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HomeMy WebLinkAbout07.13.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 13, 1987 Council Chambers, Municipal Building Meeting No. 87-14 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:03 P.M, by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87 - 11 (May 21, 1987) Councilmember. Anderson moved to approve the Minutes of Meeting No. 87-11 (May 21, 1987) as submitted. Seconded by Councilmember Wasiluk. Ayes - all. 2. Meeting No. 87 - 12 (June 8, 1987) Councilmember Bastian moved to approve the Minutes of Meeting No. 87-12 (June 8, 1987) as submitted. Seconded by Councilmember Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. July 4th 2. Commissioners' Recognition Dinner 3. Final Plats 4. Council Salaries S. T.H. 120 6. N.E. Suburban Transit 7. Upper Afton Road 8. Open Space 9. Frost and English 10. Traffic Reserves Seconded by Councilmember Anderson. Ayes - all. 7/13 E. CONSENT AGENDA Council removed Item E-3 from the Agenda to become Item I-10. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda, Items E-1 and 2, 3 through 9 as submitted and recom- mended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses check register dated 06-25-87 through 07-02-87 - $570,213.74 Part II, Payroll dated June 26, 1987, gross amount $147,421.53) as submitted. i 2. Time Extension Approved a time extension for the undeveloped portion of the Sterling Street Addition (Outlots A & B) for one year or until the proposed Cave's Junek Addition preliminary plat is acted on by Council, whichever comes first. 3. Time Extension Jefferson's Fifth Addition Discussed under I-10. 4. Change Order No. 1 - Arkwright Street Improvements - City Project 86-12 Resolution No. 87 - 7 - 124 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86-12, Arkwright Street Improvement and has let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-12, Change Order One. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order One. 5. Easement Agreement - McKnight Road Reconstruction (Beaver Lake to Lar- penteur) - City Project 81-20 Resolution No. 87 - 7 - 125 WHEREAS. the Council has ordered made City Project 81-20, McKnight Road Reconstruction, Phase I (Beaver Lake to Lazpenteur Avenue), and WHEREAS, the Council has levied assessments against benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, easements are required for the project on property owned by Bulk Service Corporation - 2 - 7/13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that payment in the amount of $20,000.00 is hereby approved to Bulk Service Corporation and the Mayor and City. Clerk are hereby authorized to execute an easement agreement for acquisition of said easements. 6. Sale of City Hall Authorized the Manager to enter into a six-month contract with Edina Realty as outlined in their proposal with the following additional con- ditions: 1. Prior to the acceptance of an offer; parking arrangements for Gladstone Fire St ti b a on e worked out• . 2. The vacant land across from the Old City Hall not be sold individually until the building sells. 7. P.E.R.A. Resolution Resolution No. 87 - 7 - 126 WHEREAS, the City of Maplewood has hired Paul Gregory Paulos to serve as part-time police officer, and WHEREAS, the City of Maplewood desires that Paul Gregory Paulos be classified as a basic member of the Public Employees Police and Fire Fund: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that pursuant to M.S.A. Section 356.64 subdivision 4, the part-time police officer position held by Paul"Gregory Paulos is a police officer position. BE IT FURTHER RESOLVED that the Director of Public Safety shall hereby cause employee contributions to be deducted from the salary of Paul Gregory Paulos according to the provisions of M.S.A., Section 353.27, subdivision 4. 8. Budget Transfer - City Manager's Contract Approved a budget transfer of $1200 from the General Fund Contingency Account to finance the Manager's relocation costs. 9. Schedule Public Hearing - HealthEast (Tax Exempt Bonds) Resolution No. 87 - 7 - 12Z WHEREAS, City Staff has received a proposal from HealthEast that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") issue tax exempt bonds, the proceeds of which would be used (i) to finance the acquisition or construc- tion by it or any affiliate to acquire or construct) health care facilities including improvements to buildings and equipment and - 3 - 7/13 other movable personal property to be acquired by HealthEast or an affiliate and located at, or used in connection with existing faci- lities maintained and operated by HealthEast or an affiliate in the City of Saint Paul, Minnesota, or the City of Maplewood, Minnesota; (ii) to refund certain outstanding bonds issued by the HRA, the Port Authority of the City of Saint Paul or the City of Maplewood; and (iii) to fund a reserve and pay certain costs of issuance of the bonds, including the .discount; and WHEREAS, in connection with the issuance of the bonds, it is necessary for the City of Maplewood and the HRA to enter into a Consent Agreement, which agreement provides that the HRA will be the issuer of the bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: ` 1. A public hearing regarding the proposed project shall be held on August 10, 1987, at 7:00 P.M. City Staff is authorized to publish notice of the public hearing in accordance with law. 2. The Mayor and City Clerk are authorized to execute a Consent Agreement to be entered into with the HRA in substantially the form submitted to the City Council. E-A. PARK ACQUISITION 1. Purchase of 4.8 acres at Brooks and Barclay for Park Purposes a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved the acquisition of 4.8 acres of property referred to as Cave's Barclay 2nd Addition from Ed Cave and Sons, Inc.., for $120,000.00 (Payment to be made through the P.A.C. Fund) provided the City maintain the property. Seconded by Councilmember Wasiluk. Ayes - all. F. PUBLIC HEARINGS 1. 7:00 P.M., Beam Avenue Water Main (W of T.H. 61) City Project 84-12 a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for the Beam Avenue Water Main Project 84-12. b. Manager McGuire presented the Staff report.. c. City Attorney Bannigan explained the procedures of the assessment hearing. d. Assistant City Engineer Ahl presented the specifics of the assess- ments. e. Mayor Greavu called for proponents. None were heard. - 4 - 7/13 f. Mayor Greavu called for opponents. The following were heard: Mr. Art Manke, 1210 Beam Avenue Mr. Pat. Keene, 1190 Beam Avenue g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 87-7-128 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objec- tions to the proposed assessment for the construction of Beam Avenue Trunk Water Main (W, of T.H. 61) as described in the files of the City Clerk as Project 84-12, and has amended such proposed assess- ` ment 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 constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be bene- fited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install- ments extending over a period of 20 years, the first of the install- . ments to be payable on or after the first Monday in January, 1988, and shall bear interest at the rate of ten (10) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- . went from the date of this resolution until December 31, 1988. To each subsequent 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 t:he cost of this improvement paid for from municipal funds by levying addl- . tional assessments. on notice and hearing as provided for the assessments herein made, upon any properties abutting on the im- provement but not made, upon any properties abutting on the im- provement but not herein assessed for the improvement, when changed conditions relating 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 assessed, 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. - 5 - 7/13 5, The Glerk 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 municipal taxes. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk. Nays - Councilmember Bastian. 2. 7:10 P.M., Preliminary Plat Cave's Currie Street 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 sixteen single dwelling lots. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Dennis Larson presented the Planning Commission report. e. Mr. Sam Cave, Ed Cave and Sons, Inc., spoke on behalf of the proposal. f. Mayor Greavu called for proponents. None were heard. g. Mayor Greavu called for opponents. None were heard. h. Mayor Creavu closed the public hearing. i. Mayor Greavu moved to approve the Cave's Currie Street preliminary Qlat subject to the following conditions, except No. 2- developer does not need to transfer ownership of Outlots A & B to the City but shall provide easements. Motion failed for lack of a second. j. Councilmember Juker moved approval of Cave's Currie Street Addition Preliminary Plat (dated 3-17-87) subject to compliance with the following conditions before final plat approval: _ 1. City engineer approval of final grading, drainage, utility and erosion control plans. The grading plan shall maximize preserva- tion of the hill and trees on Lot One, Block Two, as much as pos- sible. 2. Submittal of recordable deeds to the City Engineer to transfer title of Outlots A and B to the City of Maplewood or dedicate them to the public on the plat for drainage and utility purposes. 3. Submittal of a 100-foot-diameter easement for the temporary Currie Street right-of-way. - 6 - 7/13 4. Provide a twenty-foot drainage easement over the north twenty feet of Lot One, Block One. 5. Submittal of a signed developer's agreement and required surety for the following items: a. Construction of all required public street ponding and utility improvements. b. Construction of a driveway turn-around for Lot Eight, Block One. c. Construction of a driveway for Lot One, Block One that complies with the requirements of Section 10.207 of the Uniform Fire Code. This driveway shall be constructed as far to the east of the property as possible and be aligned to retain as many mature trees as possible. d. Construction of the temporary Currie Street cul-de-sac. 6. Revision of the lots in Block 2 as shown on Page 9 to maxi- : mize preservation of the trees and hill on Lot One, Block 2, and provide room for a 100-foot setback to the future house. 7. Show the existing, small triangular piece of right-of-way ac- quired by the County at the corner of Larpenteur Avenue and McKnight Road. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nay - Mayor Greavu. 3. 7:20 P.M., Easement Vacation Maplewood Mall a. Mayor Greavu convened the meeting for a public hearing regarding the request of the developers of the Mainstreet Store at Maplewood Mall to relocate a twenty-foot wide utility easement. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. 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. Mayor Greavu introduced the following resolution and moved its adoption: 87-7-129 WHEREAS, Suburban Engineering initiated proceedings to vacate the public interest in the following described utility easement: - 7 - 7/13 That part of the dedicated utility easement shown in Lot 5, Block 1, Maplewood Mall Addition, Ramsey County, Minnesota, the center line described as follows: Commencing at the southwest corner of Lot 10, Block 1, Maplewood Mall Addition; thence on an assumed bearing of East, along the south line of said lot, 34.94 feet; thence on a bearing of North, 725.77 feet; thence N 44 degrees, 47 feet, 25 inches W., 79.25 feet; thence on a bearing of North 266.08 feet; thence on a bearing of West, 169.46 feet to the actual point of beginning; thence on a bearing of North 419.75 feet and there terminating. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said utility ease- : ment have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on June 15, 1987. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on July 13, 1987, to con- sider 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 re- ports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above-described utility easement, public interest in the property will accrue to the following described abutting properties: Lot 5, Block 1, Maplewood Mall Addition 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. The portion of this easement to be vacated runs through the building site for the proposed Mainstreet Store addition to Maplewood-Mall 2. Relocation of the easement to the west, as proposed, would have no effect on the provision of utility services to Maple- wood Mall properties. Seconded by Councilmember Anderson. Ayes - all. 4. 7:30 P.M., Preliminary Plat, Cave's Barclay 2nd .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 fifteen single dwelling lots to be known as Cave's Barclay 2nd Addition. b. Manager McGuire presented the Staff report. - 8 - 7/13 c. Director of Community Development Olson presented the specifics of the proposal. d. Because of the questions raised regarding the proposed park property, Councilmember Anderson moved to table this item for two weeks. Seconded by Councilmember Juker. Ayes - all. 5. 7:40 P.M., Maplewood Knoll a. Preliminary Plat b. Rezoning (4 Votes) 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Nu~bel Homes, Inc., for approval of a preliminary plat to create 11 single dwelling lots. Staff is requesting a rezoning from F - Farm to R-1, single dwelling for this property. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Dennis Larson presented the Planning Commission recom- mendation. 5. Mayor Greavu called for proponents. None were heard. 6. Mayor Greavu called for opponents. None were heard. 7. Mayor Greavu closed the public hearing. 8. Mayor Greavu moved to approve the Maplewood Knoll preliminary plat (dated 3-26-87), subject to the following conditions being met before final plat approval: a. North St. Paul approval of the sewer and water service connections within Sterling Street and their approval of the construction plans for the sanitary sewer and water main within the cul-de-sac. b. Revising Lots Seven through Ten, as necessary, to increase the width of Lot Seven to at least 75 feet at the building setback line. Each of the revised lots must comply with all lot dimension requirements. c. The Knoll Circle right-of-way shall be moved south to provide at least 30 feet of setback for the existing dwelling. d. The proposed storm-sewer easements between Lots Five and Six, along the west line of Lot Eight and running east/west across Lots Seven and Eight shall be increased to 15 feet of width. - 9 - 7/13 e. City Engineer approval of final grading, erosion control, drainage and utility plans. f. Submittal of a signed developer's agreement, with required surety, for all required public improvements. Seconded by Councilmember Anderson. Ayes - all.. 9. Mayor Greavu introduced the following resolution and moved its adoption: 87-7-13.0 WHEREAS, Nuebel Homes, Inc., initiated a rezoning from F, farm residence, to R-l, single dwelling, for the following-described property: The South 482 feet of the West 452 feet of the NW 1/4 of the SE 1/4 of Section 13, township 29, Range 22. This property is also known as 1810 Sterling Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commis- sion on June 15, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on July 13, 1987, to consider this rezoning. 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 rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is ade- quately safeguarded. 3. The proposed change will serve the best interests and con- veniences of the ocmmunity, where applicable and the public welfare.. - 10 - 7/13 4. The proposed change would-have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. Rezoning would eliminate the potential of nuisance probelms associated with farm-related uses, such as the raising of livestock, in a single-dwelling neighborhood. Seconded by Councilmember Bastian. Ayes - all. i ~ G. AWARD OF BIDS 'i 1. Painting Cope Avenue Water Tower a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to approve a budget transfer of $8,040.00 from the Water Availability Fund to the Water Maintenance Fund for the amount over budget to paint the Cope Avenue Water Tower. Seconded by Councilmember Wasiluk. Ayes - all. c. Councilmember Anderson introduced the following resolution and moved its adoption• 87-7-131 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Rainbow,Inc., in the amount of $59,189.00 is the lowest responsible bid for painting the Cope Avenue water tank 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 Wasiluk. Ayes - all. 2. Tractor/Loader a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption• 87-7-132 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Carlson Tractor and Equipment Co., Inc., in the amount of $20,291.00 is the lowest responsible bid for furnishing one 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. 3. Tractor/Mower a. Manager McGuire presented the Staff report. - 11 - 7/13 b. Mayor Greavu introduced the following resolution and moved its adoption• 87-7-133 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Carlson Tractor and Equipment Company, Inc., in the amount of $22,489.00 is the lowest responsible bid for furnishing one tractor/ mower 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 Anderson. Ayes - all. H. UNFINISHED BUSINESS 1. Order Assessment Hearing - Frost Avenue Reconstruction (Adele to Birmingham) City Project 83-01 a. Manager McGuire presented the Staff report. b. Assistant City Engineer Ahl presented the specifics of the proposal. The proposed rates are as follows: Curb & Gutter $10.676 per front foot Storm Sewer (RL) .078 square foot (RM and SC) .155 square foot c. Mayor Greavu introduced the following resolution and moved its adoption: 87-7-134 - WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction o£ Frost Avenue Improvements between Adele Street and Birmingham Street, City Project 83-01, and the-said 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 10th day of August, 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 refer- ence 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, that the proposed assessment roll is on file with the Clerk, prepayment and interest charges information and that written or oral objections will be considered. - 12 - 7/13 4. Prepayment of each parcel's assessment shall be allowed, without an interest charge, from the date of adoption of said assessment roll to 30 days past the date of adoption. 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 Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nay - Councilmember Juker. 2. Alternate Tower Site and Linwood Avenue Water Main - Water Service District 8 Improvements - City Project 86-15 a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to approve Alternate 2: Order Staff to investigate the alternate tower site with a feeder main located on Linwood Avenue from the proposed Sterling Street to the tower site and the completion of the water main on Linwood Avenue from the existing main east of McKnight to Sterling and the proposed tower feeder main to Century Avenue. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Anderson introduced the following rsolution and moved its adoption• 87-7-135 WHEREAS, the City Engineer for the City of Maplewood has previously prepared a report with reference to the improvement of Water Service District 8, Sterling Street and Schaller Drive, City Project 86-15, by construction of water tower, streets, water main, sanitary sewer and storm sewer, and- WHEREAS, the said City Engineer has recommended the relocation of said water tower aid additional water main construction along Linwood Avenue. NOW, TEIEREFORE, 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 water tower be relocated to north of Linwood Avenue and that water main be constructed along Linwood Avenue 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 $2,900,000.00. - 13 - 7/13 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 2.Zth day of July, 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. 3. Recreational Vehicles - Ordinance (2nd Reading) a. Councilmember Bastian moved to table second reading of this ordinance until the Meeting of July 27, 1987. Seconded by Mayor Greavu. Ayes - all. Councilmember Bastian stated he is meeting at 7:00 P.M. on Thursday, July 16, 1987, with motorcycle groups. 4. Primary Elections a. City Attorney Bannigan updated the Council regarding the proposed legisla- tion for primary elections. b. No action taken. I. NEW BUSINESS 1. Conditional Use Permit Renewal Highwood Avenue (Cellular One. Tower) a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to approve the renewal of the conditional use permit for a radio/telephone communication system known as Cellular One at 2670 Highwood Avenue for five years subject to the original conditions and replacement of two dead evergreen trees. Seconded by Mayor Greavu. Ayes - all. 2. Code amendment Building Setback from Pipeline a. Manager McGuire presented the Staff review. b. Director of Community Development Olson presented the specifics of the proposal. c. Councilmember Anderson moved to table for further information and in- structed Staff to send a copy of the proposal to the Chamber of Commerce. Seconded by Councilmember Juker. Ayes - all. 3. Metropolitan Council Survey a. Councilmember Bastian moved. to rank the five most important issues out of the thirteen identified by the Metropolitan Council: 1. Strategic Planning 2. Vitality of the regional economy - 14 - 7/13 3. Fiscal Planning to pay for long term infrastructure before baby boomers reach retirement age. 4. Transportation 5. Water Quality Seconded by Councilmember Wasiluk. Ayes - all. 4. Tax-Forfeited land Sale a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the followin¢ resolution and moved its adoption: 87 - 7 - 136 WHEREAS, the Board of County Commissioners of Ramsey County, by resolution dated April 6, 1987, classified as non-conservation land, certain land lying within the City of Maplewood, and; WHEREAS, the subject lands are described as Lots 3, 4 and 5, Castle Acres (PIN 11-29-22-31-0015); and WHEREAS, a copy of Ramsey County's April 6, 1987 resolution (No. 87-181) and the legal description of land therein classified as non- conservation were received by the City of Maplewood on April 10, 1987; and WHEREAS, state law requires the City of Maplewood to: (a) act on the County's classification of this property as noh-conservation and (b) find that there is no public use that the property can be put to before Ramsey County can offer this property for public auction; and WHEREAS, the City of Maplewood has no use for this property. NOW, THEREFORE, BE IT RESOLVED that the classification of the land described above as non-conservation land and the sale thereof be and hereby is approved; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is authorized to file a certified copy of this resolution in the Office of the Land Commissioner. Seconded by Councilmember Wasiluk. Ayes - all. 5. Easement Agreement and Improvement a. Manager McGuire stated a lot split at the Maplewood Mall has allowed the City to acquire a segment of Southlawn Avenue north of Beam Avenue as identified in City Project 85-17. The right-of-way has been dedicated and the City should consider the purchase of the existing roadway and utilities. - 15 - 7/13 b. Councilmember Bastian introduced the following resolution and moved its adoption: 87-7- 13.7 WHEREAS, the Council has ordered made City Project 85-17, and WHEREAS, said report identified the need to acquire the existing Mall road entrance drive as Southlawn Avenue right-of-way, and WHEREAS, right-of-way has been acquired for the project on property owned by Corporate Property Investors, Inc., and WHEREAS, purchase of the existing roadway and utilities within the right-of-way is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that payment in the amount of $40,000 for the existing utilities and roadway from the Municipal State-Aid Maintenance Ac- count is hereby approved to Corporate Property Investors, Inc., and the Mayor and City Clerk are hereby authorized to execute an easement agreement for acquisition of said roadway and utilities. Seconded by Councilmember Anderson. Ayes - all. 6. McCafferty - 1673 Lark Avenue - Flooding Problem a. Mr. McCafferty explained to the Council the flooding problems he is experiencing. b. Councilmember Anderson moved to instruct Staff.to investigate the problems and install an additional "flap gate" if necessary. Seconded by Councilmember Juker. Ayes - all. 7. Harvester Storm Sewer Request - Feist a. Manager McGuire stated Mr. Feist owns two lots on Sterling and Har- _ vester. A drainage ditch crosses the property. Only one lot can be used because of the ditch. The requested storm sewer would allow both of Mr. Feist's lots along with others in the vicinity to be developed. b. Mr. Peter C. Feist, 950 Ferndale, spoke on behalf of his proposal. c. Mayor Greavu introduced the following resolution and moved its. adoption: 87-7-138 WHEREAS, the City Council has proposed that the area described as: Surrounding Harvester and Sterling be improved by construction of storm sewer. - 16 - 7/13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engi- neer, who is hereby instructed to report to the Council with all con- venient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Anderson. Ayes - all. 8. Cope Avenue Improvement Petition - Anderson a. Manager McGuire stated within the last year a feasibility study for the petitioned improvements was prepared by the engineering staff. The City Council, however, did not hold a public hearing. It is recommended that a feasibility study be ordered. b. Councilmember Anderson introduced the Following resolution and moved its adoption• 87 - 7 - 13.9 WHEREAS, the City Council has proposed that the area described as: Cope Avenue and Castle Avenue be improved by construction of sanitary sewer, watermain, storm sewer and street with concrete curb and gutter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer, who is hereby 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 should best be made as proposed, and the es- timated cost of the improvement as recommended. Seconded by Mayor Greavu. Ayes - all. 9. Footprint Lake Storm Sewer a. Manager McGuire recommended that Council request Staff prepare a feasibility report for Footprint Lake Storm Sewer proposal. b. Councilmember Anderson introduced the following resolution and moved its adoption: 87-7-140 WHEREAS, the City Council has proposed that the area described as: Tributary to Footprint Lake be improved by construction of storm sewers. - 17 - 7/13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the Gity Engineer, who is hereby 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 should best be made as proposed, and the estimated cost of the improvement as recom- mended. Seconded by Councilmember Bastian. Ayes - all. 10. Time Extension Jefferson's Fifth Addition. a. Manager McGuire presented the Staff report. b. Council directed the Staff to notify the property owners affected by the changes in the preliminary plat. c. Councilmember Bastian moved to approve a one-year time extension for the unplatted portion of the Jefferson Fourth Addition preliminary plat (to be called the Jefferson Fifth Addition), subject to the satis- faction of the following revised July 14, 1986 conditions of preliminary plat approval prior to final plat approval: 1. Submittal of a signed developer's agreement, with required surety, for all required public improvements. This agreement shall include the construction of temporary cul-de-sacs as required in Condition Three and a ten-foot-wide bituminous trail (eight feet wide, if no fencing) along the southwest line of Outlot B. The ten-foot corridor for the trail shall be designated on the plat as a pedestrian way. If fencing is to be constructed, the type, location and height shall be approved by the Parks Director. 2. Drop reference on the plat to the temporary cul-de-sac on the north end of "Lakewood Court." 3. A quit-claim deed(s) shall be submitted with the developer's agreement to deed 100-foot-diameter temporary cul-de-sacs to the City for: a. The north end of "Lakewood Court." b. The west end of "Valley View Drive." c. The east end of "Dorland Curve" or the south end of "Lakewood Court." These easements may be located on adjoining property. 4. Change the street names as follows: a. Show "Lakewood Court" south of Dorland Curve. - 18 - 7/13 b. Change "Lakewood Court" north of Dorland Curve and south- - west of Lot One, Block Two, to "Lakewood Drive." c. Change "Lakewood Court" between the west line of Lot One, Block Two and the east line of the plat to "Timber Avenue." d. Change "Dorland Curve" to "Schaller Drive." e. Change "Valley View Drive" to Valley View Avenue." 5. Lot One, Block One, shall be increased to at least 100 feet in width at the building setback line and 100 feet in depth. 6. Eliminate reference to the vacated 100-foot-wide drainage ease- ment that crosses the southerly portion of Blocks Five and Six. The proposed storm sewer easement shown along the north line of Lots Twelve and Fifteen, Block Six, shall be retained. 7. Eliminate the proposed ponding easement on Lot One, Block Four. The grading plan shall be revised to restrict the ponding area to Outlot B. The storm sewer easement shall be retained. 8. A quit-claim deed(s) shall be submitted with the final plat application to: a. Deed Outlot A to the City for park purposes. b. Deed Outlot B to the City for drainage purposes. 9. The east property line of Outlot B shall be moved east to coincide with east boundary of the proposed drainage easement. Reference to the easement shall be eliminated. 10. A storm sewer easement shall be shown on the final plat in the southeast corner of Lot Five, Block Five, for the proposed storm sewer facilities. The location of the easement shall be approved by the City Engineer. 11. Eliminate Outlot C. 12. City Engineer approval of final utility, grading and drainage plans. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS K. COUNCIL PRESENTATIONS 1. Traffic Reserves a. Councilmember Bastian stated h~~ had been asked what duties the Police Reserves perform. - 19 - 7/13 b, Staff responded. Councilmember Juker moved to extend the meeting past the deadline. Seconded by Mayor Greavu. Ayes - all. Councilmember Bastian moved to suspend the Rules of Procedure and extend the meeting to finish the Agenda. i Seconded by Mayor Greavu. Ayes - all. 2. July 4 a. Councilmember Anderson extended a thank you to all the volunteers who worked to make the 4th of July celebration a success. 3. Commissioners' Recognition Dinner a. Councilmember Anderson moved to instruct Staff to investigate costs for providing a recognition dinner for the CitV's Commissions and Boards. Seconded by Councilmember Wasiluk. Ayes - all. 4. Final Plats a. Councilmember Anderson feels that developers, when they file for plats, not be allowed to plan for walkouts. b. Staff to investigate.. 5. Council Salaries a. Councilmember Anderson moved to instruct the legal department to investigate procedures for increasing Council salaries. Seconded by Councilmember Juker. Ayes - all. 6. T.H. 120 a. Councilmember Anderson stated he had read an article in the REVIEW about the upgrading of T.H. 120. b. Staff answered Councilmember Anderson's questions and stated a report should be forthcoming by the end of the year. 7. N.E. Suburban Transit a. Councilmember Wasiluk stated the N.E. Suburban Transit Committee between Oakdale, North St. Paul and Maplewood are requesting more money and that money has been set aside by the Chamber of Commerce to promote cities. It is requested this money be expended for the Para Transit. - 20 - 7/13 b. Councilmember Wasiluk moved to suspend the Rules of Procedures to make a motion regarding Para Transit. Seconded by Councilmember Bastian. Ayes - all. c. Councilmember Wasiluk moved to authorize the money held bV the Chamber of Commerce for promoting the cities be transferred to the Para Transit Committee. Seconded by Councilmember Bastian. Ayes - all. 8. Upper Afton Road a. Councilmember Wasiluk stated Upper Afton Road had to be improved and requested Staff look into the options available. # Councilmember Juker left the meeting at 11:00 P.M. 9. Open Space a. Councilmember Wasiluk moved that a "Search" committee be established to designate open space areas. Seconded by Mayor Greavu. Ayes - all. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 11:05 P.M. City Clerk - 21 - 7/13