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HomeMy WebLinkAbout11-09-92 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 9, 1992 Council Chambers, Municipal Building Meeting No. 92-21 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.Minutes of Meeting 92-20 (October 26, 1992) Councilmember Zappa moved to approve the minutes of Meeting No. 92-20 (October 26, 1992) as corrected: Page 16, Item I,4,f: Councilmember Carlson voted "Aye"; minutes should be: "Ayes - all" Seconded by Mayor Bastian Ayes - all E. APPROVAL OF AGENDA: Councilmember Zappa moved to approve the Agenda as amended: L1. Bidding for Body Work L2. Moratorium L3.Mayor's Forum Update L4.Snow Plowing Seconded by Mayor Bastian Ayes - all F. CONSENT AGENDA: Councilmember Zappa moved, seconded by Councilmember Carlson; ayes - all, to approve the consent agenda items 1 thru 8, 10, and 13 thru 15 as recommended. (Items 9, 11, 12 and 16 moved to J-7, J-8, J-9 and J-10.) 1 11-9-92 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 445,404.03 Checks #23760 - #23833 Dated 10-15-92 thru 10-30-92 $ 224,710.82 Checks #18846 - #18981 Dated 11-9-92 $ 670,114.85 Total per attached voucher/check register PAYROLL: $ 207,894.04Payroll Checks #29089 thru #29255 Dated 10-23-92 $ 44,051.27 Payroll Deduction Checks #29260 thru #29276 dated 10-23-92 $ 291545.31 Total Payroll $ 922 060 16 GRAND TOTAL 2.Financial Transfers to Close Improvement Project 84-12 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close Project 84-12 retroactive to 10-30-92. 3.Financial Transfers to Close Improvement Project 86-15 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close Project 86-15 retroactive to 10-29-92. 4.Financial Transfers to Close Improvement Project 86-22 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close Project 86-22 retroactive to 10-29-92. S.Financial Transfers to Close Improvement Project 86-25 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close Project 86-25 retroactive to 10-29-92. 6.Financial Transfers to Close Improvement Project 87-13 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close Project 87-13 retroactive to 10-30-92. 7.Financial Transfers to Close Improvement Project 87-19 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close Project 87-19 retroactive to 10-30-92. 8.Financial Transfers to Close Improvement Project 87-44 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close Project 87-44 retroactive to 2 11-9-92 10-30-92. 9.Ambulance Bill - Application for Cancellation Moved to J-9 (New Business) lO.Fina1 Plat: Toenjes Farm Approved the Toenjes Farm final plat for 26 homes along McMenemy and Edgemont Streets, south of Skillman Avenue. ll.Budget Transfer: City Clerk Moved to J-10 (New Business) 12. Budget Transfer: Street Lights Moved to J-11 (New Business) 13.Plan Approval Resolution: McKnight Road Bike Path, Project 90-06 92 - 10 - 148 McKNIGHT ROAD BIKE PATH, PROJECT 90-06 WHEREAS, plans for Project No. S.P. 62-668-29 showing proposed alignment, profiles, grades and cross sections for the construction of a detached path along County State Aid Highway No. 68 (McKnight Road) within the limits of the City as a Federal Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: that said plans be in all things approved. 14.Proclamation: Community Values Week VALUES WEEK November 8-14, 1992 WHEREAS, members of the community have identified the following sets of values: RESPECT FOR SELF AND OTHERS: Appreciating the unique qualities of others and oneself; accepting and affirming individual differences and cultural diversity; and displaying courtesy and appreciation for others. COMPASSION: Caring about others; displaying kindness and concern for others; empathizing with others' feelings; and helping others through actions. RESPONSIBILITY: Understanding and accepting the impact and consequence of personal actions and decisions; striving to fulfill the obligations to the common good of society. HONESTY/INTEGRITY: Practicing truthfulness and sincerity in relationships and actions; shaping a clear set of beliefs and ethics which direct thoughts and actions. COMMITMENT: Believing in one's personal capacity to make a difference; investing the hard work needed to realize goals; seeking ways to consistently improve; and persisting through setbacks. VALUING FAMILIES: Respecting one's own and others' families, affirming the 3 11-9-92 need for healthy families; and supporting families in their needs. SENSE OF COMMUNITY: Accepting the rights, responsibilities and privileges of belonging to the community; striving to include all members of the community in the process of community life. WHEREAS, it is the desire of these communities to collectively promote these values and to encourage their support through the establishment of a "Values Week." NOW, THEREFORE, BE IT RESOLVED that I, Gary W. Bastian, Mayor of the City of Maplewood, do hereby proclaim the week of November 8 through November 13, 1992 as VALUES WEEK in Maplewood, and call upon the citizens to partake of the activities during this "Values Week", through embracing and implementing these values in their work and home life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Maplewood to be affixed this 9th day of November, in the year of our Lord one thousand nine hundred and ninety-two. 15.Relief Association Benefit Changes Authorized the following benefit schedule for the Maplewood Fire Fighters Relief Association: PER YEAR OF SERVICE Current Benefits $1,700 1992 +200 1,900 1993 +100 2,000 1994 + 80 2,080 1995 + 80 2,160 1996 + 80 2,240 16.]oy Park Moved to ]-10 (New Business) G. PUBLIC HEARINGS 1.7:00 P.M.: 2660 Keller Parkway (Bruns) a.Mayor Bastian convened the meeting for a public hearing regarding a request for a registered land survey, a variance and variations from the subdivision ordinance for the property at 2660 Keller Parkway. 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: Steven Bruns, the applicant f.Mayor Bastian closed the public hearing. 4 11-9-92 Councilmember ]uker left the meeting due to illness. g.Councilmember Zappa moved to table this item and direct the attorney to meet with the Ramsey County Register of Deeds offices to resolve the problem. Motion died for lack of a second. Variance: h.Councilmember Rossbach introduced the followinp Resolution and moved its adoption: 92 - 10 - 149 ZONING VARIANCE RESOLUTION WHEREAS, Steven H. Bruns from Price & Bruns, Ltd. applied for a variance from the zoning ordinance. WHEREAS, the legal description of the properties are: Tracts B and C of Registered Land Survey WHEREAS, Section 36-566 of the Maplewood Code of Ordinances requires an average lot area of 15,000 square feet per lot. WHEREAS, the average lot area of Tracts A, B and C are only 764 square feet per lot. WHEREAS, the history of this variance is as follows: 1.The Planning commission discussed this variance on September 21, 1992. They did not make a recommendation to the City Council. 2.The City Council held a public hearing on November 9, 1992. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variance because the City previously approved the divisions as a lot division in 1990. The County has created a hardship for the property owners by requiring an RLS. Seconded by Councilmember Carlson Ayes -all (4) 3 Variations h.Councilmember Rossbach introduced the followinp Resolution and moved its adoption: 5 11-9-92 92 - 10 - 150 SUBDIVISION CODE VARIATION RESOLUTION WHEREAS, Steven H. Bruns from Price & Bruns, Ltd. applied for three variations from the subdivision code. WHEREAS, the legal description of the properties are: Tracts B and C of Registered Land Survey WHEREAS, Section 30-8(f)(1)(a) of the Maplewood Code of Ordinances requires a minimum lot area of 10,000 square feet and a minimum frontage of 60 feet. WHEREAS, Tract B has only 360 square feet, Tract C has only 1,554 square feet and Tract B has only 20 feet of frontage. WHEREAS, the history of this variation is as follows: 1.The Planning Commission discussed this variation on September 21, 1992. They did not make a recommendation to the City Council. 2.The City Council held a public hearing on November 9, 1992. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variations for the following because the City previously approved the divisions as a lot division in 1990. The County has created a hardship for the property owners by requiring an RLS. These variations are subject to the following condition: Recordable quit claim deeds must be given to the City from the owners of Tracts B and C. These deeds shall be from the property owners to the City. These deeds shall prohibit the construction of any buildings, except a dock, on Tracts B and C. Seconded by Councilmember Carlson Ayes -all (4) Registered Land Survey i.Councilmember Rossbach moved to approve the proposed registered land survey, to be signed by the City when the applicant has met the following conditions: 1.Give the City a public street easement over Tract D. The easement shall be to Ramsey County. 2.Give the City a public street easement over Tract F. The easement shall be to the City of Maplewood. 3.Payment of a deferred City assessment. 6 11-9-92 4.Payment of $100 to the City for County recording fees. These fees include the covenants and easements. Seconded by Councilmember Carlson Ayes -all (4) H. AWARD OF BIDS I. UNFINISHED BUSINESS l.Sign Plan Change: Maplewood Corner Shoppes 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: John Nelson, Manager of Maplewood Corner Shoppes d.Councilmember Zappa moved to approve the replacement of a Around sign at the Maplewood Corner Shoppes, subiect to the following conditions: 1.The property owner shall remove the existing ground sign on Beam Avenue. 2.A11 construction shall follow the site plan and drawings on pages 3 and 4 of the October 8, 1992 staff report and the presentation of November 9, 1992. The Director of Community Development may approve minor changes. 3.The sign shall not extend over the public right-of-way. Seconded by Councilmember Carlson Ayes -all (4) NEW BUSINESS 1.Request by Cottages of Maplewood for Amendment of Agreement Related to Tax Increment a.Manager McGuire presented the staff report. b.Director of Finance Faust 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: Mr. Howard Rekstad, General Partner in Cottages of Maplewood d.Councilmember Bastian moved to table this item until November 23, 1992 with instruction to staff to investigate Option 3 (Grant the request but modify the agreement to have the reduction paid back to the City with interest in the future.), refer to the H.R.A. and report back. Seconded by Councilmember Rossbach Ayes -all (4) 7 11-9-92 2.Policy on Filing Conciliation Court Claims for Ambulance Bills a.Manager McGuire presented the staff report. b.Director of Finance Faust presented the specifics of the report. c.Councilmember Zappa moved to approve the alternative policy: to file a court claim and garnish an employee's wages if the balance due on an ambulance bill or any other bill is equal to or exceeds the court filing fee. d.Councilmember Carlson moved to take no action at this time. Councilmember Carlson withdrew his motion. e.Councilmember Carlson moved to table until November 23, 1992. Seconded by Mayor Bastian Ayes - all (4) Council requested staff to provide the percentage of payments made. 3.Change Order - District 22 Sanitary Sewer Replacement Project 91-10 a.Manager McGuire presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 10 - 151 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 91-10 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 91-10 Change Order 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 1 in the amount of $2,465. The project financing is amended to $432,465. The project financing is amended as follows: Sanitary Sewer Fund $432,465 Seconded by Councilmember Carlson Ayes -all (4) 4.Change Order - Sterling Street Project 87-45 8 11-9-92 a.Manager McGuire presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Councilmember Carlson introduced the following Resolution and moved its adoption: 92 - 10 - 152 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 87-45 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87-45 Change Order 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 3 in the amount of $38,710. The project financing is amended to $44,900. The increase is to be funded by Municipal State Aid. Seconded by Councilmember Zappa Ayes -all (4) S.Approval of Purchase: 2134 White Bear Avenue a.Manager McGuire presented the staff report. b.Assistant Manager Maglich presented the specifics of the report. c.Councilmember Rossbach moved to authorize the Mayor and City Manager to enter into an agreement to purchase the parcel owned by the Arthur Wicklander property at 2134 White Bear Avenue for up to $146,000, which includes all costs associated with relocation. Seconded by Councilmember Zappa Ayes -all (4) 6.Demolition of Buildings at Heritage Center (2005 Edgerton Street) a.Manager McGuire presented the staff report. b.Director of Parks and Recreation Odegard presented the specifics of the report. c.Councilmember Zappa moved to direct staff to prepare the proper forms for permitting the use of the Maplewood Heritage Center at 2005 Edgerton to be used for fire drills and to authorize the expenditure of Commercial PAC Funds for the sealing of the well, disconnecting the sewer, final cleanup of the area, and any other miscellaneous costs. Seconded by Councilmember Rossbach Ayes -all (4) 9 11-9-92 7.Ambulance Bill - Application for Cancellation (Moved from Consent Agenda) a.Councilmember Zappa questioned whether part of the applicant's income could be allocated to the City for the bill. b.Councilmember Zappa moved to direct staff to pursue collection of this bill by monthly payments. Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmember Zappa Nays -Councilmembers Carlson, Rossbach Motion failed c.Councilmember Carlson moved to authorize cancellation of a $380 ambulance bill (except for approximately $50 expected from Medicare) for Anna M. Leski of the Maplewood Care Center. Seconded by Councilmember Rossbach Ayes -Councilmembers Carlson, Rossbach Nays -Mayor Bastian, Councilmember Zappa Motion Failed 8.Budget Transfer: City Clerk (Moved from Consent Agenda) a.Councilmember Zappa questioned why added costs, other than the election, are necessary for this division. b.Mayor Bastian moved to authorize a 1992 Budget transfer of $12,700 from the Continpencv Fund to Accounts 101-301-000-4020 ($4,200), 101-302-000- 4020 ($5,000) and 101-304-000-4020 ($3,500) to cover part-time wage requirements. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach Nays -Councilmember Zappa 9. Budget Transfer: Street Lights (Moved from Consent Agenda) a.Councilmember Zappa questioned why the developer was not made to pay for these street lights. b.Councilmember Zappa moved to authorize a 1992 Budpet transfer of $4,470 from the Continpencv Fund to the new Construction, Fund Street Lights and Signals Division, for new street lights. Seconded by Councilmember Carlson Ayes -all (4) 10.]oy Park (Moved from Consent Agenda) a.Councilmember Zappa asked whether ]oy Park could be made a regional park and charge the costs to Ramsey County. b.Councilmember Zappa moved to take no action at this time and refer this matter to the Parks and Recreation Commission for review. Seconded by Councilmember Rossbach Ayes -all (4) 10 11-9-92 K. VISITOR PRESENTATIONS 1.Lorraine Fischer a.Mrs. Fischer requested staff prepare a report regarding the Cottages of Maplewood question that the guaranteed annual amount from property taxes on their project be reduced. L. COUNCIL PRESENTATIONS l.Bidding - Auto Body Work a.Councilmember Zappa moved to direct staff to review the bidding process for repair of City vehicles. Seconded by Mayor Bastian Ayes -all (4) 2.Moratorium a.Mayor Bastian stated the Open Space Committee has completed their assignment and will be submitting the information to the Council. b.Mayor Bastian stated a moratorium will be discussed further when the report is submitted. 3. Mayor's Update - Forum a.Mayor Bastian directed staff to investigate copyrighting the report from the Open Space Committee to make available to other municipalities and organizations. b.Mayor Bastian suggested having a workshop in December to deal with environmental issues. c.At the corner of Parkway Drive and Larpenteur - St. Paul has left debris on the Maplewood side, even though the work was done on the St. Paul side. 4.Snow Plowing a.Mayor Bastian stated sidewalks are not being plowed along White Bear Avenue and suggested the City should look into a policy regarding snow removal on sidewalks. b.Council directed staff to investigate options for snow removal from sidewalks and bus stops. 11 11-9-92 M. ADMINISTRATIVE PRESENTATIONS 1.December Meetings a.City Manager McGuire presented the dates for currently scheduled upcoming meetings and asked if any of them should be changed. b.Mayor Bastian moved to set the schedule of meetings as follows: Monday, November 16: 4:30 P.M. Council/Manager Thursday, November 19: 7:30 A.M. Meeting with Legislators 4:30 P.M. Special Council Meeting and Pre-Agenda Meeting Thursday, December 10: 4:30 P.M. Pre-Agenda Meeting 7:00 P.M.Special meeting for the adoption of the proposed 1993 Budget Monday, December 14: 7:00 P.M. Regular City Council Meeting Wednesday, December 16: 7:00 P.M.If necessary, continuation of 1993 Budget Meeting Monday, December 28: 7:00 P.M. Regular City Council Meeting Seconded by Councilmember Carlson Ayes -all N. ADJOURNMENT OF MEETING 10:18 P.M. Lucille E. Aurelius City Clerk 12 11-9-92