Loading...
HomeMy WebLinkAbout01-22-90 and 01-25-90 i MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 22, 1990 and 4:30 P.M., Thursday, January 25, 1990 Hazelwood Fire Station, 1530 E. County Road C Meeting No. 90-2 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Hazelwood Fire Station, 1530 E. County Road C and was called to order at 7:02 P.M., by Mayor Anderson. B. ROLL CALL Norman G. Anderson, Mayor Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Absent - GeorgeF. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 89-28 (December 11, 1989) Councilmember Bastian moved to approve the Minutes of Meeting No. 89-28 - (December 11, 19891 as submitted. Seconded by Councilmember Rossbach. Ayes - Mayor Anderson, Councilmembers Bastian and Rossbach. Councilmember Zappa abstained. D. APPROVAL OF AGENDA Mayor Anderson moved to approve the acenda as amended: = 1. Compost Site 2. Gas Station - Highway 61 3. Staff at Meetings 4. Monitoring Water Board 5. Tax Issue 6. Self Defense Classes 7. Ramsey County Assessor 8. Council Paraphernalia 9. Cable at Council Meetings 10. Appointment to LRT 11. Woodchipper Seconded by Councilmember Bastian. Ayes - all. 1 1-22-90 E. CONSENT AGENDA ~ - Councilmember Zappa moved to discuss Item E-8 before Item F-4. Seconded by Councilmember Bastian. Ayes -.all. Councilmember Roasbach moved, seconded by Councilmember Bastian, Aves - all, to approve the Consent Agenda ItemsE-1 through 7 and gas recommended. 1. Approval of Claims ACCOUNTS PAYABLE: $ 647,742.32 Checks #5236 - #5284 Dated 01-05-90 thru 0-1-10-90 - S 126,848.30 Checks #3169 - #3283 Dated 01-22-90 $ 774,590.62 Total per attached voucher/check register PAYROLL• $ 179,952.90 Payroll Checks S 43,068.42 Total Payroll $ 997,611.94 GRAND TOTAL 2. Budget Change for 1989 Bond Issues Approved 1989 budget changes totalling $44,570 in the appropriate accounts to finance costs related to the 1989 bond issues. - 3. Replacement of Accountant Authorized the replacement of the accountant position in the Finance Department. 4. 1989 Budget Changes - Internal Rental Charges. Approved the listed budget transfers to finance the 1989 V.E.M. Fund Rental Charges. Transfer From (TO) Continaency Accovnt 501 Public Works Administration 930) 502 Street Maintenance 140 503 Engineering 230 504 Public Works Building Maintenance ( 100) 2 1-22-9.' 601 Parks &Recreation Administration 170 602 Parks Maintenance 6,020 603 Recreation Programs 100 701 Community Development Administration ( 260) 702 Planning (1,140) 703 Building Inspections (2,530) Net Amount to Contingency Account $ 1,700 5. Reimbursement Agreement - Mn. DOT Resolution No. 90 - 1 - 11 This Agreement made and entered into by and between the City of Maplewood herein referred to as the "City" and the Commissioner of Transportation bf the State of Minnesota hereinafter referred to as the "Commissioner", WITNESSETH: WHEREAS, pursuant to M.S. 161.36 the City desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys; and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and conditions of the agency be set forth in an agreement; NOW, THEN, IT IS AGREED: -I- That pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of local roads and bridges. Each contract will be inaccordance with plans and special provisions for said projects on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota 55155, and the latest edition of "Standard Specifications for Construction" and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by reference as though fully set forth herein. In the letting of said contract, it is hereby agreed that the following procedures shall be followed, to-wit: A. The Commissioner shall cause the advertisements calling for bids on said work to be published in the "Construction Bulletin". He shall also cause advertisements for bids to be published in the officially designated 3 1-22-90 newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Purchasing Agent of City of Maplewood on behalf of the Commissioner as agent of said City. Proposals, plane and specifications shall be available for the inspection of prospective bidders at the office of the Department of Transportation, St. Paul, Minnesota 55155, and at the office of said City Purchasing Agent and the advertisement shall so state. The bids received in response to said advertisement for bids shall be opened for and on behalf of the Commissioner by a District Engineer of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time selected by the Commissioner. After said bide shall have been opened, the City Council shall first consider the same and thereupon transmit to the Commissioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected. Upon receipt of all said bids, the Commissioner shall duly cause all of said bids to be tabulated and shall thereupon determine who is the lowest responsible bidder and shall award the contract to the lowest responsible bidder or shall reject all bids. B. The Commissioner shall supervise and have charge of the construction of said projects after the same has been let. The City agrees to furnish its City Engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City further agrees to furnish such other personnel, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. C. The Commissioner may make changes in the plans or the character of the work as shall be recommended by the engineer in charge of the work. If he concurs in such recommendations, the Commissioner may enter into, for and on behalf of the City, supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgement on the various items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervision and control that are employed by the Minnesota Department of Transportation. The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into, for and on behalf of_the City, the supplemental agreements specified in the preceding paragraph hereof. D. The City hereby authorizes its City Engineer, for and on behalf of the City, from time to time, during the progress of the work on said projects, to request the Commissioner to furnish for use on said projects specific 4 1-22-9P " engineering aervices to be performed by skilled employees of the Minnesota Department of Transportation. The Commissioner may but is not obligated to furnish the aervices so requested. If the Commissioner in compliance with such request shall furnish for the use of the City on said projects the services of any Minnesota Department of Transportation employee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full coat and expense of the furnishing of such services including all costa and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. E. The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as federal aid funds for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. F. The Commissioner shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner. G. The Commissioner may enter into any agreement for and on behalf of the City with the united States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the federal aid funds available for said projects and to that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and - regulation issued by federal authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects. H. It is the policy of the United States Department of Transportation and the Minnesota Department of Transportation that Disadvantaged Business Enterprises as def fined ~in 49 CFR, Part 23, and the Surface Transportation and Uniform Relocation Assistance Act for 1987, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the requirements of 49 CFR, Part 23, apply to this agreement. In this regard, the Commissioner and the City shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform on contracts and subcontracts. The Commissioner and the City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of federally funded contracts. Failure to carry out the above requirements shall constitute a breach of this agreement and may result in termination of the agreement or other such remedy that the Commissioner deems appropriate. I. The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority in 5 1-22-90 order to cause said projects to be completed and to obtain and receive the federal aid made available therefor. -ZI- The City agrees that it will from time to time, after the execution of this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct eo as to enable the Commissioner as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Commissioner's record retention schedule for federal aid projects. -IZI- It is anticipated that the United States will pay to the Commissioner ae the agent of the City, the federal aid funds available to said City toward the construction of said projects. It is further anticipated that the contracts to be let by the Commissioner as the agent of the City, for the construction of said projects shall provide that the contractor, as the work progresses, shall, from time to time, be paid partial payments designated in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and/or Municipal State Aid Funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with Minnesota Rules Chapter - 8820.1500 Subp. 3. At regular monthly intervals after contractors shall have started work under contracts let by the Commissioner as agent for the City for the construction of said projects, the engineer assigned to and in charge of said work shall prepare partial estimates in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Construction and Contract Administration Minnesota Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in duplicate. Each partial estimate shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final estimates shall be documented in accordance with the guidelines set forth ih the applicable documentation manual. After the approved final estimate has been submitted to the Commissioner, the City will pay to the Commissioner any additional amount which together with the federal funds received for that project will be sufficient to pay all the contract costs of the project. -IV- 6 1-22-9G~` ' When the contractor shall have completed the work on said projects, the City agrees to inspect the same and forthwith upon the completion of said inspection advise the Commissioner whether or not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisfactory manner. In the event the City should, after said inspection, recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify in particularity the defects in said workand the reasons why the work should not be accepted. it is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed-and to accept or reject the. work performed under any said contract. -V- It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final, binding and conclusive on the parties hereto. -VI- - Itis anticipated that the entire cost of said projects is to be paid from funds made available by the United States, by way of federal aid, and by the City. If for any reason the United States fails to pay any part of the cost or expense of said project a, then and in that event the City agrees to pay the same. The City further agrees to pay any and all claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United Staten does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner from said claims and from any claims arising out of this agreement and to pay any and all expenses and costs connected with said projects or the construction thereof which the United States does not pay. -VII- The City further agrees that: - A. All right-of-way acquisition and relocation will be conducted in accordance with 49 CFR Part 25. Procedures implementing this regulation are contained in Mn/DOT State Aid Manual Chapter 5-892.310. (Additional guidance may be obtained by referring to the FHWA's Real Estate Acciuisition Guide for Local Public Acencieal. B. If the City receives total direct and indirect federal assistance of: 1. $100,000 or more per year, the City agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P.L.98-502) and Office of Management and Budget (OMB) Circular A-128. _ The law and circular provide that the audit shall cover the entire 7 1-22-90 operations of the City government. or, at the option of the City government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. However, if the City government receives $25,000 or more in General Revenue Sharing Funds in a fiscal year, it shall have an audit of its entire operations. 2. Between $25,000 and $100,000 per year, the City agrees to obtain either - a. A financial and compliance audit made in accordance with the Single Audit Act of 19084 and OMB Circular A-128, or b. A financial and compliance audit of all federal funds. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations and the audit must be made in accordance with any federal laws and regulations governing the federal programs the subrecipient participates in. Audits shall be made annually unless the state or local government has, by January 1, 1987 a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits leas frequent than annual, but only for fiscal years beginning before January 1, 1987. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independent standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Procrams, Activities, and Functions. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 (or A-110 as applicable). The audit report shall include: 1) The auditor's report on financial statements and on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Cataloc of Federal Domestic Assistance. Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance". 2) The auditor's report on the study and evaluation of internal control systems must identify the organization's significant internal - accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and regulations. 8 1-22-9U It must also identify the controls that were evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of ' the evaluation. 3) The auditor's report on compliance containing: a) A statement of positive assurance with respect to those items tested for compliance, including compliance with law and regulations pertaining to financial reports and claims for advances and reimbursement e; b) Negative assurance on those items not tested; c) A summary of all instances of noncompliance; d) An identification of total amounts questioned, if any, for each federal assistance awarded, as a result of noncompliance; e) A statement on the status of corrective action taken on prior findings; and f) Refer to the use of the standards required by the Minnesota Lecal Compliance Audit Guide for Local Governments, prepared by the Office-of the State Auditor. The purpose of this guide is to establish compliance guidelines for verification by auditors auditing political subdivisions of the state. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. The City agrees that the grantor, the Legislative Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-128. Required audit reports mu at be filed with the Office of the State Auditor, - Single Audit Division and state agencies providing federal assistance, within six months of the City's fiscal year end. If a federal cognizant audit agency has been assigned for the City, copies of required audit reports will be filed with that agency also. Recipients of more than $100,000 in federal assistance must also submit one copy of the audit report within 30 days after issuance to the central clearinghouse. Audit reports should be sent to: Bureau of Census Data Preparation Division 1201 East 10th Street 9 1-22-90 Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse C. The City will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with the attached "A Policy for the Accommodation of Utilities on Highway Rights of Way" as approved on April 5, 1988 by the United States Department of Transportation, _ Federal Highway Administration, Minnesota Division. -VIII- All references to statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year. -IX- The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AZD FORM NO. III Be it resolved that pursuant to section 161.36, Subdivision 1 through 6, Minnesota Statutes, the Commissioner of Transportation be appointed as agent of the City of Maplewood to let ae its agent, contracts for the construction of local roads and bridge, and the Mayor and the City Clerk are hereby authorized and directed for and on behalf of the City to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreement" a copy. of which said agreement was before the City Council, assuming on behalf of the City all of the obligations therein contained. Resolution No. 90 - 1 - 12 - This Agreement made and entered into by and between the City of Maplewood hereinafter referred to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the - Commissioner", WITNESSETH: WHEREAS, pursuant to M.S. 161.36 the City desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys; and 10 1-22-9G"' WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and conditions of the agency be set forth in an agreement; NOW, THEN, IT IS AGREED: -I- That pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of local roads and bridges. Each contract will be in accordance with plans and special provisions for said projects on file in the Department of Transportation, State Transportation Building, st. Paul, Minnesota 55155, and the latest edition of "Standard Specifications for Construction" and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by reference as though fully set forth herein. - In the letting of said contract, it is hereby agreed that the following procedures shall be followed, to-wit: A. The Commissioner shall cause the advertisements calling for bids on said work to be published in the "Construction Bulletin". He shall also cause advertisements for bids to be published in the officially designated newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Purchasing Agent of City of Maplewood on behalf of the Commissioner as agent of said City. Proposals, plans and specifications shall be available for the inspection of prospective bidders at the office of the Department of - Transportation, St. Paul, Minnesota, 55155, and at the office of said City Purchasing Agent and the advertisement shall so state. The bids received in response to said advertisement for bids shall be opened for and on behalf of the Commissioner by a District Engineer of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time selected by the Commissioner. After said bids shall have been opened, the City Council shall first consider the same and = thereupon transmit to the Commissioner all bide received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected. Upon receipt of all said bids, the Commissioner shall duly cause all of said bids to be tabulated and shall thereupon determine who is the lowest responsible bidder and shall award the contract to the lowest responsible bidder or shall reject all bide. B. The Commissioner shall superviseand have charge of the construction of said projects after the same has been let. The City agrees to furnish its City Engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any 11 1-22-90 contract let for the aforesaid projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City further agrees to furnish such other personnel, services, supplies and equipment ae shall be necessary in order to properly supervise and carry on said work. C. The Commissioner may make changes in the plans or the character of the work as shall be recommended by the engineer in charge of the work. If he concurs in such recommendations, the Commissioner may enter into, for and on behalf of the City, supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. It ie understood by the City that the Commissioner cannot personally investigate and pass judgement on the various items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervision _ and control that are employed by the Minnesota Department of Transportation. The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into, for and on behalf of the City, the supplemental agreements specified in the preceding paragraph hereof. D. The City hereby authorizes its City Engineer, for and on behalf of the City, from time to time, during the progress of the work on said projects, to request the Commissioner to furnish for use on said projects specific engineering services to be performed by skilled employees of the Minnesota Department of Transportation. The Commissioner maybut isnot obligated to furnish the services so requested. If the Commissioner in compliance with such request shall furnish for the use of the City on said projects the services of any Minnesota Department of Transportation employee, then and in that event, the .City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. E. The Commissioner shall receive the funds to be paid by the City and the funds to be paid by theUnited States as federal aid funds for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. F. The Commissioner shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner. G. The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the federal aid funds available for said projects and to that end 12 1-22-9U' to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and regulation issued by federal authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects. H. It is the policy of the United Staten Department of Transportation and the Minnesota Department of Transportation that Disadvantaged Business Enterprises as defined in 49 CFR, Part 23, and the Surface Transportation and Uniform Relocation Assistance Act for 1987, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the requirements of 49 CFR, Part 23, apply to this agreement. in this regard, the Commissioner and the City shall take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform on contracts and subcontracts. The commissioner and the City shall not discriminate on the basis of race, color, nation origin, or sex in the award and performance of federally funded contracts. Failure to carry out the above requirements shall constitute a breach of this agreement and may result in termination of the agreement or other such remedy that the Commissioner deems appropriate. I. The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority to order to cause said projects to be completed and to obtain and receive the federal aid made available therefor. _II_ The City agrees that it will from time to time, after-the execution of this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct so as to enable the Commissioner as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Commissioner's record retention schedule for federal aid projects. -III- It is anticipated that the United States will pay to the Commissioner as the agent of the City, the federal aid funds available to said City toward the construction of said projects. It ie further anticipated that _ the contracts to be let by the Commissioner as the agent of the City, for the construction of said projects shall provide that the contractor, as the work progresses, shall, from time to time, be paid partial payments designated in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. 13 1-22-90 The City further agrees that any city funds and/or Municipal State Aid Funds to be applied to any contract covered by-this agreement shall be deposited with the Commissioner in accordance with Minnesota Rules Chapter - 8820.1500 Subp. 3. At regular monthly intervals after contractors shall have started work under contracts let by the Commissioner as agent for the City for the construction of said projects, the engineer assigned to and in charge of said work shall prepare partial estimates in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Construction and Contract Administration Minnesota Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in duplicate. Each partial estimate shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final estimates shall be documented in accordance with the guidelines set forth - in the applicable documentation manual. After the approved final estimate has been submitted to the Commissioner, the City will pay to the Commissioner any additional amount which together with the federal funds received for that project will be sufficient to pay all the contract costs of the project. -IV- When the contractor shall have completed the work on said projects, the City agrees to inspect the same and forthwith upon the completion of said inspection advise the Commissioner whether or not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisfactory manner. In the event the City should, after said inspection, recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify - in particularity the defect s. in said work and the reasons why the work should not be accepted. it is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. -V- It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final, binding and conclusive on the parties hereto. -VI- 14 1-22-9" It is anticipated that the entire cost of said projects is to be paid from funds made available by the United States, by way of federal aid, and by the City. If for any reason the United States fails to pay any part of - the cost or expense of said projects, then and in that event the City agrees to pay the same. The City further agrees to pay any and all claims - or demands of any kind or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United States does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner from said claims and from any claims arising out of this agreement and to pay any and all expenses and costs connected with said projects or the construction thereof which the United States does not pay. -VII- The City further agrees that: A. All right-of-way acquisition and relocation will be conducted in accordance with 49 CFR Part 25. Procedures implementing this regulation are contained in Mn/DOT State Aid Manual Chapter 5-892.310. (Additional guidance may be obtained by referring to the FHWA's Real Estate Acouisition Guide for Local Public Acencies). B. if the City receives total direct and indirect federal assistance of: 1. $100,000 or more per year, the City agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (P>L> 98-502) and Office of Management and Budget (OMB) Circular A-128. The law and circular provide that the audit shall cover the entire operations of the City government or, at the option of the City Government, it may cover departments, agencies or establishments that. received, expended, or otherwise administered federal financial assistance during the year. However, if the City government receives $25,000 or more in General Revenue Sharing Funds in a fiscal year, it shall have an audit of its entire operations. - 2. Between $25,000 and $100,000 per year, the City agrees to obtain either - a. A financial and compliance audit made in accordance with the Single Audit Act of 1984 and OMB Circular A-128, or b. A financial and compliance audit of all federal funds. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations and the audit must be made in accordance with any federal laws and regulations governing the federal programs the subrecipient participates in. Audits shall be made annually unless the state or local government has, by January 1, 1987 a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall-permit 15 1-22-90 biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal year beginning before January 1, 1987. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independent standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 (or A-110 as applicable). The audit report shall include: 1) The auditor's report on financial statements and on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing the total expenditures for each federal assistance program as identified in the Catalog of Federal Domestic Assistance. Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance". 2) The auditor's report on the study and evaluation of internal control systems must identify the organization's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and regulations. It must also identify the controls that were evaluated, the controls that were not evaluated, and the material weaknesses identified as a result of the evaluation. 3) The auditor's report on compliance containing: a) A statement of positive assurance with respect to those items tested for compliance, including compliance with law and regulations pertaining to financial reports and claims for advances and reimbursements; b) Negative assurance on those items not tested; c) A summary of all instances of noncompliance; d) An identification of total amounts questioned, if any, for each federal assistance awarded, as a result of noncompliance; e) A statement on the status of corrective action taken on prior findings; and 16 1-22-90 - f) Refer to the use of the standards required by the Minnesota Lecal Compliance Audit Guide for Local Governments, prepared by the Office of the State Auditor. The purpose of this guide is to establish compliance guidelines for verification by auditors auditing political subdivisions of the State. in addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. The City agrees that the grantor, the Legislative Auditor, and any - - independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act and OMB Circular A-128. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and state agencies providing federal assistance, within six months of the City's fiscal year end. If a federal cognizant audit agency has been assigned for the City, copies of required audit reports will be filed with that agency also. Recipients of more than $100,000 in federal assistance must also - submit one copy of the audit report within 30 days after issuance to the central clearinghouse. Audit reports should be sent to: Bureau of Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse _ C. The City will treat all public, private or cooperatively owned _ utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with the attached "A Policy for the Accommodation of Utilities on Highway Rights of Way" as approved on April 5, 1988 by the United States Department of Transportation, - Federal Highway Administration, Minnesota Division. -VIII- All references to statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year. -IX- The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. 17 1-22-90 6. Termination of Conditional Use Permit and Approval of Home Occupation License (2580 Clarence Street). Approved the following: 1. Termination of the conditional use permit at 2580 Clarence Street for a home Piano-tuning business. - 2. Approved a home occupation license for Roland Lozier to operate a piano-tuning busilesa at 2580 Clarence Street. Approval is subject to the following conditions: a. Compliance with the City's home occupation licensing requirements, includingthe requirement - for annual renewal. b. No more than 515 square feet of the detached garage shall be used for business purposes. c. Only pianos repaired on-site may be sold. 7. Conditional Uae Permit Renewal: 1779 McMenemy Street - Mn. DOT Approved the renewal of the conditional vas permit subject to the original conditions of approval for one year, for a metal storage building at 1779 McMenemy Street. 8. Final Plat: Cave's Woods and Ponds Discussed before item F-4. 9. Conditional Use Permit Renewal: Salvation Army Church Approved the renewal of the conditional use permit, subject to the original conditions of approval, for one year for the Salvation Army Church and adult day care facility at Woodlynn Avenue and Ariel Street. F. PUBLIC HEARINGS 1. 7:00 P.M., Ciatti's On-Sale Liquor License a. Mayor Anderson convened the meeting for a public hearing regarding the request of Robert David Gillen for an On-Sale Liquor License to be located at Ciatti's, 1900 E. County Road D. b. Manager McGuire presented the staff report. c. Mr. Robert Gillen, 3063 Farrington Court, Roseville, the applicant, spoke on behalf of hie request. - d. Mayor Anderson called for proponents and opponents. None were heard. 18 1-22-9c - e. Mayor Anderson closed the public hearing. f. Councilmember Rosebach introduced the following resolution and moved its adoption• 90 - i - 13 NOTICE IS HEREBY GIVEN, pursuant to action by the City Council of the City of Maplewood on January 22, 1990, an On-Sale Intoxicating Liquor License was approved for Robert David Gillen, dba 1900 E. County Road D The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS 1. T.H. 61 Watermain, Project 87-44, Final Acceptance, Change Orders 1, 2 and 3 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the proposal. _ c. Councilmember Rosebach introduced the following resolutions and moved their adoption: 90 - 1 - 14 RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the City Engineer for the City of Maplewood has determined that T.H. 61 Water Main, Kohlman Avenue to Beam Avenue, City Project 87- 44, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 87-44 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 90 - 1 - 15 RESOLUTION DIRECTING MODIFICATION OF E%ISTING CONSTRUCTION CONTRACT - WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 87-44 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and - 19 1-22-90 WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87-44, Change Order One. 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 One in the amount of $19,875.25. 90- 1- 16 RESOLUTION DIRECTING MODIFICATION OF EBISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 87-44 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87-44, Change Order Two. 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 Two in the - amount of $11,389.32. 90 - 1 - 17 RESOLUTION - DIRECTZN6 MODIFICATION OF E%ISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 87-44 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and - WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87-44, Change Order Three. 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 Three in the amount of $17,000. The project budget is amended to $249,000. The project financing is amended as follows: Assessments $ 55,124.92 Hydrant Fund 193,875.08 Total $249,000.00 Seconded by Councilmember Zappa. Ayes - all. 20 1-22-9. F. PUBLIC HEARINGS (Continued) 2. 7:10 P.M., Street Vacation: Radatz Avenue a. Mayor Anderson convened the meeting for a public hearing regarding the request of Highway 61 Partners to vacate the Radatz Avenue right-of--way located just north A.B.R.A. Auto Body. b. Manager McGuire presented the Staff report c. Council discussed the appearance of A.B.R.A. and questioned what control can be imposed. d. Board Member Roger Antizberger gave the Community Design Review Board report regarding conditions placed on the A.B.R.A. building. e. Mr. Jim Benson, Higkway 61 Partners, the applicant, spoke on behalf of the request. f. Mayor Anderson called for proponents and opponents. None were heard. g. Mayor Anderson closed the public hearing. h. Councilmember Bastian introduced the following resolution and moved its adoption• 90-1-18 WHEREAS, Highway 61 Parfiers initiated proceedings to vacate the public interest in the following -described property: Radatz Avenue between Highway 61 and vacated English Street WHEREAS, the following adjacent properties are affected: Lots 91 and 92, Gardena Addition to Ramsey County WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street right-of--way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning commission on January 4,1990. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City council held a public hearing on January 22,1990, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered 21 1-22-90 reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above-described street right-of-way, public interest in the property will accrue to the following-described abutting properties; Lots 91 and 92, Gardena Addition to Ramsey County NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above-described vacation on the basis of the following findings of fact: 1. This right-of--way is not needed for utility or roadway purposes. 2. The majority of Radatz Avenue to the east has already been vacated. 3. The vacation would allow the expansion of the parking lot at 2806 Maplewood Drive without the need for a variance. Seconded by Councilmember Zappa. Ayes -all. i. Councilmember Rossbach moved to remand the applicant back to the Community Design Review Board to further discuss fencing or screening on the North and West side of the property - and, also contact the Watershed District regarding the "skimming" operation for runoff into the wetlands is adequate. Seconded by Mayor Anderson. Ayes -all. 3. 7:20 P.M., McMenemy Street, South of Mn. DOT a. Plan Amendment b. Rezoning 1. Mayor Anderson convened the meeting for a public hearing regarding the proposal for a land use plan amendment from RM, medium density residential to RL, Low Density residential and a rezoning from F, Farm residential to R-1, single dwelling residential for the - area south of the Mn. DOT property along the west side of McMenemy Street. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Mayor Anderson called for proponents and opponents. None were heard. 22 1-ZZ-90 5. Mayor Anderson closed the public hearing. 6. Covncilmember Zappa introduced the following resolution and moved its adoption: 90 - 1 - 19 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RM, medium density residential to RL, low density residential for the following-described property: The area south of the Minnesota Department of Transportation (MnDot) property, west of McMenemy Street. - This property is more commonly described as 1733-1767 McMenemy Street. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on January 4, 1990, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persona present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on January 22, 1990. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOODCITY COUNCIL that the above-described plan amendment be approved on the basis that .the City does not anticipate any change in the current use of this area for single-dwelling homes. Seconded by Councilmember Roasbach. Ayes - all. 7. Councilmember Roasbach introduced the followinc resolution and moved its adoption: 90- 1-20 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R-1, single-dwelling residential for the following-described property: 23 1-22-90 The area south of the Minnesota Department of Transportation (Mn.DOT) property, west of McMenemy Street. This property is also known as 1733-1767 McMenemy Street. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was reviewed by the Maplewood Planning Commission on January 4, 1990. The Planning Commission recommended to the City Council that said rezoning be approved. 2. The Maplewood city Council held a public hearing on January 22, 1990, to consider this rezoning. Notice thereof was published and mailed pursuant to law. all persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is eonaiatent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of .the property adjacent tothe area - included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Zappa. Ayes - all. 4A. Final Plat: Cave's Woods and Ponds a. Manager McGuire presented the staff report. 24 1-22-9U b. Director of Community Development Olson presented the specifics of the proposal. c. Sam Cave, Ed Cave and Sons, Inc., the applicant, spoke on behalf of the request. d. Councilmember Zappa moved to table this matter until all conditions have been met. Motion died for lack of a second. e. Councilmember Rossbach moved to approve the final plat of Cave's Woods and Ponds subiect to the compliance of the original conditions of the preliminarv plat. Seconded by Mayor Anderson. Ayes - all. 4. 7:30 P.M., Building Locations: Larpenteur Avenue and McKnight Road. a_ Mayor Andersonconvened the meeting for a public hearing regarding the request of Robert H. Leibman to move four single dwellings to the southeast corner of McKnight Road and Larpenteur Avenue. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mr. Robert Leibman and Mr. Jeff Cody, the applicants, spoke on behalf of their request. - e. Mayor Anderson called for proponents and opponents. None were heard. f. Mayor Anderson cloeed the public hearing. g. Councilmember Rossbach moved approval for the placement of the four rambler-stvle single dwellings on lots one through four, block one,Woods and Ponds Addition at the corner of Larpenteur Avenue and McKnight Road. The following conditions must be met before permits may be issued: 1. Final plat approval of Caves Woods and Ponds. Verification from the County that the final plat for Caves Woods and Ponds has been submitted for recording. 2. Compliance with typical property line setback requirements and the 70-foot William's Brothers pipeline setback requirement. 3. Submittal of these required escrows: a. $100 for each dwelling which shall be used to defray the costs incurred by the City in inspecting the building 25 1-22-90 and property. The unused portion shall be returned to the applicant. b. $1000, or an irrevocable letter of credit for $1000, for each dwelling to guarantee any street repair that may be required resulting from damages caused by moving the building. c. An irrevocable letter of credit or cash in the amount of 1 1/2 times the estimated cost of completing the construction to meet code or to demolish the structure and. restore the site to a buildableatate. With this surety, it shall be stipulated that all work associated with the completion of the dwelling on the site shall be finished by June 1st, 1990. 4. The mover mu at be licensed with the State of Minnesota. 5. The applicant shall sign an "agreement to convey title" to be drafted by the City Attorney, which would give the City the right to take possession of the dwellings and property 90 days after the issuance of the permits for the house relocations. This documentation would grant the City the - right, along with the required escrows, to complete the construction or to demolish and remove the structures. 6. The site plans shall provide for driveway turnarounds on each lot. Seconded by councilmember Zappa. Ayes - all. G. AWARD OF BIDS None. I. NEW BUSINESS 1-A. Composting Concepts a. Manager McGuire presented the staff report. b. Richard Eiainger, President, Composting Concepts, Inc., and hie partner, John Marone, presented their proposal on the collection of leaves, brush, grass clippings, etc. c. Councilmember Zappa moved to refer the proposal to staff for further investication. Seconded by Councilmember Rosabach. Ayes - all. 26 1-22-9G- ' _ 2. '•Opticom" County Road B at T.H. 61. a. Manager McGuire presented the staff report. - b. Councilmember Bastian moved to authorize Mn/DOT to install EVP (emercencv vehicle ore-emotion) at County Road B at T.H. 61 at an estimated cost of S6850 and fund the cost from the street construction. state aid fund. Seconded by Councilmember Zappa. Ayes - all. - 3. Frattalone Addition Plat Correction - a. -Manager McGuire presented the staff report. b. Councilmember Rossbach moved the Frattalone Addition Plat correction as follows• LAND SURl7EYORS CERTIFICATE OF CORRECTION TO PLAT Name of Plat: FRATTALONE ADDITION Pursuant to the provisions of Chapter 505.174, Laws of Minnesota, 1957, Harry J. Johnson, the undersigned, a Registered Land Surveyor in and for the - State of Minnesota, declares ae follows: 1. That I prepared the plat of Frattalone Addition dated October 8, 1985, and filed on October 28th, 1985 in the office of the County Recorder for Ramsey County, Minnesota, in Book 98 of Plats, page 41. _ 2. That said plat contains errors, omissions, or defects in the following particulars, to-wit: The drainage and utility easement as graphically depicted on the easterly part of Lot 4, Block 1, is in error. - 3. That said plat is hereby corrected in the following particulars, to-wit: That the 10 foot drainage and _ utility easement shown across the front of Lot 4 and the - 20 foot drainage andutility easement shown thereon and indicated thereon as according to ?Document No. 2194613 shall so remain and in addition thereto shall be a drainage and utility easement across that part of said Lot 4, Block 1 lying easterly of a line drawn from a point on the north line of said Lot 4, distant 55.37 feet westerly of the northeast corner thereof to the southeast corner of said Lot 4 and there terminating. Seconded by Mayor Anderson. Ayes - all. 4. Discuss Upcoming Meetings. 27 1-22-90 a. Manager McGuire presented the report. b. Councilmember Zappa moved to establish the following meeting dates: FEBRUARY 08 Council Pre-Agenda Meeting Police Training Room 4:30 - 5:30 P.M. 08 Fire Study Police Training Room 5:30 P.M. 12 City Council Meeting Hazelwood Fire Station 7:00 P.M. 15 City Council Meeting Police Training Room 4:30 P.M. 22 Council Pre-Agenda Meeting Police Training Room 4:30 - 5:30 P.M. 22 Maplewood Mall Traffic Study Police Training Room 5:30 P.M. 26 City Council Meeting Hazelwood Fire Station 7:00 P.M. MARCH 05 Community Center Study Location To Be Announced 6:00 P.M. 08 Council Pre-Agenda Meeting Location To Be Announced 4:30 - 5:30 P.M. 12 City Council Meeting Location To Be Announced 7:00 P.M. 15 City Council Meeting Location To Be Announced 4:30 P.M. 19 Police Organizational Study - Location To Be Announced 6:00 P.M. 22 Council Pre-Agenda Meeting Location To Be Announced 4:30 - 5:30 P.M. 26 City Council Meeting Location To Be Announced 7:00 P.M. 29 City Council Meeting Location To Be Announced 4:30 P.M. 28 1-22-5`:;!:::.: - Seconded by Councilmember Bastian Ayes - all. 5. City hall Expansion Update a. Director of Public Works Haider updated the Council regarding the progress of the construction. b. Councilmember Rossbach moved to authorize Director of Public Works Haider to ex edits an bids and contact each councilmember. Seconded by Mayor Anderson. Ayes-- all. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Compost Site Councilmember Rossbach moved to direct staff to research what Ramaev County has planned for the compost site, chippino, etc. _ Seconded by Mayor Anderson. Ayes - all. 2. Gas Station T.H. 61 and County Road B a. Councilmember Rossbach stated it has been reported to him about a near accident at this intersection. He further requested that the conditional use permit for the HCO station be reviewed for health, safety, and welfare. b. Councilmember Rossbach wishes to go on record that the intersection, especially at the gas station entrance, is a dangerous situation. 3. Staff at Meetings - a. Councilmember Rossbach questioned if attendance at meetings by the entire staff is necessary. b. Manager McGuire stated he felt they should attend as many questions of them should be answered. 4. water Board - Monitoring a. Councilmember Bastian stated that the water board is indicating they will not be monitoring the problems at the Jackson site. There is a meeting scheduled February 21, 1990, and the board should be notified of Maplewood's opinion. 29 1-22-90 5. Tax Issue a. Councilmember Bastian stated he has received correspondence from the League of Cities that the legislature is contemplating the prohibition of municipalities having cash reserves. b. Councilmember Bastian moved the Council ao on record as indicating Maplewood's disapproval of the proposed legislation and make them aware of the impact of takino away cash reserves of municipalities. Seconded by Mayor Anderson. Ayes - all. 6. Self Defense Classes a. Councilmember Bastian stated some cities are holding self defense classes. Can Maplewood do this? b. Councilmember Bastian moved to have staff research such classes. Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers Bastian and Rossbach. Nay - Councilmember Zappa. 7. Ramsey County Property Assessor a. Councilmember Bastian moved to invite the Ramsey County assessor to a meeting, to explain the procedures on home occupation-conditional use permit. Seconded by Mayor Anderson. Ayes - all. 8. Council Paraphernalia a. Councilmember Bastian moved that the Manager investigate ID Taas, business cards, stationery, etc., for Council members. Seconded by Councilmember Zappa. Ayes - all. 9. Cable at Council Meetings a. Mayor Anderson moved that the first meeting whenever possible when Council Chambers are completed be televised for cable. Seconded by Councilmember Bastian. Ayes - all. 10. Appointment to RTV _ a. Councilmember Bastian moved the appointment of Councilmember Rossbach to the RTV. Seconded by Councilmember Zappa. Ayes - all. 30 1-22-90- 11. Woodchipping a. Mayor Anderson questioned when the City will be obtaining a woodchipper. b. Staff stated the City owns a woodchipper. c. Council directed staff to research providing wood chipping service to residents. L. ADMINISTRATIVE PRESENTATIONS None. - M. ADJOURNMENT Meeting adjourned at 9:37 P.M., to enter into closed session to discuss labor negotiations. City Clerk 31 1-22-90