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