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HomeMy WebLinkAbout09-13-93 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 13, 1993 Council Chambers, Municipal Building Meeting No. 93-20 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 Acting Mayor Juker. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present (Arrived at 7:OZ P.M.) Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 93-18 (August 23, 1993) Councilmember Zappa moved to aaorove the minutes of Meeting No. 93-18 jAugust 23 1993) as presented. Seconded by Councilmember Carlson Ayes - all 2. Minutes of Special Council Meeting 93-19, August 26, 1993 Councilmember Zappa moved to aoorove the minutes of Soecial Council Meeting No 93-19 (August 26. 1993) as presented. Seconded by Councilmember Rossbach Ayes - all. 3. Minutes of Council/Manager Meeting, August 26, 1993 Councilmember Zappa moved to aaarove the minutes of Council/Manager Meeting of August 26 1993 as oresented Seconded by Councilmember Carlson Ayes - :;11 MAYOR BASTIAN ARRIVED AT 7:04 P.M. AND ASSUMED THE CHAIR. E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: Li. Bushes and Trees L2. FBI Report - Part II L3. Kenwood Drive and Mt. Vernon L4. Rental Property - White Bear Avenue Seconded by Councilmember Juker Ayes - all EA. PRESENTATIONS NONE F. CONSENT AGENDA Councilmember Zappa moved- seconded by Councilmember Carlson: ayes - all, to aaorove the consent aoenda items F- thru F-10 as recommended: 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: 3 746,794.43 Checks #1306 - #1384 Dated 812 -93 thru 8-31-93 3 580.933.80 Checks #10949 thru #11099 Dated 9-13-93 31,327,728.23 Total per attached voucher/check register PAYROLL: 3 212,404.07 Payroll Checks #36341 thru #36514 Dated 8-27-93 3 45.587.24 Payroll Deduction Checks #36519 thru #36533 dated 8-27-93 ~ 257,991.31 Total Payroll 51.585.719.54 GRAND TOTAL 2. Budget Change - Payroll Software Modification Approved the transfer of 5675 from the General Fund Contingency Account to the Finance Department budget for purchase of a payroll software modification to comply with PERA requirements. 3. Final Payment: Overlay Project Authorized final payment of 391,422.50 to Tower Asphalt 'for completion of Project 93-07, Bituminous Overlay. 4. Budget Adjustment - Emergency Pumping Authorized budget adjustments to cover a 321,326.76 grant from the Federal Emergency Management Agency (FEMA) as 78 percent reimbursement of the cost to the City for monitoring and pumping two ponding areas. 9-13-93 2 5. HighwoaA McKnight Outlet: Project 90-10 - Acceptance of Project Recapitulating Change +sr~der - Final Payments 93-09-'n16 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 90-10, Highwood-McKnight Outlet, 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 90-10, Change Order Final Recapitulating. 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 Final ' Recapitulating in the amount of $53,078.88. The project budget is amended to $976,935. The project financing is amended as follows: Special assessments $226.756 Developer payment 57,600 Ramsey County payment 54,685 General obligation 628,387 St. Paul sewer payment 9.507 Total $976,935 93-09- 117 ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City'of Maplewood has determined that Highwood-McKnight Outlet, City Project 90-10, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,M MINNESOTA, that City Project 90-10 is complete and maintenance of these improvements is accepted by the City. Release of retainage in the amount of $11,417.31 is hereby authorized. 6. Budget Transfer: Recycling Bins Approved a budget transfer of'$5,500 from the Recycling Fund Contingency Account (203-704-4910) to the Recycling Program Supplies Account (203-704- 4120). 7. Conditional Use Permit Time Extension: 2480 Linwood Avenue (Jirovec) Extended the Conditional Use Permit at 2480 Linwood Avenue for one year. 8. CUP Termination 8 Home Occupation License: 798 N. McKnight (Mosner) Terminated the Conditional Use Permit at 798 North McKnight Road and approved a Home Occupation License for a beauty shop at that location. 9-13-93 3 9. Conditional Use Permit Review: 2271 White Bear Avenue (Flemings Auto Service) Reviewed and renewed for one year the Conditional Use Permit at 2271 White Bear Avenue allowing the redevelopment of a gas station within 350 feet of a residential district. 10. Renewal of St. Paul Ski Ctub Gambling License 93 - 09 - 118 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for the St. Paul Educational Foundation (St. Paul Ski Club) to be iocated at the Chalet Lounge, 1820 Rice Street. 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. G. PUBLIC HEARINGS 1. 7:00 P.M.: Assessment Hearing - Gervais Avenue - Project 88-14 a. Mayor Bastian convened the meeting for a public hearing regarding adoption of the assessment roll for Project 88-14, Gervais Avenue, English Street to East. b. Manager McGuire presented the staff report.. c. City Attorney Kelly explained the procedure for public hearings. d. Director of Public Works Haider presented the specifics of the report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Richard Gale, representing Donald Regan and Mr. Hartford Looger f. Mayor Bastian closed the public hearing. g. Councilmember Juker introduced the following Resolution and moved its adoption: 93-09-119 ADOPTION OF ASSESSMENT ROLL - PROJECT 88-14 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 Gervais Avenue as described in the files of the city Clerk as Project 88-14, and has amended such proposed assessment as it deems just, 9-13-93 4 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 through the year 2009, the first of the installments to be payable on or after the first Monday in January, 1994, 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, 1993. 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. Seconded by Councilmember Zappa Ayes - all 2. 7:20 P.M.: Change in City Council Condition: 2226 Searle Street (Farrar-Orr) a. Mayor Bastian convened the meeting for a public hearing regarding a request from the resident of 2226 Searle Street to fill most of her back yard. b. Manager McGuire presented the staff report. c. Director of Community Development presented the specifics of the report. d. Commissioner Ellensbach presented the Planning Commission report. e, Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Toya Farrar-Orr, 2226 Searle John Guertin, representing the Kopps and the Johnsons Walter Van De Port, Retired City Engineer Robert Kopp, 2232 Searle 9-13-93 5 Jay Orr, 2226 Searle Johnathon Orr, 2226 Searle Les Axdahl, 2209 Payne Avenue - Mrs. Robert Kopp, 2232 Searle f. Mayor Bastian closed the public hearing. g. -Mayor Bastian moved to denv the petition bf redress. Seconded by Councilmember Zappa Ayes - all h. Councilmember Zappa introduced the followina'Resolution and moved its adootion• 93 - 09 - 120 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, the City may build a storm sewer system in the area between Viking Drive and County Road B between Edgerton Street and Payne Avenue and assess the benefiting property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City Council refers the proposed improvement to the City Engineer for study and instructs him to report to the City council with all convenient speed advising the City Council whether the proposed improvement is feasible. The City Engineer also shall determine whether the City should make the improvement as proposed or with some other improvement, and the estimated cost of the improvement as the City Engineer recommends. FURTHERMORE, the City Council appropriates 52,000 to prepare this feasibility report. Seconded by Councilmember Juker Ayes - all H. AWARD OF BIDS 1.`'Modular Ambulance a: Manager McGuire presented-the staff report: b. Councilmember Zappa introduced the following Resolution and moved its adoption: 93 - 09 - 121 AWARD OF BID - MODULAR AMBULANCE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Road Rescue in the amount of 569,953 is the lowest responsible bid for furnishing a modular ambulance (1993 Supermedic) and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Carlson Ayes - all 9-13-93 6 UNFINISHED BUSINESS NONE 1. NEW BUSINESS i. Edgerton 3 County Road B - Petition for 4-Way Stop Signs a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to request Ramsey County to evaluate the intersection. Seconded by Councilmember Zappa Ayes - all 2. Variance to Street Width Request: Nighwood Meadows Plat a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to deny the request to keen uniformity with the other streets in the development. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmember Zappa Nays - Councilmembers Carlson, Rossbach, Juker MOTION DEFEATED c. Councilmember Rossbach moved to approve the request to have existing road bed on Timber (Schaller and Sterling existino) and 28 foot bed on Wildflower Lane. Schaller Curve. Valley View. Birdsong Lane and Crestview Lane. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, - Rossbach, Juker, Zappa Nays - Mayor Bastian 3. Storm Drain Stenciling Project a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to proceed with the storm drain stencilino pro.iect for the area that drains to Phaien and Wakefield Lakes Seconded by Mayor Bastian Ayes - all 4. Status Report - House Movings a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. 1 9-)3-93 c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Ray Mosio, 1839 Kohlman Avenue. Mr. Mosio stated the work should be completed by next week. NO ACTION WAS TAKEN 5. Purchase of Property at 2669 E. Seventh Street a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to denv the request to purchase the property. MOTION DIED FOR LACK OF A SECOND c. Councilmember Carlson moved to authorize E58.000 from the PAC Fund to acquire the orooerty at 2669 East Seventh Street. Seconded by Councilmember Juker Ayes - Mayor Bastian, Council members Carlson, Juker, Rossbach Nays - Councilmember Zappa 6. Liquor License: O'Reilly a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Zappa introduced the followino Resolution and moved its adootion• 93-09-122 APPROVAL OF LIQUOR LICENSE NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood on September 13, 1993, an On-Sale Intoxicating Liquor License was approved for Brian O'Reilly doing business under the name of Mulligan's Liquor at 1690 North McKnight Road. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Councilmember Carlson Ayes - all 7. Liquor Ordinance (First Reading) a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Zappa moved to aoorove first reading of an Ordinance to revise the Citv's Alcoholic Beveraoe Ordinance. Seconded by Councilmember Rossbach Ayes - all $ 9-13-93 8. Animal Ordinance (First Reading) ae Manager McGuire presented the staff report. b. Director of Public Works Collins presented the specifics of the report. c. Councilmember Zappa moved to aoorove first reading of an Ordinance to revise the Citv's Animal Ordinance. Seconded by Councilmember Carlson Ayes - all 9. City of Newport's Request For Support a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the following Resolution and moved its adootion• 93 - 09 - 123` A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD OPPOSING THE DRAFT OF THE PROPOSED COMPREHENSIVE MANAGEMENT PLAN ENVIRONMENTAL IMPACT STATEMENT FOR THE MISSISSIPPI NATYONAL RIVER AND RECREATION AREA WHEREAS, the City of Newport adopted this resolution of opposition to the Plan, because the proposed plan for the Mississippi River corridor does not allow the City of Newport the full discretion through its zoning code to protect its citizens and residents living on or near the Mississippi River; and WHEREAS, the City Council of the City of Newport directed the City Administrator to send a copy of their resolution to all affected cities. one of which is the City of Maplewood; and , WHEREAS, the City Council of the City of Maplewood considered Newport's request on September 13, 1993 and desired to support the City of Newport's position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Zoning codes of local municipalities are drafted to protect the residents and their properties; are considered only after testi;~x~ny is taken in noticed, public meetings; and are adopted by locally elected officials who have unique knowledge of their community and its specific needs and desires. 2. Local rule and governance should not be superseded by federal and/or state authority particularly regarding development and land use issues. 3. Full support is given to the City of Newport's opposition to the proposed Comprehensive Management Plan Environmental Impact Statement for the Mississippi National River and Recreation Area based on the above stated reasons. Seconded by Councilmember Carlson Ayes - all 9-13-93 9 loo Community Center Project Update ae Manager McGuire presented the staff report. b. Assistant Manager Maglich presented an update on the progress of the Community Center Project. - NO ACTION WAS TAKEN K. VISITOR PRESENTATIONS 1. Lori LaBey, 1758 Lark Avenue a. Ms. LaBey stated neighbors are concerned regarding the methadone treatment clinic at 2223 White Bear Avenue. ' b. Rosemary McNeily, Operations - Colonial Clinic, responded to questions. c. Councilmember Zappa moved to refer the matter of the treatment clinic at 2223 White Bear Avenue to staff fora complete review and investi4ation and report back to Council within 2 weeks: and at the end of two weeks a status report will be expected from the Police Department. Seconded by Councilmember Carlson. Ayes - all 2. M. L Swanson, 1741 E. Laurie Road a. Ms. Swanson requested the City provide security for the area around the clinic. b. Marilyn Pettit reported on other similar locations. c. The following people also addressed the Council regarding the clinic: Juanita Gustavson, 1764 E. Lark ' Bob Parsons, 2229 Prosperity Road Bob Emerson, 2225 Prosperity Road Chris Finney, 1733 Laurie Road COUNCILMEMBER JUKER MOVED TO EXTEND THE MEETING UNTIL THE END OF THE AGENDA. SECONDED BY MAYOR BASTIAN AYES - ALL L. COUNCIL PRESENTATIONS i. Bushes and Trees a. Councilmember Juker commented on the shrubs at the Northwest corner of Barclay and Frost.. b. Staff will investigate and act on the question. 20 FBI Report - Part II a. Councilmember Juker asked whether there are any plans to implement what is learned at FBI School to be transmitted to City personnel. 9-13-93 10 b. Staff stated that these are being implemented. 3. Kenwood Drive and Mt. Vernon a. Councilmember Juker stated the house was investigated but the report was not sufficient to answer questions. b. Staff will investigate further. 4. Rental Property - White Bear Avenue This matter was discussed under Visitor Presentations M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 10:45 P.M. Lucille E. Aurelius City Clerk 9-13-93 11