HomeMy WebLinkAbout06-08-92 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 8, 1992
Council Chambers, Municipal Building
Meeting No. 92-11
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.Meeting No. 92-10 (Thursday, May 28, 1992)
Councilmember Zappa moved to table the Minutes of Meeting 92-10 (May 28, 1992)
until the June 22 meeting.
Seconded by Councilmember Rossbach Ayes -all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended:
L1.July 6 Meeting
L2.Frank's Nursery Problems
L3.White Bear Avenue Traffic Report
L4.Job Share Position
LS.Volunteer Pool
L6.City Project Review
M1.Arie1 & Highway 36
Seconded by Councilmember Zappa Ayes - all
G. CONSENT AGENDA:
a.Councilmember Zappa moved, seconded by Councilmember Carlson; ayes - all, to
approve the consent agenda items 1, 4, 5, 6 and 7 as recommended.
b.Councilmember Zappa moved to approve Items 2 and 3.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays -Councilmember Juker
1 6-8-92
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 993,244.41 Checks #23020 - #23125
Dated 5-7-92 thru 5-29-92
$ 95,923.58 Checks #17226 - #17331
Dated 6-8-92
$1,089,167.99Tota1 per attached voucher/check register
PAYROLL: $ 196,597.21Payroll Checks #26628 thru #26787
Dated 5-22-92
$ 39,768.02 Payroll Deduction Checks #26792 thru
#26807 dated 5-22-92
$ 236,365.23 Total Payroll
$1,325,533.22 GRAND
TOTAL
2.Ambulance Bill - Application for Cancellation (L. Rudie)
Authorized cancellation of the balance ($447.78) remaining after Medicare
payments from two ambulance bills for Leonard Rudie.
3.Ambulance Bill - Application for Cancellation (E. Walsh)
Authorized cancellation of the balance ($211.11) remaining after Medicare
payment from an ambulance bill for Eugene Walsh.
4.Budget Transfer - Audit Bill
Authorized a budget transfer of $3,395 from the General Fund Contingency Account
to cover the cost of additional work required of the auditors.
S.Planning Commission Resignation
Regretfully accepted the resignation of Brian Sinn from the Maplewood Planning
Commission and adopted the following Resolution:
92 - 06 - 53
JOINT RESOLUTION OF APPRECIATION
WHEREAS, Brian Sinn has been a member of the Maplewood Planning commission
since April 23, 1990 and has served faithfully in that capacity to the
present time; and
WHEREAS, the Planning Commission has appreciated his experience, insights
and good judgment, and
WHEREAS, he has freely given of his time and energy. without compensation,
for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership, time and effort for the benefit of the City.
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NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota and its citizens, that Brian Sinn is hereby
extended our heartfelt gratitude and appreciation for his dedicated
service, and we wish him continued success in the future.
6.Conditional Use Permit Review: 1248 Cope Ave. (Keller Lake Animal Hospital)
Reviewed and renewed for another five (5) years the conditional use permit for
the Keller Lake Animal Hospital at 1248 Cope Avenue.
7.Conditional Use Permit & Home Occupation License Review: 2194 Van Dyke St. -
Launderville
Approved a Conditional Use Permit and Home Occupation License for Ronald and
Connie Launderville at 2194 Van Dyke Street to operate a home towing
business until November 1, 1992.
G. PUBLIC HEARINGS
1.7:00 P.M. (7:16 P.M.), Assessment Hearing - Citywide Watermain - Project 90-07
a.Mayor Bastian convened the meeting for a public hearing regarding a change in
the assessment roll for Project 90-07.
b.Manager McGuire presented the staff report.
c.Director of Public Works Haider presented the specifics of the report.
d.City Attorney Kelly explained the procedure for public hearings.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Omar Olson, ]r., 1695 Abel
f.Mayor Bastian closed the public hearing.
g.Councilmember Carlson introduced the followinp Resolution and moved its
adoption:
92 - 06 - 54A
CANCELLATION OF ASSESSMENT
WHEREAS, pursuant to Resolution No. 91 - 04 - 51 of the City Council of
Maplewood, Minnesota, adopted April 22, 1991, the special assessment for
the construction of City Wide Water Main Project 90-07 was levied
against property described by property identification number 18-29-22-
34-0046; and
WHEREAS, it is the desire of this Council that the said assessment against
the property described herein be cancelled in the amount of $3,125.00
and be re-levied in the amount of $500.00. (Resolution No. 92-06-54C
adopting the new assessment roll.)
3 6-8-92
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the assessment for City Wide Water Main 90-07 against the property
described as 18-29-22-34-0046 in the amount of $3,875.00 be cancelled
and re-levied in the amount of $500.00. (Resolution No. 92-06-54C
adopting the new assessment roll.)
BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby
authorized to make the necessary changes in his records to properly
reflect this action.
Seconded by Councilmember Rossbach Ayes -all
h.Councilmember Carlson introduced the followinp Resolution and moved its
adoption:
92 - 06 - 54B
CANCELLATION OF ASSESSMENT
WHEREAS, pursuant to Resolution No. 91-04-51 of the City Council of
Maplewood, Minnesota, adopted April 22, 1991, the special assessment for
the construction of City Wide Water Main Project 90-07 was levied
against property described by property identification number 18-29-22-
34-0047; and
WHEREAS, it is the desire of this Council that the said assessment against
the property described herein be cancelled in the amount of $3,125.00
and be re-levied in the amount of $500.00. (Resolution No. 92-06-54C
adopting the new assessment roll.)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the assessment for City Wide Water Main 90-07 against the property
described as 18-29-22-34-0047 in the amount of $3,875.00 be cancelled
and re-levied in the amount of $500.00. (Resolution No. 92-06-54C
adopting the new assessment roll.)
BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby
authorized to make the necessary changes in his records to properly
reflect this action.
Seconded by Councilmember Rossbach Ayes -all
i.Councilmember Carlson introduced the followinp Resolution and moved its
adoption:
92 - 06 - 54C
ADOPTION OF 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 Citywide Water Main Improvement as
described in the files of the City Clerk as Project 90-07, and has
amended such proposed assessment as it deems just,
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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 18 years, the first of the installments to
be payable on or after the first Monday in January, 1993,
and shall bear interest at the rate of 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, 1992. 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 made, upon any
properties abutting on the improvement but not herein
assessed for the improvement, when changed conditions
relating to such properties made such assessment feasible.
4.To the extent that this improvement benefits nonabutting properties which
may be 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.
S.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 Rossbach Ayes -all
j.Mayor Bastian moved to direct staff to research the maintenance of the St. Paul Water
Department line in Abel Street.
Seconded by Councilmember Zappa Ayes -all
2.7:20 P.M. (7:32 P.M.), Real Estate Sign Ordinances (2nd Reading - 4 Votes)
a.Mayor Bastian convened the meeting for a public hearing regarding a change in
the Real Estate Sign Ordinance.
b.Manager McGuire presented the staff report.
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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:
Karen Christofferson, St. Paul Area Board of Realtors
e.Mayor Bastian closed the public hearing.
f.Councilmember Zappa introduced the followinp Ordinance and moved its adoption:
ORDINANCE N0. 703
AN ORDINANCE CHANGING THE REGULATIONS FOR REAL ESTATE SIGNS
The Maplewood City Council approves the following changes to the Maplewood Code
of Ordinances:
Section 1.This section changes section 36-230 (Definitions) by adding
definitions of billboard, ground sign and real estate sign
and adding two new definitions as follows:
Billboard: A sign that advertises a product, event, person, institution,
activity, business, service or subject not located on the
premises on which said sign is located. This definition shall
not include an off-site real estate sign of sixty-four (64)
square feet or less.
Ground sign: A sign attached to or placed on the ground, rather than a
building.
Off-site real estate sign: A real estate sign that advertises a lot, group
of lots or premises upon which the sign is not located.
On-site real estate sign: A real estate sign that advertises the lot, group
of lots or premises upon which the sign is located.
Real estate sign: A sign advertising the sale, lease or rental of real
estate.
Section 2. This section changes section 36-272 as follows:
Sec. 36-272. Freestanding signs.
(a)A freestanding sign shall be at least ten (10) feet from a lot line,
other than a street right-of-way.
(b)A freestanding sign shall comply with the sight triangle requirements in
section 29-136.
(c)A freestanding sign shall not project over public property or right-of-
way, except where specifically allowed in this chapter.
Section 3. This section changes section 36-307(12) and (13) as follows:
6 6-8-92
(12)On-site real estate signs, subject to the following requirements:
a.For single or double-dwelling lots, there shall be no more than one such
sign along each street that the lot fronts on. The maximum
sign area shall be nine (9) square feet. Such signs may be
on the right-of-way, but shall be no closer than eight (8)
feet to the edge of a street or two (2) feet to a sidewalk
or trail.
b.For all other types of property, the combined area of all such signs
fronting upon each street which bounds such lot or group of
lots shall not exceed a ratio of one square foot of sign
area for each one thousand (1,000) square feet of lot area.
No one sign, however, shall exceed sixty-four (64) square
feet. No person shall place such a sign on a public
right-of-way.
c.The sign owner shall remove the sign within seven (7) calendar days after
the lease, rental or closing date of the real estate that
the sign is advertising.
d.A sold sign, used in conjunction with the for sale sign, may only be displayed
for a total period of thirty (30) days during each listing
contract.
(13)Off-site real estate signs, subject to the following requirements:
a.Off-site real estate signs of three (3) square feet or less may be placed on
the public right-of-way. No part of such signs shall be closer
than eight (8) feet to a street pavement or two (2) feet to a
sidewalk or trail. The City shall only allow such signs from
12:00 Noon until 8:00 p.m. on weekdays and from 6:00 a.m. on
Saturday until 8:00 p.m. on the last day of a weekend. The City
may dispose of any such signs that violate the requirements in
subsection 36-307(13)(a).
b.The City shall only allow off-site real estate signs of more than three square
feet that advertise housing developments. Each housing
development shall have no more than one such sign. The maximum
area of any such sign shall be sixty-four (64) square feet. If
the sign is for a for-sale development, the sign owner shall
remove the sign when at least ninety (90) percent of the
dwelling units approved by the City have been built. If the
sign is for rental units, the sign owner shall remove the sign
when ninety (90) percent or more of the units have been rented.
Such signs shall not be on the public right-of-way.
One on-site and one off-site temporary sign advertising a group of lots for sale
within a subdivision or a group of houses for sale within a
housing project along each street frontage which bounds such
subdivision or project; provided that, the total area of such
signs shall not exceed sixty-four (64) square feet, with no
single dimension in excess of sixteen (16) feet. The display of
such signs shall be limited to a six-month period. At the
expiration of such period the applicant may request a further
extension of time, otherwise the signs shall be removed.
Section 4. This ordinance shall take effect after its passage, the provision of
7 6-8-92
Section 36-.012 C will be reviewed at a public hearing one year after
the date of passage.
Seconded by Councilmember Zappa Ayes -all
3.7:30 P.M. (7:50 P.M.), 860 Burke Court (Popov)
Code Variations
Lot Division
a.Mayor Bastian convened the meeting for a public hearing regarding a request
for Code variations and a lot division at 860 Burke Court.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Commissioner Fischer presented the Planning Commission report.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Mrs. Radmila Popov, representing the Piletich estate
Ted Collins, Attorney representing Mrs. Popov and the Piletich children
Mel Orwig, 2080 Arcade
Gordie Grant, 2134 Arcade
f.Mayor Bastian closed the public hearing.
g.Mayor Bastian moved to direct staff to prepare the appropriate resolution
indicating Council's decision: Burke Court is to remain a private
driveway, the deed restriction is dropped and the property division
is approved subiect to the Planning Commission recommendations.
Seconded by Councilmember Zappa Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays -Councilmember Juker
4.8:00 P.M. (9:16 P.M.), Home Occupation License: 653 Century Ave. No. (Leszinski)
a.Mayor Bastian convened the meeting for a public hearing regarding a request
for a Home Occupation License at 653 Century Avenue North.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Commissioner Fischer presented the Planning Commission report.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Letter from John Armbruster, 631 Century
Steven Leszinski, the applicant
f.Mayor Bastian closed the public hearing.
g.Councilmember Carlson moved to approve the home occupation.
8 6-8-92
Motion died for lack of a second.
h.Councilmember Zappa moved to deny the request of Mr. Leszinski for a home
occupation at 653 Century Avenue.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers
]uker, Rossbach, Zappa
Nays -Councilmember Carlson
5.8:15 P.M. (9:30 P.M.), Home Occupation License: 2491 Stillwater Rd. (Tachenys)
a.Mayor Bastian convened the meeting for a public hearing regarding a request
for a Home Occupation License at 2491 Stillwater Road.
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Commissioner Fischer presented the Planning Commission report.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Chris Tacheny, the applicant
f.Mayor Bastian closed the public hearing.
g.Councilmember Zappa moved to approve the home occupation license for Christine
Tacheny to operate a beauty shop at 2491 Stillwater Road, subiect to
the followinp conditions:
1.Ms. Tacheny shall follow the City's home occupation licensing
requirements. She must renew her license annually, as
required by Code.
2.The beauty shop shall meet all building code requirements, including
handicap access. Ms. Tacheny shall apply for a building
permit for all remodeling work.
3.The beauty shop may only operate Monday through Saturday, from 8:00 a.m.
to 6:00 p.m.
4.Ms. Tacheny shall only operate the beauty shop in one room of the house.
There shall be no beauty shop activities outside the house.
S.There shall be a smoke detector and a 2A-lOBC wall-mounted fire
extinguisher on the same floor of the house as the beauty
shop.
6.A11 customers shall park on the driveway.
Seconded by Councilmember Rossbach Ayes -all
6.8:30 P.M. (9:42 P.M.), Alley Vacation: Between Edward, Frank, Ripley and Sophia
(Reid)
a.Mayor Bastian convened the meeting for a public hearing regarding vacation of
the alley between Edward, Frank, Ripley and Sophia Streets.
9 6-8-92
b.Manager McGuire presented the staff report.
c.Director of Community Development Olson presented the specifics of the report.
d.Commissioner Fischer presented the Planning Commission report.
e.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Randy Reid, the applicant
Kent Rudeen, representing Mr. and Mrs. David Needham, 1785 Needham
Theodore Roungou, 1789 Frank Street
David Needham, 1785 Frank Street
f.Mayor Bastian closed the public hearing.
g.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
92 - 06 - 55
VACATION RESOLUTION
WHEREAS, Randall Reid applied for the vacation of the following described alley:
That part of the north-south alley in Block 8, Lakeside Park, Ramsey County
between the North line of the South one-half of Lot 3, and the South
Line of the North one-half of Lot 7.
WHEREAS, the history of this vacation is as follows:
1.The Planning Commission discussed this vacation on May 18, 1992. They recommended
that the City Council approve this vacation.
2.The City Council held a public hearing on June 8, 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.
WHEREAS, after the City approves this vacation, public interest in the property will
go to the following abutting properties:
The South one-half of Lot 3 and all of Lot 4, Block 8; Lot 5, Block 8; Lot 6 and the
North one-half of Lot 7, Block 8; all in Lakeside Park, Section 16, Township 29,
Range 22 in Ramsey County.
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 an alley in this location.
3.The adjoining properties have adequate street access.
4.The City has been vacating unneeded alleys whenever requested.
10 6-8-92
S.It will keep the east fifteen feet of the alley available for public use.
This vacation is subject to the retention of drainage and utility easement.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays -Councilmember ]uker
H. AWARD OF BIDS
I. UNFINISHED BUSINESS
1.Truth-In-Sale of Housing Ordinance (2nd Reading)
a.Manager McGuire presented the staff report.
b.Councilmember Zappa introduced the followinp Ordinance and moved its adoption:
ORDINANCE N0. 704
AN ORDINANCE READOPTING THE TRUTH-IN-SALE OF HOUSING
The Maplewood City Council approves the following ordinance:
Section 1.Article XII, Truth-in-Sale of Housing Ordinance, is hereby added to
Chapter 9 of the Code of Ordinances.
Article XII. Truth-in-Sale-of-Housing Ordinance.
Sec. 9-235. Purpose.
The purpose of this article is to protect the public health, safety and
welfare and to promote decent, safe and sanitary dwelling
accommodations. To help accomplish this, the City is requiring
the disclosure of housing information and defects as a condition
of the sale of housing. City inspectors may use this
information to require the correction of code violations.
Sec. 9-236. Definitions.
For the purpose of this article, the following terms are defined as follows:
Adequate water flow: Enough pressure to maintain at least a one-quarter
inch (1/4") diameter (pencil-sized) flow of water from
each of at least three (3) or more plumbing fixtures at
the same time.
Contractual agreement: An agreement, written or otherwise, between a
buyer and seller for the conveyance of, or the intent to
convey, all or part of a housing unit or residential
11 6-8-92
building. A contractual agreement shall include, but
not be limited to, an earnest money contract, deed or
purchase agreement.
Housing unit: A single dwelling, a double-dwelling unit, a townhouse
unit, a condominium unit (as defined by Minnesota
Statutes), or any other attached housing unit designed
for the occupancy of one family. A housing unit shall
not include a manufactured home.
Owner: A person having a vested interest in the housing unit or
residential building in question. This includes his or
her duly-authorized agent or attorney, before a sale.
Residential building: A building containing one or more housing units.
Sale: The conveyance of a housing unit or residential building to a new
owner.
Sec. 9-237. Applicability.
This article shall not apply to any newly constructed housing or residential
building when the title is conveyed to the first owner, except
that no owner shall convey or contract to convey a newly-
constructed housing unit or residential building without first
providing to the buyer:
1. A list of the names, addresses and telephone numbers of all contractors
and subcontractors who constructed the building.
2.The items in Section 9-238 (b) (2) (a, b, c, e, f, g, h and i).
Sec. 9-238. Truth-in-Sale of Housing Disclosure Report.
(a)An owner shall not show a housing unit or residential building to a
prospective buyer without publicly displaying and making
available a truth-in-sale of housing disclosure report.
This report shall be at the housing unit or residential
building at the time of showing and within three (3) days of
listing. A copy of the disclosure report shall be issued to
the buyer before the execution of a contractual agreement.
A copy of such report must be filed within 15 days with the
City to be valid. A double filing fee shall be collected by
the City if the report is not filed within 15 days.
(b)A housing disclosure report shall be prepared by the City. It shall
include:
(1)An evaluation by a City-certified housing inspector of specific parts
of the building and property listed on the housing
disclosure report. This list shall include, but not
be limited to, items addressed in the housing
maintenance, siding and junk removal ordinances.
12 6-8-92
The City shall be responsible for determining
whether there is an ordinance violation.
(2)A signed statement by the owner that includes the following
information:
a.Any damage to the building or its contents by flooding or sewer backup and
any evidence of chronic water seepage of which the owner has
knowledge.
b.The nature, extent and cause of any water seepage or flooding of any
portion of the property.
c.Whether or not there are pending housing orders from the City about the
property.
d.Whether there is a homestead classification for real estate taxes payable.
e.Any other known defects or problems that are not visible..
f.Any deed restrictions or covenants running with the property.
g.Whether the property is subject to the City's pipeline, shore land or
flood plain ordinances.
h.The location and status of all known wells, including a map, stating
whether the well is in use or abandoned and sealed.
i.Whether the property is next to a high-voltage transmission line. If so,
the disclosure form shall include the following statement:
"The subject property is located near a high-voltage
electric transmission line. Purchasers should be aware that
there is ongoing research on exposure to a magnetic field
generated by high-voltage lines. At this time no risk
assessments have been made."
(c)A truth-in-sale of housing disclosure report shall be valid for no more than
one year from the date of approval by the City. However, if there
is substandard maintenance or subsequent damage to the building, the
Director of Community Development may require a new inspection.
Sec. 9-239. Limitations.
(a)In making a housing inspection, the inspector shall consider any concealed
facilities to be adequate. The inspector shall base his or her
evaluation on the functional operation of the facility and the
condition of the equipment that is viewed. No other warrant is
expressed or implied.
(b)No one shall consider anything in a truth-in-sale of housing disclosure
report to imply that a residential building or housing unit meets
all minimum building standards. In addition, no one shall consider
anything in the report to imply a warrant of the condition of the
housing evaluated. The inspector warrants that he or she has used
reasonable care and diligence in inspecting and evaluating the
building.
13 6-8-92
Sec. 9-240. Certificate of Competency.
(a)No person shall fill out a truth-in-sale of housing disclosure report without
having a valid certificate of competency. The City must issue the
certificate of competency. The City will only approve housing
inspectors that have passed competency tests as truth-in-housing
evaluators in St. Paul. The housing inspectors must submit
certification papers to Maplewood from the City of St. Paul as
truth-in-housing evaluators. The City of Maplewood must license
each housing inspector that works in the City. Maplewood will
automatically revoke a housing inspector's license if it is revoked
in St. Paul. The City of Maplewood may require the passing of a
test that shows the inspector's knowledge of the City's housing
code. The City may then issue a certificate of competency which is
valid for one year. The City may issue renewals of all such
certificates. If a certificate of competency lapses for one year or
more, the person who held such certificate shall reapply to
Maplewood for renewal of such certificate. No holder of a
certificate of competency shall allow another person to use said
certificate.
(b)The City Council may revoke the certificate of competency of a housing
inspector for cause. At least ten days before the hearing, the City
shall send written notification to the mailing address used in the
inspector's application. The notice shall list the date, time and
place of the hearing and of the specific reasons for the suspension.
The Community Development Director may, at his or her discretion,
suspend the certificate of competency of a housing inspector pending
a suspension hearing.
Sec. 9-241. Insurance.
(a)No certificate of competency shall be issued or renewed without satisfactory
proof of insurance insuring the applicant/evaluator.
(b)The City shall be included as a named insured on the required insurance and
any additional cost for including the City shall be at the expense
of the applicant/evaluator.
(c)The applicant's/evaluator's insurance shall remain in force continuously
thereafter and no certificate of competency shall be deemed to be in
effect during any period of time when such insurance and proof
thereof are not also in effect.
(d)Each applicant/evaluator shall have an individually-named insurance policy.
(e)The insurance policy shall provide coverage of not less than $250,000 per
claim or $500,000 per year, aggregate, against any and all liability
imposed by law resulting from the performance of the duties as a
certified Truth-in-Sale of Housing evaluator.
Sec. 9-242. Housing Evaluation Fees.
14 6-8-92
The City Council shall set up a fee schedule by resolution for the filing of
truth-in-sale of housing disclosure reports.
Section 2. This ordinance shall take effect on July 1, 1992.
Seconded by Councilmember Carlson Ayes -all
2.Sterling/Schaller Improvements: Project 87-45 Easements
a.Manager McGuire presented the staff report.
b.Councilmember Juker moved to table this item until June 22, 1992.
Seconded by Councilmember Zappa Ayes -all
3.A.D.A. Survey
a.Manager McGuire presented the staff report.
b.Councilmember Carlson moved to table this item until July 13, 1992.
Seconded by Councilmember Carlson Ayes -all
NEW BUSINESS
l.Suburban Community Channels (SCC) Update
a.Manager McGuire presented the staff report.
b.Randy Olson, Suburban Community Channels presented a resolution in support of
Suburban Community Channels (SCC) and provided an update on their
activities.
Councilmember Rossbach moved to waive the Rules of Procedure and extend the meeting
until the end of the Agenda.
Seconded by Councilmember Zappa Ayes -Councilmembers Rossbach, Zappa
Nays -Mayor Bastian, Councilmembers
Carlson, Juker
Motion failed
Councilmember Juker moved to waive the Rules of Procedure and extend the meeting
until 11:15 p.m.
Seconded by Councilmember Zappa Ayes -Mayor Bastian, Councilmembers
Juker, Zappa
Nays - Councilmembers Carlson,
Rossbach
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2.Time Extension: 2076 English Street (Collins)
a.Manager McGuire presented the staff report.
b.Director of Community Development Olson presented the specifics of the report.
c.Mr. John Collins spoke regarding this matter.
d.Councilmember Carlson moved to approve a 45 day time extension to remove the
house and foundation and to reprade and landscape the house site;
declare the old house a public nuisance and authorize City staff to
have the house removed and the property restored if Mr. Collins has
not removed the house in 45 days.
Seconded by Councilmember Juker Ayes -all
3.1993-1997 Capital Improvement Plan (4 Votes)
a.Manager McGuire presented the staff report.
b.Councilmember Zappa moved to set aside June 18 from 10:00 a.m. to 4:00 p.m.
for the Council and Manager to discuss several issues.
Seconded by Councilmember Carlson Ayes -all
c.Councilmember Zappa moved to table Item J-3 until July 13, 1992.
Seconded by Councilmember Juker Ayes -all
4.Easement & Change Order: Project 90-14 (]anisch)
a.Manager McGuire presented the staff report.
b.Director of Public Works Haider presented the specifics of the report.
c.Councilmember Zappa moved to direct staff to continue with the existing plan.
Seconded by Councilmember Juker Ayes -all
Nays -
Abstain -
S.Harvester Area Storm Sewer and Streets - Schedule Public Hearing
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 Juker introduced the following Resolution and moved its
adoption:
92 - 06 - 56
16 6-8-92
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, the City Engineer for the city of Maplewood has been authorized and
directed to prepare a report with reference to the improvement of
Harvester Avenue Storm Sewer and Streets, City Project 90-12, by
construction of storm sewer and streets, and
WHEREAS, the said City Engineer has prepared the aforesaid report for the
improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1.The report of the City Engineer advising this Council that the proposed
improvement on Harvester Avenue Storm Sewer and Streets,
City Project 90-12, by construction of storm sewer and
streets is feasible and should best be made as proposed, is
hereby received.
2.The Council will consider the aforesaid improvement in accordance with the
reports and the assessment of benefited property for all or
a portion of the cost of the improvement according the MSA
Chapter 429, at an estimated total cost of the improvement
of $1,908,100.00.
3.A public hearing will be held in the Council Chambers of the City Hall at
1830 East county Road B on Monday, the 27th day of July,
1992, at 7:00 p.m., to consider said improvement. The City
Clerk shall give mailed and published notice of said hearing
and improvement as required by law.
Seconded by Councilmember Zappa Ayes -all
6.Appointment of New Prosecuting Attorney
a.Manager McGuire presented the staff report.
b.Mr. Martin Costello spoke on behalf of the proposal.
c.Councilmember Zappa moved to dismiss the firm of Peterson, Bell, Converse and
Jensen as of July 1, 1992 and to appoint the firm of Huphes and
Costello as Prosecutinp Attorney for the City effective July 1,
1992.
Seconded by Councilmember Carlson Ayes -all
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
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1.]uly 6 Meeting
a.Councilmember Carlson requested the July 6, 1992 meeting be moved to July 9,
1992.
b.Councilmember Zappa moved the July 6, 1992 meeting be re-scheduled for July 9,
1992.
Seconded by Councilmember Juker Ayes -all
2.Frank's Nursery Problems
a.Councilmember Zappa requested staff to follow up on the request for Franks
Nursery to clean up their area.
3.White Bear Avenue Traffic Report
a.Councilmember Zappa requested staff submit a report to Council regarding the
White Bear Avenue traffic in the Maplewood Mall area.
4.]ob Share Position
a.Councilmember Juker questioned the procedure regarding the proposed job share
position.
b.Councilmember Juker requested the job share position be discussed at a meeting
with the City Manager.
S.Volunteer Pool
a.Mayor Bastian requested an update regarding the "Volunteer Group Network" that
the City previously had.
6.City Project Review
a.Mayor Bastian stated Project 90-07 City Wide Water Main has created
complaints, and that staff, residents, and contractors should be
pulled together for a meeting to discuss this matter.
b.Mayor Bastian moved to direct staff to research the way proiects are handled -
obtaininp bids, planning a proiect, completing a proiect, etc.
Seconded by Councilmember Zappa Ayes -all
M. ADMINISTRATIVE PRESENTATIONS
1.Arie1 & Highway 36
a.Manager McGuire stated construction had already started at Highway 36 and
Ariel. Staff has forwarded a letter to the Highway Department
indicating the City's displeasure at the lack of communication
regarding the construction of the Highway 36/Ariel access.
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b.Councilmember Zappa moved the City send an invitation to a high-ranking
official of MnDOT to meet and discuss the access at Hiphway 36 and
Ariel.
Seconded by Councilmember Carlson Ayes -all
N. ADJOURNMENT OF MEETING
11:19 P.M.
Lucille E. Aurelius
City Clerk
19 6-8-92