HomeMy WebLinkAbout12-28-92 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 28, 1992
Council Chambers, Municipal Building
Meeting No. 92-25
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 7:02 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 Council/Manager Meeting December 7, 1992
Councilmember Zappa moved to approve the minutes of Council/Manager Meeting of
December 7, 1992 as presented.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian,
Councilmembers Carlson,
Rossbach, Zappa
Nays -None
Abstain -Councilmember Juker
2.Minutes of Council/Manager Meeting December 10, 1992
Councilmember Zappa moved to approve the minutes of Council/Manager Meeting of
December 10, 1992 as presented.
Seconded by Councilmember Rossbach Ayes - all
3.Minutes of Meeting 92-23 December 10, 1992)
Councilmember Zappa moved to approve the minutes of Meeting No. 92-23 (December
10, 1992) as corrected:
Page 2: Mr. Muraski, 55 McClelland, stated he was not in favor of the
Share-A-Home Program .
Seconded by Councilmember Rossbach Ayes - all
4.Minutes of Council/Manager Meeting December 14, 1992
Councilmember Rossbach moved to approve the minutes of Council/Manager Meeting
of December 14, 1992 as presented.
Seconded by Mayor Bastian Ayes -Mayor Bastian,
Councilmembers Carlson,
Rossbach, Zappa
1 12-28-92
Nays -None
Abstain -Councilmember Juker
S.Minutes of Meeting 92-24 (December 14, 1992)
Mayor Bastian moved to table the minutes of Meeting No. 92-24 (December 14,
1992) pending correction of the following items and resolution of the
question regarding the discussion and vote on Item L-1, Hazelwood Street
vs Hazelwood Avenue:
Page 9: Vote on Resolution 92-12-166: Ayes - Mayor Bastian, Councilmembers
Carlson, Zappa
Nays - Councilmembers Rossbach, Juker
Page 11: Vote on Resolution 92-12-167: Ayes - Mayor Bastian, Councilmembers
Carlson, Zappa
Nays - Councilmembers Rossbach, Juker
Page 13:Item I,S,b: Restated: Councilmember Zappa moved Cadets $4,870 to be
paid for Hv plus interest on the loan taken for costs
incurred for this program.
Page 17:Vote on Item J-9:Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach,
Zappa
Nays -Councilmember Juker
Seconded by Councilmember Rossbach Ayes - all
6.Minutes of Council/Manager Meeting December 16, 1992
Councilmember Zappa moved to approve the minutes of Council/Manager Meeting of
December 16, 1992 as presented.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian,
Councilmembers Carlson,
Rossbach, Zappa
Nays -None
Abstain -Councilmember Juker
E. APPROVAL OF AGENDA:
1.Mayor Bastian stated the applicant had requested Item J-1, Time Extensions:
Cottages of Maplewood West, be tabled to January 11, 1994.
a.Mayor Bastian moved to table Item J-1 to January 11, 1994.
Seconded by Councilmember Juker Ayes -all
2.Mayor Bastian moved to approve the Agenda as amended:
L-8 Reconsideration of Hazelwood Street vs Hazelwood Avenue
M-1 Oak Ridge Special Meeting
M-2 Ramsey County Library Invitation
M-3 Council/Manager Meeting - proposed for January 4
Seconded by Councilmember Rossbach Ayes - all
2 12-28-92
EA. APPOINTMENTS/PRESENTATIONS
NONE
F. CONSENT AGENDA:
Councilmember Zappa moved, seconded by Councilmember Juke r; ayes - all, to approve
the consent agenda items F-1 and F-3 - F-5 as recommended. (Item F-2 removed and
moved to January 11, 1993.)
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 721,197.95 Checks #23950 - #24028
Dated 12- 1-92 thru 12-16-92
$ 95,354.72 Checks #19311 - #19455
Dated 12-28-92
$ 816,552.67Tota1 per attached voucher/check register
PAYROLL: $ 205,888.SSPayroll Checks #30018 thru #30186
Dated 12-18-92
$ 50,774.OOPayroll Checks #29970 thru #30001
Dated 12-15-92
$ 42,711.30 Payroll Deduction Checks #30187 thru
#30208 dated 12-18-92
$ 299,373.85 Total Payroll
$1,115,926.52 GRAND TOTAL
2.Financial Transfers for Project 89-12
Withdrawn from this Agenda to be placed on January 11, 1993 Agenda
3.Conditional Use Permit Termination: 1918 Kennard Street (Roberts)
Terminated the Conditional Use Permit for home operation of a furniture
reupholstering business at 1918 Kennard Street as the business is no
longer operated there.
4.Conditional Use Permit Review: 2228 Maplewood Drive (Citgo Fuel Station)
Reviewed the Conditional Use Permit allowing the fuel station canopy at 2228
Maplewood Drive within 350 feet of a residential zone and renewed the
permit for an additional five years.
S.Conditional Use Permit Review: 940 Frost Avenue (St. Paul Tourist Cabins and
Manufactured Home Park
Reviewed and approved the Conditional Use Permit allowing 45 units in the Mobile
Home Park. This permit is not to be reviewed again unless a problem
develops.
G. PUBLIC HEARINGS
1.7:00 P.M. (7:15 P.M.): Dog Kennel License (Drees), 1232 Farrell Street
a.Mayor Bastian convened the meeting for a public hearing regarding .
3 12-28-92
b.Manager McGuire presented the staff report.
c.Public Safety Director Collins presented the specifics of the report.
d.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Julia Drees, 1232 Farrell Street, the applicant
e.Mayor Bastian closed the public hearing.
f.Councilmember Zappa moved to deny this Kennel Permit application.
Seconded by Councilmember Juker Ayes -Councilmembers Juke r, Rossbach,
Carlson
Nays -Mayor Bastian, Councilmember
Carlson
g.Councilmember Zappa moved to direct staff to place the Kennel Ordinance on the
agenda for one of the next Council/Manager meetings.
Seconded by Councilmember Rossbach Ayes -all
2.7:15 P.M. (7:27 P.M.): 2730 Highwood Avenue (Carver General Repair)
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.Kevin Kittridge presented the Planning Commission Report.
e.Mayor Bastian reported the information from the minutes of the Community
Design Review Board.
f.Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Ken Gervais, Linwood Avenue E., representing the applicant
g.Mayor Bastian closed the public hearing.
Conditional Use Permit - Entry Expansion
h.Councilmember Zappa introduced the following Resolution and moved its
adoption, with approval based on the following agreement from Harold
Carver to Fire Marshal Embertson dated 10-8-92:
"On October 8, 1992 Harold Carver/Carver General Repair has applied to
the City of Maplewood for a conditional use permit to
construct a 400 sq. ft. waiting room area on the
Northeast corner of the existing building. It is hereby
understood by the undersigned, Harold Carver, that this
is the maximum allowed in square footage - where the
City of Maplewood would not require fire protection by
sprinkling. It is also understood that any future
4 12-28-92
requests for expansion of the present facility will
require that the whole facility be fire-protected by a
sprinkling system - so approved by the City of
Maplewood."
92 - 12 - 170
CONDITIONAL USE PERMIT FOR ENTRY EXPANSION
WHEREAS, Harold Carver applied for a conditional use permit to build a 400-
square-foot addition onto the Carver General Repair.
WHEREAS, this permit applies to 2730 Highwood Avenue. The legal description is:
SUBJ TO HWY THE FOL E 157 FT OF LOTS 2, 3 AND LOT 4
WHEREAS, the history of this conditional use permit is as follows:
1.The Planning Commission discussed this application on December 7, 1992. They
recommended that the City Council approve this permit.
2.The City Council held a public hearing on December 18, 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, because:
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.
8.The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
5 12-28-92
9.The use would cause minimal adverse environmental effects.
l0.There would not be a significant affect on the development of the parcel as
zoned.
Approval is subject to the following conditions:
1.A11 construction shall follow the site plan that the City stamped October 9,
1992. The Director of Community Development may approve minor changes.
2.The proposed construction must be substantially started or the proposed use
utilized within one year of Council approval or the permit shall become
null and void. The Council may extend this deadline for one year.
3.The City Council shall not review this permit unless a problem develops.
Seconded by Councilmember ]uker Ayes -all
Conditional Use Permit - Metal Building
g.Mayor Bastian introduced the followinp Resolution and moved its adoption based
on the followinp information received in a letter to the Maplewood
Fire Marshall:
92 - 12 - 171
CONDITIONAL USE PERMIT FOR STORAGE BUILDING
WHEREAS, Harold Carver applied for a conditional use permit to build a 2,970-
square-foot metal storage building on property zoned BC (business commercial).
WHEREAS, this permit applies to 2730 Highwood Avenue. The legal description is:
EX E 157 FT; LOTS 2 THRU LOT 4 & PART OF E 188 FT OF W 264 FT OF N 165 FT OF E
1/2 OF NE 1/4 OF SE 1/4 OF SEC 13 TN 28 RN 22 AND PART OF LOTS 1 & 5
& LOT 6 CARVER LOTS DESC AS BEG AT NE COR OF LOT 1 TH S TO NW COR OF
LOT 5 TH E 152.01 FT ALONG NL OF LOT 5 TO NWLY R/W L OF HWY 494 TH S
38 DEG 10 MIN 19 SEC W ALONG SD HWY R/W L 135.78 FT TH N 65 DEG 20
MIN OS SEC W 269.08 FT TH N 0 DEG 24 MIN 21 SEC W 275.18 FT TO THE
INT WITH EXT NL OF LOT 1 TH E ALONG SD EXT NL TO BEG.
WHEREAS, the history of this conditional use permit is as follows:
1.The Planning Commission discussed this application on December 7, 1992. They
recommended that the City Council approve this permit.
2.The City Council held a public hearing on December 28, 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, because:
1.The use would be located, designed, maintained, constructed and operated to
6 12-28-92
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.
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.No more than 20% of the building is visible from streets or the highest
topographical point of the nearest residential lot line.
11.The building would not be of lesser quality than surrounding development.
Approval is subject to the following conditions:
1.A11 construction shall follow the site plan that the City stamped October 9,
1992. The Director of Community Development may approve minor changes.
2.The proposed construction must be substantially started or the proposed use
utilized within one year of Council approval or the permit shall become
null and void. The council may extend this deadline by one year.
3.The City Council shall not review this permit unless a problem develops.
Seconded by Councilmember ]uker Ayes -all
H. AWARD OF BIDS
Art Wilde approached the microphone and inquired about expiration of the Cottages of
Maplewood permit expiring before the date of the meeting when it will be
discussed.
Mr. Wilde was informed it is common practice for permits to be reviewed after their
expiration, and there would be no adverse consequences from the meeting being
7 12-28-92
held after that expiration.
I. UNFINISHED BUSINESS
1.Increase in Community Development Department License/Permit Fees and Service
Charges
a.Manager McGuire stated staff had requested this item be tabled until the User
Fee Study has been completed.
b.Councilmember ]uker moved to table this item.
Seconded by Councilmember Rossbach Ayes -all
2.Dog Kennel License - 2300 Carver Avenue
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:
Mr. Peter Berg, 2300 Carver Avenue, the applicant
c.Councilmember Zappa moved to take no action since the applicant presently has
only two dogs and since the ordinance will be reviewed soon.
Seconded by Councilmember ]uker
d.Mayor Bastian asked Mr. Berg if, under the circumstances, he would prefer to
withdraw his application and re-apply at a later date if he acquires
another dog.
d.Mr. Berg stated he would like to withdraw his application.
e.Councilmember Zappa moved to accept Mr. Berp's withdrawal of the application.
Seconded by Councilmember ]uker Ayes -all
f.LeAnn Sheiber, 2316 Carver Ave., thanked Council for not approving the permit
application.
3.Conditional Use Permit: 1850 White Bear Avenue (Aldrich Arena)
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:
Mike Mattson, Ramsey County Recreation Department
d.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
92 - 12 - 172
8 12-28-92
CONDITIONAL USE PERMIT FOR SIGN
WHEREAS, the Ramsey County Parks and Recreation Department applied for a
conditional use permit to replace the 728-square-foot Aldrich Arena freestanding
sign with a 283-square-foot sign.
WHEREAS, this permit applies to 1850 White Bear Avenue. The legal description
is:
Subject to avenues and easements and except the West 620 feet of the North 438
feet the West 810 feet of the N 1/2 of the SW 1/4 of Sec. 14, T 29,
R 22.
WHEREAS, the history of this conditional use permit is as follows:
1.On November 10, 1992, the Community Design Review Board recommended that the
City Council approve a 300-square-foot sign.
2.The City Council held a public hearing on December 14, 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 from the City staff and
Community Design Review Board.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a conditional use
permit for a 283-square-foot sign, because:
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.
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.
9 12-28-92
lO.The proposed sign is of a more restrictive nature than the existing sign.
Approval is subject to the following conditions:
1.A11 construction shall follow the sign drawing on page _ of the December 18, 1992
staff report. The Director of Community Development may approve minor
changes.
2.The proposed construction must be substantially started within one year of
Council approval or the permit shall end. The Council may grant up to
one one-year extension of the permit.
3.The property owner shall install cool-white lights in the sign panels.
4.The property owner shall turn the lights off from midnight to 7:00 a.m.
S.The City Council will not review this permit unless a problem develops.
Seconded by Councilmember ]uker Ayes -Mayor Bastian, Councilmembers
]uker, Rossbach, Zappa
Nays -Councilmember Carlson
4.Liquor License Amendment to Ordinance (Second Reading)
a.Manager McGuire presented the staff report.
b.Councilmember Zappa introduced the followinp Ordinance and moved its adoption:
ORDINANCE N0. 709
AN ORDINANCE RELATING TO HOURS OF CLOSING FOR OFF-SALE LIQUOR ESTABLISHMENTS
AMENDING SECTION 5-71 OF THE MAPLEWOOD LIQUOR ORDINANCE
Sec. 5-71. Hours of Sale.
(b) No sale of intoxicating liquor may be made by an off-sale licensee:
(1)On Sundays;
(2)Before 8:00 a.m. on Monday through Saturday;
(3)After 8:00 p.m. on Monday through Thursday and 10:00 p.m. on Friday and
Saturday;
(4)On Thanksgiving Day;
(5)On Christmas Day, December 25; but on the evenings preceding such days,
notwithstanding the above provisions, "off-sales" may be
made until 10:00 p.m.; except that no "off-sale" shall be
made;
(6)After 8:00 p.m. on Christmas Eve, December 24.
State law reference - Hours and days of sale, M.S. 340A.504, subds. 2, 4.
10 12-28-92
Seconded by Mayor Bastian Ayes -all
NEW BUSINESS
1.Time Extensions: Cottages of Maplewood West
Item tabled to January 11, 1994
2.Tenth Street Boxing: Gambling Permit
a.Manager McGuire presented the staff report.
b.Public Safety Director Collins 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:
Lou Danna, the applicant
d.Councilmember Zappa introduced the followinp Resolution and moved its
adoption:
92 - 12 - 173
APPROVING CHARITABLE GAMBLING FOR TENTH STREET BOXING CLUB
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises permit for lawful gambling is approved for Tenth Street Boxing
Club, Inc. to be located at Bleechers, 2220 White Bear Avenue.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said
permit application as being in compliance with Minn. Statutes No.
349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control
Division for their approval.
Seconded by Councilmember Carlson Ayes -all
3.Park Availability Charge (Commercial and Industrial Property)
a.Manager McGuire presented the staff report.
b.Parks and Recreation Director Odegard presented the specifics of the report.
c.Commissioner Jeanne Ewald presented the Park and Recreation Commission report.
d.Mayor Bastian asked if anyone wished to speak before the Council regarding
this matter. No one appeared.
e.Councilmember Zappa moved to table this item for additional information on the
amount of funds and a comparison of commercial property values, to
be placed on the January 11, 1993 Apenda.
11 12-28-92
Seconded by Councilmember ]uker Ayes -Councilmembers Carlson, ]uker,
Zappa
Nays -Mayor Bastian, Councilmember
Rossbach
12 12-28-92
4.Increase in Ambulance Rates
a.Manager McGuire presented the staff report.
b.Director of Finance Faust presented the specifics of the report.
c.Councilmember Zappa moved to approve an 18% increase in rate plus a charge of
$6.60 per mile transported.
Seconded by Councilmember Juker Ayes -Councilmembers Juke r, Zappa
Nays -Mayor Bastian, Councilmembers
Carlson, Rossbach
Motion Failed
d.Justin Mailman, 2400 Flandrau, commented on the paramedic service.
e.Mary Martin, Maplewood resident, commented on the fact that when she and her
son were transported together, they had been charged for two trips.
f.Pat Kelly reported on information he had received regarding possible
legislation relative to collection of ambulance fees.
g.Councilmember Carlson introduced the following Resolution and moved its
adoption:
92 - 12 - 174
RESOLUTION ADOPTING 1993 AMBULANCE RATES
WHEREAS, the City of Maplewood is authorized to impose reasonable charges for
emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by
special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and
WHEREAS, the paramedic ambulance services are partly financed by property taxes;
and
WHEREAS, it is fair and reasonable to charge non-residents a higher rate than
residents for services rendered; and
WHEREAS, it is fair and reasonable to charge for services rendered based upon
the distance a person is transported and by type of services provided; i.e.,
basic or advanced life support services as defined by Medicare.
NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective
January 1, 1993:
Residents Non-Residents
Base rates:
Basic ambulance services $220
$240
Advanced life support ambulance services $395
$435
Rate per mile transported $6.60
$6.60
BE IT FURTHER RESOLVED, that there shall be no charge for services rendered when
the length of services is 10 minutes or less, when the patient is not
13 12-28-92
transported, when the patient is transported to the detoxification center, or
when the patient is transported in a squad car.
Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers
Carlson, ]uker, Zappa
Nays -Councilmember Rossbach
S.County Road B Storm Sewer, Project 90-14: Reduction of Retainage
a.Manager McGuire presented the staff report.
b.Director of Public Works Haider presented the specifics of the report.
c.Mayor Bastian introduced the followinp Resolution and moved its adoption:
RESOLUTION 175
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 90-14 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 90-14, Change Order 2.
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 2 in the amount of $5,883.00.
The project budget is amended and does not require revision.
Seconded by Councilmember ]uker Ayes -all
d.Mayor Bastian introduced the followinp Resolution and moved its adoption:
RESOLUTION 176
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 90-14 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 90-14, Change Order 3 (recapitulation).
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 -$75,372.04
(deduct).
Additional project funding is not required.
14 12-28-92
Seconded by Councilmember Juker Ayes -all
e.Mayor Bastian introduced the followinp Resolution and moved its adoption:
RESOLUTION 177
ACCEPTANCE OF PROJECT
WHEREAS, the City Engineer for the City of Maplewood has determined that
County Road B/TH 61 Storm Sewer, City Project 90-14, is complete and
recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that City Project 90-14 is complete and maintenance of these
improvements is accepted by the City. Release of any retainage in the
amount of $33,567.64 or escrow is hereby authorized.
Seconded by Councilmember Juker Ayes -all
6.Highwood-McKnight Storm Sewer, Project 90-10: Reduction of Retainage
a.Manager McGuire presented the staff report.
b.Councilmember Juker moved to approve the reduction in retainage from 5 percent
to 1 percent.
Seconded by Mayor Bastian
c.Councilmember Zappa moved to amend the motion to state that if the cost of
replacing the sod would be greater than the 1% retainage, the matter
be brought back to Council.
ORIGINAL MOTION WITHDRAWN
d.Councilmember Rossbach moved to approve the reduction of retainage from 5% to
1% if the cost of replacing the sod would be no greater than
retainage; if the cost to replace the sod would be more than 1%, the
retainage would be increased to be equal to the retainage.
Seconded by Councilmember Zappa Ayes -all
7.Transportation Utility Resolution
a.Manager McGuire presented the staff report.
b.Councilmember Zappa introduced the followinp Resolution and moved its
adoption.
RESOLUTION 92 - 12 - 178
SUPPORTING LEGISLATION TO AUTHORIZE CITIES TO
ESTABLISH A TRANSPORTATION UTILITY
15 12-28-92
WHEREAS, the Minnesota legislature is considering legislation which would
authorize cities to create "Transportation Utilities"; and
WHEREAS, the League of Minnesota Cities (LMC) and the City Engineers'
Association of Minnesota (CEAM) have prepared and submitted concept
guidelines and information to the legislature in support of such
legislation; and
WHEREAS, it is the opinion of the Maplewood City Council that this City will
be unable to meet its needs for reconstruction of local streets unless a
new funding source is made available; and
WHEREAS, property taxes of the rates typically being levied do not take into
consideration the need to rehabilitate and reconstruct city streets.
WHEREAS, under strict interpretation of Minnesota law pertaining to special
assessments, recent court rulings have found minimal benefit accrues to
fronting property when a deteriorated street is reconstructed and have
struck down or significantly reduced special assessment levies.
WHEREAS, the streets under the jurisdiction of Minnesota cities comprise an
integral and necessary component of the overall State transportation
network, reducing dependency on the State and County systems.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Maplewood,
Minnesota that:
1.This City endorses and supports proposed legislation which would authorize
cities to establish transportation utilities.
2.This City supports the concept and guidelines for establishment of
transportation utilities as developed and presented by the
LMC and the CEAM.
Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers
Carlson, Zappa
Nays -Councilmembers ]uker, Rossbach
8.Fina1 Payment: Remove and Install Eight Underground Oil Storage Tanks and
Appurtenances
a.Manager McGuire presented the staff report.
b.Mayor Bastian moved to authorize final payment in the amount of $54,923.
Seconded by Councilmember ]uker Ayes -all
9.Request Authorization to Hire a Police Officer
a.Manager McGuire presented the staff report.
b.Director of Public Safety Collins responded to questions regarding the
position.
c.Councilmember Zappa moved to authorize hiring a Police Officer, and the
appropriate budget transfers to accomplish this.
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Seconded by Councilmember Juker Ayes -all
lO.Appointment to Community Education Advisory Council
a.Manager McGuire presented the staff report.
b.Parks and Recreation Director Odegard presented the specifics of the report.
c.Commissioner Jean Ewald presented the Park and Recreation Commission's stand
on this matter.
d.Councilmember Zappa moved to take no action, leaving as is.
Seconded by Councilmember Rossbach Ayes -Councilmembers Juker, Zappa
Nays -Mayor Bastian, Councilmembers
Carlson, Rossbach
MOTION FAILED
e.Councilmember Carlson moved to accept the staff recommendation and advertise
for a volunteer.
Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays -Councilmembers Juker, Zappa
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1.Used Signs
a.Councilmember Zappa expressed concern about the number of dilapidated signs in
the City and stated someone needs to be responsible for ensuring
sign removal when businesses move.
b.Councilmember Zappa moved to direct staff to report on alternatives for
dealing with this problem.
2.Doors at City Hall
a.Councilmember Zappa inquired whether the front doors of City Hall can be
equipped to open mechanically.
b.Staff stated they are investigating the possible options regarding this, and
are looking into possible obtaining some funding through a Community
Development Block Grant.
3.Apartments Needing Repair
a.Councilmember Zappa inquired whether we need a stronger ordinance or if the
ordinance is not being enforced with regard to apartment buildings
in need of repair.
b.Councilmember Zappa moved to direct staff to report on the situation at 1716
Adolphus Street, and to review the ordinance covering this type of
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situation.
Seconded by Mayor Bastian Ayes -all
4.Property Behind Rainbow
a.Councilmember Zappa commented on the poor appearance of the area behind the
Rainbow store, and the graffiti on the back walls of the buildings,
and asked why something had not been done about cleaning it up.
b.Justin Mailman, 2400 Flandrau, stated the dumpsters behind Rainbow are
leaking.
c.Councilmember Zappa moved to direct staff to investigate the conditions and
report to Council.
Seconded by Mayor Bastian Ayes -all
S.Graffiti
a.Councilmember Zappa stated this was covered in Item L-4
6.Grassel Letter
a.Councilmember Zappa inquired whether the Grassel/Fleming issue had been
resolved.
b.Staff reported it had been.
7.Gambling 10%
a.Councilmember Zappa moved to direct Staff to amend the Gambling Ordinance to
reduce the administrative fee from charitable gambling from 10% to
3% and eliminate having funds to distribute.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmember
Zappa
Nays -Councilmembers Carlson, Juke r,
Rossbach
MOTION FAILED - ADMINISTRATIVE FEE WILL REMAIN AT 10%
8.Reconsideration of Vote on Hazelwood Avenue/Street
a.Councilmember Rossbach moved to place the Hazelwood Avenue/Street question on
the January 11, 1993 Agenda for reconsideration.
Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers
Carlson, Juke r, Rossbach
Nays -Councilmember Zappa
9.Mayor's Update
a.Mayor Bastian reported on various meetings and discussions with citizens.
M. ADMINISTRATIVE PRESENTATIONS
1.Oakridge Special Meeting
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a.Manager McGuire stated that the proposed Oakridge Development had generated
about 4 hours of discussion at the Planning Commission meeting and
suggested a special meeting be held.
b.Mayor Bastian moved to schedule a special meeting for Tuesday, January 19,
1993 from 6:00 - 10:00 p.m.
Seconded by Councilmember Zappa Ayes -Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays -Councilmember Juker
2.Ramsey County Library
a.Manager McGuire stated a letter had been received from the Ramsey County
Library Association thanking the City for the donation and inviting
the Mayor and Council to a meeting on Tuesday, January 12 at 7:00
p.m. at the Shoreview Library to present the check.
b.Council requested an attempt be made to move the presentation to the Maplewood
Library at 6:30 p.m. on January 12.
3.Council/Manager Meeting
a.Manager McGuire stated there is a Council/Manager meeting scheduled for
January 4 from 5:30 - 7:30. He also stated a meeting (about two
hours) needs to be scheduled for discussion of the fee study
results. He suggested either adding to the January 4 meeting, or
scheduling it after the pre-agenda meeting on January 7.
b.Mayor Bastian moved the pre-agenda meeting be extended to include the fee
study results.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmember
Rossbach
Nays -Councilmembers Carlson, Juker,
Zappa
MOTION FAILED
N. ADJOURNMENT
9:47 P.M.
Lucille E. Aurelius
City Clerk
19 12-28-92