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HomeMy WebLinkAbout02.13.89 MINUTES OF MAPLHWOOD CITY COUNCIL 7:00 P.M., Monday, February 13, 1989 Council Chambers, Municipal Building Meeting No. 89-3 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 7:02 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 George F. Rossbach, Councilmember Absent C. APPROVAL OF MINUTES Meeting No. 88-26 (October 24, 1988) 1. Councilmember Anderson moved to approve the Minutes of Meeting No. 88-26 (October 24. 1988) as submitted. Seconded by Mayor Greavu. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Menards 2. City hall Art 3. Noise Abatement Ordinance Section 401 4. Cable 5. Open Space 6. Taxi Cab: Home Occupation Permit 7. Mr. Donut - Rapid Oil 8. Daffodil Days Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, Seconded by Councilmember Juker, A es - all, to approve the Consent Agenda, Items 1 through 18 as recommended: 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE• $ 337,166.30 Checks X18665 - 08740 Dated 01-12-89 thru 01-31-89 58,712.88 Checks 05529 - I15636 Dated 02-13-89 $ 92,148.96 Checks 05646 - 05719 Dated 02-13-89 $ 488,028.14 Total per attached voucher/check register PAYROLL• $ 349,092.75 Payroll Checks $ 74,079.65 Payroll Deductions $ 423,172.40 Total Payroll $ 911,200.54 GRAND TOTAL 2. 1989 Park & Recreation Fee Schedule Adopted the 1989 Fee Schedule for Reservation of Park Facilities. 3. 1989 Park and Recreation Commission Activity Report Accepted the Park and Recreation Commission Activity Plan for 1989. 4. Final Plat: Huntington Hi11s South 2nd Addition. Approved the following recommendations: 1. Approve the Huntington Hi11s South Second Addition final plat to create 27 single-dwelling lots and an outlot. 2. Approve a one-year time extension for the unplatted portion of the Huntington Hills South preliminary plat, subject to the original 8/24/88 preliminary plat conditions that still apply: , a. City Engineer approval of final grading, utility, drainage, and erosion control plan. These plans shall include the following: (1) The grading plan shall include a proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for street construction. Housing styles shall be illustrated which minimize grading on sites that contain desirable mature trees and steeper slopes. Deviation from the approved grading plans for each lot may be 2 2-13-89 permitted by the City Engineer, provided the intent of the overall grading plan is complied with. (2) The proposed building pads for the effected lots shall comply with the requirements of the pipeline setback ordinance. (3) The recommendations in the Soil Conservation Service's letter of 6-5-87 shall be followed. b. Until Sterling Street is guaranteed to be constructed north of Linwood Avenue, the areas either side of the Sterling Street right-of-way shall be platted as outlots. c. The right-of-way for "Spring Side Court" shall be extended to the west property line. If the property to the west (2437 Linwood Avenue) does not develop at the same time as this site, a temporary cul-de-sac shall be constructed entirely on the subject site. When the property to the west does develop, the owner shall be responsible for constructing the entire permanent cul-de-sac and for sodding the yard area on this site encroached on by the temporary cul-de-sac. If the applicant and the owner of 2437 Linwood Avenue cannot agree on the location for the permanent cul-de- sac bulb, the City engineer shall decide. d. Submittal of a signed developer's agreement for: (1) The construction of Spring Side Court. If Spring Side Court will have a temporary cul-de-sac bulb, a recording easement shall be submitted for the area outside of the right-of-way ,to be dedicated in the plat. (2) All required utilities, except those to be con- structed by the City as part of the Sterling Street improvement. (3) Grading for an eight-foot-wide trail to Vista Hills Park from Marnie Street located in the Huntington Hills South Addition, if not completed prior to requesting final plat approval for the Third Addition. Resolution 89 - 2 - 7 WHEREAS, Hillwood Drive from Crestview Drive to Sterling Street is designated a collector street. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that the north side of Hillwood Drive from Crestview Drive to Sterling Street be designated "No Parking." 3 2-13-89 5. Final Plats: Gonyea's 3rd through 5th Additions Approved the Gonyea's Oak Heights Third Addition final plat. Approved the Gonyea's Fourth Addition final plat. Approved the Gonyea's Oak Heights Fifth Addition final plat. 6. Joint Resolution of Appreciation Resolution 89 - 2 - 8 WHEREAS, James R. Kochsiek became a'member of the Community Design Review Board of Maplewood on July 8, 1985, and has served faithfully in that capacity; WHEREAS, he has freely given of his time and energy, without com- pensation, for the betterment of the City of Maplewood; and .WHEREAS, he has shown sincere dedication to his duties and has con- sistently contributed his leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City, that James R. Kochsiek is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. 7. Linwood Heights Townhouses: Boarding Up Costs Resolution 89 - 2 - 9 _ WHEREAS, pursuant to Minnesota Statutes Section 463.161, the City of Maplewood has the authority to assess the costs of correcting a hazardous condition on a building; and WHEREAS, the townhouses at 657 and 659 Dorland Road have been left vacant and unfinished because of bankruptcy proceedings; and WHEREAS, these units have become a hazard and a nuisance; and WHEREAS, the City caused these units to be boarded up at a cost of $173.15. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall certify to the County Auditor the amount of $173.15 to be collected with property _ taxes beginning in 1990 and each subsequent year until 1995, subject to 8% interest per annum, for the following described property: Lots 2 and 3, Block 14, Linwood Heights 4 2-13-89 - 8. Budget Transfer: Deputy Registrar Office Approved a 1989 budget transfer of $1,600.00 from the General Contingency Account to the 101-302-000-4630 Account in the Licenses and Records Division, for the purpose of automating the Motor Vehicle transaction process. 9. Carryover of 1988 Appropriations to 1989 Approved the following: DEPARTMENT/DIVISION AMOUNT ACCOUNTING CODE FOR GENERAL GOVERNMENT City Council $ 1,495 101-101-4630 Enhanced audio/visual equipment for council chambers City Manager 810 101-102-4630 Additional cost of personal computer for MIS Coordinator Miscellaneous 4,035 405-4630 Remaining costs to complete the installation of the new computer system CITY CLERK Elections 600 101-304-4640 Telephone for the deaf PUBLIC SAFETY Administration 1,980 101-401-4630 Fax machine 1,180 101-401-4640 Personal computer Police Services 6,400 101-402-4640 Mobile data terminal Dispatching 6,210 101-406-4640 Coaxial cable from ratio room to radio tower 3,820 101-406-4640 Radio antenna and filter 2,100 101-406-4640 UHF radio receiver and monitor PUBLIC WORKS Administration 60,000 101-501-4490 First part of a two-year storm water study to be done in 1989 5 2-13-89 Engineering 350 101-501-4490 Drafting table Water System 60,000 201-510-4470 Water tower painting COMMUNITY DEVELOPMENT Administration 9,000 101-701-4490 Planning consultant $157.980 10. 1988 Budget Changes - Internal Rental Changes Approved the following budget transfers to finance the 1988 V.E.M. Eund rental charges: Transfer from (To) Contingency Account 502 Street Maintenance $(22,070) 503 Engineering ( 2,900) 504 Public Works Building Maintenance { 100) 601 Parks & Recreation Administration ( 2,980) 602 Parks Maintenance 34,320 603 Recreation Programs ( 7,900) 701 Community Development Administration ( 280) 702 Planning ( 280) 703 Building Inspections 1,410 704 Health Inspections ( 280) Net Amount to Contingency Account 1,060) 11. Financial Transfer to Close Project 87-31 Approved a 1988 transfer of $4,645.68 from the General Fund to the Public Improve- ments Projects fund to finance the engineering feasibility study costs for Project 87-31. 12. Financial Transfers to Close Debt Service Funds Approved closing of the Debt Service Funds for the 1967 and 1968 GO Bonds by a transfer of their remaining balances to the C.I.P. Fund effective December 31, 1988. 13. Financial Transfer to Close Project 85-07 Approved a 1988 transfer of $39,796.99 from Project 85-07 to Project 83-01. 14. 1988 Tax Increment Transfers Authorized the following 1988 transfers from the Tax Increment Fund: To Public Improvement Projects Fund: $184,000 for Project 85-17 (Southlawn Avenue) 112.070 for Project 81-20 (McKnight Road) 6 2-13-89 _ To Park Development Fund: $ 96,100 for Project 308 (Hazelwood Park) - 97,000 for Project 309 (Playcrest Park) 62,500 for Project 321 (Sherwood Park) $551,770 Total 15. Annual Street State Aid and Sewer Fund Transfers: Authorized the following 1988 transfers: (A) From the Street Construction State Aid Eund to the Public Improvement Projects Fund for the following projects: $581,000 87-45 Sterling Street and Schaller Drive 65,000 86-22 Hillcrest Trunk Sanitary Sewer 3,738 86-25 County Road C - White Bear to McKnight $649,738 Total (B) From the Sewer Eund to the Public Improvement Projects Fund for the following projects: $279,200 86-22 Hillcrest Trunk Sanitary Sewer 1,566 86-25 County Road C - White Bear to McKnight $280,766 Total 16. Budget Change for City Ha11 Expansion Approved that the 1989 Budget for the City Ha11 Expansion be reduced by $1300.00 and the 1988 Budget be increased by $1300.00. 17. Waive Fees: Emergency Eund Service Authorized the waiving of fees for special food license and the fleet license for the trucks as requested by Emergency Fund Service, 1140 Gervais Avenue, Maplewood. 18. Police Civil Service Commission Vacancy Authorized Staff to advertise for interested candidates to apply for the Police Civil Service Commission vacancy. F. PUBLIC HEARINGS 1. 7:00 P.M., Conditional use Permit Revision and Renewal: County Road C (N.W. Bell) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Northwestern Bell Telephone/U.S. West for a revision and renewal of a condi- tional use permit. The revision is necessary because the legal description of the site has changed due to the applicant's purchase of all of Lot Four. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. 7 2-13-89 d. Commissioner Bob Cardinal presented the Planning Commission report. e. Board Member Anitzberger presented the Community Design Review Board recommen- dation. f. Alma P. Fitzloff, Assistant Manager-Real Estate, U.S.West, spoke on behalf of their request. g. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: David Fenner, 824 County Road C h. Mayor Greavu closed the public hearing. i.. Councilmember Anderson introduced the following, resolution and moved its adoption• 89-2-10 WHEREAS, U.S.West requested a revision and renewal of a conditional use permit to construct a telephone equipment building at the following-described property: Lot 4, Block 1, Gonzalez Addition WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was originally approved by the Maplewood City Council on December 9, 1985. The City Council-renewed this permit for two years on December 8, 1986. 2. The Maplewood City Council held a public hearing on February 13, 1989, to consider a revision of this permit. 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 revision be approved on the basis of the follow- : ing 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. 3. The use would be located, designed, maintained and operated to be com- patible with the character of that zoning district. 8 2-13-89 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 properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parka. 8. The use would not create excessive additional requirements at public coat 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 adherence to the site plan, dated September 19, 1988, unless a change is approved by the City's Community Design Review Board. Seconded by Mayor Greavu. Ayes - all. j. Councilmember Anderson moved that the back portion of the property be left in its natural state. Seconded by Mayor Greavu. Ayes - all. 2. 7:10 P. M., Street Vacation: Oak Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of Jean Carpenter and City Staff to vacate Oak Avenue between Ariel and German Streets. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Bob Cardinal presented the Planning Commission recommendation. e. Jean Carpenter, the applicant, spoke on behalf of her request. f. Mayor Greavu called for proponents and opponents. None were heard. g. Mayor Greavu closed the public hearing. 9 2-13-89 h. Councilmember Juker introduced the following resolution and moved its adoption: 89-2-i1 WHEREAS, Jean Carpenter and the City of Maplewood initiated proceedings to vacate the public interest in the Oak Avenue right-of-way, located between the westerly right-of-way line of Ariel Street and the easterly right-of-way line for German Street. 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 January 12, 1989. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on February 13, 1989, 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 proper- ties: Lots 1 through 15, Block 4, and Lots 16 through 30, Block 1, Maplewood Addition North St. Paul 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 adjoining property owners have no interest in improving the street. 2. The adjoining properties have adequate street access. 3. This street segment is not needed for area traffic circulation or emergency vehicle access. Seconded by Mayor Greavu. Ayes - all. 3. 7:20 P.M., Street Vacation: German Street a. Mayor Greavu convened the meeting for a public hearing regarding the request of 10 2-13-89 Hillcrest Development to vacate German Street between Cope Avenue and Castle Drive. They wish to create four small lot, single dwelling properties along the north side _ of Cope. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Cardinal presented the Planning Commission recommendation. e. Mayor Greavu called for persons who wished to be heard for or against the proposal, The following expressed their opinions: Ruth Lang, 2227 German Street Gary Gerke, 1252 Cope Avenue f;' Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 89-2-12 WHEREAS, Hillcrest Development initiated proceedings to vacate the public interest in the German Street right-of-way located between Castle and Cope Avenues. 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 January 12, 1989. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on February 13, 1989, 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: 1. Lots 1 and 30, Block 10 2. Lots 15 and 16, Block 11 3. Lot 30, Block 7 4. Lot 16, Block 6 11 2-13-89 All in Dearborn Park, Section 11, Township 29, Range 22. 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. Traffic from the BW, business warehouse planned portion of this property should be discourage from traveling through the RM, residential medium and RL, residential low density planned areas to the south. 2. There is no public need for this street right-of-way. 3. All adjoining property can be adequately accessed from Castle or Cope Avenue. This vacation is subject to the retention of a utility easement over the west 33 feet of the entire right-of-way to be vacated. Seconded by Councilmember Anderson. Ayes - all. 4. 7:30 P.M., Conditional Use Permit or Rezoning: County Road D, Maplewood Knoll Apartments (4 Votes for Rezoning). a. Mayor Greavu convened the meeting for a public hearing regarding the request of N. Walter Goins to approve a conditional use permit to construct a multiple dwelling complex on property zoned (BC) Business-Commercial. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Cardinal presented the Planning .Commission recommendation. e. Mike Podelwiltz, the developer, spoke on behalf of the proposal. f. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: - Ken Bowser, 1765 E. County Road D g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to table this item until the property owners can meet and reach an agreement. Seconded by Councilmember Bastian. Councilmember Bastian withdrew his second. Motion died for lack of a second. i. Councilmember Juker moved to table this item for two weeks and refer it to Staff 12 2-13-89 for further investigation such as traffic, etc. Seconded by Councilmember Bastian. Ayes - Councilmembers Anderson, Bastian and Juker. Nay - Mayor Greavu. G. AWARD OF BIDS 1. Staff Cars I a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the purchase of five (5) 1988 Chevrolet Corsairs at average cost of $8,330 from Thane Hawkins Polar Chevrolet. Seconded by Councilmember Anderson. Ayes - all. 2. "Maplewood in Motion° a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to accept the bid of Sexton Printing, Inc., for six (6) newsletter 28 pages each issue, 10,000 copies at $15,660 and that a budget transfer of $4,300 from the General Contingency Fund to cover the extra costs for 6 issues. Seconded by Councilmember Bastian. Ayes - all. ~ H. UNFINISHED BUSINESS 1. Ordinance: Workers Compensation Coverage For Elected Officials (1st Reading) a. Manager McGuire presented the Staff report. b. Mayor Greavu moved first reading of an ordinance providing workers compensation coverage for elected officials of the City and municipal officers appointed for a regular term of office. Seconded by Councilmember Bastian. Ayes - all. 2. Maplewood Fire Fighters' Relief Association a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the amendment to the Maplewood Fire Fighters' Relief Association By-Laws raising the pension from $1,100 to $1,300 per year of service. Seconded by Councilmember Anderson. Ayes = Mayor Greavu, Councilmembers Anderson and Bastian. 13 2-13-89 Councilmember Juker abstained. 3. Dispute Resolution Center a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to contribute $250.00 to the Dispute Resolution Center and that after one year the services be re-evaluated. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS 1. Conditional llse Permit Renewal: 1810 E. County Road B (Fulk) a. Manager McGuire presented the Staff report. b: Director of Community Development Olson presented the specifics of the proposal. c. Councilmember Juker moved to table this item until such time as Mr. Fulk can appear before the Council. Seconded by 2. Rezoning Initiation: County Road C (Mogren) a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to waive the requirement of a petition signed by 50% of the surrounding property owners within 200 feet of the property in question. Seconded by Councilmember Anderson. Ayes - all. 3. Code Amendment: Zoning Initiation (1st Reading) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Commissioner Cardinal presented the Planning Commission report. d. Mayor Greavu moved first reading of an ordinance to amend the zoning code that would delete the requirement for a petition of surrounding property owners to apply for an amendment to the zoning code. Seconded by Councilmember Juker. Ayes - all. 4. Home Occupation: 2109 Lydia Avenue (Fritsche) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. 14 2-13-89 c. Mrs.-Carol Fritsche, the applicant, who wishes to conduct a skin and hair care salon in her home at 2109 Lydia, is asking for a variance so she does not have to provide for the handicapped by constructing a ramp. d. No action taken. 5. Ariel Street - County Road B to Cope Avenue - Project 88-11 a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89-2-13 WHEREAS, the City Clerk and City Engineer have determined final costs for the improvement of Ariel Street - County Road B to Cope Avenue, City Project 855-I1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUPICIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement 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. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Juker Nay - Councilmember Bastian c. Mayor Greavu introduced the following resolution and moved its adoption: 89-2-14 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Ariel Street - County Road B to Cope Avenue, City Project 88-11, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAFLEWOOD, MINNESOTA: 1. A hearing shall be held on the 13th day of March, 1989, 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 - 15 2-13-89 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 to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Juker. Nay - Councilmember Bastian. 6. Ferndale Storm Sewer - Project 87-20: Schedule Assessment Hearing a. Manager McGuire presented the Staff report. b: Director of Public Safety Ken Haider presented the specifics of the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: 89-2-15 WHEREAS, the City Clerk and City Engineer have determined final costs of the improvement of Boxwood Avenue from McKnight Road to Ferndale Storm Sewer, City Project 87-20. N041, 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 improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by lavr, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Juker. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 89-2-16 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Ferndale Storm Sewer, City Project 87-20, and the said assessment 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 13th day of March, 1989, at the City Hall at 7:10 P.M. to pass upon such proposed assessment and at such time and place 16 2-13-89 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 to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Juker. Ayes - all. 7. McKnight Road Phase 3 - Conway to Beaver Lake Project 87-OS - Schedule Public Hearing a. Manager McGuire presented the Staff report b. Mayor Greavu introduced the following resolution and moved its adoption: 89-3-17 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of McKnight Road Phase 3, Conway to Beaver Lake, City Project 87-OS by construction of street and utility improvements, 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 McKnight Road Phase 3, Conway to Beaver Lake, City Project 87-OS by construction of street and utility improvements 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 MSA Chapter 429, at an estimated total cost of the improvement of $3,371,213.11. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 13th day of March, 1989, 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 - Mayor Greavu, Councilmembers Anderson and Juker 17 2-13-89 Nay - Councilmember Bastian 8. Southlawn Avenue, Project 85-17, Change Order Two a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89-2-18 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85-17 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 85-17 Change Order Two in the amount of $7,039.95 fqr a total of $449,986.97. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUP7CIL OE MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Two. Seconded by Councilmember Juker. Ayes - all. 9. T.H. 36 Access Closures a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the concept of the access between Barcla and Hazelwood on the north side of T.H. 36. Seconded by Councilmember Juker. Ayes - a11. J. VISITOR PRESENTATION 1. Roger Anitzberger a. Mr. Anitzberger questioned if the access to T.H. 36 by Ariel Street is to be closed. b. Staff stated that access is going to be a permanent closure. K. COUNCIL PRESENTATION 1. League of Women Voters Councilmember Anderson wished to thank the League of Women Voters for their support. 2. Menards a. Councilmember Bastian stated he thought that when Councilmember Anderson presented his motion to include times of operation, he feels the hour of 7:00 A.M. is too early. 18 2-13-89 b. Staff stated that was not included in the Motion. It is understood Menards hours to be 9:00 A.M, to 9:00 P.M., Monday through Friday, and 10:00 A.M, to 6:00 P.M. on Saturday and Sundays. There is no ordinance that would change the hours. c. Council stated this could be discussed when the Conditional Use Permit comes up for renewal. 3. Art a. Councilmember Bastian requested money be set aside for purchasing art work from the artists who display their work at City Hall. b. No action taken. 4. Noise Ordinance a.. No discussion. 5. Cable a. Councilmember Anderson stated he is receiving a lot of "Flack" because Council is not putting their meetings on Cable. b. Staff to research the cost of using Cable. 6. Open Space - Fish Creek a. Councilmember Anderson questioned what the costs for open space. b. Councilmember Anderson moved to instruct Staff to investigate legislative costs for open space. Seconded by Councilmember Bastian. Ayes - all. 7. Taxi Cab Home Occupation Permit a. Councilmember Juker stated she has received complaints about Mr. Catlin violating his permit conditions. b. Staff to investigate. 8. Mr. Donut - Rapid Oil a. Councilmember Juker requested the access from White Bear Avenue be researched. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:35 P.M. City Clerk 14 2-13-89