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HomeMy WebLinkAbout11.26.84Minutes of Maplewood City Council 7:00 P.M., Monday, November 26, 1984 Council Chambers, Municipal Building Meeting No. 84 -25 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 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 84 -22 (October 10, 1984) Councilmember Anderson moved to approve the Minutes of Meeting No. 84 -22 (October 10, 1984) as submitted. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. St. Paul Dispatch Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Mayor Greavu moved, seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda Items 1 through 5 as recommended: 1. Accounts Payable Approved the accounts ( Part I, Fees, Services, Expenses, Check Register dated November 14, 1984 through November 16, 1984 - $365,317.27: Part II, Payroll - Payroll dated November 16, 1984 - $61,147.23) in the amount of $426,464.50. 2. Conditional Use Permit Renewal Gladstone Community Center Resolution No. 84 -11 -179 WHEREAS, Independent School District #622 initiated a conditional use permit to operate a community center at the following described property: Gladstone Addition, lots 19 and 20, block 16; Gladstone Addition, block 17; Gladstone Plat No. 2, vacant alley adjoining and lots 1 through 6, block 20; 11/26 Gladstone Plat No. 2, in the Village of Maplewood revised description number 181, a specific part of NW 1/4 of Section 15, Township 29, Range 22 and lots 11 through 25, block 21; Gladstone Plat No. 2, lots 26, 27 and 28, block 21; and Gladstone Plat No. 2, E 112 of vacant alley adjoining and following lots 29 and 30, block 21. This property is also known as 1945 Manton Street, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1.. This conditional use permit was approved by Council on November 1, 1979 pursuant to the Maplewood Code of Ordinances, subject to the following conditons: a. Council may review any future proposed type of use, not presently in the Gladstone Community Center, excepting those classes and programs conducted by School District #622 or other public parochial, or private school. b. Council may review tenant uses every five years to assure continued general compatibility with the neighborhood. c. All building and fire code regulations must be met and certificate of occupancy issued for each use. d. Owner and applicant agree to the above conditons in writing. 2. The Maplewood City Council considered the renewal of this conditional use permit on November 26, 1984. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public helath, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, blare, smoke, dust, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. - 2 - 11/26 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. There have not been any complaints received regarding this use. 12. All building and fire code requirements are being met. Approval is subject to the following conditions: 1. Council may review any future use, not presently in the Gladstone Community Center, excepting those classes and programs conducted by School District #622 or other public, parochial or private schools. 2. All building and fire code regulations must be met and a certificate of occupancy must be issued for each new use. 3. Liquor License - Change of Management: Chuck E. Cheese Approved the change of management and issue the Chuck E. Cheese Wine and Beer License in the name of John David Tidd. 4. Transfer to Close Workers' Compensation Reserve Fund Approved a transfer of $4,359.59 from the Payroll Benefit Fund to Workers' Compensation Reserve Fund to close the latter fund. 5. Destruction of Records Resolution No. 84 -11 -180 WHEREAS, M.S.A. 475.553 provides for the destruction of cancelled bonds and coupons. WHEREAS, a request for destruction of cancelled bonds and coupons dated over six years has been presented to Council in writing; NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk is hereby authorized and directed to destroy the cancelled bonds and coupons. F. PUBLIC HEARINGS 1. 7:10 P.M. Beaver Lake Drainage,. a. Mayor Greavu convened the meeting for a public hearing regarding the proposed storm drainage and sanitary sewer system for the Beaver Lake area. b. Assistant City Engineer Charles Ahl presented the staff report and explained the specifics of the proposal. c. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: - 3 - 11/26 Francis Dreawves, 1060 Lakewood Drive; Richard Emlon, Bulk Service, Inc. 1300 No. McKnight; Richard Pearson, owner Rolling Hills Mobile Home Park; Roland Vogel, 987 Bartelmy Lane; Gerald Johnson, 2665 E. Mayrland; Roland Vogel, 2674 E. Maryland; Ernest Dreawves, 1070 Lakewood; Harry Zacho, White Bear Lake, Mn.; Ken Gervais, Castle Design; William Lorenz, 2659 Stillwater. d. Mayor Greavu closed the public hearing. e. Councilmember Bastian moved to table this item until March, 1985 for further investigation. Seconded by Councilmember Anderson. Ayes - all. 2. 7:00 P.M. Small Kennel Permit - 1231 E. Shryer a. Mayor Greavu convened the meeting for a public hearing regarding the request of Marion F. Newbauer, 1231 E. Shryer, for a small kennel license to house 3 dogs. b. Manager Evans presented the staff report. c. Mr. and Mrs. Newbauer, 1231 E. Shryer, the applicants, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. and Mrs. Charles Hinsel, 1212 E. Shryer, stated the problems that the present kennel has caused. f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved to table until the meeting of December 10, 198k and refer the Hirsch's complaints to the Public Safety, Health and Building departments. Seconded by Councilmember Maida. Ayes - all. 3. 7:20 P.M., IDR - Mogren (2960 Associates Project) a. Mayor Greavu convened the meeting for a public hearing regarding the request of 2960 Associates Project for a $1,200,000 Commercial Development Revenue Note of 1984 for the acquisition, construction and equipping of an approximately 15,000 square foot office building to -be located on White Bear Avenue north of Maplewood East Shopping Center. b. Manager Evans presented the staff report. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. - 4 - 11/26 f. Councilmember Anderson introduced the followinq resolution and moved its adoption: 84 - 11 - 181 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necissitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of govern- mental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Maplewood (the "City ") has received from 2960 Associates, a general partnership to be organized under the laws of the State of Minnesota with Gerald C. Mogren, Robert C. Mogren and Lee Clintsman as general partners and others to be named (the "Company ") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and em- ployment opportunities required by the population; and the Project will assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) The Company is currently engaged in the business of real estate development. The Project to be financed by the Revenue Bonds is an approximately 15,000 square foot office building to be located on the East side of White Bear Avenue between Lydia Avenue and Beam Avenue directly North of the Maplewood East Shopping Center in Maplewood, Minnesota to be leased to Edina Realty and consists of the acquisition of land the construction of buildings and improvements thereon and the installation of equipment therein to be initially owned and operated by the Company, and will result in the employment of additional persons to work within the new facilities; - 5 - 11/26 (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing,,and its resulting low borrow- ing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on November 8, 1984, a public hearing on the Project was held on November 26, 1984, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acquisition, construction and equipping of an approximately 15,000 square foot office building to be located on the East side of White Bear Avenue between Lydia AVenue and Beam Avenue directly north of the Maplewood East Shopping Center in Maplewood, Minnesota, to be leased to Edina Realty pursuant to Company's specifications suitable for the operations described above to be initially owned and operated by the Company and pursuant to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the maximum aggregate principal amount of $1,200,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Co- mpany therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project consitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the Project would not be undertaken but for the availability of industrial bond financing; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; - 6 - 11/26 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Energy and Economic Development Authority or such other state officer having authority to grant approval (the "Authority "), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project. 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Authority requesting its approval, and other officers, employees and agents of the City are hereby authoirzed to provide the Authority with such preliminary information as it may require; 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Pro- ject is carried to completion and whether or not approved by the Authority will be paid by Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and prodeeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Authority the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City; 9. If construction of the.;Project is not started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein granted is withdrawn. Adopted by the City Council of the City of Maplewood, Minnesota, this 26th day of November, 1984. /s/ John C. Greavu - 7 - 11/26 Attest: /s/ Lucille E. Aurelius city clerk Seconded by Councilmember Bastian. Ayes - all. 4. 7:30 P.M., Variance - Clarence Street a. Mayor Greavu convened the meeting for a public hearing regarding the request of Rosendo Elizondo, 1700 Clarence for a lot width variance to create an 85 foot wide corner lot. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the Planning Commission report. d. Mrs. Elizondo, the applicant, spoke on behalf of the request. e. Mayor Greavu called for proponents. The following were heard: Mr. Don Misgen, 1367 Price. f. Mayor Greavu called for opponents. The following were heard: Mr. C. Robert Brost, attorney representing Gordon Berres, 1381 Sophia. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 84 - 11 - 182 WHEREAS, Rosendo Elizondo applied for a variance for the following- described property: The South 133 feet of the North 163 feet of the West 193 feet of the N 112 of the SE 1/4 of the SW 112 of the SW 1/4 of Section 15, Township 29, Range 22, Ramsey County This property is also known as 1700 Clarence Street, Maplewood; WHEREAS, Section 30 -8 of the Maplewood Code or Ordinances requires single - dwelling corner lots to be at least 100 feet wide; WHEREAS, the applicant is proposing 84.81 feet of width, requiring a variance of 15.91 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on September 28, 1984. 2. This variance was.reveiwed by the Maplewood Planning Commission on November 5, 1984. The Planning Commission recommended to the City Council that said variance be approved. - 8 - 11/26 3. The Maplewood City Council held a public hearing on November 26, 1984 to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described variance be approved on the basis of the following findings of fact: 1. Strict enforcement of the zoning code would cause an undue hardship unique to this property because: a. The proposed corner lot is similar in width to the majority of developed corner properties in this vicinity. b. The essential character of the locality would be enhanced because the sub- standard front yard setback of the garage would be eliminated. c. This is the only remaining lot in this area that is large enough to be con - sidered for subdivision. 2. The spirit and intent of zoning and subdivision codes would be met because: a. Approval of this request would not resolt in a sight- triangle distance pro- blem at the intersection of Sophia Avenue and Clarence Street. b. The proposed corner lot would have adequate yard area. 3. Council has recently approved similar corner lot variance requests. Seconded by Councilmember Maida. Ayes - all. 5. 7:40 P.M. Street Vacation: Gervais Court a. Mayor Greavu convened the meeting for a public hearing regarding the proposed vacation of a portion of the Gervais Court right of way east of White Bear Avenue. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the Planning Commission report. 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. Councilmember Maida introduced the following resolution and moved its adoption: 84 - 11 - 183 WHEREAS, the City of Maplewood's director of public works has initiated these proceedings to vacate the public interest in the following described public right of way: - 9 - 11/26 That part of the south half of the Gervais Avenue right of way in the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 10, Township 29, Range 22 lying east of the northerly extension of the west line of the east half of Lot 16, E.G. Roger's Garden Lots and 35 feet southeasterly of the center line of Gervais Avenue, said center line being described as follows: Commencing at the southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West of the 4th Principal Meridian; thence on an assumed bearing of North 89 degrees 19 minutes 35 seconds West, along the south line of said Northeast Quarter, a distance of 423.32 feet, to the beginning of the center line to be described; thence South 89 degrees 19 minutes 35 seconds East a distance of 100.00 feet; thence easterly and northeasterly, a distance of 493.48 feet along a tangential curve concave to the northwest having a radius of 649.88 feet and a central angle of 43 degrees 30 minutes 25 seconds; thence North 47 degrees 10 minutes 00 seconds East, tangent to said curve, a distance of 562.46 feet and said center lien there terminating. WHEREAS, the procedural history of the vacation application is as follows: 1. That the application for vacation was initiated by the Director of Public Works on the 12th day of October, 1984; 2. That said vacation has been referred to and reviewed by the Maplewood Planning Commission on the 5th day of November, 1984 and referred back to the Maplewood City Council with the recommendation of approval; 3. That pursuant to the provisions of Minnesota Statutes, Section 412.851 a public hearing was held on the 26th day of November, 1984 preceded by two weeks published and posted notice at which meeting the City Council heard all who expressed a desire to be heard on the matter, considered the Planning Commission recommendation and staff reports thereon. WHEREAS, that within that portion of Gervais Avenue hereinbefore described and proposed for vacation, there presently exists certain public utilities such as, but not limited to, sanitary sewer, water, storm sewer, gas and telephone; WHEREAS, it si the express intention of the City to provide direct access from the hereinafter described real property to Gervais Avenue in a direct, reasonable and safe manner; WHEREAS, the City proposes to reserve unto itself a utility easement over, under, across and through the hereinbefore described portion of Gervais Avenue for the installation, construction and maintenance of said underground utilities; and WHEREAS, upon vacation of the public easement for street and road right of way to the hereinbefore described property will accrue to the east one -half of the north one -half of Lot 16, E.G. Rogers' Garden Lots lying north of the north right of way line of State Highway Number 36, being also known and numbered as 1771 East Highway 36, Maplewood, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council finds that it is in the public interest to grant the above described vacation, on the basis of the following findings of fact: 1. The rights of way for street and road right of way purposes are in excess of public need. 2. That it is in the public interest to return to private ownership lands in excess of public needs. - 10 - 11/26 3. That it is in the public interest to return as much real property in the City, County and State to the tax rolls as is feasible. BE IT FURTHER RESOLVED that the City Clerk be, and hereby is, directed to prepare a Notice of Completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 and shall cause the same to be presented to the County Auditor for entry in the County Transfer Records and that the same shall be there- after filed with the Ramsey County Recorder, subject to the retention of: A permanent public easement for underground utilities over, under, through and across the entire right of way to be vacated. Seconded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS 1. Maplewood In Motion a. Manager Evans presented the staff report. b. Mayor Greavu moved to award the contract to Sexton Printi $7,294.55 for four complete issues ot the ap ewoo in o ion Seconded by Councilmember Maida. Ayes - all. H. UNFINISHED BUSINESS 1. Frost Avenue Improvements in the amount of a. Assistant City Engineer Chuck Ahl presented the specifics of the proposal to improve Frost Avenue from Birmingham Street to Adele Street. b. Councilmember Anderson introduced the following resolution and moved its adoption: 84 - 11 - 184 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Frost Avenue be- tween Birmingham Street and Adele Street by construction of storm sewer ponding, piping and necessary appurtenances, concrete curb and gutter and concrete sidewalk; and WHEREAS, the said City Engineer has prepared the aforesaid report for the im- provement 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 Frost Avenue by construction of storm sewers, concrete curb and gutter and concrete sidewalks 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 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 $1,440,300.00. 11 - 11/26 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Monday, the 14th day of January, 1985, at 7:30 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. NOTICE OF HEARING OF 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: January 14, 1985 TIME: 7:30 P.M. LOCATION: City Hall Council Chambers 1380 Frost Avenue Maplewood, Minnesota 55109 The general nature of the improvement is the construction of street and storm sewer improvements in the following described areas: along Frost Avenue between Adele Street on the west and Birmingham Street on the east and south of the former Soo Line Railroad to a southern boundary of Fenton Avenue, Frisbie Avenue and Summer Avenue. The total estimated cost of said improvement is $1,440,300.00. 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 Frost Avenue Improve- ment should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers An- derson, Maida and Wasiluk. Nays - Councilmember Bastian. 2. Building Permit Ordinance a. Manager Evans presented the staff report. b. Commissioner Lorraine Fischer presented the HRA recommendation. c. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 574 AN ORDINANCE EXEMPTING NONSTRUCTURAL CONSTRUCTION WORK - 12 - 11/26 THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 9 -24 is hereby amended as follows: Section 9 -24. Permits, inspections and fees The issuance of permits and conduction of inspections pursuant to this article shall be as provided for in Chapter 3 of the Uniform Building Code, except that a building permit shall not be required for nonstructural, residential maintenance items such as the same size replacement of doors, windows, the first or second layer of shingles, trim or siding. Any fee or charge required to be paid to the City under the City Building Code shall be imposed, set, established and fixed by the City Council by resolution or as outlined in Section 304 (amended) UBC Table 3a. The Building Official shall establish a system for the issuance of required permits in accordance with the Building Code and Chapter 3. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS None. J. VISITOR PRESENTATIONS 1. Mr. Richard Ernst a. Mr. Richard Ernst, Century East, requested condition 18 of the Community Design Review Board report which requires a right turn only lane onto Century be deleted. b. Mayor Greavu moved to delete the condition for right t to report back in six months. Seconded by Councilmember Maida. Ayes - all. 2. Mr. Larry Benson, 1800 City Heights Drive only lane and staff a. Mr. Benson stated his neighbor had constructed a fence with the bad side facing his property. He also asked several questions regarding the placement of a fence. b. Staff will investigate. K. COUNCIL PRESENTATIONS 1. St. Paul Dispatch a. Mayor Greavu stated that at several corners where the papers are dropped and sorted, the newsboys are leaving the wrappers, wires, string, etc. at the site. b. Staff will contact the paper. ADMINISTRATIVE PRESENTATIONS None. - 13 - 11/26 M ADJOUNRMENT i 9:46 P.M. - 14 - 11/26 /_