceed two square feet in area, non-illuminated, and mounted flush against the dwelling. 4. Afire extinguisher(s) and smoke detector shall be provided. The location, type and number shall be approved by the City Fire Marshal. 5. The off-set duplicator shall be operated in conformance with the requirements of the Fire Code. 6. House number, location, and size shall be approved by the City Fire Marshal. 7. The special exception permit shall apply only to the applicant (Kruegers) at 1780 Ruth Street. (If they vacate the premises, the permit is void.) Seconded by Councilman Nelson. Ayes - a11. 3. Plan Update Review - 11 - 8/6 a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 81-8- 166 WHEREAS,the Metropolitan Land Planning Act requires local governmental units to prepare comprehensive plans and submit them to the Metropolitan Council for review; and WHEREAS, the Metropolitan Council has requested additional information for the Plan Update; and WHEREAS, these additions were adopted by the City ofMaplewood Planning Commission on July 20, 1981, followinga public hearing with required legal notice; and WHEREAS, these additions were considered and accepted, but not adopted, by the City Council on August 6, 1981; NOW, THEREFORE, does the City Councilaccept and the Planning Commission adopt the following additions to the Comprehensive Plan Update: 1. Pages 41-53 of the Planning Inventory, prepared by Midwest Planning and Research. 2. .The information onwastewater flow projections in the June 29, 1981 memorandum from Edwin A. Smith of To1tz, King, Duvall, Anderson and Associates, Inc. 3. A number 6 is added to page 32 of the Sewer Plan as follows: "6. Require percolation tests and soil borings before issuing permits." 4. "The City will comply with Mn/DOT rules concerningobstructions to air navigation." 5. "The Maplewood Transportation Plan, done by Barton-Aschman in 1979, is adoptedas part of the Plan Update, except that the Plan Update shall apply wherever a conflict occurs between the two." In addition, the Director of Community Development is authorized and. directed to submit the comments in his memorandum of July 7, 1981 and the additions to the Plan Update to the Chairman of the Metropolitan Council for review under Section 473.175 of the Metropolitan Land Planning Act. Seconded by Councilman Bastian. Ayes - all. Councilman Bastian moved to suspend the Rules of Procedures and extend the meeting past the stated deadline. Seconded by Councilperson Juker. Ayes - all. 4. St. Paul Plan Review a. Manager Evans presented the staff report. b. Mayor Greavu moved that the comments stated in the staff report beforwarded - 12 - 8/6 to City of St. Paul and theMetropolitan Council. Seconded by Gouncilperson Juker. Ayes - all. 5. Hillwood Drive and Dorland Road Project No. 78-10 a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 81-8-167 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminaryplans for the improvement of Hillwood Drive from the Eastline o~f Crestwood Knolls Plat to McKnight RoadandDorland Road from Hillwood Drive to Linwood Avenue by construction of streets, watermain, sanitary sewer and appurtenances; and WHEREAS, the said City Engineer has prepared theaforesaid 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 CityE ngineer advising this Council that the proposed improvement on Hillwood Drive from the East line of Crestwood Knolls Plat to McKnightRoad and Dorland Road from Hillwood Drive to Linwood Avenueby construct- ion of streets, watermain,sanitary sewer and appurtenances is feasible and should best be made as proposed is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the. improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $1,293,295.00. 3. A public hearing will be held in the Council Chambers of the City Ha11 at 1380 Frost Avenue on Thursday, the 3rd day of September, 1981, at 7::00 P.M. to-consider said improvement. The notice for said public hearingshall be in substantially the following form: NOTICE OF HEARING OF PUBLICIMPROVEMENT 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: September 3, 1981, at 7:00 P.M. LOCATION: Council Chambers of the City Ha11, 1380 Frost Avenue. - 13 - 8/6 The general nature of the improvement is the construction of streets, water- main,.sanitary sewer, storm sewers and appurtenances in the following described area: Hillwood Drive from the East line of Crestwood Knolls Platto McKnight Road and Dorland Road from Hillwood Drive to Linwood Avenue. The total estimated cost of said improvement is $1,293,295.00. 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 6th day of August, 1981. BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk City of Maplewood, Minnesota. Seconded by Councilman Nelson. Ayes - a11. 6. Infiltration and Inflow Analysis Grant a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 81-8-168 WHEREAS, it is deemed necessary, expedient an d. p roper for the City to par- ticipatein a Sanitary Sewer Infiltration and InflowAnalysis Grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: that: 1. A Consultant Selection Committee shall be formed consisting of the Director of Public Works, the Finance Director, and the Public Works Coordinator, and the City Manager 2. A budget transfer of $9,500.00 from the Sewer Contingency Fund to fees for service in order to finance the City's portion of this project is hereby authorized. Seconded by Councilman Bastian. Ayes - a11. 7. True Value Hardware Storm Water a. Councilman Bastian moved to table this item until the meeting of August 20, 1981 - 14 - 8/6 Seconded by Mayor Greavu. Ayes - a11. 8. Industrial Revenue Note: J. Mont,Inc. (County Road B) a. Mayor Greavu introduced the following resolution and moved its adoption: 81-8-169 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT - PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING - THE PUBLICATION OF A NOTICE OF SAID HEARING - WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial DevelopmentAct (the "Act") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of econom- ically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Maplewood (the "City") has received from White Bear Avenue Associates, a general partnership organized under the laws of the State of Minnesota (the "Company") a proposal that the City assist in financing a project hereinafter described, through the issuance of its in- dustrial revenue bonds (which shall be in the form of a single debt instrument) (the "Bonds") pursuant to the Act; (c) Before proceeding with consideration of the request of theCompany it is necessary for the Gity to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, - Minnesota, as follows: 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in theNotice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. - 3. TheNotice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Securit- ies, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 5. The Gity Glerk is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper of general circulationavailable in the City, not less than 15 daysnor more than 30 days prior to the date fixed for said hearing, as shown in the notice - 15 - 8/6 of hearing attached. Adopted by the City Council of the City of Maplewood, this 6th day of August, 1981. NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minn- - esota, will meet at theGity Hallin the City of Maplewood, Minnesota at 7:15 o'clock p.m. on September 3, 1981, to consider the proposal of J-Mont, Inc.- that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. DESCRIPTION OF PROJECT (Including general location) Thepurchase ofland and the construction and equipping of a car and truck wash of a facility located within the City of Maplewood, Minnesota. The estimated principal amount of bonds or other obligations to be issued to finance this project is $982,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property. of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable fromsums to be paid by J-Mont, Inc. pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Securities and Real Estate, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning August 19, 1981, from 8:00 a.m. to 5:00 p.m., Monday through Friday, at the City Hall in Maplewood. At the time and place fixed for said Public Hearing, the City Council of - the City of Maplewood will give all persons who appear at thehearing an oppor- tunity to express their views with respect to the proposal. Dated this 6th day of August, 1981 (BY ORDER OF THE CITY COUNCIL) By Lucille E. Aurelius City Clerk Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilperson Juker, Councilmen Anderson and Nelson. - Nays - Councilman Bastian. 9. Time Extension: Preliminary Plat: Crestview Third Addition - 16 - 8/6 a. Mayor Greavu moved to approve a 90 day time extension for the Crestview Third Addition preliminary plat subject to the original conditions. Seconded by Councilman Bastian. Ayes - a11. 10. Southlawn Drive: Contract Amendment No. 1 a.. Councilperson Juker introduced the following resolution and moved its adoption: 81 - 8 - 170 WHEREAS, the City. Council of Maplewood, Minnesota, has heretofore ordered - made Improvement 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 contractbe modified and designated as Improvement Project No. 79-15, Contract Amendment #2; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that theMayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Contract Amendment #2 Seconded by Councilman Nelson. Ayes - a11. K. COUNCIL PRESENTATIONS 1. Address Change a. Councilperson Juker stated there has been a large addition to a house on the Northwest corner of Phalen Place and Ripley, It originally faced Ripley Street, but now faces Phalen Place. Address should: be changed. b. Staff will investigate. 2. Setting Precedent and Staff recommendations a. Councilperson Juker requestedthat"past precedents" in staff recommendations should be deleted and placed elsewhere in the report. b. No action taken. 3. Zoning a. Councilman Anderson stated his concerns about housing and zoning plans, but the City still cannot prohibit certain things from going in,such as pole barns, metal buildings, etc. He feels certain areas should be designated for particular things such as pole barns, metal buildings, etc. or on buildings that could be a fire hazard. b. Councilman Anderson moved to refer this matter to the Community Design _ Review Board and the Fire Marshal. Seconded by Councilman Bastian. Ayes - a11. 4. Cable TV a. Councilman Anderson suggested that Mrs. Diane Murdock be named as alternate - 17 - 8/6 - ~ to member Mr.James Rohricht on the Cable TV Committee. b. Manager Evans will notify Mrs. Murdock. 5. Special Use Permit a. CouncilmanAnderson stated when Council approved the construction of the building for Hejny at their White Bear Avenue property, he remembers the approval of the recent special use permit, but not the building. b. It was suggested Councilman Anderson listen to the tapes. 6. Minnesota League of Cities a. Councilman Anderson reported on the recent meeting of the Minnesota League of Cities and asked if Council wants copies of reports he receives. He is on several committees. b. Council stated not at this time. 7. Staff Justifications a. .Councilman Anderson stated when the Manager was hired, the Council was going to hold meetings with him and this has not been done. Also, he would like to know what City employees duties are and who they are. There are quite a few new employees. b. Staff will update the Council. 8. Oil Leak a. Councilman Bastian asked if the Staff iskeeping close contact with the oil leak near the Nature Center. b. Staff is keeping a close watch ;also,the PCA is working closely with the problem. - 9. "Boneto Pick" with Reporter - a. Mayor Greavu commented that in an article in the Review it stated the Mayor and Manager had the sole authority to defer assessments. This is not true. L. ADMINISTRATIVE PRESENTATIONS 1. Sale of Used Police Sedans a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: S1 - S - 171 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bids of A-1 Auto Parts in the amount of $1050.00 for each police sedan is the highest responsible bid for the. purchase of two (2) 1978 Buick LeSabre four door Police Sedans 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. - 18 - 8/6 Seconded Uy Councilman Nelson. Ayes - all. M. ADSOURNMENT 11:30 P.M. CityClerk _ 19 _ S/6