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HomeMy WebLinkAbout04.13.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 13, 1987 Council Chambers, Municipal Building Meeting No. 87-07 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 7:04 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Absent Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES Councilmember Wasiluk moved to approve the Minutes of Meeting No. 85-OS as sub- - mitted. Seconded by Councilmember Bastian. Ayes - all. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Castle Avenue Parking 2. Hazelwood Pond 3. Resource Recovery 4. Reconsideration of Arkwright Project Assessments 5. Extra Meeting, May 7 6. Pending Lawsuits 7. Request Citizens and Council Meeting 8. Delete Item I-1 9. Establish 2nd meeting date in May. Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Item E-8 to become Item I-15. Mayor Greavu moved, seconded bV Councilmember Bastian Ayes - all to approve the Consent Agenda, Items 1 through 7 as recommended: 1. Accounts Payable Approved the accounts - Part I (Fees, Services, Expenses check register dated April 2 and 3, 1987 - $525,234.35: Part II, Payroll dated March 20, 1987, gross amount $149,522.89; dated April 3, 1987 - $139,221.11) as submitted. 4/13 2. Selection of Insurance Agents The Ekblad, Pardee and Bewell Agency is designated as the only agent of record for the purposes of obtaining insurance proposals for City policies expiring July 1, 1987. 3. Policy Regarding Pay Period Changes Approved that the City provide two extra days of pay to police officers that are promoted above the rank of Sergeant to ease the change in pay periods. 4. 1987 Budget - Tax Increment Fund Established a 1987 Budget for the Development District No. 1 Tax Increment Fund consisting of the following amounts: $ 1,691,900 Beginning fund balance + 118,500 Estimated investment interest -1,615,370 Transfers out to construction projects $ 196,030 Ending fund balance 5. Revision of Personnel Policies Revise Section 7-6, Part A of the City Personnel Policies to conform with the provisions of all four union contracts and present policies. The re- vised provisions should be as follows: 7-6 VACATIONS A. Employees earn vacation at the following rate: One month to one year - Prorated Basis One through four years of service - 10 days Five through eleven years of service - 15 days Twelve through twenty years of service - 20 days After twenty .~=ears of service - 25 days Permanent Part-time Employees - Prorated Basis Vacation days earned shall be credited to employees bi-weekly. This error was discovered during contract negotiations with the new City Manager. 6. Approve Construction License with C.N.W. Railroad - Project 81-20 Resolution No. 87 - 4 - 55 WHEREAS, the Council has ordered made City Project 81-20 and McKnight Road reconstruction, and WHEREAS, the approved project plans call for construction of water main within the Chicago and Northwestern Transportation Company right-of-way, and - 2 - 4/13 WHEREAS, said company requires a construction agreement with all right-of-way users, NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the construction agreement with the Chicago and Northwestern Transportation Company is hereby approved for execution by the Mayor and City Clerk. 7. Final Plat Woodlynn Heights Townhomes No. 2 Approved the Woodlynn Heights Townhomes No. 2. 8. Manager's Contract Discussed as Item I-I5. F. PUBLIC HEARINGS 1. 7:10 P.M., Preliminary Plat Cave's Nebraska Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ed Cave and Sons, Inc., for preliminary plat approval to create 57 single dwelling lots and five outlots in two phases. b. Director of Community Development Geoff Olson presented the Staff report. c. Commissioner George Rossbach presented the Planning Commission report. d. Mr. Sam Cave, representing Ed Cave and Sons, Inc., the developer, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to approve Cave's Nebraska Addition preliminary plat (plan dated on pace 10), subject to the following conditions being met before final plat approval: 1. All necessary contracts must be executed by the County £or the construction of a trunk water main within McKnight Road before final plat application will be accepted for more than 28 lots. The remaining lots in Phase I may be final-platted after contracts are signed for the McKnight Road cosntruction. If water is not available in McKnight Road, proposed Phase II shall be platted as an outlot. A final plat for these lots can be applied for once the McKnight Road water main is functional. - 3 - 4/13 2. Outlot A shall be expanded to include the area agreed to between the City and developer for a park. Outlot A shall be dedicated to the City for drainage and park purposes. 3. The City will pay for the additional park land and the cost of paving the trails in the park from PAC funds. The developer shall provide the grading and subsurface materials for the trails. If the developer and Parks Director cannot agree on a price for the two lots, the developer shall pay for an appraisal, which shall determine the price of the lots. 4. The ponding easement may go outside Outlot A, provided that all lots have at least 10,000 square feet of area outside the ease- went. 5. A signed developer`s agreement, with required surety, shall be submitted for all required public improvements. This agreement shall include, but not be limited to: a. The construction of trails on Outlot A as required by the Director of Parks and Recreation. A grading plan shall be submitted for approval by the City Engineer and Director of Parks and Recreation. b. The provision of a water and sewer service in Currie Street for 1464 McKnight Road with Phase II. If the City collects a cash connection charge within five years, it will revert to the developer. 6. Submittal of final grading, drainage, erosion control and utility plans for approval by the City Engineer. Seconded by Councilmember Wasiluk. Ayes - all. 2. 7:10 P.M., McKnight Road (Beaver Lake to Larpenteur Avenue) Project 81-20 a. Mayor Greavu convened the meeting for a public hearing regarding the proposal for the first phase of the McKnight Road reconstruction from Beaver Lake to Larpenteur Avenue. b. Acting City engineer chuck Ahl presented the Staff report. c. A letter from Ed Cave and Sons, regarding storm water in the pond, was read. 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. - 4 - 4/13 g. Mayor Greavu introduced the following resolution and moved its adoption: 87-4-56 WHEREAS, after due notice of public hearing on the construction of McKnight Road from Beaver Lake to Larpenteur Avenue, City Project 81-20, a hearing on said improvement in accordance with the notice duly given was duly held on April 13, 1987, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maplewood construct McKnight Road from Beaver Lake to Lar- penteur Avenue, City Project 81-20 as described in the notice of hearing thereon, and orders the same to be made. 2. Plans and specifications prepared by Ramsey County Department of Public Works and the City Engineer and previously approved, a copy of which plans and specifications is attached hereto and made a part hereof, are hereby approved and shall be filed with the City Clerk. 3. The council shall approve the letting of the contract for all or a part of said improvement or order all or part of the work done by day labor or otherwise as authorized by Minnesota Statutes, Section 429.041, Subdivision 2, no later than December 31, 1988. Seconded by Councilmember Bastian. Ayes - all. 3. 7:20 P.M., Street Vacation Highway 61 Service Road a. Mayor Greavu convened the meeting for a public hearing regarding the request of Hess Kline to vacate a portion of the service road right-of-way on the east side of Highway 6 L b. Director of Community Development Olson presented the Staff report. _ c. Commissioner Rossbach presented the Planning Comission recommendation. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Pastor Gary Olson, Lakeview Lutheran Church Ms. Janice Hoppe, President Lakeview Lutheran Church Congregation. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved that if a driveway is not constructed within a time. period determined by the City Engineer, in no event earlier than Decem- ber 31, 1991, the easement may be vacated with notice to the City which may ap- prove the easement vacation. - 5 - 4/13 Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nay - Councilmember Juker h. Mayor Greavu intoduced the following resolution and moved its adoption: 87-4-57 WHEREAS, Hess &line initiated proceedings to vacate the public interest in the service drive right-of-way in Speiser's Arbolada, Section 9, Township 29, Range 22, subject to Minnesota Department of Transportation right-of-way designated and located by Order No. 19936 and No. 43907, subject to amended Width Order No. 71199 effective October 15, 1986, with the following excep- tion: A sixty-foot-wide corridor, centered on the westerly extension of the center line of Park Street (now called Connor Avenue) between Highway 61 and a line connecting the southwest corner of Lot Eight, Block One, and the northwest corner of Lot Four, Block Two, all in Speiser's Arbolada. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street right- of-way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on March 16, 1987. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on April 13, 1987, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this 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. WHEREAS, upon vacation of the above-described street right-of-way, public interest in the property will accrue to the following described abutting properties: Lots 4, 8-12, Speiser's Arbolada, Section 9, Township 29, Range 22 in Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above-described vacation on the basis of the following findings of fact: 1. This service road has been declared to be excess right-of-way by the Minnesota Department of Transportation. This service road was to have been part of an overpass intersection which has been abandoned. - 6 - 4/13 2. Each of the abutting properties has been combined with property that is accessed from Duluth Street and/or Connor Avenue which are improved and maintained as public streets. This vacation is subject to the retention of a utility easement over the west ten feet of the right-of-way. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk. Nay -.Councilmember Juker. 4. 7:30 P.M., Site Plan Revision and Variances Precision Tune and Tires Plus a. Acting Mayor Wasiluk convened the meeting for a public hearing regarding the request of Precision Tune and Tires Plus for approval of a site plan revision changing the approved building location and parking plan at 1990 E. County Road D. b. City Attorney Patrick Kelly explained to the Council and audience that the hearing notice stated 1380 Frost Avenue instead of 1830 E. County Road B. c. Director of Community Development Olson presented the Staff report. d. Board Member Don Moe presented the Community Design Review Board recommendation. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: Mr. Jim Trapp - Realtor Mr. Mark Leisman, General Manager of Hardees Mr. George Rossbach, 1406 E. County Road C f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved approval of the site plan revision for Precision Tune/Tire Plus .subject to the following being completed before construction resumes: 1. Reciprocal parking easements must be recorded against Hardee's and the Precision Tune/Tires Plus site. 2. A detailed grading and drainage plan for both properties must be approved by the City Engineer. 3. Signs shall be provided to direct traffic flow as shown on the site plan. This signage shall be subject to the requirements of the Director of Public Safety. 4. Anew survey shall be done to verify the location of the building. Seconded by Mayor Greavu. Ayes - all. - 7 - 4/13 5. 7:40 P.M., Conditional Use Permit 1201 Frost Avenue (S & S Auto) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Jonathan and Timothy Skon for approval of a conditional use permit to sell used cars at 1201 Frost Avenue. b. Director of Community Development Olson presented the Staff report. c. Commissioner Rossbach presented the Planning Commission recommendation. d. Mayor Greavu called for proponents. The following were heard: Mr. Jonathan Skon, the applicant e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption 87-4-58 WHEREAS, Jonathan and Timothy Skon initiated a conditional use permit to sell used cars at the following-described property: Lots 1-9, Block 4, Lincoln Park and the west half of vacated Duluth Street This property is also known as 1201 Frost Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Jonathan and Timothy Skon, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on March 16, 1987. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on April 13, 1987. 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 conditional use permit be approved on the basis of the fol- lowing 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 health, safety or general welfare. - 8 - 4/13 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, . glare, smoke, 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 proper- - ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 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. Approval is subject to the following conditions: 1. No more than two automobiles shall be displayed for sale at any one time that would be visible from Frost Avenue. 2. No more than four vehicles shall be offered for sale at any time. 3. A portion of the gravel parking lot shall be blacktopped and . striped as determined by the Community Design Review Board. 4. No cars shall be within fifteen feet of the right-of-way, unless the Community Design Review Board approves a parking lot with a closer setback. 5. Vehicle parts are not to be stored outside. Seconded by Councilmember Wasiluk. Ayes - all. 6. 7:50 P.M., Hillwood Drive - Project 86-OS Assessment Hearing a. Mayor Greavu convened the meeting for a public hearing regarding adoption of the proposed assessment roll for Hillwood Drive Project 86-05. b. Acting City Engineer Ahl presented the Staff report. - 9 - 4/13 c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. The following were heard: Mr. John Peterson, Good Value Homes, stated he had purchase agreements for property owned by Castle Design. e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following resolution and moved its adoption: 87-4-59 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Hillwood Drive from Crestview Drive to Marnie Street as described in the files of the City Clerk as Project 86-05, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall consti- tute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments ex- tending over a period of 20 years, the first of the installments to be payable on or after the first Monday in January, 1988, and shall bear interest at the rate of nine (9) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1987. To each sub- Sequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made,: upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions re- lating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein as- sessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. - 10 - 4/13 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other muni- cipal taxes. 6. Prepayment of each parcel's assessment shall be allowed, without an interest charge, from the date of adoption of said assessment roll to May 15, 1987. All unpaid assessments shall bear interest at the rate of nine (9) percent per annum from the date of adoption of the assessment roll. Partial prepayment shall be allowed accord- ing to City policy. Seconded by Councilmember Juker. Ayes - all. G. AWARD OF BIDS 1. County Road C Water Main - Project 86-04 a. Acting City Engineer Ahl presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87-4-60 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of F.M. Frattalone Excavating, Inc., in the amount of $137,193.00 is the lowest responsible bid for the construction of County Road C Water Main, Project 86-04, 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 Councilmember Juker. Ayes - all. H. UNFINISHED BUSINESS 1. Code Amendment Building Code (2nd Reading) a. Director of Community Development Olson presented the Staff report. b. Maplewood Building Official Marge Ostrom explained the proposed ordi riance, c. Mr. Gary Jackson, Maplewood Mall, spoke regarding the proposal. d. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE N0. 602 AN ORDINANCE AMENDING THE SECTIONS OF CITY CODE DEALING WITH THE ADOPTION AND ADMINISTRATION OF THE STATE BUILDING CODE THE MAPLEWOOD CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Sections 9-21 through 9-24 are amended as follows: - 11 - 4/13 Sec. 9-21. Adoption of State Building Code. The. Minnesota State Building code, established pursuant to Minnesota Statutes 16B.60 through 16B.73, is hereby adopted as the building code for the City and is a part of this code as completely as if fully set forth herein. A copy of the building code shall be kept available for public use in the office of the building official. Sec. 9-22. Adoption of optional chapters. The following optional chapters of the Minnesota State Building Code are hereby adopted by reference: 1, Chapter 1305.0150 Subpart 2: UBC Appendix Chapters 1, 7, 38, 55 and 70 2. Chapter 1305.6905, Special Fire Suppression Systems with the option ` of 8 (a) Group B-2 2000 or more gross sq, ft. 3. Chapter 1335, Floodproofing Regulations Sec. 9-23. Administration. (a) The organization of the building department and enforcement of the State Building Code shall be conducted within the guidelines established by Chapter 2 of the Uniform Building Code. (b) The Community Development Department shall be the building code department of the City. The administrative authority shall be a state certified building official so designated by the City Manager. (c) The building official is responsible for the administration of the building code. (Ord. No. 325, §300.020, 6-22-72) Sec. 9-24. Permits, inspections and fees. The issuance of permits, conduction of inspections and collection of fees 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. Separate permits, fees and inspections shall be required for all electrical, heating and plumbing work regulated by the State Build- ing Code. Section 2. This ordinance will take effect upon its passage and publication. Passed by the City Council of the City of Maplewood, this 13th day of April, 1987. Mayor ATTEST: Ayes - 4 City Clerk Nays - 0 - 12 - 4/13 I. NEW BUSINESS 1. Driveway Approval Bush avenue (Kinney) Deleted from Agenda. 2. C.D.R.B. Appeal N.A.P.A. Auto Parts a. Director of Community Development Olson presented the Staff report. b. Board Member Don Moe presented the Community Design Review Board recommendation. c. Mr. Jim Newell and Mr. Bill Johnson, N.A.P.A., spoke on behalf of their proposal. d. Councilmember Wasiluk moved to approve the building exterior revision - for N.A.P.A. Auto Parts at the Plaza 3000 north annex Seconded by Mayor Greavu. Ayes - Mayor Greavu and Councilmember Wasiluk Nays - Councilmembers Bastian and Juker Tied vote - motion defeated. 3. Portable Sign Permit N.A.P.A. Auto a. Director of Community Development Olson presented the Staff report. b. Councilmember Bastian moved approval of a special sign permit for NAP A Auto Parts to use a portable sign for a 20 day period at the Plaza 3000 shop ping center subject to them obtaining a sign permit Seconded by Councilmember Juker. Ayes - all. 4. Code Amendment Exterior Siding (1st Reading) a. Director of Community Development Olson presented the Staff report. b. Mr. George Rossbach, 1406 E. County Road C, presented his views. c. Mayor Greavu moved first reading of an ordinance regulating exterior finishes on residential dwellines and their accessory buildings Seconded by Councilmember Bastian. Ayes - all. 5. County Rail Authority a. Director of Community Development Olson presented the Staff report. - 13 - 4/13 b. Mayor Greavu introduced the following resolution and moved its adoption: 87-4-61 WHEREAS, Ramsey County is considering creating a regional rail authority; and WHEREAS, the City of Maplewood would like.the Burlington Railroad corridor to be in public ownership; and WHEREAS, a regional rail authority would be the most practical way to acquire the corridor and represent the multiple agencies and juris- dictions affected. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MAPLEWOOD supports the creation of a county rail authority, provided that Maplewood has a strong voice in any decision as to how the corridor is to be used. It is, therefore, requested that Maplewood be represented on the rail authority board. Seconded by Councilmember Bastian. Ayes - all. 6. The Metro East Coalition a. Director of Community Development Olson presented Council with infor- mation describing the latest efforts to develop a Metro Ease Coalition to promote development on the East Side. b. No action taken. 7. Order Assessment Roll Frost Avenue Reconstruction, Project 83-01 a. Acting City Engineer Ahl presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87-4-62 WHEREAS, the Gity Clerk and City Engineer have presented the final figures for the reconstruction of Frost Avenue, Adele to Birmingham Streets, City Project 83-01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improve- ment against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. - 14 - 4/13 FURTHER, the Clerk shall, upon completion of such proposed assess- ment notify the Council thereof. Seconded by Councilmember Bastian. Ayes.- all. 8. Public Improvement Petition Carver Heights Plat, Project 86-19 a. Acting City Engineer Ahl presented the Staff report. b. Mayor Greavu intoduced the followine resolution and moved its adoption• 87-4-63 'I WHEREAS, it is proposed to construct and acquire easements for a ponding system east of the Carver Heights preliminary plat and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 2. That this study shall not begin until the petitioner establishes with the City a cash escrow in the amount of $6,000.00. This cash escrow shall guarantee the payment of the feasibility study preparation costs I with payment to be made only if the project is not ordered. and is equal ii to 150 of the estimated preparation cost. The cash escrow shall be either a letter of credit or a certified check. Seconded by Councilmember Bastian. Ayes - al L 9. Approval of Preliminary Layout - Century Avenue Intersection Improvements. a. Acting City Engineer Ahl presented the Staff report. b. Councilmember Juker introduced the followine resolution and moved its adoption: 87-4-64 WHEREAS, the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 117 renumbered as Trunk Highway No. 120 within the cor- porate limi.£s of the City of Maplewood, from Upper Afton Road to Hollo- way Avenue; and seeks the approval thereof, and - 15 - 4/13 WHEREAS, said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. lA S.P. 6227-43 (120=117) from Upper Afton Road to County Road "B". NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limbs be and hereby are approved. Seconded by Mayor Greavu. Ayes - all. 10. Order Assessment Hearing - Water Service No. 6 Improvements, Project 86-03 a. Acting City Engineer Ahl presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its adoption• 87-4-65 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Water Service District 6 Improvements, City Project 86-03, and the assessment roll is on file in the Office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 11th day of May, 1987, at the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed and the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 4. Prepayment of each parcel's assessment shall be allowed, without an interest charge, from the date of adoption of said assessment roll to June 10, 1987. All unpaid assessments shall bear interest at the rate of ten (10) percent per annum from the date of adoption of the assessment roll. Seconded by Councilmember Bastian. Ayes - all. - 16 - 4/13 11. Order Public Hearing - Upper Afton Road, Project 86-07 a. Acting City Engineer Ahl presented the Staff report. b. Councilmember Bastian requested Staff to obtain traffic counts for McKnight Road and Century by Upper Afton. c. Councilmember Wasiluk introduced the following resolution and moved its adoption• j 87-4-66 i W?iEREAS, the City Engineer for the City of Maplewood has been authc ized and directed to prepare a report with reference to the improvement of Upper Afton Road, City Project 86-07, by construc- tion of street and storm sewer, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Upper Afton Road by construction of street and storm sewer 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 $1,309,000.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 27th day of April, 1987, at 7:20 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Juker. Ayes.- All. 12. Approval of Preliminary Concept - Larpenteur Avenue, 35E to Edgerton, Project 86-27 a. Acting City Engineer Ahl presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87-4-67 WHEREAS, the Ramsey County Department of Public Works has prepared a preliminary layout for the reconstruction of Larpenteur Avenue from 35E to Edgerton Street; and - 17 - 4/13 WHEREAS, said preliminary layout has bees presented for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the preliminary layout for the reconstruction of Larpenteur Avenue from 35E to Edgerton Street is hereby approved. Seconded by Councilmember Wasiluk. Ayes -.all. 13. Public Improvement .Petition - Holloway Avenue, Beebe Road to Furness Parkway a. Acting City Engineer Ahl presented the Staff report. b. Councilmember Bastian intoduced the following resolution and moved its adoption• 87-4-68 WHEREAS, it is proposed to construct Holloway Avenue between Beebe Road and Furness Parkway and to assess the benefited property for all or a potion of the cost of the improvement, pursuant to Minne- sota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 2. That this study shall not begin until the petitioner establishes with the City a cash escrow in the amount of $6,000.00. This cash escrow shall guarantee the payment of the feasibility study preparation costs with payment to be made only if the project is not ordered and is equal to 1509 of the estimated preparation cost. The cash escrow shall be either a letter of credit or a certified check. Seconded by Mayor Greavu. Ayes - all. 14. Request for Sergeant's Promotion a. Director of Public Safety Ken Collins presented the Staff report. b. Councilmember Bastian moved to correct the 1987 Budget to reflect eight sergeants that are needed to continue efficient operation. Seconded by Mayor Greavu. Ayes - all. - 18 - 4/13 15. Manager's Contract a. Acting Manager Haider presented the agreement for adoption. b. Councilmember Juker requested this item be tabled until Councilmember Anderson is in attendance. c. Councilmember Bastian moved to approve the employement aQeement.between- the City and Michael McGuire as submitted and that a budget transfer of $12,780 from the continQenc account be approved Seconded by Councilmember Juker. Ayes - all. J. VISITOR PRESNETATION 1. Mr. Gerke, 1252 Cope Avenue a. Mr. Gerke stated he had to obtain a heating permit at City Hall In doing so, he was rudely treated. b. No action taken. K. COUNCIL PRESENTATIONS 1. Castle Avenue Parking a. Councilmember Juker stated there should be "No Parking" signs on Castle Avenue. b. Staff to investigate. 2. Hazelwood Pond a. Councilmember Juker stated the ponds on the west side of Hazelwood -south of County Road B should be cleaned up. b. Staff to investigate. 3. Resource Recovery Plant a. Councilmember Wasiluk informed the Council that on April 23, 1987, the Ramsey County League will be touring the Resource Recovery Plant at Hastings. 4. Reconsideration a. Councilmember Wasiluk moved reconsideration of the ArkwriQht Street assessments. Seconded by Mayor Greavu. Ayes - Mayor Greavu and Councilmember Wasiluk Nays - Councilmembers Bastian and Juker Vote tied. Motion defeated. - 19 - 4/13 5. Establish Meeting Date a. Council established May 21, 1987, at 7:00 P.M. as the second regular meeting in May. Mayor Greavu moved to waive the Rules of Procedure-and extend the meeting past the 10:30 P.M. deadline. Seconded by Councilmember Juker. Ayes - all. 6. Pending Lawsuits a. Mayor Greavu requested an update on all pending litigation. 7. Citizen and Council Meeting a. Mayor Greavu stated residents are questioning the .Community Development block grants that are available. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURMENT 10:55 P.M. Council and City Attorney Patrick Kelly met in closed session to discuss pending litigation. City Clerk - 20 - 4/13