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HomeMy WebLinkAbout07-23-90 'C'. Ii ....-=.. AGDDA DPLBWOOD CIft COUIICIL 7.00 P.M., Monday, July 23, 1990 and ..30 P.M., Thur.day, July 26, 1990 COuncil Chamber., Municipal Building Meeting No. 90-16 A. CALL 'l'O ORDER B. ROLL CALL C. APPROVAL OF MINUTES 1. Minute. of Meeting No. 90-13 (June 25, 1990) 2. Minute. of Meeting No. 90-14 (July 9, 1990) 3. Minute. of Meeting No. 90-15 (July 10, 1990)' D. APPROVAL OF AGENDA J I. . CONSENT AGENDA All matters li.ted under the COn.ent Agenda are con.idered to be routine by the City COuncil and will be enacted by one .-otio.o. There will be no .eparat. discu..ion on the.e it.... If a ..-ber of tb. City COuncil wi.he. to di.cus. an' item, that item will be ~ved from the COn.ent Agenda and will be con.idered .eparately. J 1. Approval of Claim. 2. Propo.ed Policy For Sewer Fund ca.h Balance 3. COnditional U.. Permit Renewalt Bill.id. Center 1'. PUBLIC BEARINGS 1. 8.20 P.M., OD-Sal. Intoxicating Liquor Licen.. - Chi Chi'. ~ 2., 8.30 P.M., COpe Avenue and Ariel Street a. Detachment and Annexation b. Plan Amendment (4 Vot..) t. c. Resonin9 (4 Vot..) ~ -, f ~~, :;, .:. t~ d. A....ament Reduction " G. AWARD OF BIDS B. UNFINISHED BUSINESS 1. Open Space I. NEW BUSINESS 1. Schedule Meeting To Review 1989 Annual Financial Report 2. Fitne.. Center Coverage 3. 2264-2292 Larpenteur Av.nue 4. Underground Storage Tank Permit Fe. f "r 5. M.chanical Permit F... 6. Beaver Lake and Hillside Neighborhood Land Use Plans 7. Speed Zone 8. Kennel Licen.e 9. Community center Advisory COmmittee Appointments 10. Brooks Avenue Water Main, Project 88-08 - Change Order Two 11. COndor Storm Sewer - W.stern Branch, Project 86-01. Approve Plan. 12. White Bear Avenue - Larpenteur to Frost, Project 89-12: Approve Plans 13. county Road C - White Bear to Ariel, proj.ct 86-25: Schedule Asses...nt Hearing 14. Gervais Avenue - Bnqli.h to MnDOT Lab, Project 88-14: Schedule A....sment Searing ~ 15. 80uthlawn A...nue - Beam to COunty Road D, Project 85-17: Schedule A..e..ment Bearing 16. Bucl98t Transfer - VBM Fund 17. Pre.entation 1991 Budget r :~ i ,.J ~; '" l!, ( i , ~; :~ ~ 18. AMM Due. --.;..:: - : 19. City Sall Update J. VISI'l'OR PRESENTATIONS - K. COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. L. ADMINISTRATIVE PRESENTATIONS 1. Charitable Gambling Ordinance 2. 3. 4. 5. ~ M. ADJotJRIOIBRT or MEB'l'ING f ( ;,; .f! ~ '1Iff. .~ * , 1 t (- MINtJTBS OP MAPLBWOOD CITY COUNCIL 7:00 P.M., Monday, July 23, 1990 Council Chambers, Municipal Building Meeting No. 90-16 A. CALL TO ORDER A regular meeting of the City Council of Maplewood,Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M., by Acting Mayor Rossbach. B. ROLL CALL George F. Rossbach, Acting Mayor Gary W. Bastian, Councilmember Frances L. Juker, Councilmember Joseph A. Zappa, Councilmember Present Present Present Present Councilmember Gary Bastian received his Oath Of Office as Mayor of Maplewood by the City Clerk, received the gavel, and was seated. Councilmember Zappa moved to aDPOint Dale Carlson as Councilmember to fill the vacancv created bv Councilmember Bastian aDPOinted Mavor. Seconded by Councilmember Juker. Ayes - all. ( Dale Carlson received his Oath Of Office as Councilmember of Maplewood by the City Clerk and was seated. C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 90-l3 (June 25, 1990) Councilmember Zappa moved to aDDrove the Minutes of Meetina No. 90-13 (June 25. 1990) as submitted. Seconded by Councilmember Rossbach. Ayes - all. 2. Meeting No. 90-14 (July 9, 1990) Mayor Bastian moved to table aDDroval of Minutes for Meetina No. 90-14 (Julv 9. 1990) for further investiaation. Seconded by Councilmember Rossbach. Ayes - all. 3. Minutes of Meeting No. 90-15 (July 10, 1990) Councilmember Zappa moved to aDDrove the Minutes of Meetina No. 90-15 (Julv 10, 1990) as submitted. I I 1 7-23-90 Seconded by Councilmember Zappa. Ayes - all. D. APPROVAL OF AGENDA Mayor Bastian moved to a99rove the Aqend& as amended= 1. Crown Plaza 2. Fourth of July Fireworks Report 3. Red Wagon Liquor Sign 4. Erosion Control Erosion 5. ~Highway 36 - Noise and Congestion Report 6. N.L.C. 7. Public Hearings - Add L-2 Seconded by Councilmember Rossbach. Ayes - all. E. CONSENT AGENDA Councilmember Zappa movedf Seconded by Mayor Bastian, Ayes - a~l, to approve the Consent Aqenda~ Items E-1 throuqh 3 as recommended. 1. Approval of claims Approved payment of the following claims~ ACCOUNTS PAYABLE: $ 806,108.32 $ 93,773.36 $ 899,881.68 Checks $10512 thru $10583 Dated 6-28-90 thru 7-11-90 Checks $6630 thru $6751 Dated 7-23-90 Total per attached voucher/check register PAYROLLs $ 194,428.83 $ 36.827.12 $ 231,255.95 Payroll Checks Payroll Deductions Total Payroll $1,131,137.63 2. Proposed Policy For Sewer Fund Cash Balance Approved the recommendation that a cash balance be maintained in the Sewer Fund equal to 10% of its annual budgeted expenses plus an amount equal to the cost of replacing a sewer lift station. 7-23-90 3. Conditional Use Permit Renewal= Hillside Center Approved the renewal of the conditional use permit for Hillside Center, McKnight Road and Larpenteur Avenue for five years subject to the original conditions of approval. NEW BUSINESS 1. Schedule Meeting To Review 1989 Annual Financial Report. a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to establish a meetinq date of Auqust 13, 1990. 6=30 P.M.. in the Council Chambers to review the financial report and audit. Seconded by Councilmember Rossbach. Fitness Center Coverage a. b. Ayes - all. Manager McGuire presented the staff report. Councilmember Rossbach moved to accept the report. Seconded by Councilmember Zappa. 3. 2264-2292 Larpenteur Avenue Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach and Zappa Nay - Councilmember Juker. a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the s~ecifics of the problems. c. City Attorney Bannigan explained the City's position. d. Mr. Jeffrey Cook, Attorney representing Sam Cave, explained their proposal. e. Mr. Sam Cave presented his reasons for not putting brick on all four sides of the house moved on to house No. 2. Mr. Cave further stated he was not a partner of Mr. Leibermann and Mr. Cody when this venture began. f. Mayor Bastian asked if Mr. Cody wished to speak before the Council, but Mr. Cody left the meeting. g. Councilmember Rossbach moved to reaffirm the red taqqinq of House No. 2 and the red taa will remain until the aDDlica~t~ comply with all ~f the conditions, specifically that house No. 2 shall be bricked on all four 3 7-23-90 sides; stones and brick on the front side and that the foundation be prepared with 4 inch set in blocks to hold the brick. Seconded by Councilmember Zappa. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Ayes - all. Open Space a. Manager McGuire presented the staff report. b. Director of Park and Recreation Odegard presented the specifics of the report. c. commissioner Don Christianson presented the parks and Recreation Commission report. d. Councilmember Zappa moved to table. I. NEW BUSINESS (Continued} 4. Underground Storage Tank Permit Fee Ayes - Councilmembers Carlson, Juker and Zappa Nays - Mayor Bastian, Councilmember Rossbach. a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Councilmember Rossbach moved to take no action on the refund request and introduced the followinq resolution and moved its adoDtion~ 90 - 7 - 116 WHEREAS, the City of Maplewood inspects fuel tanks when installed and removed. WHEREAS, the City may charge fees to cover its expenses for such inspections. NOW, THEREFORE, BE IT RESOLVED that the City Council approves charging fuel tank permit applicants permit fees based on the State Building Code fee schedule with no plan check fee plus the state surtax charge. 4 7-23-90 Ayes - all. Seconded by Councilmember Zappa. F. PUBLIC HEARINGS 1. 8=20 P.M., On-Sale Intoxicating Liquor License - Chi Chi's a. Mayor Bastian convened the meeting for a public hearing regarding the application of Stanley M. Smith for an Intoxicating Liquor License for Chi Chi's Mexican Restaurants, 3069 White Bear Avenue. b. Manager McGuire presented the staff report. c. Carol Miller, Legal Assistant representing Stanley Smith and Chi Chi's, spoke on behalf of the application. She stated Mr. Smith will be the on-site manager. d. Mayor Bastian called for proponents and opponents. None were heard. e. Mayor Bastian closed the public hearing. f. Mayor Bastian moved to approve the application of Mr. Smith subject to his meet£nq with Staff on July 24, 1990r to discuss the rules of havinq a~ On-Sale Intoxicatina Liauor License and introduced the followina resolution and moved its adoption= 90 - 7 - 117 NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood on July 23, 1990, an On-Sale Intoxicating Liquor License was approved for Stanley Smith, dba Chi Chi's, 3069 White Bear Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Zappa. A~es - all. 2. 8~30 P.M., Cope Avenue and Ariel Street a. Detachment and Annexation b. Plan Amendment (4 Votes) c. Rezoning (4 Votes) d. Assessment Reduction 1. Mayor Bastian convened the meeting for a public hearing regarding the request of Mr. Mario Cocchiarella for approval of the following items~ Detachment of a 1.7 acre parcel from Maplewood and concurrent annexation of the property to North St. Paul. 5 7-23-90 be A Comprehensive Plan amendment from BW (business warehouse) to RL (residential low density) for the 1.1 acres that will remain in Maplewood. Rezoning of the 1.1 acres from M-1 (light manufacturing) and R-2 (double dwelling) to R-1 (single dwelling). City staff is proposing to include the water tower site in the rezoning. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Mr. Marlo Cocchiarella, the applicant, explained his requests. Commissioner Dennis Larson presented the Planning Commission report. 6. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following expressed their views~ Gerald List, 2285 No. 7th Street, North St. Paul Resident, 2260 Ariel Orville Kemp, 1995 Laurie Road Dave Edson, 2211 Stanich David Valentine, 2266 Jennifer Lane Jim Williams, 2200 Stanich Bill Jackson, 2247 Jennifer Lane Jim Promisch, owner of property in the area Gary Tankenoff, owner of property in the area 7. Mayor Bastian closed the public hearing. 8. Detachment and Annexation Councilmember Rossbach introduced the fo~lowinq resolution and moved its adoption= 90 - 7 - 118 (Resolution has not been prepared as developer has not supplied legal description). Seconded by Mayor Bastian. Ayes - all. 9. Plan Amendment (4 Votes) Councilmember Juker introduced the followinq resolution and moved its adoption= 6 7-23-90 90 - 7 - WHEREAS, Marlo Cocchiarella applied for an amendment to the City's Comprehensive Plan from BW, business warehousing and RM, residential medium density to RL, residential low density. WHEREAS, this amendment applies to the land 320 feet west of Ariel Street, between Co~e Avenue and Castle Avenue. WHEREAS, the history of this plan amendment is as follows~ The Planning Commission held a public hearing on June 18, 1990, to consider this plan amendment. City staff published a notice of this hearing in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone t the hearing a chance to speak and present written statements. The Planning Commission recommended to the City Council that the area on Castle Avenue remain BW and the lots on Cope Avenue be changed to RL. The City Council discussed the plan amendment on July 23, 1990. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described plan amendment for the following reasons~ 1. Single-family homes would create less traffic. 2. The properties to the south and east are single-family homes. Seconded by Councilmember gappa. Ayes - all. 10. Rezoning (4 Votes) Councilmember Juker introduced the followinq resolution and moved ~ts adoption~ 7 7-23-90 90 - 7 - 120 WHEREAS, Mario Cocchiarella applied for a rezoning from M-l, light manufacturing and R-2, double dwellings to R-l, single-family residential. WHEREAS, this rezoning applies to the land 320 feet west of Ariel Street, between Castle Avenue and Cope Avenue. The legal description SUBJ TO VAC ALLEY 7 AVE, SUBJ TO ESMTS; LOTS 23 THRU 30 BLK 6 & i THRU 8 & 27 THRU LOT 30 BLOCK 11 IN THE DEARBORN PARK PLAT, SECTION 11-29-22. WHEREAS, the history of this rezoning is as follows~ The Planning Commission reviewed this rezoning on June 18, 1990. They reconvnended to the City Council that the rezoning be approved for the lots on Cope Avenue only. The City Council held a public hearing on July 23, 1990. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described rezoning for the following reasons~ The proposed change is consistent with the spirit, purpose and intent of the zoning code. me 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 adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the 8 7-23-90 community, where aPpliC~le, and the public welfare. e 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. Seconded by Councilmember Rossbach. Ayes - a11. 11. Assessment Reduction a. Director of Public Works Haider presented the staff report. b. Mr. Cocchiarella explained hie position. c. Councilmember Zappa moved to take no action reaardina the request for assessment reduction and referred the matter to staff to investiaate the Possibility of alternatives. Seconded by Councilmember Rossbach. Ayes - all. NEW BUSINESS ¢Continued) 5. Mechanical Permit Fees a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the followina resolution and moved its adoption: 90 - 7 - 121 NOTICE IS HEREBY GIVEN, that the City Council of Maplewood approves the following fee schedule for Residential and Commercial Heating, Cooling, Ventilation and Gas Piping Permit Fees: Residential Fees~ $ 25.00 Minimum Fee for Permit 10.00 4.00 GAS PIPING - $500.00 valuation or less (repair or installation). Each additional $500.00 cost of repair or installation. GAS OR OIL FIRED FURNACES OR BOILERS 9 7-23-90 20.00 3.00 25.00 4.00 25.O0 4.00 25.00 4.00 15.00 3.00 20.00 25.00 3.00 25.00 25.00 20.00 20.00 20.00 20.00 First 100,000 BTU input or less. Each additional 100,000 input or fraction thereof. WARM AIR OR HOT WATER HEATING SYSTEM First 100,000 BTU input for construction or alteration of any warm air furnace duct work per unit. Each additional 100,000 BTU input or fraction. First 100,000 BTU input per unit for construction or alteration of each hot water system per unit. Each additional 100,000 BTU input or fraction First 100,000 BTU input per unit for installation or replacement of each hot water system per unit. Each additional 100,000 BTUs or fraction thereof. Per unit on unit heaters, based on first 100,000 BTU input. Each additional 100,000 BTU input or fraction thereof. AIR CONDITIONING First 5 tons (60,000 BTUs) of air conditioning per unit. First 5 tons (60,000 BTUs) of cooling for duct work for air conditioning. Each tone (12,000 BTUs) or fraction thereof over first 5 tons for duct work for air conditioning. Wood Burning Furnace per unit Swimming Pool Heater Per unit Air Exchanger with duct work per unit Gas or oil spacer heater per unit Gas direct vent heater per unit Gas fireplace log or heater Per unit 10 7-23-90 COMMERCIAL FEE SCHEDULE Gas Piping, Refrigeration, Chilled Water,Pneumatic Control, Ventilation, Exhaust, Hot Water, Steam, and Warm Air Heating Systems. This fee shall be $50 plus I 1/4 ~ercent of the total valuation of the work. Value of the work mustinclude the cost of installation, alteration, addition and repairs, including fans, hoods, HVAC unite and heat transfer units, and all labor and materials necessary for installation. In addition, it shall include all material and equi~xnent supplied by other sources when those materials are normally supplied by the contractor. The minimum fee shall be $50. Seconded by Councilmember Carlson. Ayes - all. 6. Beaver Lake and Hillside Neighborhood Land use Plans a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to table this item until a future meetino. Seconded by Councilmember Rossbach. Ayes - all. Speed Zone. a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the request to reduce the speed limit on Woodlynn Avenue from White Bear Avenue to McKnight Road. c. Councilmember Rossbach introduced the followina resolution and moved its adoption= 90 - 7 - 122 WHEREAS, Woodlynn Avenue from White Bear Avenue to McKnight Road is an "Urban District" as defined by State Statute 169.01, Subdivision 59. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that Woodlynn Avenue from White Bear Avenue to McKnight Road shall have a 30 miles per hour speed limit. Seconded by Councilmember Juker. Ayes - all. 8. Kennel License a. Manager McGuire presented the staff report. 11 7-23-90 b. Director of Public Safety Collins stated the Animal Control Officer had inspected the kennel at 388 E. Viking Drive and found the conditions of the permit had been met and that one dog has been sold and a kennel license is not needed at this time. c. Councilmember Rossbach moved to acceot the report. Seconded by Councilmember Zappa. Ayes - all. 9. Community Center Advisory Committee Appointments a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to acceot the recommendation of Staff reqardinq the Community Center Advisory Committee and appoint the followinq~ Mr. Thomas Ginzl Mr. Marvin Mahre Mr. James Malley Ms. Lori Tauer Mr. Donald Wiegert A 3M Employee to be named later City Manager Director of Parks and Recreation Member of Park and Recreation Commission Seconded by Councilmember Zappa. Ayes - all. 10. Brooks Avenue Water Main, Project 88-08 - Change order Two a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the followina resolution and moved adoption: 90 - ? - 123 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 88-08 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 88-08, Change Order Two. NOW, THEREFOREv BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOODv MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change order Two in the amount of $260.00. The project budget is amended to $48,500. The project financing is amended as follows~ 12 7-23-90 Existing Proposed Assessments Hydrant Fund $44.974.03 21659.9~ $44.974.03 31525.97 $47,633.94 $48,500.00 Seconded by Councilmember Rossbach. Ayes - all. 11. Condor Storm Sewer - Western Branch, Project 86-01; Approve Plans a. Manager McGuire presented the staff report. b. Councilmember Juker introduced the follow£nq resolution and moved its adoption: 90 - 7 - 124 WHEREAS, pursuant to resolution passed by the City Council on April 23, 1990, plans and specifications for Condor Storm Sewer, Western Branch, Project 86-01, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: Such 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. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10=00 A.M., on the 24th day of August, 1990, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for five percent of the amount of such bid. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and 13 7-23-90 the award of a contract, at the regular City Council Meeting of August 27, 1990. Seconded by Councilmember Zappa. Ayes - all. 12. White Bear Avenue - Larpenteur to Frost~ Project 89-122 Approve Plane a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the followina resolution and moved its adoDtion~ 9O - 7 - 125 WHEREAS, Plans for Project No. S.A.P. 62-655-35 showing proposed alignment, profiles, grades, temporary and permanent easements for the acquisition of right of way on County State Aid Highway No. 65 within the limits of the City as a State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED= That said plans be in all things approved. Seconded by Councilmember Rossbach. Ayes - all. 13. County Road C - White Bear to Ariel, Project 86-25~ Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to direct staff to follow the assessment proposed at the time of the public hearinq. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Rossbach introduced the followina resolution and moved its adoptions 90 - 7 - 126 WHEREAS, the costs for the improvement of County Road C from White Bear Avenue to Ariel Street, City Project 86-25 are complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such 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. 14 7-23-90 FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Juker. Ayes - all. d. Counc£1member Rossbach introduced the follow,ns resolution and moved its adoption: 90 - 7 - 127 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of County Road C from White Bear Avenue to Ariel Street, City Project 86-25, 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: A hearing shall be held on the 27th day of August, 1990, 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. me 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. 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. Councilmember Zappa moved to waive the Rules of Procedures and extend the meetina to finish the Aqenda. Seconded by Councilmember Rossbach. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach and Zappa. Nay - Councilmember Juker. 14. Gervais Avenue - English to Mn. DOT Lab, Project 88-14~ Schedule Assessment Hearing a. Manager McGuire presented the staff report. 15 7-23-90 b. Councilmember Rossbach introduced the fol~owina resolution and moved its adoption: 90 - 7 - 128 WHEREAS, the City Clerk and City Engineer have received costs for the improvement of Gervais Avenue from English Street to Minnesota Department of Transportation Laboratory Driveway; City Project 88-14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such 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 Juker. Ayes - all. c. Councilmember Rossbach introduced the followina resolution and moved its adoption: 90 - 7 - 129 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Gervais Avenue, City Project 88-14, 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: A hearing shall be held on the 27th day of August, 1990, at the City Hall at 7:10 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. 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. 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 16 7-23-90 file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Juker. Ayes - all. 15. Southlawn Avenue - Beam Avenue to County Road D, Project 85-17~ Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Councilmember Zappa ~ntroduced th~ followina resolution and moved its adoptions 90 - 7 - 130 WHEREAS, the City Clerk and City Engineer have received final costs for the improvement of Southlawn Avenue, Beam Avenue to County Road D, City Project 85-17. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City engineer shall forthwith calculate the proper amount to be specially assessed for such 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 Juker. Ayes - all. c. Councilmember Zappa introduced the followina resolution and moved its adoptions 90 - 7 - 131 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Southlawn Avenue, Beam Avenue to County Road D, City Project 85-17, 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~ A hearing shall be held on the 27th day of August, 1990, at the City Hall at 7~20 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. 17 7-23-90 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. 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. 16. Budget Transfer -VEM Fund Ayes - all. a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to authorize a budqet transfer from the VEM unencumbered fund balance in an amount not to exceed S20o000. and to authorize acquisition of replacements for two vehicles in the DePartment of Public Works. Seconded by Councilmember Rossbach. 17. Presentation of 1991 Budget Ayes - all. a. Manager McGuire presented the Council with the proposed 1991 Budget. b. Council set a meeting date of August 16, 1990, to review the proposed budget. 18. AMMDues a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to appFove the payment of $5,747 for the ARM 1991 membership dues. Seconded by Councilmember Juker. Ayes - all. 19. City Hall Update a. Director of Public Works Haider presented the Council with an update of the finishing touches to the City Hall Expansion. J. VISITOR PRESENTATIONS None. 18 7-23-90 Ke COUNCIL PRESENTATIONS 1. Crown Plaza a. Councilmember Rossbach stated he has received complaints regarding the sprinkling system at Crown Plaza (Larpenteur and Rice). It is activated at 12=00 Noon. b. Councilmember Rossbach directed staff to send a letter to Crown Plaza requesting they change the hours for activating their water sprinklers and also directed staff to consider alternatives for sprinkling boulevards. Seconded by Councilmember Zappa. Ayes - all. 2. Fourth of July Fireworks Claims a. Councilmember Zappa questioned how many claims for fireworks' damage had been filed. b. Manager McGuire stated the claims are to be discussed at budget time. 3. Red Wagon Sign a. Councilmember Zappa questioned if staff was aware of the sign in front of the Red Wagon Liquor Store. b. Staff will investigate 4. Erosion Control Ordinance a. Mayor Bastian commented that the City did not have an ordinance controlling erosion. He stated the areas of the Gall Avenue property, Carey Heights Drive and the Brooks site are problem areas. b. Mayor Bastian directed staff to prepare an ordinance regarding erosion control. Seconded by Councilmember Juker. Ayes - all. 5. Highway 36, Noise and Congestion a. Mayor Bastian stated that during the last weekend work was being done on Highway 36 during hours that are outside of the approved hours of operation. b. Staff stated they were aware of this and it was only for that weekend. N.L.C. a. Mayor Bastian stated the National League of Cities Conference will be held in Texas this year. 19 7-23-90 ADMINISTRATIVE PRESENTATIONS 1. Charitable Gambling Ordinance a. Councilmember Zappa moved tO place this item ~ the ne~t Aqenda~ Auqust 1~, 1990. seconded by Mayor Bastian. Ayes - a11. Public Hearings a. Manager Mc~uire informed the Council of the number of public hearings that will have to be held in the next few weeks. b. Council requested a list of the hearings be put on writing. 20 M. ADJOURNMENT 10:59 P.M. 20 7-23-90