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HomeMy WebLinkAbout05-24-1999 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 24, 1999 Council Chambers, Municipal Building Meeting No. 99-12 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 Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: George F. Rossbach, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Kevin Kittridge, Councilmember Absent Marvin C. Koppen, Councilmember Present D. APPROVAL OF MINUTES: Councilmember Allenspach moved to approve the Minutes of Special Meeting 98-10 (May 10, 1999) as presented./corrected: Seconded by Councilmember Koppen Ayes -all Councilmember Carlson moved to approve the Minutes of Meeting 98-11 (May 10. 1999) as presented./corrected: Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Carlson moved to approve the Agenda as amended. M-1. Mini Golf Proposal M-2. Cable Franchise Agreement Update Seconded by Councilmember Koppen Ayes -all F. APPOINTMENTS/PRESENTATIONS 1. City of Maplewood Web Page a. Manager McGuire introduced the staff report. b. Steve Hurley and Jason Schmidt introduced the proposed City of Maplewood Web Page and answered questions presented by the Council. G. CONSENT AGENDA: Councilmember Carlson moved to approve the Consent Agenda. s-zs-99 1 Seconded by Councilmember Koppen Ayes -all 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 103 ,612.04 Checks #7889 - #7900 Dated 5-3 thru 5-5-99 $ 179,299.46 Checks #43569 - #43658 Dated 5-11-99 $ 17,542.36 Checks #7901 - #7908 Dated 5-6 thru 5-13-99 $ 67.792.17 Checks #43663 - #43802 Dated 5-18-99 $ 368,246.03 Total Accounts Payable PAYROLL: $ 294,015.43 Payroll Checks and Direct Deposits Dated 5-14-99 $ 22.765.24 Payroll Deduction Checks Dated 5-14-99 $ 316,780.67 Total Payroll $ 685.026.70 GRAND TOTAL 2. Closure of Fund for Project 96-20 Authorized the closure of the Fund for Project 96-20 by transferring the remaining balance to the Street Construction State Aid Fund and making the appropriate budget adjustments. 3. Conditional Use Permit Review - 2911 and 2923 Highway 61 Reviewed the Conditional Use Permit for Maplewood Toyota and LeMettrey Auto Body Shop at 2911 and 2923 Highway 61. Council will only review these if a problem arises or if the property owners propose expansions. 4. McLeod Communications Right-of-Way Agreement Approved the following agreement with McLeod Telecommunications for use of the city right-of--way. 5. Waiver of Fee -Miscellaneous Permit for Food, Boy Scouts Pack 64 Approved the miscellaneous permit to sell food at the Cross Lutheran Church on June 12 and to waive the $41.00 permit fee. 6. Cigarette and Tobacco Permit - Jeff R. Pomone at Shinders Book Store, 3000 White Bear Avenue Approved the Cigarette and Tobacco Sales License for Jeffrey R. Poone for Shinders Books, 3000 White Bear Avenue. 7. Lions Club Donation for Maplewood Fire Station #1 Accepted the donated monies from the Maplewood-Oakdale Lions Club for the purchase of 20 tables for use at Maplewood Station #1 for public events. 8. Gambling Resolution -Church of Presentation of the Blessed Virgin Mary Adopted the following Resolution: 99-OS-035 AUTHORIZING LAWFUL GAMBLING Church of Presentation of the Blessed Virgin Mary s-zs-99 z BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Church of Presentation of the Blessed Virgin Mary to operate at Church of Presentation of the Blessed Virgin Mary, 1725 E. Kennard, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. H. PUBLIC HEARINGS 1. 7:18 P.M. Schroeder Milk (2080 Rice Street) -Grant Application a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. a Community Development Director Coleman presented the specifics of the report. d. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following person was heard: Robyn Schroeder, representing Schroeder Milk, 2080 Rice Street e. Mayor Rossbach closed the public hearing. Councilmember Carlson moved/introducedthe following Resolution and moved its adoption: RESOLUTION 99-OS-036 LOCAL GOVERNMENT RESOLUTION ECONOMIC DEVELOPMENT PROGRAM BE IT RESOLVED that City of Maplewood act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted on date and that George Rossbach, Mayor and Melinda Coleman, Community Development Director are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of City of Maplewood. BE IT FURTHER RESOLVED that City of Maplewood has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that City of Maplewood has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that City of Maplewood has not violated any Federal, State or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful of corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, City of Maplewood, may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that City of Maplewood certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliances Section (FP-20) of the Business and Community Development Application. 5-25-99 3 AS APPLICABLE, BE IT FURTHER RESOLVED that City of Maplewood has obtained credit reports and credit information from Schroeder Milk Co. and its owners. Upon review by City of Maplewood and Bannigan & Kelly, P. A., no adverse finding or concerns regarding, but not limited to, tax liens, judgements, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED that George Rossbach, Mayor and Melinda Coleman, Community Development Director, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. Seconded by Councilmember Koppen Ayes -all 2. 7:25 P.M. Harvester Area Streets, Project 98-10 (4 votes) a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. a City Attorney Patrick Kelly explained the procedure for the hearing. d. Public Works Director Haider presented the specifics of the report. e. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following person was heard: Margaret Kunde, 937 Glendon Street g. Mayor Rossbach closed the public hearing. Councilmember Carlson moved/introducedthe following Resolution and moved its adoption: 99-OS-037 RESOLUTION ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed on all objections to the proposed assessment for the construction of Harvester Area Streets as described in the files of the city clerk as Project 98-10, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or after the first Monday in January, 2000, and shall bear interest at the rate of 5.9 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1999. 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 the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not 5-25-99 4 made, upon any properties abutting on the improvement 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 maybe 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. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Koppen Ayes -all I. AWARD OF BIDS 1. Harvester Area Streets, Project 98-10 a. Manager McGuire introduced the staff report and presented the specifics of the report. Councilmember Allenspach approved the following resolution for award of bids to Forest Lake Contracting, Inc. In the amount of $676,945.23. 99-OS-038 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Forest Lake Contracting, Inc. in the amount of $767,945.23 is the lowest responsible bid for the construction of harvester Area Streets, City Project 98-10, 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. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. TABULATION OF BIDS Pursuant to due call and notice thereof, a special meeting of the officials designated for a bid opening by the City Council of Maplewood was convened at 10 a.m., May 21, 1999. The purpose of this meeting was to receive, open and publicly read aloud bids for construction of Harvester Area Streets, City Project 98-10 Present were: Assistant City Engineer Chris Cavett, Secretary Judy Chlebeck and Engineering Intern Mike Kuno Following the reading of the notice of advertisement for bids, the following bids were opened and read: Bid Bidder Amount Bond Affid. EEO ADA Adden. Forest Lake Contracting, Inc. $ 676,945.23 5% x x x x North Valley, Inc. 696,486.16 5% x x x x Frattalone Paving, Inc. 725,669.30 5% x x x x Tower Asphalt, Inc. 753,024.91 5% x x x x s-zs-99 s Pursuant to prior instruction of the council, the city clerk referred the bids received to the city engineer instructing him to tabulate same and report with his recommendation at the regular city council meeting of May 24, 1999. Meeting adjourned at 10:05 a.m. Seconded by Councilmember Carlson Ayes -all 2. Sewer Rodder Machine a. Manager McGuire introduced the staff report and presented the specifics of the report. Councilmember Carlson awarded the bid to Flexible Pipe Tool Company in the amount of $33,951.14 including sales tax and declared as surplus property and authorized disposal at state auction of sale Unit Number 618, a 1978 Model RHRS-11, Serial Number F-77290-R, Flexible Pipe Tool Company, sewer rodding machine. Seconded by Councilmember Koppen Ayes -all J. UNFINISHED BUSINESS 1. Resolution of Support for Bruentrup Farm Relocation Project a. Manager McGuire introduced the staff report. b. Assistant to the City Manager Erickson presented the specifics of the report. a Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Robert Overby, 1829 Furness Street, representing the Historical Society Bill Bruentrup, 988 White Bear Avenue Councilmember Koppen moved to approve the following resolution: 99-OS-039 RESOLUTION SUPPORTING RELOCATION OF BRUENTRUP FARM WHEREAS, the Minnesota State Legislature has approved and awarded a $100,000 grant to the City of Maplewood to help fund the cost of relocating the Bruentrup Farm; and WHEREAS, the Bruentrup Farm will become the home of the Maplewood Historical Society which will have a 99-year lease with city for $1 a year with all operation and maintenance costs the responsibility of the Society; and WHEREAS, the state required that an equal amount in cash or in-kind non-state sources be made of which the Bruentrups have agreed to donate $100,000 in cash to the project for this match, in addition to the donation of the farm buildings and equipment; and WHEREAS, the city has agreed to donate the land, engineering, and administration costs; and WHEREAS, the renovation and restoration of the farm buildings will be completed in an in-kind work agreement with the Minnesota Building Trades Council; and WHEREAS, the remainder of the costs will be paid for by non-profit and foundation grants, donations, private contributions and other contributions; and s-zs-99 6 WHEREAS, the city reserves the right to use the Bruentrup Farm as a Nature Center or for programming activities within the Parks and Recreation Department; and WHEREAS, the Maplewood City Council officially approves the relocation route of the Bruentrup Farm along Lydia Avenue to Ariel Street to County Road D. NOW, THEREFORE BE IT RESOLVED, that the Maplewood City Council officially approves the Bruentrup Farm Relocation Project and grants permission to move and relocate the farmhouse, barn, granary, windmill and the remaining three buildings, if funding is secured before the move date, to the city's Open Space Land on County Road D. Seconded by Councilmember Carlson Ayes -all Councilmember Carlson moved to extend the June 7th CounciUMana~er Workshop to 7:30 p.m. for the award of bid for the relocation of the Bruentrup Farm. Seconded by Councilmember Koppen Ayes -all K. NEW BUSINESS 1. Sign Plan Appeal: Buy & Save, Crown Plaza Center (1700 Rice Street) a. Manager McGuire introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. c. Boardmember Matt Ledvina presented the Community Design Review Board report. d. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The following person was heard: John Dietrich, representing the NASH Finch Company Councilmember Koppen denied the request by Nash Finch Company that the city revise the comprehensive sign plan for the Crown Plaza shopping center to allow two cabinet-style signs for the Buy-n-Save store. Also, denied the sign alternative of two 50-inch tall individual letter sign requirements being applied at Crown Plaza. These sins would be noticeably different which would be contrary to the purpose and intent of the city's sign code requirement for comprehensive sign plans. Seconded by Councilmember Carlson Ayes -all 2. Moratorium on Courtesy Bus Bench Applications a. Manager McGuire introduced the staff report. b. City Clerk Guilfoile presented the specifics of the report. Councilmember Carlson moved to place a moratorium on licensing of Courtesy Benches for 90 days or until the passage of an ordinance regarding bench licensing. Seconded by Councilmember Koppen Ayes -all s-zs-99 ~ L. VISITOR PRESENTATIONS NONE M. COUNCIL PRESENTATIONS 1. Mini golf proposal behind the golf dome. Councilmember Carlson moved to send the issue to the Communi . Desi_ Review Board. Seconded by Councilmember Allenspach Ayes -Mayor Rossbach & Councilmembers Allenspach and Carlson Nay -Councilmember Koppen 2. Cable Franchise Agreement -Councilmember Carlson reported that the Franchise Agreement should soon be coming to the Council for a vote in the near future. 3. Mayor' Mailbox -Mayor Rossbach asked for an update from Chief Winger regarding a recent crime in Maplewood. N. ADMINISTRATIVE PRESENTATIONS 1. Referendums -Updates from Hewitt, Guilfoile and Anderson on pending fall election referendums. O. ADJOURNMENT Councilmember Carlson moved to adjourn at 8:35 P.M. Seconded by Councilmember Allenspach Karen Guilfoile, City Clerk s-zs-99 a