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HomeMy WebLinkAbout1983 01-10 City Council PacketRESOLUTION FOR REDUCTION OF RETAINAGE ON AWARDED CONSTRUCTION CONTRACT WHEREAS, the Ci has awarded a construction con •tract on April 15,1982 with the appropri ate erformance a •p and payment surety es , and WHEREAS, the construction has r •p oceeded on schedule and portofwhichhavebeensubstantiallycomfeted•P NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN CIS- OF MAPLEWOOD,MINNESOTA that the City Engi shall reduce the a ent ronthe. H i 1 l wood Drive -- p J eta WageDorlandRoadProjectNo. 78 -10 from fivepercent (5%) to two percent (2%) of the value oftodate, the work completed RESOLUTION BE IT RESOLVED BY THE PSI CITY COUNCIL OF THE CITY OF MAPLEWOODNNESOTA: The Infiltration /Inflow Analysisalysis for Maplewood, Minnesota preparedpared by Tol tz, King, Duvall, , Anderson and Associates, Inc. and Planning Deli gn and Research Engineers, veers '9 inc. is accepted by the City. RESOLUTION ACCEPTING WORK.AND ORDERING FINAL PAYMENT WHEREAS, pursuant to an amended written contract approved bytheCityonJune4, 1981, U.' D. Contracting Inc. ofg Brooklyn Park,Minnesota has completed Maplewood Improvement Proj 80 -02 inaccordancewithsaidamendedcontract, NOW, THEREFORE, BE IT RESOLVED BY THE IC TY OF MAPLEWOOD,MINNESOTA. The work completed under said amended con acceaccepted and a tract s herebyPapproved, and BE IT FURTHER RESOLVED: That the City lerk and MdirectedyMayor areherebytoissueaproperorderforthefinalpaymenton suchcontract, taking the contractor's receipt i n full, o- 1 RESOLUTION NO. v • WIN I A v A IP 14V 4 hTHUT.A pursuant to the provisians of that Judgment of the Panisey County District Court dated, filed and entered the 31st day of July , . 1980 , the Maplewood City Council proposes to reassess for local public m'provenmts cormnly known and numbered as Beam Avenue Assessments, Projects No. 70 and 71 those parcels of real property in the any= . ts as more particularly described herein- after, to wit: NOW, THEREFORE ir follows: That the proposed assessment set forth in Exhibit "A -1" attached is hereby accepted and stall constit ' the special assessment againstp said parcels and that each said parcel is found to benef it by the local public improvement in the amount of the assessment levied against it . 1. 2. BE IT RESMVED by the Counc it of the City of Maplewood as That the assessment for Project No. 70 -5A for street, curb and gutter and for Project No. 71 -15 for street and bridge, shall be payable in equal annual install rots, extending over a period of three (3) years; the f irst of the installments to be payable on or a.f ter the f irst Monday in January., 1983 and shall bear interest at the rate of seven 7%) per cent per annum f rom the date of the adoption hereof . To the f first inst.allnmt shall be added interest on the entire assessment f ran the date of this resolution until December 31, 198 2. To each subsequent in stal fit, when due, spa 11 be added interest for one year an all unpaid installments. That the terms and provisions of Resolutions No . 76-81-160, 161 and * 16 2 , insofar as they are not otherwise inconsistent hereN4ith are incorporated herein by ref erence . at the City Clerk shall forthwith transmit a certified chiplim cate of this assessment to the Ramey Co Auditor to be extended on the property tax - lists of said Co and such assessments shall be collected and paid over in the same manner as I other municipal tomes. this 25th day of October, 1982. Mayor SEAL ) Manager Attest: City Clerk Approved as to form: City Attorney r s : 00000J 1 sOLUTION NO, STPTE OF . MTiVES10TA COUNTY (&' RAMSEY Cl'I'Y CF NAPIEnAOD l H1 ,purest to the provisinos of that Jud t of the Rams, County Court dated, filed and entered the 31st clay of July, 1980, the Maplewood City Council prcyposes to reassess for local public improvenmts cc mnonly knvvn and nurmbered' as Beam Avenue Assessments, Projects No. 70 -5A and 71 -15, those parcels cf real property in the amounts as mare particularly described herein- after, to wit: NOW, URE, BE IT by the Counc it of the City of Maplewood as f ollows : 1. not the proposed assessment set forth in Exhibit "A -1" attached is hereby accepted and shall constitute the special assessment a a inst said g parcels and that each said parcel is found to benef it by the local public iWrovenmt in the t of the assessment levied against it. 2. - mat the assessment for Project No. 70 -5A for storm sewer and Project No . 71 -15 for sanitary sewer, water and strm sewer shal a yab le .in equal annual installments extending over a period of ( ) Ci -3 years, the first of the installments to be payable cn Cr after the f first Monday in January, 1983, and shall bear interest at the rate of seven (7%) per Cent per annum fram the date of the a con hereof. Itot n.:I= j,, j C 1 ti TAP'!" i L l'n a± ! T' IdA An-q& 'r rVW +7 r n1 7.v&\ seven I Me To the f irst installment 1 be added interest on the entire assessment from the date of this resolution until December 31, 1982,o Zb each subsequent in stal lnmt, when due, sha 11 be added interest for Done year an all unpaid installments. 7hat the terms and provisions of Resolutions No., 76 -81 -16 0 , 161 and 16 2 , insofar as they are not otherwise inconsistent herewith are incorporated herein by reference. . Zhat the City Clerk mall forthwith transmit a certified cupli ate of this assessment to the Raw*ey County Auditor to bp extended on the property tax lists of said County and such assessments shall be collected and paid aver in the same mumer as other mznicipal taxes. this 25th day of October, 198 2 . SEAL) Mayor Manager Attest: City Clerk Approved as to form: City Attorney STATE OF MINNESOTA APPLICATION FORDEPT. OF ENERGY, PLANNING AND DEVELOPMENT SMALL CITIESS GRANT PROGRAMOFFICEOFLOCALGOVERNMENTPAGE12 23. RESOLUTION OF SPONSORSHIP. Sponsoring units of government must adopt and submit the following r an equivalent •g q ent resolution. Thisresolutionmustbeadoptedpriortosubmissionoftheapplication. Be it resolved that the Ci tY of Ma 1 ewood sponsoring unit of government act as sponsoring unit of government for.the project titled Ma 1 ewood . Hous i n Im rp ov ent Prog amfromApri , 1983 until the funds are expended. Inittobeconducted h P t al al l ocat on g all funds w i l l be duration dates) made the first ear.Y The CLt Manage Title of Authorized Official) s hereby authorized to apply to the Minnesota Department of Energy, Planning and Development for fundin g of this project on behalf of the i ty 0 aplewQQd sponsoring unit of governmentwW. I certify that the above resolution was adoptedp by the City Council pofMaplewood City Council, County Board, etc.) (sponsoring nit of government)g g ) on _ January 10, 1983 date) Signed: Witnessed: signature) (signatures C t- Manager Director of Communidate - m ell L' 1 o bmPtitle) n t date) (title) (date) If funds are awarded for this project, a resolution authorizing execution of such agreements as are neg cessarytoimplementtheprojectmustbecompletedbythesponsoringunitofgovernmentpriortocontractact issuance. RESOLUTION ORDERING IMPROVEMENT, APPROVING-PLANS, ADVERTISING FOR BIDS WHEREAS, after du noti of. public hearing on the construction of street and storm sewer improvements on Frost Avenue from Birmingham Street to White Bear. Avenue, a hearing on said improvement i' n accordance wi the notice duly held on December 16, 1982, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; and WHEREAS, the improvement shall be accomplished:" by the Ramsey County Department of Public Works .under the. direction of the County Engineer, and h :e has presented to the Council an agreement for the preparation of the plans and speci fi cati ons , City. and County obligations relating to the construction thereof for - approva l , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA as f o l l o w s : 1. That is is advisable, expedi and necessary that Ramsey County construct street and storm sewer faci l i ties on Frost Avenue from Birmingham Street to White Bear Avenue as described in the notice of hearing thereon, except for the bitumi path, and. orders the same to be made. 2. The agreement with Ramsey County for construction of this project is hereby approved and ordered pl aced on file in the office of the City Clerk. 3. The plans and specifications, a copy of which are attached hereto and made .a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 4. Authorization to advertise for bids is hereby approved. e y , RESOLUTION N0. COUNTY OF RAMSEY CITY OF MAPLEWOOD RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF A SPECIAL EXCEPTION PERMIT WHEREAS, a special exception permit req has been i niti atq e d byKathleenApmantooperateahomebeautyshopforthefollowingdescribed property: Lot 3, block 1 Maryknol 1 Addition, except the north 88- 9p88-9/10 feet Such above property being also known and numbered as 1904 Mar kny oll Avenue,Maplewood, Minnesota WHEREAS, the procedural history of this special exceptioniss P P permit requestafollows: 1. That a special exception permit requestt has been initiatedq pursuanttotherequirementsofsection36 -66 of the Maplewood Zoning Code; 2. That said special exception permit request was referred to and reviewed by the Maplewood Planning Commission on the 20th da y of December, 1982, at which time said Planning Commission recommended to the City Council that said special exceptionon ermi t be approved;P P PP 30 That the Maplewood City Council held a ubl i c hearing to considerPgthespecialuserequest, notice thereof having been published and mailed pursuant to law; and . 4. That the Council considered reports and recommendations of the 'c tystaffandPlanningCommission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that the above - described special exception be granted on the basis of the followingfindingoffact: the beauty shop would meet all city code requirements. Approval is subject to the installation of one ABC firefive-pound B ' re extinguisher. p Adopted this day of , 19 Mayor ATTEST: Z City Clerk z Councilman Nelson introduced the following resolution and moved its adoption 81 BE IT RE OLV BY THE C, Y''C NCIL F MAPL , MINNE A, that the Maplewood Review is de ignt d he O fi ia City fewspaper fo the y ar L981. Seconded b C un ilm n nder on. e. Rule of Pro [e ures Councilman Bastian introduced the W Ayes/"— Mayor Greav, , C uncI1 en Anderson, Bastian an Nel on N s — Coun i 1person ,uk llowing resolution and moved it adoption: 81 — 1 — 5 Section 1. MEETINGS _ zolvd i Regular: The City Council shall hold regular meetings on the and T4ri--rd of each month at 7 :00 P.M. provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Thursday not a holiday. Special _The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty —four hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve hours before the meeting time. Except for trivial matter, business transacted at a special meeting shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Place: All meetings shall be held in the Council Chambers of the Maplewood Municipal Building unless there is a published notice designating another location. Presiding Officers ^ The Mayor shall preside at all meetings of the Council. In the absence of the Mayor the Acting Mayor shall.preside. In the absence of both, the Councilmen shall elect one of their number as temporary chairman. Quorum: Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may adjourn from time to time. Order of Business At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his absence by the Acting Mayor, or in the absence of both by the Clerk. The Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum the Council shall proceed to business which shall be conducted in the following order: 8— 1/8 A. Call to Order B. Roll Call C. Approval of Minutes D. Approval of Agenda E. Consent Agenda F. Public Hearings G. Awarding of Bids H. Unfinished Business Visitor Presentations New Business K. Council Presentations L. Administrative Presentations M. Adjournment Curfew: No additional agenda item will be discussed after 10:30 P.M. No discussion will continue past 11:00 P.M. Meetings adjourned under this policy will be continued to the next Thursday at 7:00 P.M. The continued meeting will start at the point on the agenda where the adjournment occured. No new items will be added to the continued meeting agenda. First-Regular At the first regular Council meeting in January of each year, the Council shall (1) designate the depository of City Funds, (2) designate the official newspaper, (3) choose an Acting Mayor from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (4) review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. Section 2 AGENDA FOR REGULAR MEETING 1) All matters to b submitted to th Co nci1 shall be filed not later than 12:00 Noon on the prior to the ° ` y Council meeting at which conisderatian is desired, and shall be delivered to the City Manager, or in his absence the City Clerk. In unusual circumstances and when the matter does not require in- vestigation, an item may be accepted after the deadline upon the approval of the City Manager. 2) Except for trivial matters, no item or business shall be considered for action by the Council which does not appear on the agenda for the meeting, except that an item or urgent business which requires immediate action and is so determined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all reasonable citi- zen petitions, requests and statements however, such items which do not specifi- cally appear on the agenda shall be deferred to a future meeting for more care- ful consideration and study if Council action, other than filing, is required or requested. The Mayor and each Councilman shall be provided with a copy of the agenda, minutes of the previous meeting, and any other reports and information pertinent to the agenda at least seventy -two hours prior to each regular Council meeting. No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been presented to the City Manager for inclusion on the agenda. 9 - 1/8 Section 3. MINUTES a) The City Clerk shall keep a record of all Councilncil meetings. b) Unless a reading of the minutes of a Council •meeting is requested by a memberof.the Council, such minutes may be approved without readingeading if each memberhaspreviouslybeenpwithacopy. c) The Council may, by motion carried b m ty vote amend the minutes.. Suchamendingmotionshallbecomeapartoftheminutesofthe •subsequent meeting. Section 4. DUTIES OF THE PRESIDING OFFICER: The presiding officer shall preserve strict order and de • u decorum at all meeting oftheCouncil. He shall state every question coming before the Council, announce thedecisionoftheCouncilonallsubjects, and decide 1a 1 questions or order, subject,however,to an appeal to the Council in which event a majority vote of the Councilshallgovernandconclusivelydeterminesuchuestion questions and on a roll call q s or order. He may vote onall a 1 vote determine the order in which votes are cast. Section 5. RULES OF DEBATE: a) The Mayor or other Presiding Officer ma movey second and debate from the chair,subject only to such limitations of debate as are b the r' Y rules imposed on allmembersandshallnotbedeprivedivedofanyoftherightsandprivilegesofaCouncilmanbyreasonofhisactingasthePresidingOfficer.ices. b) Every member desiring to speak shall address 'the chair, and upon recognitionbythePresidingOfficershallconfiunehimselftothe avoiding all personalities and indecorous language question under debate c) A member, once recognized, shall not be interruptederrupted when speaking unlessitbetocallhimtoorderortovoteonamotiontoclose provided. a debate, orashereinotherwisePIfamember, while speaking, be called toorder, he shall cease speaking until the question of order • er is determinedandifinorder, he shall be permitted to proceed. d) A motion to reconsider any action taken b thee Council must be made at meetingatwhichsuchactionwastakenoratthenextregularmeeting a member of g ng of the CouncilandmustbemadebYtheCouncilwhovotedwiththeprevailingside, provided that if such motion to reconsider is ass •P ed, then the partiesentitledtonoticeontheoriginalactionshallbenotified, and the recon-sideration of the action shall be taken at the next regularglar meeting follow-ing passage of the motion to reconsider. r e) A Councilman may request, through the Presiding •g ing Officer, the privilegeofhavinganabstractofhisstatementonansubjectunder •by the Council or the re y s der consideration reason for his dissent from or support of any actionoftheCouncil, entered in the minutes. Such a requestQ may be made atthetimeofsaidactionorconsiderationoratthetimeoftheadoptionofsaidminutes. Unless the Council, b motion objectsY , ts, such statementsshallbeenteredintheminutes. 10 . 1/8 f ) The Clerk shall enter in the minutes a synop •of the discussion on anyquestioncominginproperorder.before the Council., Section 6. ADDRESSING THE COUNCIL: Any" person desiring to address the Council shall firstofthePresidingOfficer, secure the permission Each person addressing the Council shall give his name and ad •tone for the records and unless ress in an audible ss further time is granted by the Presiding Officershalllimithisaddresstofiveminutes, except at a publicPp hearing when thelimitshallbetenminutes. All remarks should be address • a body and not to an member. N addressed to the Council as Y o person other than the Council and the personhavingthefloor, shall be permitted to enter into any discussion, either directlyorthroughamemberoftheCouncil, without the ermission o -P f the PresidingOfficer. No question shall be asked a Councilman or any member of the Adminis—trative Staff except through the Presiding Officer. Section 7. GENERAL RULES OF ORDER: Robert's Rules of Order and Robert's Parliamentary aw sh 1 parliamentary y a 1 be accepted asanauthorityonPypracticeonmattersnotspecificallycovered andincaseofaconflicttheserulesshallgovern, Section 8. VOTING: Unless a member of the Council states that he is not voting, his silence shallberecordedasanaffirmativevote. Section 9. DECORUM AND ITS ENFORCEMENT: The Council members, while the Council is in session mustdecorum., and member shall neit -her b ' preserve order and y cony ersation or otherwise, delay or inter—rupt the proceedings or the peace of the Council nor disturb any member whilespeakingorrefusetoobeytheordersoftheCounciloritsPresidingOfficerexceptasotherwisehereinprovided. ' Section 10. ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS: a)- Ordinances, resolutions, and other matters or subjectsbects requiring actionbytheCouncilshallbeintroducedandsponsoredbamember * Man Y ber of the CouncilexceptthattheCitygerorAttorneymaypresentordinances, resolution.sandothermattersorsubjectstotheCouncil. b) Every ordinance and resolution shall be resented •P in writing and read infullataCouncilmeeting; provided, however, that the reading of an ordinanceorresolutionmaybedispensedwithbyunanimousconsent. Uponp the vote 11 — 1/8 on ordinances, resolutions and motions, the ayes and nayes shall be recordedunlessthevoteisdeclaredunanimous. Upon the request of any member of the Council, the vote shall be by roll call of all members of the CouncilasprovidedunderDUTIESOFTHEPRESIDINGOFFICERinthisresolution. A majority vote of all members of the Council shall be required forq the passage of all ordinances, motions and resolutions except as otherwise provided by law. c) Every ordinance other than emergency ordinances shallgY have two publicreadingsasprovidedinSubsection (b) of this Section, and at least fourteendaysshallelapsebetweenthefirstreadingorwaiverthereofandthesecond reading or waiver thereof. d) An emergency ordinance is an ordinance necessary or 'y the immediate preservat-ion of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a vote of at least four members oftheCouncil, as recorded by ayes and na es. No • on the Y prosecution shall be baseduponprovisionsofanyemergencyordinanceuntilthesamehaswiththeCityClerkandpostedinthree been filed conspicuous places in the City andtwenty -four hours after such filing and posting hall havetheordinancehasbeenPublished, g e elapsed or until P un less the person, persons, firms or cor or-ations charged with - violations thereof shall have had p thereof prior to the act or ommis sion complained of, notice of the passage e), All ordinances and resolutions shall be filed with the Clerk and made a partoftheminutes. Reports, petitions and correspondence shall be filed with theClerkandmadeapartoftheminutesbyreference. " Section 11. CONDUCT OF CITY EMPLOYEES: a) The City Manager may take part in the discussions of the City Counci and mayrecommendtotheCouncilsuchmeasuresashemaydeemnecessaryforthewelfareofthepeopleandefficientadministrationoftheaffairsoftheCity. Heshallhavealltherightspowersandduties Y P s prescribed by Minnesota Statutesinregardthereto, however, it is recognized that the City Council is the Policy making body for the City and the City Manager shall confine his discus-sions at Council meetings to statements of fact, recommendations based onhisknowledgeandexperienceandexplanationsofthereasonsforthesame and any matters pertaining to administration. b) The City Attorney may not take part in the discussions of the City Cuncit except to answer questions directed to him, comment on matters involving legalposersorproceduresoftheCity, and to present factual material to the Council. c) No City Employee, other than the City Manager or Attorney, hall enterter into discussionsoftheCityCouncilexcepttoanswerquestionsdirectedtosuchem-ployee, or to present factual information. d) The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee when such appearanceismadeasataxpayerormemberofthepublic, for or against some P articularissueunderdiscussionbytheCouncilwhensuchemployeehasaninterestinthe outcome thereof . 12 - 1/8 Section 12, WAIVER: By 4/5 consent of all Councilmen these rules m •may be waived. Section 13, A TN Tn7TnATAxTnikf A motion to adjourn shall always be in order •d without debate. Seco \ded by Councilman Nelson,Ayes —y all f. Subu ban ate Authority Councilman And rson introduced the following resol 'ut n and moved its adoption: 81 — 1 _ 6 K, BE IT RES VED BY THE CITY COUNCIL OF E CITY OFasfollows MAPLEWOOD, MINNESOTA Mayor John Gre -ereby di delnat as a director of the Suburban Rate Author—ity, and Manager B rry R. Evans s ereby designatedg to serve as alternatedirectoroftheSubrbanRateAorityfortheyear1981anduntiltheir suc—cessors are appointe Seconded by Councilman elso Ayes — all, 2. Park Acquisition Charge a. Councilman Bastian. v a rove th recommended, p e 1981 Park Acquisition charge as Seconded by Councilma Anders o Ayes — .y alI 3. 1981 Animal Control Contract Councilman Bastia moved to app ov the 1981 Animala Control Contract withM.A,P,S,I, as rec mm Seconded by Cou cilman And on. Ayes —y all, COUNCIL PRESENTATI NS 1. March Meetin a. Council erson Juker sta d she would; e u able toinMarch. ' in the 1st meeting b. Counci man Anderson owed to t the 2nd and h Thursdays in March ' forregularCuncilmeetins. Councilman`_Anderson withdrew his motion, 13 - 1/8