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HomeMy WebLinkAbout05-11-92 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 11, 1992 Council Chambers, Municipal Building Meeting No. 92-09 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 Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1.Council/Manager Meeting, April 20, 1992 Councilmember Zappa moved to approve the minutes of the April 20, 1992 Council/Manager Meeting as presented. Seconded by Mayor Bastian Ayes - all 2.Financial Report/Audit Meeting, April 27, 1992 Councilmember Zappa moved to approve the minutes of the April 27, 1992 Financial Report/Audit meeting as presented. Seconded by Councilmember Rossbach Ayes - all 3.Meeting No. 92-08 (April 27, 1992) Councilmember Zappa moved to approve the minutes of Meeting No. 92-08 (April 27, 1992) as presented. Seconded by Councilmember Rossbach Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended. L1. ADA L2.Bike Path L3. Mayor's Update M1. Meetings Seconded by Councilmember Zappa Ayes - all 1 5-11-92 EA. PRESENTATION 1.East County Line Fire Department a.Mayor Bastian presented Larry Bush and Ed Huber, East County Line Fire Department, with the following Proclamation: PROCLAMATION WHEREAS, the Minnesota State Board of Technical Colleges annually selects a fire department for special recognition based on its commitment and service level to the community; and WHEREAS, East County Line Fire Department has been chosen to be the recipient of the 1992 Minnesota Fire Department Community Service Award; and WHEREAS, East County Line Fire Department earned this special award by offering emergency medical services, hazardous materials responses, fire prevention programs, free blood pressure testing, and fund raising efforts for a young burn victim; and WHEREAS, Governor Arne Carlson presented this award to the East County Line Fire Department at the opening of the 1992 State Fire School at the Thunderbird Motel in Bloomington on Friday, May 1, 1992; and WHEREAS, the residents, Council, and employees of the City of Maplewood are extremely proud of East County Line Fire Department's commitment to the community's citizens and businesses. NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the City of Maplewood, on behalf of the City Council and all residents within the City, do hereby congratulate and commend the members of the East County Line Fire Department for their receipt of the 1992 Minnesota Fire Department Community Service Award; and extend our appreciation to those contributing individuals for their dedication to providing educational preventative programs and public safety services, and special community programs for those less fortunate. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Maplewood to be affixed this 11th day of May, one thousand nine hundred and ninety-two. F. CONSENT AGENDA Councilmember Zappa moved, seconded by Mayor Bastian; ayes - all, to approve the consent agenda items F-1, F-3 and F-4 as recommended. (Item F-2 moved to ]-7 2 5-11-92 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 533,029.52 Checks #25632 - #25697 Dated 4-15-92 thru 4-30-92 $ 202,885.79 Checks #16958 - #17065 Dated 5-11-92 $ 735,915.31Tota1 per attached voucher/check register PAYROLL: $ 202,983.SSPayroll Checks #26189 thru #26402 Dated 4-24-92 $ 40,760.44 Payroll Deduction Checks #26407 thru #26422 dated 4-24-92 $ 243,743.99 Total Payroll $ 979,659.30 GRAND TOTAL 2.Ambulance Bill - Application for Cancellation Moved to become J-7 3.Conditional Use Permit Review: Kennard St. (Korridor Capital Investments) Extended final review of this permit until June 8, 1992, when Council will consider ending the permit. 4.Budget Transfer - Elections Approved transfer of $22,217.36 from the Contingency Account to cover costs for equipment and personnel required by the addition of 2 new voting precincts which are a result of redistricting. G. PUBLIC HEARINGS 1.7:00 p.m. (7:07 p.m.), Conditional Use Permit: County Collection Site a.Mayor Bastian convened the meeting for a public hearing regarding a request for a conditional use permit for the County to establish a temporary hazardous waste collection site. b.Manager McGuire presented the staff report. c.Director of Community Development Olson presented the specifics of the report. d.Commissioner Rossbach presented the Planning Commission report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: 3 5-11-92 Zach Hansen, Ramsey County Health Dept. John Gulner, Dynex Corporation Hal Norgard, Ramsey County Commissioner Tom Cory, Perkins Restaurant f.Mayor Bastian closed the public hearing. g.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - OS - 43 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Ramsey County Department of Public Health, Solid Waste Division applied for a conditional use permit to operate a temporary collection site for household hazardous waste. WHEREAS, this permit applies to the site south of Aldrich Arena and north of Ripley Avenue. The legal description is: Subject to avenues and easements and except West 620 feet of North 438 feet, the West 810 feet of North 1/2 of SW 1/4 of Section 14, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1.The Planning Commission discussed this application on April 20, 1992. They recommended that the City Council approve said permit. 2.The City Council held a public hearing on May 11, 1992. 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. 4 5-11-92 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. 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. Approval is subject to the following conditions: 1.A11 construction shall follow the site plan for Site B. This is the site that is East of the County Nursing Home. The City Council may approve major changes after they hold a public hearing. The Director of Community Development may approve minor changes. 2.The hours of public operation shall be from noon to 7 p.m. on Fridays and 10 a.m. to 5 p.m. on Saturdays. 3.This collection site shall only be open for eight weekends in the spring- summer and eight weekends in the summer-fall. 4.There shall be an emergency response coordinator on the site during all operating hours. S.The operator shall remove the canopy on each Saturday night after a weekend operation. 6.The County shall mark the traffic lanes to the site from the intersection of Van Dyke Street and Ripley Avenue. 7.Waste containers from the public shall not be opened on the site, except to allow the operator to inspect the contents inside. The Site operator shall place waste containers in leak-proof plastic tubs and remove them from the site at the end of each day. 8.The operator of County shall notify the fire department and the emergency preparedness director when the site will be in operation. 9.This City Council shall review this permit one year after the City Council approves it. lO.This permit shall end on December 31, 1993. The City Council may change this condition if the County requests an extension. 11.If the City or Ramsey County decides to terminate use of the facility, the County shall remove any permanent portions of the temporary site and restore it to its original condition. Seconded by Councilmember ]uker Ayes -all 5 5-11-92 2.7:20 p.m. (7:50 p.m.), Toenjes Farm Street Vacation Lot Width Variance Preliminary Plat a.Mayor Bastian convened the meeting for a public hearing regarding the request from Frattalone Excavating and Grading for a street vacation, lot width variance and approval of a preliminary plat for development of the Toenjes Farm Subdivision. b.Manager McGuire presented the staff report. c.Director of Community Development Olson presented the specifics of the report. d.Commissioner Rossbach presented the Planning Commission recommendation. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons was heard: Frank Frattalone, the developer f.Mayor Bastian closed the public hearing. g.Mayor Bastian introduced the followinp Resolution and moved its adoption: 92 - OS - 44 STREET VACATION WHEREAS, F. M. Frattalone Excavating and Grading, Inc. applied for the vacation of the following-described street: That part of the Edgemont Street right-of-way lying north of the center line of the vacated Mount Vernon Avenue right-of-way and south of the north line of Lot 4, Block 4, Magoffin's North Side Addition. 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 April 20, 1992. They recommended that the City Council approve this vacation. 3.The City Council held a public hearing on May 11, 1992. 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. 6 5-11-92 WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 4-15, Block 4 and Lots 16-27, Block 3 of Magoffin's North Side Addition in Section 17, Township 29, Range 22. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1. This vacation is in the public interest. 2.The City does not need this right-of-way because the developer will be dedicating a new Edgemont Street right-of-way with the final plat. The developer shall file the vacation resolution with the final plat. Seconded by Councilmember Zappa Ayes -all h.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - OS - 45 LOT SIZE VARIANCE WHEREAS, F. M. Frattalone Excavating and Grading, Inc. applied for a variance from the zoning ordinance at Lot One, Block One of the Toenjes Farm preliminary plat. This lot would be just north of 1986 McMenemy Street. WHEREAS, Section 36-69 of the Maplewood Code of Ordinances requires a lot to be 75 feet wide at the building setback line. WHEREAS, the applicant is proposing one lot with a width of 73.08 feet at the building setback line. WHEREAS, this requires a variance of 1.92 feet. WHEREAS, the history of this variance is as follows: 1.This variance was reviewed by the Planning Commission on April 20, 1992. They recommended that the City Council approve the variance. 2.The City Council held a public hearing on May 11, 1992. City staff published a notice i n 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- ? 5-11-92 described variance for the following reasons: 1.The variance is in keeping with the spirit and intent of the ordinance. 2.The proposed lot width is minimal and will not detract from the character of the neighborhood. 3.This variance would allow a reasonable use of Lot One. Denying the variance would create lots on McMenemy Street that would be larger than and not line up with the new lots on Edgemont Street. Seconded by Councilmember Carlson Ayes -all i.Mayor Bastian moved approval of the preliminary plat subiect to the followinp conditions: a.The City Engineer approving final grading, utility, drainage, erosion control and street plans. The drainage and utility plans shall include a five-foot-high, vinyl-clad chain-link fence at the high water mark around the pond in Lots 10 and 11 unless a slope/grade change is approved which is consistent with City policy. b.The Director of Community Development approving a tree plan, based on the City's environmental protection ordinance. The Director must approve this plan before the developer does any more grading or the City approves the final plat. The developer will install a temporary fence (snow fence) at the outside edge of the crowns of the oak trees on Lot 11 and no grading will be allowed inside the fence. The fence will remain in place until Lot 11 has been built on and an occupancy is accomplished. c.Show drainage and utility easements along all property lines. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. d.The developer shall sign an agreement with the City which guarantees that the developer will complete all public improvements and meet all City requirements. e.Increase the easement width between Lots 1 and 2 and Lots 9 and 10 from 15 to 30 feet. f.Change the name of Edgemont Street to Edgemont Street North. g.Remove the shed on Lot 10. Seconded by Councilmember Carlson Ayes - all 3.7:30 p.m. (8:30 p.m.), Conditional Use Permit Review Process Ordinance (2nd Reading-4 Votes) a.Mayor Bastian convened the meeting for a public hearing regarding a change in the Ordinance governing Conditional Use Permit Reviews. 8 5-11-92 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. No one appeared. e.Mayor Bastian closed the public hearing. f.Councilmember Zappa introduced the followinp Ordinance and moved its adoption: ORDINANCE N0. 702 AN ORDINANCE CLARIFYING THE REVIEW OF CONDITIONAL USE PERMITS The Maplewood City Council approves the following Ordinance: Section 1. Section 36-446 (b) (b)The City Council may review a permit at any time. If the Council decides to consider adding, dropping or changing conditions, the Council shall follow the procedures in Section 36-441 for approving a new permit. The Council shall not change conditions unless the conditional use no longer meets one of the standards in Section 36-442 for approving a new permit. Section 2. This ordinance shall take effect upon its passage. Seconded by Councilmember Rossbach Ayes -all 4.7:40 p.m. (8:34 p.m.), Animal Kennel License: Hustings a.Mayor Bastian convened the meeting for a public hearing regarding a request for a kennel license for Barbara K. Hustings, 1647 Brooks Avenue. b.Manager McGuire presented the staff report. c.Director of Public Safety Collins presented the specifics of the report. d.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: The resident of 1646 Brooks sent a letter in favor of the license. Barbara K. Hustings, 1647 Brooks, the applicant e.Mayor Bastian closed the public hearing. f.Councilmember Carlson moved to approve the kennel license for Barbara K. Hustinps with the followinp conditions: 9 5-11-92 1.Personal use only 2.Maximum of three dogs at any one time 3.Must provide indoor housing if barking becomes a problem in the neighborhood. Seconded by Councilmember Juker Ayes -all H. AWARD OF BIDS 1.Highwood/McKnight Outlet, Project 90-10 a.Manager McGuire presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d.Councilmember Carlson introduced the following Resolution and moved its adoption: 92 - OS - 46 AWARD OF BIDS - PROJECT 90-10 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of C. W. Houle, Inc. in the amount of $476,925.95 is the lowest responsible bid for the construction of Highwood-McKnight Outlet, City Project 90- 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. FURTHERMORE, the project budget is amended to $914,000.00, and the project financing is amended as follows: Special Assessments $304,000 Cash Payment from Gonyea 57,600 Payment from Ramsey County 20,000 General Obligation 531,800 TOTAL FINANCING $914,000 Seconded by Councilmember Rossbach Ayes -all I. UNFINISHED BUSINESS Councilmember Carlson moved to table Item I-1, Conditional Use Permit: Demont Ave. (Kavanagh) until after I-2. Seconded by Councilmember Rossbach Ayes -all 10 5-11-92 2.Street Vacation: Demont Ave. 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 was heard: David Bush, Representing the Wessins d.Mayor Bastian introduced the followinp Resolution and moved its adoption: 92 - OS - 47 STREET VACATION - DEMONT AVENUE WHEREAS, William and Judy Burns applied for the vacation of the following- described street: The North 30 feet of the West 128.46 feet of the East 158.46 feet of Demont Avenue lying west of Bittersweet lane in Section 10, 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 vacation. 3.The City Council held a public hearing on November 14, 1991. City staff published a notice i n 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: Lot 16, Block 4, Crestmoore Addition (PIN 10-29-22-11-0041) 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. Seconded by Councilmember Carlson Ayes -all 1.Conditional Use Permit: Demont Ave. (Kavanagh) 11 5-11-92 a.Manager McGuire presented the staff report. b.Director of Community Development Olson presented the specifics of the report. c.Councilmember ]uker moved to approve the Conditional Use Permit for variance. Seconded by Councilmember Rossbach Councilmember Rossbach withdrew his second. Motion died for lack of a second. d.Councilmember Zappa moved to refer the 33 ft. easement back to the Planning Commission with the stipulation that Wessin allow access to Lot A. Councilmember Zappa withdrew his motion. e.Councilmember Carlson introduced the following Resolution and moved its adoption with the condition of a deed restriction limiting the number of dwellings to 1. 92 - OS - 48 CONDITIONAL USE PERMIT (Bittersweet Lane Drive) WHEREAS, John Kavanagh applied for a conditional use permit. This permit would allow him to build a house on an outlot that is not adjacent to a maintained public street. WHEREAS, this permit applies to Outlot A of the Seasons Park Addition. WHEREAS, the history of this conditional use permit is as follows: 1.The Planning Commission discussed this application on September 3, 1991. They recommended that the City Council approve this permit with a driveway to Flandrau Street. 2.The City Council held a public hearing on September 23, 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. 12 5-11-92 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. 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. This permit is subject to the property owner completing the following conditions: 1.Constructing a paved driveway over Demont Avenue to Bittersweet Lane. This driveway shall be at least twelve feet wide. 2.Signing an agreement with the City. This agreement shall state that the owner shall maintain this driveway and hold the City harmless for any claims or liability for the use of the driveway. This agreement shall also allow adjacent property owners to use this driveway, if the City approves of this use. The City intends to require a maintenance agreement as a condition of any such approval. 3.Obtaining the approval of the City Engineer for the location and design of this driveway. The Engineer shall allow enough room on the north side of the right-of-way for a future eight-foot-wide trail. 4.The property owner shall have a deed restriction filed against this lot that prohibits more than one house. 13 5-11-92 Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmember Juker Abstain -Councilmember Zappa 3.2194 VanDyke Street (Launderville) Home Occupation License Conditional Use Permit 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: Ron Launderville, 2194 VanDyke, introduced his representative, Paris Getty, Attorney, who stated that Condition #4 would be completed within 2 - 3 weeks. d.Councilmember Rossbach moved approval of the staff recommendation to review this conditional use permit and home occupation license on June 8, 1992. Seconded by Councilmember Zappa Ayes -all NEW BUSINESS 1.I-494/Lake Road Interchange a.Manager McGuire presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Abby Grenfell, area resident, voiced her concerns about the traffic noise. d.Councilmember Zappa moved to direct staff to prepare a letter to MnDOT, to be placed on the 5-28 Consent Agenda, informing them of the Maplewood City Council's concerns regarding the I-494/Lake Road Interchange. Seconded by Councilmember Rossbach Ayes -all Mayor Bastian moved to table J-2 and J-3 until after J-4 and J-5. Seconded by Councilmember Zappa Ayes -all 14 5-11-92 Mayor Bastian moved to waive the Rules of Procedure to continue the meeting to the end of the Agenda. Seconded by Councilmember Zappa Ayes -Mayor Bastian, Councilmembers Rossbach, Zappa Nays -Councilmembers Carlson, ]uker 4.Gambling Permit: Spartan Wrestling a.Manager McGuire presented the staff report. b.Director of Public Safety Collins presented the specifics of the report. c.Councilmember Zappa moved to deny the gambling permit request by Minnesota/USA Wrestling. Seconded by Councilmember Rossbach Ayes -all S.Brenda Whyte: CWWMI 90-07 a.Manager McGuire presented the staff report. b.Councilmember Zappa moved to direct staff to further investigate the assessment notification laws and procedure and report back at the May 28 Council Meeting. Seconded by Councilmember Carlson Ayes -all 2.Ramsey County Shoulder Paving Agreements a.Manager McGuire presented the staff report. b.Councilmember Zappa moved to authorize entering into an agreement with Ramsey County for work on Roselawn Avenue and Sterling Street. Seconded by Mayor Bastian Ayes -all 3.Computer Assisted Dispatch System a.Manager McGuire presented the staff report. b.Director of Public Safety Collins presented the specifics of the report. 15 5-11-92 c.Councilmember Zappa moved to table this item. Motion died for lack of a second d.Councilmember Carlson moved to authorize transfer of $83,000 from the Unappropriated Fund balance of the General Fund to allow continuing implementation of the Computer Aided Dispatching system. Seconded by Councilmember JukerAyes -Mayor Bastian, Councilmembers Carlson, Juke r, Rossbach Nays -Councilmember Zappa 6.Establish Re-assessment Hearing Date: CWWMMI 90-07 a.Manager McGuire presented the staff report. b.Mayor Bastian introduced the following Resolution and moved its adoption: 92 - OS - 48 RE-ASSESSMENT HEARING - PROJECT 90-07 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of City Wide Water Main Improvements, City Project 90-07, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.A hearing shall be held on the 8th day of June, 1992, at the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3.The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Zappa Ayes -all 16 5-11-92 7.Ambulance Bill - Application for Cancellation (Moved from Consent Agenda) a.Councilmember Juker moved to table this application until after July 1, 1992, to attempt collection when disability benefit funding has been indicated. Seconded by Councilmember Zappa Ayes -Councilmembers Juker, Zappa Nays -Mayor Bastian, Councilmembers Carlson, Rossbach Motion Failed b.Councilmember Rossbach moved to cancel the ambulance bill. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays -Councilmember Juker K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1.Americans With Disabilities Act a.Mayor Bastian asked if the City has an ADA representative. b.Staff reported the City is in the process of establishing an ADA Commission to re-evaluate City buildings. 2.Bike Path a.Mayor Bastian stated he was recently on the bike path and saw someone rollerblading with ski poles, which were digging holes in the path surface. b.Mayor Bastian moved to have staff look at the possibility of outlawing ski poles with spikes and to investigate regulating bike path use. Seconded by Councilmember Zappa Ayes -all M. ADMINISTRATIVE PRESENTATIONS 1.Meetings a.City Manager McGuire provided a list of meeting dates to be established. b.Mayor Bastian moved to establish meeting dates as follows: 5-13-92 Community Center Architect 5-14-92 Open House 6- 2-92 Mayor's Forum - Comprehensive Land Use Plan 6:00 P.M. 6- 3-92 3-M 8:00 A.M. (June 1 meeting rescheduled) Seconded by Councilmember Zappa Ayes -all 17 5-11-92 N. ADJOURNMENT OF MEETING Meeting was adjourned at 11:26 P.M. Lucille E. Aurelius City Clerk 18 5-11-92