HomeMy WebLinkAbout11-25-91 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 25, 1991
Council Chambers, Municipal Building
Meeting No. 91-22
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 Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Juke r, Councilmember Present
George F. Rossbach, Councilmember Absent
Joseph A. Zappa, Councilmember Present
D. APPROVAL OF MINUTES
1.Special Meeting November 7, 1991
Councilmember Zappa moved to approve the minutes of Special Meetinp of November 7,
1991 as presented.
Seconded by Councilmember Carlson Ayes - all
2. Meeting No. 91-21 (November 14, 1991)
Councilmember Zappa moved to approve the minutes of Meetinp No. 91-21 (November 14,
1991) as presented.
Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Apenda as amended.
1.Mailboxes
Seconded by Councilmember Zappa Ayes - all
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F. CONSENT AGENDA
Councilmember Carlson moved, seconded by Mayor Bastian; ayes - all, to approve the
consent agenda items 1 thru 5 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 489,705.03 Checks #24877 - #24923
Dated 11- 4-91 thru 11-21-91
$ 61,874.10 Checks #15323 - #15428
Dated 11-25-91
$ 551,579.13Tota1 per attached voucher/check register
PAYROLL: $ 190,955.20 Payroll Checks dated 11- 8-91
$ 39,407.09 Payroll Deductions
$ 230,362.29 Total Payroll
$ 781,941.42 GRAND
TOTAL
2.Write-Off of Uncollectible Ambulance Bills for 1988
Approved writing off $11,745.62 of ambulance bills from 1988 as uncollectible.
3.Budget Transfer Request: Building Maintenance
Approved the transfer of $4,500 from the Contingency Account, 101-119-000-4910, to
City Hall Repair and Maintenance of Buildings & Grounds, 101-110-000-4410,
to cover expenditures the end of 1991.
4.Fina1 Plat: Markfort 2nd Addition
Approved the final plat for Markfort 2nd Addition on Ripley Avenue, west of Desoto
Street.
S.Budget Transfer: Consulting Inspectors
Approved a budget transfer of $36,130 from the contingency account to Account 101-
703-000-4480 to cover the cost of bills from the City's consulting
inspectors through the end of the year.
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G. PUBLIC HEARINGS
1.7:00 p.m.(7:05 p.m.), Street Vacation: Kenwood Lane, West of Arcade St.
a.Mayor Bastian convened the meeting for a public hearing regarding a request
from Paul Johnson for vacation of Kenwood Lane, west of Arcade
Street.
b.Manager McGuire presented the staff report.
c.Director of Community Development presented the specifics of the report.
d.Mayor Bastian stated the Planning Commission and Staff Reports are the same.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Doris Johnson, 2361 Stillwater Avenue, owner of the property
f.Mayor Bastian closed the public hearing.
g.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
91 - 11 - 146
VACATION RESOLUTION
WHEREAS, Paul Johnson applied for the vacation of the following
described street:
The east 143 feet of Kenwood Lane lying west of the centerline of Arcade
Street in the southeast 1/4 of the northeast 1/4 of
Section 17, Township 29, Range 22 Ramsey County.
WHEREAS, the history of this vacation is as follows:
1.A majority of the property owners abutting this street signed a petition
for this vacation;
2.The Planning Commission discussed this vacation on November 4, 1991. They
recommended that the City Council approve this vacation.
3.The City Council held a public hearing on November 25, 1991. City staff
published a notice in the Maplewood Review and sent notices
to the abutting property owners as required by law. The
Council gave everyone at the hearing a chance to speak and
present written statements. The Council also considered
reports and recommendations from the City staff and Planning
Commission.
WHEREAS, after the City approves this vacation, public interest in the
property will go to the following abutting properties:
The east 143 feet of the north 170 feet of the S.E. 1/4 of the N.E. 1/4
(subject to roads) and the south 115.5 feet of the north
285.5 feet of the east 150 feet of S.E. 1/4 of the N.E.
1/4 (subject to roads) in Section 17, Township 29, Range
22 (PIN 17-29-22-14-0084 and PIN 17-29-22-14-0071).
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NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vacation for the following reasons:
1.It is in the public interest.
2.The City does not need this right-of-way.
3.The adjoining properties have adequate street access.
4.The City Engineer believes that the City should not construct a street on
this right-of-way because of the steep grade.
This vacation is subject to the retention of a public utility and access
easement over the vacated right-of-way.
Seconded by Councilmember Carlson Ayes -all (4)
2.7:10 p.m.(7:10 p.m.), Street Vacation: Adele and Fenton Streets
a.Mayor Bastian convened the meeting for a public hearing regarding a request
from Dennis Campbell for a 20-foot-wide easement in the center
(rather than over the east 30 feet) of the right-of-way for the
public walkway easement.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Mayor Bastian stated the Planning Commission report was in the packet.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Dennis Campbell, 1018 Glendon
f.Mayor Bastian closed the public hearing.
g.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
91 - 11 - 147
VACATION RESOLUTION
WHEREAS, Dennis Campbell applied for the vacation of the following-
described street:
The 100 feet of Adele Street right-of-way lying south of the center line
of the Fenton Street right-of-way in Section 16,
Township 29, Range 22.
WHEREAS, the history of this vacation is as follows:
1.A majority of the property owners abutting this street signed a petition
for this vacation;
2.The Planning Commission discussed this vacation on October 21, 1991.
They recommended that the City Council approve this
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vacation.
3.The City Council held a public hearing on November 25, 1991. City
staff published a notice in the Maplewood Review and
sent notices to the abutting property owners as required
by law. The Council gave everyone at the hearing a
chance to speak and present written statements. The
Council also considered reports and recommendations from
the City staff and Planning Commission.
WHEREAS, after the City approves this vacation, public interest in the
property will go to the following abutting properties:
Lots 11 and 12, Block 5, Kavanagh and Dawsons Addition and subject to
Frost and Adele Avenues, the 200 feet of part of
government Lot 2 north of abandoned road in Section 16,
Township 29, Range 22 (PIN 16-29-22-31-0001).
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vacation for the following reasons:
1.It is in the public interest.
2.The City has no plans to build a street on this right-of-way.
3.The adjoining properties have adequate street access.
4.The City Engineer believes that the City should not construct a street on
this part of the Adele Street right-of-way because of
the steep grade.
This vacation is subject to the retention of a public utility easement
over the east 30 feet of the right-of-way and a 20-foot wide
public walkway easement centered on the centerline of the
vacated right-of-way.
Seconded by Councilmember Carlson Ayes -all (4)
h.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
91 - 11 - 148
VACATION RESOLUTION
WHEREAS, Dennis Campbell applied for the vacation of the following-
described street:
The South 30 feet of the West 40 feet of the Fenton Street right-of-way
lying south of the center line of the Fenton Street
right-of-way lying east of Adele Street.
WHEREAS, the history of this vacation is as follows:
1.A majority of the property owners abutting this street signed a petition
for this vacation;
2.The Planning Commission discussed this vacation on October 21, 1991.
They recommended that the City Council approve this
vacation.
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3.The City Council held a public hearing on November 25, 1991. City
staff published a notice in the Maplewood Review and
sent notices to the abutting property owners as required
by law. The Council gave everyone at the hearing a
chance to speak and present written statements. The
Council also considered reports and recommendations from
the City staff and Planning Commission.
WHEREAS, after the City approves this vacation, public interest in the
property will go to the following abutting properties:
Lots 11 and 12, Block 5, Kavanagh and Dawsons Addition Section 16,
Township 29, Range 22 (PIN 16-29-22-31-0001).
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vacation for the following reasons:
1.It is in the public interest.
2.The City has no plans to build a street on this right-of-way.
3.The adjoining properties have adequate street access.
Seconded by Councilmember Carlson Ayes -all (4)
3.7:20 p.m. (7:23 p.m.), Woodlyn Heights Townhomes:
a. Preliminary Plat
b. Final Plat (No. 5)
a.Mayor Bastian convened the meeting for a public hearing regarding a request
for approval of a preliminary plat for 17 town home lots on the
north side of Woodlynn Avenue and for final plat approval for four
lots on the east end of the preliminary plat.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
]im Donley, 1296 Hudson Road, Land Surveyor
e.Mayor Bastian closed the public hearing.
f.Mayor Bastian moved to approve the Woodlynn Heights Townhomes preliminary
plat, (subiect to completion of the following conditions before final plat
approval), and the Woodlynn Heiphts No. 5 final plat (subiect to signing a
developer's agreement, including surety, for a five-foot-wide sidewalk in
front of the first addition at the corner of Woodlynn Avenue and McKnight
Road .
Conditions for preliminary plat approval:
1.Approval by the City Engineer of final grading, drainage and erosion
control plans. The erosion control plan shall be consistent
with the Ramsey Soil and Water Conservation District Erosion
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and Sediment Control Handbook.
2.Approval by the City Engineer of a signed developer's agreement and escrow
for any uncompleted public improvements required by the
City. This agreement shall include:
a.A five-foot-wide concrete sidewalk along Woodlynn Avenue for at least
each lot that the developer includes in a final
plat. The agreement for the Woodlynn Heights No. 5
shall include a sidewalk in front of the first
addition at the corner of Woodlynn Avenue and
McKnight Road.
b.Provisions for the repair of Woodlynn Avenue (street and boulevard)
after the developer connects to the public
utilities.
3.Approval by the Director of Community Development of the homeowner's
association bylaws and rules. These are to assure there
will be one responsible party for the maintenance of the
private utilities, driveways and structure.
4.The developer shall submit to the City a written statement from NSP and
Amoco Oil. This statement shall allow the grading in the
easement that the developer proposes in the City-approved
grading plan.
If the developer decides to final plat part of the preliminary plat, the
Director of Community Development may waive any conditions that
do not apply to the final plat.
Seconded by Councilmember ZappaAyes -all (4)
g.Mayor Bastian moved to direct the Maplewood Community Design Review Board to
establish a setback for all remaining townhouses equal to the
building pad approved for the 5th Addition.
Seconded by Councilmember Juker Ayes -all
4.7:30 p.m. (7:48 p.m.), Conditional Use Permit: County Correctional Facility
a.Mayor Bastian convened the meeting for a public hearing regarding .
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Mayor Bastian stated the Planning Commission and Community Design Review Board
reports were in the packet.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Joan Fabian, Director of Ramsey County Corrections
Jim Bruton, Superintendent of the Ramsey County Correction Facility
Harley Nelson, Ramsey County Assistant Director of Corrections
f.Mayor Bastian closed the public hearing.
g.Councilmember Zappa moved preliminary approval of the conditional use permit
for a public correctional facility at 297 South Century Avenue with the
following recommendations as amended (below) with direction to staff to
prepare changes and bring back to Council on the Consent Agenda December 9:
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1.A11 construction shall follow the site plan, date-stamped November 4,
1991. The City Council may approve major changes, after a
public hearing and recommendation from the Community Design
Review Board. The Director of Community Development may
approve minor changes.
2.The County shall inform the City of the following:
a.If the percentage of felons increases above 29% of the inmates or if
the percentage of gross misdemeanors increases above
33% of the inmates.
b.Any applications for a license for the facility that increases the
maximum number of inmates above 293.
c.If the daily population exceeds the County's license for more than 21
(twenty-one) consecutive days.
If condition 2a or 2c occurs, the City Council may reconsider the
Conditional Use Permit. The City must approve any increase
in the facility inmate population license prior to it
becoming effective.
3.The City Council shall review this permit one year from the date occupancy of
the addition is approved.
4.The County Corrections Department shall file an annual report with the City
Manager breaking down the average annual population (i.e.,
misdemeanor, gross misdemeanor, felony) in the annual average
population.
S.At the present time the farm operation is not posing a threat to the health,
safety or welfare of the surrounding land uses, but shall be
considered in future hearings on this matter if it changes.
Seconded by Mayor BastianAyes -all (4)
H. AWARD OF BIDS
None
I. UNFINISHED BUSINESS
1.Conditional Use Permit: Compost Site
a.Manager McGuire presented the staff report.
b.Director of Community Development Olson presented the specifics of the report.
c.Mayor Bastian asked if anyone wished to speak before the Council regarding
this matter. The following were heard:
Norm Schiferl, Program Analyst, Ramsey County Division of Solid Waste
Ralph Sletten, 2747 No. Clarence
8 11-25-91
d.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
91 - 11 - 149
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, the Director of Community Development applied for a conditional use
permit for operating a public compost site.
WHEREAS, this permit applies to the property on the south side of Beam
Avenue, west of the railroad right-of-way. The legal description is:
Lots 81-84, Gardena Addition, in the north 1/2 of the S.W. 1/4 of
Section 3, Township 29, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1.The Planning Commission discussed this application on October 7, 1991.
They recommended that the City Council approve said permit.
2.The City Council held a public hearing on November 25, 1991. City staff
published a notice in the paper and sent notices to the
surrounding property owners as required by law. The council
gave everyone at the hearing a chance to speak and present
written statements. The Council also considered reports and
recommendations of the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described conditional use permit for the following reasons:
1.The use would be located, designed, maintained, constructed and operated
to be in conformity with the City's Comprehensive Plan and
Code of Ordinances.
2.The use would not change the existing or planned character of the
surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous,
detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-
off, vibration, general unsightliness, electrical
interference or other nuisances.
S.The use would generate only minimal vehicular traffic on local streets
and would not create traffic congestion or unsafe access on
existing or proposed streets.
6.The use would be served by adequate public facilities and services,
including streets, police and fire protection, drainage
structures, water and sewer systems, schools and parks.
7.The use would not create excessive additional costs for public facilities
or services.
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8.The use would maximize the preservation of and incorporate the site's
natural and scenic features into the development design.
9.The use would cause minimal adverse environmental effects.
lO.There is a public need for a compost site in this area.
Approval is subject to the following conditions:
1.The site may be open to the public between March 24 and December 6 of
each year.
2.The site may be open to the public between the hours of 9:00 a.m. and
8:00 p.m.
3.The County shall provide at least one monitor at the site for all hours
that it is open to the public. If the city or County
determines there is a need for more site monitoring, the
County shall assure that the site has adequate monitoring.
4.The site shall accept only the following materials: garden waste, lawn
cuttings, weeds, prunings of soft bodied plants, leaves
along with materials like pine cones, fruit and small twigs
that people pick up with their yard waste.
S.The City prohibits the dumping or storing of the following materials:
wood chips, brush and branches, garbage or refuse and the
site.
6.The County shall have the grass clippings removed from the site as often
as necessary to prevent odors.
7.The City Council shall review this permit in five years.
Seconded by Councilmember CarlsonAyes -all (4)
e.Councilmember ]uker moved to direct staff to investigate pending legal action
with Woodbury Compost Site.
Seconded by Councilmember Carlson Ayes -all (4)
Mayor Bastian called a 5-minute recess.
Mayor Bastian reconvened the meeting at 9:02 p.m.
NEW BUSINESS
l.Sign Plan Review: Crown Plaza Center
a.Manager McGuire presented the staff report.
b.Director of Community Development Olson presented the specifics of the report.
c.Board Member Robinson presented the Community Design Review Board report.
10 11-25-91
d.Mayor Bastian asked if anyone wished to speak before the Council regarding
this matter. The following was heard:
Colleen Pearson, Property Manager
e.Mayor Bastian moved to approve a sign panel on the existing pylon sign at
Crown Plaza based on the findings and the Community Design Review Board
recommendation.
Seconded by Councilmember Zappa Ayes -all (4)
2.CDRB Appeal: U-Haul (2242 White Bear Avenue)
a.Councilmember ]uker presented the staff report.
b.Board Member Robinson presented the Community Design Review Board report.
c.Councilmember ]uker moved to table this item until a full Council is present
on December 9, 1991.
Seconded by Councilmember Zappa Ayes -Councilmembers Carlson,
]uker, Zappa
Nays -Mayor Bastian
3.Recycling Contract
a.Manager McGuire presented the staff report.
b.Mayor Bastian asked if anyone wished to speak before the Council regarding
this matter. The following was heard:
Michael Hines, Gopher Disposal
c.Councilmember Zappa introduced the following Resolution and moved its
adoption:
91 - 11 - 150
RESOLUTION APPROVING CONTRACT AGREEMENT BETWEEN
CITY OF MAPLEWOOD AND GOPHER RECYCLING, INC.
FOR RECYCLING SERVICES
This Agreement is made this 2nd day of December, 1991, between the City of Maplewood
(hereinafter City) and Gopher Recycling, Inc. (hereafter Contractor).
WITNESSETH:
WHEREAS, the City supports curbside recycling and desires that it be available to
its residents; and
WHEREAS, the City supports curbside recycling as part of an overall landfill
abatement program; and
WHEREAS, Ramsey County has funding available for curbside recycling; and
WHEREAS, the Contractor has submitted a proposal for curbside recycling to the City;
11 11-25-91
NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration
of the mutual promises and covenants contained herein;
1.DEFINITIONS
a."Service Area" means the City of Maplewood.
b."Recyclable Materials" means newsprint, glass, mixed aluminum and bimetal beverage
containers, other aluminum, tin food cans, and other materials as mutually
agreed upon by the City and the Contractor.
c."Recycling Collection" means the taking up of all recyclable materials accumulated
at all single-family and multi-family residential properties, and the
transporting of the recyclable materials to a specified processing site or
market.
2. PAYMENT
a.The City will compensate the Contractor for the collection of recyclable materials
from residential units as described in Section 3.
b.The City shall reimburse the Contractor on a monthly basis at a rate of $88 per
ton of recyclable materials collected. Gopher's charges for picking up materials
under this contract may be changed on a yearly basis, based upon increases in
operating costs for Gopher, by Gopher giving to the City written notice of such
change, and the City agreeing to the change. If the City and Gopher do not
mutually agree on the price change within 60 days of the notice of change,
Gopher or the City may elect to terminate this agreement without penalty or
impediment.
c.The Contractor must invoice the City monthly, and indicate tonnages of each
material recycled from the area for the billing period. Truck scale receipts
for all materials must be attached to the invoice.
d.The City will provide the Contractor with maps of the City, noting areas for
recycling collection and areas where recycling collection is not desired and/or
necessary.
e.Any dispute, controversy, or claim on any matter relating to this Contract shall
be settled by arbitration in accordance with the commercial arbitration rules of
the American Arbitration Association. Either party may demand arbitration by
written notice to the other. Any dispute or claim shall be submitted to
arbitration within fifteen (15) days. The arbitration shall be final and
binding.
3.OBLIGATIONS - CONTRACTORS
a. Service
The Contractor shall provide every other week collection services for all recyclable
materials on the same day as regular garbage collection.
b. Contractor's Operation
The Contractor shall establish and maintain, in a location approved by the City, an
office with continuous supervision for accepting complaints and customer calls.
The office shall be in service with continuous supervision during the hours at
7 a.m. until 5 p.m. on all days of collection as specified in this Agreement.
The address and telephone numbers of such office, and ten (10) days prior notice
of changes therein, shall be given to the City in writing. The address of this
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office as of the execution of the contract is 1375 7th Street, Newport, MN
55055. The telephone number is 459-6377.
c.Collection
c-1The Contractor shall collect all recyclable materials every other week on the
days corresponding to City garbage collection days.
c-2Complaints on service will be taken and collected by the City and the
Contractor. The City will notify the Contractor of all complaints it
receives. The Contractor is responsible for all
corrective actions. All complaints shall be answered by the Contractor courteously and
promptly.
c-3Whenever the City or a resident notifies the Contractor of locations which
have not received scheduled service, the Contractor is required to service
such locations by 7 p.m. the following day.
c-4Recyclable materials shall be prepared as follows:
Newsprint and non-glossy paper: placed in paper bags or tied in bundles.
Glass: rinsed and placed in paper bags or cardboard boxes. White glass
separated from colored glass with rings and covers removed.
Metal Cans: rinsed and placed in paper bags or cardboard boxes.
Scrap Metal: 2 feet by 2 feet or smaller
Oil: in plastic containers
Batteries
Plastic milk bottles, beverage bottles, and
soap bottles
Corrugated cardboard
Anti-freeze
c-SThe City and Gopher may mutually agree to amend the list of materials that
Gopher will collect under this Agreement.
c-6Containers in which recyclable materials have been stored shall be placed on
the curbside in front of the residents' property by 6:30 a.m. on the
scheduled day of collection.
c-7A11 recyclable materials placed for collection shall be owned by and be the
responsibility of the occupants of residential properties until they are
handled by the Contractor. Upon collection of the containers and recyclable
materials by the Contractor, the recyclable materials become the property
and responsibility of the Contractor.
c-8Recyclable materials deemed unacceptable by the Contractor, according to the
preparation procedures in Subsection c-4, shall be collected on the first
occurrence by the Contractor. Each time materials are incorrectly prepared,
the Contractor shall leave at the residence written notice forms which
explain why materials were not collected. Subsequent materials may be
rejected; however, this shall be reported to the City.
13 11-25-91
c-9The Contractor shall not landfill, incinerate, or make fuel pellets out of
the recyclable materials.
c-lOThe Contractor's employees shall leave for the residents' reuse any
containers marked SAVE. These containers, once emptied, shall be
returned to the curbside. Any spills will be cleaned up immediately.
d.Vehicles
d-1The Contractor's vehicles shall be marked with the name of the Contractor.
d-2The Contractor shall maintain all trucks and equipment in good working
condition. The Contractor's trucks shall be clean and aesthetically
pleasing.
4.TERM
The term of this Agreement shall be for one year from January 1, 1992 to December 31,
1992 and shall be renewed for four (4) successive one (1) year terms without further
action or notice by the parties.
S.CANCELLATION
Either party may cancel this Agreement at any time upon thirty (30) days written notice
to the other party. In such event of termination, the Contractor shall be entitled
to reimbursement for those expenses incurred up to the termination date, provided
the expenses have been incurred by only providing the services in Section 3.
6.DEFAULT
Any of the following shall constitute default on the part of the Contractor:
a.The failure of the Contractor to provide service in a manner consistent with
Section 3.
b.Falsifying any records of information required under this Agreement, and/or
failure to supply the information required in Subsection 2-c above.
7. GENERAL CONDITIONS
a.All services and duties performed by the Contractor pursuant to this Agreement
shall be performed to the satisfaction of the City, and in accordance with all
applicable Federal, State, and local laws, ordinances, rules and regulations as
a condition of payment. Contractor agrees to comply with Minnesota Statutes
181.59, relating to nondiscrimination.
b.The Contractor shall post an unrestricted letter of credit with the City Clerk of
not less than $21,000, to be made available to the City in the event of the
Contractor's inability to execute the Contractor's obligations set forth by this
Contract.
c.The Contractor must obtain the following insurance coverage with these minimum
levels of coverage:
Vehicle Liability $600,000/600,000
Property Damage $100,000
General Liability $600,000
Statutory Workers' Compensation Insurance.
d.The Contractor shall at all times be an independent contractor, and shall not be
14 11-25-91
the employee of the City for any purpose. The City shall not be responsible for
the payment of any taxes, either Federal or State, on behalf of the Contractor,
nor shall the City be responsible for any fringe benefits. No Civil Service or
other rights of employment will be acquired by virtue of Contractor's services.
e.The Contractor agrees to defend, hold harmless, and pay, on behalf of the City and
its officials, agents, and employees, from any and all liability, loss, or
damage they may suffer as a result of demand, claims, judgments, or costs,
arising out of or related to the Contractor's negligent actions, or failure to
act in performance of this Agreement.
f.All data collected, created, received, maintained, or disseminated for any purpose
in the course of this Agreement, is governed by the Minnesota Governmental Data
Practices Act, Minnesota Statutes Chapter 13 (1984), or any other applicable
State Statute, any State rules adopted to implement the act, as well as Federal
regulations on data privacy. The City agrees to abide by these statutes, rules,
and regulations.
g.All books, records, documents, and accounting procedures and practices of the
Contractor relative to this Agreement are subject to examination by the City,
the County, and the State Auditor, as appropriate, in accordance with the
provisions of Minnesota Statute 166.06, Subd. 4 (1984).
h.Any amendments to this Agreement shall be valid only when reduced to writing, and
duly signed by the parties.
Seconded by Councilmember Carlson Ayes -all (4)
4.Request to Appear Before Council: North Maplewood Lions
a.Manager McGuire presented the staff report.
b.Mayor Bastian asked if anyone wished to speak before the Council regarding
this matter. The following were heard:
Clair Haider, Maplewood Lions
Terry McGill, 2680 White Bear Ave., Accountant
c.Councilmember Zappa moved to table pending further staff report within 45
days.
Seconded by Mayor Bastian Ayes -all (4)
S.Pleasantview Park Survey
a.Manager McGuire presented the staff report.
b.Commissioner Jeff Carver presented the Park and Recreation Commission report.
c.Mayor Bastian moved to approve staff recommendation to interview for a
Landscape Architect to design Pleasantview Park (per the approved Park
Planning Process); and future funding for the Landscape Architect is
included in the Capital Improvement Plan.
Seconded by Councilmember Carlson Ayes -all (4)
6.Reconsideration: Knowlan's
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a.Manager McGuire presented the staff report.
b.Councilmember Juker moved to reconsider the Knowlan's Land Use and Zoning
proposal and place it on the December 9, 1991 meeting.
Seconded by Councilmember Zappa Ayes -all (4)
K. VISITOR PRESENTATIONS
None
L. COUNCIL PRESENTATIONS
1.Mailboxes
a.Mayor Bastian stated he has received calls from residents that their mailboxes
were knocked down by the personnel plowing snow (especially on
Woodlynn).
M. ADMINISTRATIVE PRESENTATIONS
None
N. ADJOURNMENT OF MEETING
Meeting adjourned at 10:18 p.m.
Lucille E. Aurelius
City Clerk
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