HomeMy WebLinkAbout11-22-93 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 22, 1993
Council Chambers, Municipal Building
Meeting No. 93-26
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. Juker, Councilmember Present
George F. Rossbach, Councilmember Present '
Joseph A. Zappa, Councilmember Present
4 APPROVAL OF MINUTES:
1. Minutes of Council/Manager Workshop of November 1, 1993
Councilmember Zappa moved to aoorove the minutes-of the Council/Manager
Workshop of November I. 1993 as presented.
Seconded by Councilmember Rossbach Ayes - all
2. Minutes of Special Council Meeting 93-24 (November 4, 1993)
Councilmember Zappa moved to aoorove the minutes of Meeting No. 93-24
(November 4. 1993) as presented.
Seconded by Mayor Bastian Ayes - all
3. Minutes of Council Meeting 93-25 (November 8, 1993)
Councilmember Zappa moved to aoorove the minutes of Meeting. No. 93-25
(November 8. 1963) as corrected:
Page 13 Item 5 c: Should be "25 feet" (not 50 feet)
Seconded by Mayor Bastian Ayes - all
E APPROVAL OF AGENDA:
Mayor Bastian moved to aoorove the Agenda as amended:
L-1 Airport
Seconded by Councilmember Zappa Ayes - all
I 11-22-93
EA APPOINTMENTS/PRESENTATIONS
1. Human Relations Commission Appointment
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to aoooint Ms Carob Cude to fill the
remainder of the vacant term on the Human Relations Commission created
by the resignation of Sister Claire Lvnch 0 S.B.. whose term_ was to
moire on December 31. 1994.
Seconded by Councilmember Juker Ayes - all
F, CONSENT AGENDA:
Councilmember Zappa moved seconded by Councilmember Carlson: aver - all. to
Approve the consent agenda items F-1 thru F-4 and F-7 thru F-10 as
recommended (Items F-5 and F-6 moved to become J-9 and J-10).
i. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: S 529,777.70 Checks #1659 - #1708
Dated 11- 9-93 thru 11- 9-93
E 824.683.31 Checks #11660 - #11786
Dated 11-22-93
51,354,461.01 Total per attached voucher/check'
register
PAYROLL: S 204,903047 Payroll Checks #37405 thru #37589
Dated 11- 5-93
S 45.504.55 Payroll Deduction Checks #37592 thru
#37611 dated 11- 5-93
S 250,408.02 Total Payroll
51.604.869.03 GRAND TOTAL.:...
2. Financial Transfer to Close Improvement Project 85-17-
Authorized a budget transfer of 55,943.55 from the Tax Increment Fund of
surplus 1989 Tax Increment Bond proceeds to eliminate the deficit in the
fund for Project 85-17.
3. Financial Transfer to Close Improvement Project 90-14
Authorized budget transfers of 54,000 from the Sewer Fund and 590,418.41 of
surplus 1991 bond proceeds from Project 90-14 to Project 90-10 to close
Project 90-14 and add needed funding to Project 90-10.
2 11-22-93
4. Street Construction State Aid Fund Transfers
Authorized the appropriate budget adjustments and approved the following
transfers:
a) transfers from the Street Construction State Aid Fund:
S 638.08 to Project 88-14, Gervais-English to Kennard
30,479.43 to Project 92-17, Eleventh Avenue Overlay
232,737.20 to Project 91-03, Conway-T.H. 120 to McKnight
- m Sewer
51.160.92 to Project 86 O1 Condor Stor
J
120,139.84 to Project 86-07, Upper Afton Road-McKnight to Century
109,000.00 to Project 90-14, County Road B-T.H.61 Storm Sewer
50.328.81 to Project 88-12, Bear-Hwy 61 to County D
5594,484.28 Total
b) a transfer of 5110,845 from Project 87-45, Sterling Street
and Schaller Drive, to the Street Construction State Aid
fund.
5. Ambulance Bill - Application for Cancellation (Walters)
Moved to become J-9
6. Ambulance Bill - Application for Cancellation (Persby)
Moved to become J-10
7. Donation - Maplewood Nature Center
Accepted a 550.00 donation from Mark and Emiko Purgett, 7641 18th Street
North, Oakdale, Minnesota to the Maplewood Nature Center, and authorized the
donation be placed in the Park Development Fund (403-814-316-4720).
8. Budget Transfer Request: MIS
Approved the transfer of 562,000 from the Data Processing Retained Earnings
Account to various data processing accounts to cover unanticipated
expenditures.
9. Certification of Delinquent Sewer Accounts
93-11-145
CERTIFICATION OF DELINQUENT SEWER BILLS
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the Auditor of Ramsey County the attached list of delinquent
sewer rental charges and hydrant charges, said list made a part herein, for
certification against the tax levy of said property owners for the year
1993, collectible in 1994, and which listing includes interest at the rate
of eight percent (8%) on the total amount for one year.
Total amount to be certified: S 81,007.96
3 11-22-93
10. 1994 On-Sale, Off-Sale and Club Liquor License Renewals
93 - 11 - 146
APPROVAL OF 1994 ON-SALE LIQUOR LICENSES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA,
that the following On-Sale Liquor Licenses, having been previously duly issued by
this Council, are hereby approved for renewal for one year, effective January 1,
1994, with approval granted herein subject to satisfactory results of required
Police, Fire and health Inspections:
Daniel Paul Fisher James Dean_ Adeline Benjamin
Applebee's Deans, Inc. Maplewood Bowl
2112 Maplewood Mall 1986 Rice Street 1955 English Street
3001 White Bear Avenue
Eugene A. Beaulieu Gregory Paul Kuhns Ronald Ringling
Beau's Food & Spirits D. G. Burgers Corp Maplewood Inn
2289 E. Minnehaha 2441 Highway 61 1730 E. County Road D
Tom McDonough Raymond R. Emerfoll Gregory Tulgren
Chalet Lounge Garrity's M. T. Pockets & Co., Inc.
1820 Rice Street 1696 White Bear Avenue 780 East County Road B
Richard M. Authier Doyle Biggs Stephen Kenow
Champps Gulden's The Olive Garden
.1734 Adolphus 2999 N. Highway 61 1749 Beam Avenue
Martin E. Mongoven Harry S. Given, Jr. Gerry L. Walton
Chili's Restaurants Keller Clubhouse Red Lobster Restaurant #283
Southlawn & Beam 2166 Maplewood Drive 2925 White Bear Avenue
Robert D. Gillen Roger T. Claussen Gary Harvey
Ciatti's Italian Restaurant Keller Lake Lounge Red Rooster Liquor Lounge
1900 E. County Road D 2280 Maplewood Drive 2029 Woodlynn
Thomas K. Buckley
T-Birds
2025 White Bear Avenue
Club On-Sale Liquor License r
North Maplewood Lions Club Loyal Order of Moose 963
1310 Frost Avenue 1946 English Street
4 11-22-93
93 - 11 - 147
APPROVAL OF 1994 OFF-SALE LIQUOR LICENSES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA,
that the following Off-Sale Liquor Licenses, having been previously duly issued by
this Council, are hereby approved for renewal for one year, effective January 1,
1994, with approvals granted herein subject to satisfactory results of required
Police, Fire and health inspections:
Steven S. Eberhardt Brian O'Reitly-
Ebbie's Wine and Spirits Mulligan's
2290 Maplewood Drive 1690 No. McKnight Road
Arthur Mark Stein Marven C. Koppen
Laber's Liquors Party Time Liquor
1730 Rice Street 1835 E. Larpenteur Ave.
Wendy Lauber Gust R. Barrack
Maplewood Wine Cellar Sarrack's International Wine & Spirits
1281 Frost Avenue 2305 Stillwater Road
Gary Hanscom
M.G.M. Liquors
2950 White Bear Avenue
G. PUBLIC HEARINGS
NONE
H. AWARD OF BIDS
NONE
Y. UNFINISHED BUSINESS
1. Chemical Abuse Ordinance (1st Reading)
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 were heard:
Lori LaBey, 1758 Lark Avenue
Bob Parsons, 2029 Prosperity Road
Randy Forsman, 1940 Craig Place
Peter Fischer, 2344 Standridge
Bob Emerson, 2225 Prosperity Road
d. Councilmember Zappa moved to take no action as recommended by staff.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
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2. Truth-in-Housing Ordinance
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
Ordinance Exempting Family Members (lst Reading)
c. Councilmember Zappa moved first reading of the proposed ordinance
exempting family members from the truth-in-housing requirements
Seconded by Councilmember Rossbach Ayes - Councilmembers Rossbach, Zappa
Nays - Mayor Bastian, Councilmembers
Carlson, Juker
MOTION FAILED
Ordinance Exempting Gifts (lst Reading)
d. Councilmember Carlson moved first reading of the broposed ordinance
exempting sifts from the truth-in-housing requirements.
MOTION DIED FOR LACK OF A SECOND
e. Mayor Bastian moved first reading of the proposed ordinance exempting
family members from the truth-in-housing requirements. amended by
removal of the phrase "A family is people related by blood, marriage or
adoption".
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
f. Mayor Bastian moved first reading of the proposed ordinance exempting
gifts from the truth-in-housing requirements, amended by changing
Section s. (bl to: "This article shall not apply to title transfers by
court order or where the house or residential building will be
demolished."
Seconded by Councilmember Carlson Ayes - Mayor Bastian, .Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
3. Loud Radio Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Ordinance and moved its
adoption•
6 11-22-93
~l~
ORDINANCE N0.
AMENDMENT CONTROLLING LOUD RADIOS IN MOTOR VEHICLES
(6) All operation of any motor vehicle radio receiving set, tape player,
compact disc player, paging system or any other device for the
production or reproduction of sound in a distinctly and loudly audible
manner so as to unreasonably disturb the peace, quiet and comfort of any
person nearby or at a distance of 25 feet or more.
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays = Mayor Bastian
J. NEW BUSINESS
1. County Road B - TH61 Storm Sewer Project 90-14 No-Parking Restriction •
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Resolution and moved its
adootion•
93 - 11 - 148
NO-PARKING RESTRICTION - PROJECT 90-14
WHEREAS, the City of Maplewood has completed the construction of County
Road B from TH 61 to one-half mile east; and
WHEREAS, the City will be expending Municipal State Aid Funds (MSA
Project Number 138-010-06 and 138-020-15) on the improvement of said street;
and
WHEREAS, said improvement does not conform to the approved minimum width
standards with unrestricted parking; and
WHEREAS, release of MSA funds is dependent on specified parking
restrictions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of 'Maplewood
prohibits the parking of motor vehicles on County Road B from TH 61 to one-
. half mile east.
Seconded by Councilmember Carlson Ayes - all
2. Routine Maintenance Agreement - TH61 East Frontage Road North of County Road C
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Resolution and moved its
adootion•
7 11-22-93
93 - 11 - 149
_ ROUTINE MAINTENANCE AGREEMENT
WHEREAS, the City of Maplewood desires to enter into an agreement
between the State of Minnesota, Department of Transportation, and the City
of Maplewood for the routine maintenance of the east frontage road of Trunk
Highway No. 61, from Ramsey County Road C to approximately 2,100 feet north
of Ramsey County Road C where the frontage road terminates at its
intersection with Trunk Highway No. 61.
WHEREAS, .pursuant to Minn. Stat., Sec. 161.38, Subd. 3 (1992), the
parties desire to enter into an agreement relating to the maintenance of the
trunk highway system within the corporate limits of the City of Maplewood.
NOW, THEREFORE, BE IT RESOLVED that the parties agree to the terms and
conditions set forth in Maintenance Agreement No. 70625 and that the City
shall provide, at its sole cost and expense, routine maintenance on said
trunk highway system.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
3. Reduced Setback - 1191 South Century Avenue (Valiukas)
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 were. heard:
Lynn Valiukas, 1191 South Century
Henry Valiukas, 1191 South Century
Keith Libby, 1195 South Century
Jay Libby, 2591 Carver
Karen Trimble, 3596 Terra Lane, Woodbury
d. Councilmember Zappa moved to table for 2 weeks to allow the Citv, the
Libbvs and the Valiukas to meet and attempt to resolve the problems
amicable.
e. Mayor Bastian moved to approve staff recommendation
Seconded by Councilmember Carlson
f. Councilmember Juker moved an amendment to approve the agreement. items
1 through 11. with staff to meet with the Libbvs and Valiukas to attempt
to work out an agreement.
Seconded by Councilmember Zappa
g. Councilmember Juker withdrew the motion.
h. Councilmember Zappa moved to table this item to the next meetino and
that staff meet with the Libbvs and Valiukas to reach an agreement.
8 11-22-93
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
i. Councilmember Zappa moved to attempt to meet Mr. Libbv's request for
staff to install "Speed 10 Miles" signs on each end of the driveway.
Seconded by Councilmember Juker Ayes - all
4. Building Relocation Ordinance (1st Reading)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. Councilmember Zappa moved to table the proposed Ordinance until the Citv
En4ineer presents an Ordinance to the Council for all homes.
Seconded by Councilmember Rossbach Ayes - all
5. Community Center Project Change Orders
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Carlson introduced the following Resolutions and moved
their adoption:
Seconded by Councilmember Rossbach
d. Councilmember Zappa moved. to amend Adolfson & Peterson Change Order #2 by
deleting Item 1. Glassboard Kitchen Walls.
Seconded by Councilmember Juker Ayes - Councilmembers Juker, Zappa
Nays - Mayor Bastian, Councilmembers
Carlson, Rossbach
MOTION FAILED
YOTING ON ORIGINAL MOTION:
93 - 11 - 150
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
the construction of a City-owned community center, Community Center Project,
and has let a contract with Adolfson & Peterson for general construction;
and
9 11-22-93
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Community Center Project A&P Change Order 2 to
allow the recommended changes in design and removal/import of soils.
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 A&P Change Order 2 in an
amount of 54,649.
The contract is amended per the following detail:
Original Bid 55,187,000
Original Contract with Selected Alternates S5,372,300
Amended Contract. with
Change Order 1 (525,000) 55,397,300
Change Order 2 4.649
Amended Contract. 55,401,949
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
- Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
93 - 11 - 151
DIRECTING MODIFICATION OF EXISTING`CONSTRUCTION'CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
the construction of a City-owned community center, Community Center Project,
and has let a contract with Doody Mechanical, Inc.; and
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Community Center Project Doody Change Order 1 to
allow the recommended changes in design.
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 Doody Change Order 1 in an
amount of 51,333.
The contract is amended per the following detail:
Original Contract 52,125,300
Change Order 1 1.333
Amended Contract 52,126,633
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
10 11-22-93
93 - 11 - 152
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the°City Council of Maplewood, Minnesota has heretofore ordered
the construction of a City-owned community center, Community Center Project,
and has let a contract with Hunt Electric; and
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Community Center Project Hunt Electric Change
Order 1 to allow the recommended changes in design.
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 Hunt Electric Change Order
1 in an amount of (E26,904).
The contract is amended per the following detail:
Original Contract X964,560
Change Order 1 (26.9041
Amended Contract =937,656
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
6. Open Space Proposed Process
a. Manager McGuire presented the staff report..
b. Assistant Manager Maglich presented the specifics bf the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
James Kayser, 2516 Linwood Avenue East
Kevin Berglund, 1929 Kingston
Dominic Ramacier, Open Space Committee
Rob Peterson, 1574 No. Lakewood
Robert Donatell, 1720 McKnight Lane
Terry Spawn, 2360 Timber Trail
d. Mayor Bastian moved to aoorove the following process of open space
acquisition•
Step 1: Reappoint a six member subcommittee of the original Open
Space Committee and advertise for three additional
- volunteers. Have the new Committee review and comment on
the availability and ranking of the 66 parcels.
11 11-22-93
Step 2: Contact relocation/acquisition specialists about their
services and the associated costs.
Step 3: Direct staff to obtain the Ramsey County Assessor's market
values of all available parcels on the Open Space
Committee's list. In addition, staff is directed to
identify appraisers to handle appraisals of the top 19
parcels and obtain their anticipated time table for
completing the project.
Step 4: Have the Parks & Recreation Commission and the Open Space.
Committee act as advisory boards during the acquisitions.
Step 5: Appoint the City Manager or his designee as the staff person
responsible for this project including negotiations.
Step 6: Direct staff to begin the preparation of an ordinance which
requires an extraordinary vote of the City Council to sell
any acquired open space properties. This ordinance is being
investigated as a way to guarantee that the purchased
property will remain open space in future years.
- Step 7: Direct staff to investigate different methods of handling
the direct negotiations with property owners of .potential
purchases. Staff recommendation should be brought back to
the City Council for consideration.
Step 8: Provide an Open Space Update at each City Council meeting.
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
COUNCILMEMBER JUKER MOVED TO EXTEND THE MEETING TO 11:00 P.M.
SECONDED BY COUNCILMEMBER ZAPPA AYES - ALL
7. Public Safety Administrative Assistant
a. Manager McGuire presented the staff report..
b. Councilmember Juker moved to table this item to a Council/Manager
meeting'
Seconded by Councilmember Rossbach Ayes - alt
8. Charitable Gambling.
a. Manager McGuire presented the staff report.
Stipend for Sigitas Siupsinskas
b. Councilmember Carlson moved to approve an additional 51.000.00 work
program stipend for Sigitas Siupsinskas, to a maximum of 51.500 from the
Charitable Gambling Fund.
Seconded by Mayor Bastian Ayes - all
12 11-22-93
c. Council directed staff to send a letter to Mr. Pete Bolinger, the
Minnesota representative of the Baltic Foundation, stating that if they
want to sponsor another program it should be better organized.
Police Reserve and Cadet Toy and Food Drive
d. Councilmember Carlson moved donate E4 000 to the Police Reserve and
Cadet Tov and Food Drive.
Seconded by Councilmember Zappa Ayes - alt
COUNCILMEMBER ZAPPA MOPED TO SUSPEND THE RULES OF PROCEDURE TO COMPLETE THE AGENDA
SECONDED BY COUNCILMEMBER ROSSBACH AYES - COUNCILMEMBERS ROSSBACH, ZAPPA
NAYS - MAYOR BASTIAN, COUNCILMEMBERS
CARLSON, JUKER
MOTION FAILED
ITEMS J- 9, AMBULANCE BILL APPLICATION FOR CANCELLATION - (WALTERS),
- J-10, AMBULANCE BILL APPLICATION FOR CANCELLATION - (PERSBV) AND
L- 1, AIRPORT, WILL BE HEARD AT THE NEXT REGULAR MEETING
K VISITOR PRESENTATIONS
COUNCIL PRESENTATIONS
M. ADMINISTRATIVE PRESENTATIONS
N. ADJOURNMENT OF MEETING
11:00 P.M.
Lucille E. Aurelius
City Clerk
13 11-22-93