HomeMy WebLinkAbout07-09-90MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 9, 1990
Council Chambers, Municipal Building
Meeting No. 90-14
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 7:00 P.M., by
Acting Mayor Rossbach.
B. ROLL CALL
George F. Rossbach, Acting Mayor Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
Joseph A. Zappa, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 90-11 (May 31, 1990)
Councilmember Juker moved to approve the Minutes of Meeting No. 90-11 (May
31, 1990) as submitted.
Seconded by Councilmember Bastian. Ayes - all.
2. Minutes of Meeting No. 90-12 (June 11, 1990)
Councilmember Zappa moved to approve the Minutes of Meeting No. 90-12
(June 11, 19901 as corrected:
Page 14, Item H-9, 3rd Line - delete "for Staff to"
Seconded by Councilmember Bastian. Ayes - all.
3. Special Meeting (June 20, 1990)
Councilmember Juker moved to approve the Minutes of June 20, 1990,as
submitted.
Seconded by Councilmember Zappa. Ayes - all.
D. APPROVAL OF AGENDA
Acting Mayor Rossbach moved to approve the agenda as amended:
1. Brooks Food
2. Dutch Elm Disease
3. Cable TV Schedule
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4. County Road Projects
5. Erosion Control
6. Storm Damage Assessment
7. Park Addresses
8. Olympic Medalists
9. County/Civil Service Meeting
10. Rolling Hills Zoning Follow Up
11. Fitness Center Coverage for Councilmembers
12. Memo -Frank's Addition
13. 2373 Gall
14. L-2 Procedure for Filling Council Vacancy
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Councilmember Zappa moved, seconded by Councilmember Bastian, Ayes - all., to
approve the Consent Agenda Item E-1 through 6 as recommended•
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE;
$ 454,612.97 Checks # 5872 thru if 10511
Dated 5-30-90 thru 6-27-90
S 127,298.05 Checks # 6446 thru # 6620
Dated 7-9-90
$ 581,911.02 Total per attached voucher/check register
PAYROLL•
$ 188,762.18 Payroll Checks
S 36,116.37 Payroll Deductions
$ 806,789.57 GRAND TOTAL
2. Financial Transfers - 1989 Bond Issue
Approved the following 1990 transfers:
(A) From the Street construction State Aid Fund to the Public
Improvement Projects Fund for the following projects:
$ 45,000 87-04 McKnight Rd. Phase II Larpenteur to 36
153,050 87-05 McKnight Rd. Phase III Beaver Lake to Conway
21,322 85-26 Cope Avenue - Hazel to Ariel
18,608 88-11 Ariel Street - County Rd. B to Cope Avenue
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299.580 88-14 Gervais - English to Kennard
-- $537,560-
(B) From the Sewer Fund to the Public Improvement Projects Fund for
the following projects:
$ 98,650 87-05 McKnight Rd. Phase III Beaver Lake to Conway
4.780 84-14 Walter Street
$103,430
(C) From the Hydrant Charge Fund to the Public Improvement Projects
Fund for the following project:
$ 4,650 85-26 Cope Avenue - Hazel to Ariel
3. Sergeants' Settlement
Approved the following Sergeants' Settlement:
The current agreement calls for a wage and insurance reopener on
January 1, 1990. In settlement of this reopener, the City
proposes a 48 wage increase over the 1989 pay equity base ($125
per month) effective January 1, 1990.
4. Supplement to MSA Contract
Approved a salary increase of $200.00 per month for the Assistant Finance
Officer effective January 1, 1990, and approved the necessary budget
transfers.
S. Budget Transfer: T -Sall Program
Approved the additional $1600.00 in expenditures for the T -Ball Program
(offset by additional revenue) as follows:
101-603-238 4020 $ 150.00
101-603-238 4120 1,450.00
6. Cope Avenue - Craig to Ariel, Project 85-26, Accept Project
Resolution 90 - 7 - 107
WHEREAS, the City Manager for the City of Maplewood has determined
that Cope Avenue, Craig to Ariel, City Project 85-26, is complete and
recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 85-26 is complete and maintenance of these
improvements is accepted by the City. Release of any retainage or escrow
is hereby authorized.
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FURTHERMORE, the budget is revised as follows:
Special Assessments $320,688
Hydrant Fund 42,705
MSA Street Construction 158,250
General Obligation 54.300
Total 4575,943
F. PUBLIC HEARINGS
1. 7:00 P.M., Variance: Burke Avenue (Svendsen)
a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding the request of Marion Svendsen and Donald Kaiser for a lot area
variance of 600 square feet to sell a 9400 square foot lot for
construction of a single family home. The property is located on Burke
Avenue west of White Bear Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
request and the Planning Commission recommendation.
d. Marion Svendsen, the applicant, spoke on behalf of the proposal.
e. Acting Mayor Rossbach called for proponents and opponents. None were
heard.
f. Acting Mayor Rossbach closed the public hearing.
g. Councilmember Zappa introduced the following resolution and moved its
adoption•
90-7 - 108
WHEREAS, Marion Svendsen and Donald Kaiser applied for a variance from
the zoning ordinance at the 1700 block of Burke Avenue. The legal
description is:
Lots 26 and 27, Block One of Kredel's Addition to Gladstone.
WHEREAS, Section 36-69 of the Maplewood Code of Ordinances requires a
minimum lot area of 10,000 square feet.
WHEREAS, the applicant is proposing to construct a home on a 9,400
square foot lot.
WHEREAS, this requires a variance of 600 square feet.
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WHEREAS, the history of this variance is as follows:
1. This variance was reviewed by the Planning Commission on
June 18, 1990. They recommended to the City Council that
the variance be approved.
2. The City Council held a public hearing on July 9, 1990.
City Staff published a notice in the Maplewood Review and
sent notices to the surrounding property owners as
required by law. The Council gave everyone at the hearing
an opportunity to speak and present written statements.
The Council also considered reports and recommendations
from the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the
above-described variance for the following reasons:
1. Strict enforcement would cause undue hardship because of
circumstances unique to the property under consideration
because:
a. A single-family home is a reasonable use of this lot.
b. The plight of the property owners is due to
circumstances unique to the property and they did
not create the conditions.
C. Since the lot is similar in width and area to
other lots in the neighborhood, this proposal will
not alter its essential characteristics.
d. There is not additional property available to the
applicants to increase the lot area.
2. The variance is in keeping with the spirit and intent of the
ordinance. '
Seconded by Councilmember Rossbach. Ayes - all.
2. 7:10 P.M., Highway 61 from Highway 36 to County Road C
a. Plan Amendment (4 Votes)
b. Rezonings (4 Votes)
1. Acting Mayor Rossbach convened the meeting for a public
hearing regarding proposing several changes to the City's land use
plan and zoning map in the area west of Highway 61 between County
Road C and Highway 36.
2. Manager McGuire presented the staff report.
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3.
4
3. Director of Community Development Olson presented the
specifics of the proposal and presented the Planning Commission
recommendation.
4. Acting Mayor Rossbach called for opponents and proponents.
None were heard.
5. Acting Mayor Rossbach moved to table this item until there is
a five -member Council.
Seconded by Councilmember Bastian. Ayes - all.
7:30 P.M., Highway 61 from County Road C to Beam Avenue
a. Plan Amendment (4 Votes)
b. Rezonings (4 Votes)
1. Acting Mayor Rossbach convened the meeting for a
public hearing regarding the proposal of a land use plan
amendment from OS (open space) to BW (business
warehousing) for the property on the northwest corner of
County Road C and Highway 61 and a proposal to rezone from
M-1 (light manufacturing) to F (farm residential) for the
area west of Highway 61 between County Road C and Beam
Avenue.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the
specifics of the proposal and presented the Planning
Commission recommendation.
4. Acting Mayor Rossbach called for opponents and
proponents. None were heard.
5. Acting Mayor Rossbach moved to table this item to the
next meeting where there is a five -member Council.
Seconded by Councilmember Juker. Ayes - Acting Mayor Rossbach,
Councilmembers Bastian and
Juker.
Nay - Councilmember Zappa.
7:50 P.M., Highway 61 from Beam Avenue to County Road D
a. Plan Amendment (4 Votes)
b. Rezonings (4 Votes)
1. Acting Mayor Rossbach convened the meeting for a public
hearing regarding the proposal to study the areas where the land
use plan and the zoning maps do not agree. The area of study for
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7-9-9( ".
this item is west of Highway 61, between County Road D and Beam
Avenue.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the
specifics of the proposal and also presented the Planning
Commission recommendation.
4. Acting Mayor Rossbach called for persons who wished to be
heard for or against the proposal. The following were heard:
Paul Bachman, 1200 Beam
Marilyn Vara, 1140 Beam
Jo Prokosch, 1272 E. County Road D
5. Acting Mayor Rossbach closed the public hearing.
6. Acting Mayor Rossbach moved to refer this item to the Planning
Commission to readdress the proposal and to refer to the testimony
given by the area residents.
Seconded by Councilmember Juker. Ayes - all.
G. AWARD OF BIDS
1. Tractor with Mower
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following resolution and moved its
adoption•
90 - 7 - 109
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Long Lake Ford Tractor, Inc., in the amount of $35,788, is the
lowest responsible bid for furnishing one (1) all-purpose tractor with
flail mowers, 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.
BE IT FURTHER RESOLVED THAT THE CITY rejects the bid of $8900 for the
trade-in of Maplewood Unit 564, a 1980 International tractor with mowers.
Seconded by Councilmember Bastian. Ayes - all.
H. UNFINISHED BUSINESS
2. Condor Storm Sewer - Project 86-01: Assessment Appeals Review
a. Manager McGuire presented the staff report.
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b. Director of Public Works Haider presented the specifics of the
appeals.
e. Councilmember Zappa moved to accent the staff recommendation and deny
the following anneals:
Jerry Johnson, 2445 Londin Lane #208 12-28-22-21-0036
Richard D. Martinson, 2455 Londin Lane #214 12-28-22-21-0042
Susan M. Schnarr, McKnight Townhomes
Stephen Jelinek, 2355 Dorland Place
Candice S. Klein, 2283 Pond Avenue
Emil M. Sturzenegger, 2455 Londin Lane #`321 12-28-22-21-0073
Seconded by Councilmember Bastian. Ayes - all.
3. Birmingham -Frost Storm Sewer
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented alternative methods to help
solve the drainage problems in this area.
C. Councilmember Zappa moved to accent staff's recommendation and
approved alternate No. 3. "Install a dry sumo instead of a storm sewer."
Seconded by Councilmember Bastian. Ayes - all.
Acting Mayor Rossbach called for a five minute recess.
Acting Mayor Rossbach reconvened the meeting at 8:20 P.M.
F. PUBLIC HEARINGS (Continued)
5. 8:20 P.M., Public Hearing - County Road D to Beam Avenue, Project 88-12 (4 Votes)
a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding the proposal to construct Beam Avenue through to County Road D.
The Council had previously ordered this project, but time limit has
expired and it necessitates Council reordering the project.
b. Manager McGuire presented the staff report.
c. Director of Public Works presented the history and specifics of the
proposal.
d. Acting Mayor Rossbach called for proponents. The following were
heard:
Mr. Frank Frattalone, the developer.
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e. Acting Mayor Rossbach called for opponents. The following expressed
their opinions:
Resident at 2994 Carey Heights Drive
Mrs. Barrett, 1176 E. County Road D
Marilyn Vara, 1140 Beam Avenue, asked if a letter from the former owner at
1166 Beam was received.
Mr. Shane, 1241 Beam Avenue
Arthur Mahnke, 1210 Beam Avenue
Paul Bachman, 1200 Beam Avenue
Resident at 2993 Carey Heights Drive
Patrick O'Brien, 2961 Edward
f. Acting Mayor Rossbach closed the public hearing.
g. Councilmember Zappa moved to approve the Project.
Seconded by Councilmember Juker.
Councilmember Juker withdrew her second.
Motion died for lack of a second.
h. Acting Mayor Rossbach moved to table this item until Aucust 13, 1990
Meeting when there will be a five -member Council.
Seconded by Councilmember Juker. Ayes - all.
A. UNFINISHED BUSINESS (Continued)
1. Code Amendment: Truth In Housing (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to delete No. 2 from Page 10 and insert it
in Page 14 as No. 81.
Seconded by Councilmember Juker. Ayes - all.
c. Councilmember Bastian introduced the following ordinance and moved its
adoption•
ORDINANCE NO. 668
AN ORDINANCE CONCERNING TRUTH -IN -SALE OF HOUSING
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Article XII, Truth -in -Sale of Housing Ordinance, is hereby added
to Chapter 9 of the Code of Ordinances.
Article XII. Truth -in -Sale -of -Housing Ordinance
9 7-9-90
Sec. 9-235. Purpose.
The purpose of this article is to protect the public health, safety and welfare
and to promote decent, safe and sanitary dwelling accommodations. To help -
accomplish this, the City is requiring the disclosure of housing information and
defects as a condition of the sale of housing. City inspectors may use this
information to require the correction of code violations in rental housing only.
Sec. 9-236. Definitions.
For the purpose of this article, the following terms are defined as follows:
Adequate water flow: Enough pressure to maintain at least a 1/4 -inch
diameter (pencil -sized) flow of water from each of at least three or more
plumbing fixtures at the same time.
Contractual agreement: An agreement, written or otherwise, between a
buyer and seller for the conveyance of, or the intent to convey, all or a
part of a housing unit or residential building. A contractual agreement
shall include, but not be limited to, an earnest money contract, deed or
purchase agreement.
Housing unit: A single dwelling, a double -dwelling unit, a town house
unit, a condominium unit (as defined by Minnesota Statutes), or any other
attached housing unit designed for the occupancy of one family. A housing
unit shall not include a manufactured home.
owner: A person having a vested interest in the housing unit or
residential building in question. This includes his or her duly -
authorized agent or attorney, before a sale.
Residential building: A building containing one or more housing units.
Sale: The conveyance of a housing unit or residential building to a new
owner.
Sec. 9-237. Applicability.
This article shall not apply to any newly constructed housing or
residential building when the title is conveyed to the first owner, except
that no owner shall convey or contract to convey a newly -constructed
housing unit or residential building without first providing to the buyer:
1. A list of the names, addresses and telephone numbers of all
contractors and subcontractors who constructed the building.
2. The items in Section 9-238 (b) (2) (a, b, c, e, f, g, h and i).
Sec. 9-238. Truth -in -Sale -of -Housing Disclosure Report.
(a) An owner shall not show a housing unit or residential building to
a prospective buyer without publicly displaying and making
10 7-9-9";I'-
available a truth -in -sale -of -housing disclosure report. This
report shall be at the housing unit or residential building at the
time of showing and within three days of listing. A copy of the
disclosure report shall be issued to the buyer before the
execution of a contractual agreement. A copy of such report must
be filed within 15 days with the City to be valid. A double
filing fee shall be collected by the City if the report is not
filed within 15 days.
(b) A housing disclosure report must be on the form prepared by the
City. It shall include:
(1) An evaluation by a City -certified housing inspector of
specific parts of the building and property listed on the
housing disclosure report. This list shall include, but
not be limited to, items address in the housing
maintenance, siding and junk removal ordinances. The City
shall be responsible for determining whether there is an ordinance
violation.
(2) A signed statement by the owner that includes the
following information:
a. Any damage to the building or its contents by
flooding or sewer backup and any evidence of
chronic water seepage of which the owner has
knowledge.
b. The nature, extent and cause of any water seepage
or flooding of any portion of the property.
c. Whether or not there are pending housing orders
from the City about the property.
d. Whether there is a homestead classification for
real estate taxes payable.
e. Any other known defects or problems that are not
visible.
f. Any deed restrictions or covenants running with
the property.
g. Whether the property is subject to the City's
pipeline, shoreland or flood plain ordinances.
h. The location and status of all known wells,
including a map, stating whether the well is in
use or abandoned and sealed.
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i. Whether the property is next to a high-voltage
transmission line. If so, the disclosure form
shall include the following statement: "This
property is next to a high-voltage (69,000 volts
or more) electric transmission line. Purchasers
should be aware that there is ongoing research on
adverse exposure to a magnetic field generated by
high-voltage lines. As of May 1990, no risk
assessments have been made by scientific or health
officials to resolve the health effects of long or
short term exposures to magnetic fields.
Purchasers with concerns about the exposures
should contact competent medical or health
inspectors or agencies for current risk assessment
information.
(c) A truth -in -sale of housing disclosure report shall be valid for no
more than one year from the date of approval by the City.
However, if there is substandard maintenance or subsequent damage
to the building, the Director of Community Development may require
a new inspection.
Sec. 9-239. Limitations.
(a) In making a housing inspection, the inspector shall consider any
concealed facilities to be adequate. The inspector shall base his
or her evaluation on the functional operation of the facility and
the condition of the equipment that is viewed. No other warrant
is expressed or implied.
(b) No one shall consider anything in a truth -in -sale -of -housing
disclosure report to imply that a residential building or housing.
unit meets all minimum building standards. In addition, no one
shall consider anything in the report to imply a warrant of the
condition of the housing evaluated. The inspector warrants that
he or she has used reasonable care and diligence in inspecting and
evaluating the building.
Sec. 9-240. Certificate of Competency.
(a) No person shall fill out a truth -in -sale -of -housing disclosure
report without having a valid certificate of competency. The City
must issue the certificate of competency. The City will only
approve housing inspectors that have passed competency tests as
truth -in -housing evaluators in St. Paul. The housing inspectors
must submit certification papers to Maplewood from the City of St.
Paul as truth -in -housing evaluators. The City of Maplewood must
license each housing inspector that works in the City. Maplewood
will automatically revoke a housing inspector's license if it is
revoked in St. Paul. The City of Maplewood may require the
passing of a test that shows the inspector's knowledge of the
City's housing code. The City may then issue a certificate of
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competency which is valid for one year. The city may issue
renewals of all such certificates. If a certificate of competency
lapses for one year or more, the person who held such certificate
shall reapply to Maplewood for renewal of such certificate. No
holder of a certificate of competency shall allow another person
to use said certificate.
(b) The City Council may revoke the certificate of competency of a
housing inspector for cause. At least ten days before the
hearing, the City shall send written notification to the mailing
address used in the inspector's application. The notice shall
list the date, time and place of the hearing and of the specific
reasons for -the suspension. The Community Development Director
may, at his or her discretion, suspend the certificate of
competency of a housing inspector pending a suspension hearing.
(c) The City council shall set up a fee schedule by resolution for
issuing a certificate of competency to approved housing
inspectors.
Sec. 9-241. Insurance.
(a) No certificate of competency shall be issued or renewed without
satisfactory proof of insurance insuring the applicant/evaluator.
(b) The City shall be included as a named insured on the required
insurance and any additional cost for including the City shall be
at the expense of the applicant/evaluator.
(c) The applicant's/evaluator's insurance shall remain in force
continuously thereafter and no certificate of competency shall be
deemed to be in effect during any period of time when such
insurance and proof thereof are not also in effect.
(d) Each applicant/evaluator shall have an individually -named
insurance policy.
(e) The insurance policy shall provide coverage of not less than
$250,000 per claim or $500,000 per year, aggregate, against any
and all liability imposed by law resulting from the performance of
the duties as a certified Truth -in -Sale of Housing evaluator.
Sec. 9-242. Housing Evaluation Fees.
The City Council shall set up a fee schedule by resolution for the filing of
truth -in -sale -of -housing disclosure reports.
Section 2. This ordinance shall take effect on January 1, 1991, and shall sunset
on June 30, 1992.
Seconded by Councilmember Zappa. Ayes - all.
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d. Councilmember Bastian introduced the following resolution and moved its
adoption•
90 - 7 - 110
WHEREAS, the City Council has approved a Truth -in -Sale -of -Housing
Ordinance;
WHEREAS, such ordinance requires the filing of certain forms and the
issuance of certificates of competency to approved housing inspectors; and
WHEREAS, there is administrative time required for this work.
NOW, THEREFORE, BE IT RESOLVED that a fee of $15 for each truth -in -
sale -of -housing disclosure report be required at the time of filing and
$74 for the issuance of a certificate of competency.
Seconded by Councilmember Zappa. Ayes - all.
I. NEW BUSINESS
1. H.R.A.
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented a report regarding
the Council's request to investigate the feasibility of incorporating the
Housing and Redevelopment Authority (H.R.A.) into the Planning commission.
c. No action taken.
2. H.R.A. Appointment
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian moved to reappoint Tom Connelly to a five year
term on the H.R.A.
Seconded by Acting Mayor Rossbach. Ayes - all.
3. Seal Coat Project
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to authorize staff to proceed with a seal
coating prosect in lieu of the overlay program in the Harvester Avenue
area.
Seconded by Councilmember Juker. Ayes - all.
14 7-9-9
1 4. Final Report of Fire Services Study
a. Manager McGuire presented the staff report.
b. Councilmember Joker moved to accept the Fire Services Study presented by Carroll Buraiker and
Associates and the recommendations of the Fire Services Study Committee and that the Committee be
continued and the report be concluded with the June 20, 1990 Minutes.
Seconded by Councilmember Zappa. Ayes — all.
5. Holloway Avenue, Beebe Road to McKnight Road, Project 87-14.
a. Manager McGuire presented the staff report.
b. Councilmember Bastian introduced the following resolution and moved its adoption:
90-7-111
WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to
prepare a report with reference to the improvement of Holloway Avenue — Beebe Road to McKnight,
City Project 87-14, by construction of 44 -feet wide bituminous roadway with concrete curb and gutter,
storm sewer, utilities, and appurtenances, and
WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement
herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that the proposed improvement on
Holloway Avenue — Beebe Road to McKnight, City Project 87-14, by construction of 44 -feet wide
bituminous roadway with concrete curb and gutter, storm sewer, utilities, and appurtenances is
feasible and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance with the reports and the
assessment of benefited property for all or a portion of the cost of the improvement according to
MSA Chapter 429, at an estimated total cost of the improvement of $390, 350.
3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County
Road B on Monday, the 13th day of August, 1990, at 7:10 P.M. to consider said improvement. The
City Clerk shall give mailed and published notice of said hearing and improvement as required by
law.
Seconded by Councilmember Zappa. Ayes — all.
6. Highwood/McKnight Outlet Project 90-10: Schedule Public Hearing
a. Manager McGuire presented the staff report.
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b. Councihnember Zappa introduced the following resolution and moved its adoption:
ZI)dmm
WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to
prepare a report with reference to the improvement of Highwood/McKnight Outlet, City Project 90-10,
by construction of storm sewer and pond acquisition and development, and
WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement
herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that the proposed improvement on
Highwood/McKnight Outlet, City Project 90-10, by construction of storm sewer and pond
acquisition and development is feasible and should best be made as proposed, is hereby
received.
2. The Council will consider the aforesaid improvement in accordance with the reports and
the assessment of benefited property for all or a portion of the cost of the improvement
according to MSA Chapter 429, at an estimated total cost of the improvement of $370,000.
3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East
County Road B on Monday, the 13'" day of August, 1990, at 7:00 P.M., to consider said
improvement. The City Clerk shall give mailed and published notice of said hearing and
improvement as required by law.
Seconded by Acting Mayor Rossbach. Ayes — Acting Mayor Rossbach, Councilmembers
Juker and Zappa.
7. 1991 Budget Meetings
a. Manager McGuire presented the staff report.
Nay — Councihnember Bastian.
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b. Council established a date of August 16, 1990, at 4:30 P.M., to meet
regarding the 1991 Budget.
8. Request For Reduced Speed Limits, Woodlynn Between McKnight and White Bear Avenue
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins stated a petition has been presented
to reduce the speed on Woodlynn from 40 MPH to 30 MPH.
c. Acting Mayor Rossbach moved to refer this matter to staff to
investigate the legality of the Citv reducing the speed limit and report
back at the July 23, 1990 Meeting.
Seconded by Councilmember Zappa. Ayes - all.
9. Request From Citizen (Dana Hebert)
a. Manager McGuire stated Mr. and Mrs. Dana Hebert asked to appear before
the Council to discuss a problem they are having with the construction of
a new porch.
b. Mr. Dana Hebert, 1189 Glendon, explained his problems.
c. Marjorie Ostrom, Building Official, explained that the porch has to be
constructed according to the U.B.C.
d. Councilmember Zappa moved to take no action as advised by the City
Attornev that the U.B.C. cannot be waived.
Seconded by Councilmember Juker. Ayes - all.
10. City Hall Front Door Signage
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to approve the replacement of the signage on
the front of the building to read "City Hall" and place signage on the
front door to read:
Office Hours
8:00 A.M. to 4:30 P.M.
Monday - Friday
After Office Hours
and
Weekends
Use East Entrance
Seconded by Acting Mayor Rossbach. Ayes - all.
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c. Councilmember Zappa moved to approve a budget transfer from the
Contingency Account of $75.00 for the front panel signage and $32.00 for
the front door signage.
Seconded by Acting Mayor Rossbach. Ayes - all.
11. Open Space Wetlands
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to table this item for two weeks.
Seconded by Councilmember Zappa. Ayes - all.
12. Erosion Control
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved to approve a chance order with Enebak
Construction in an amount not to exceed $12,600 for sod at Playcrest,
Geranium, and Sherwood Parks.
Seconded by Acting Mayor Rossbach.
13. City Hall Update
Ayes - Acting Mayor Rossbach
Councilmembers Bastian and
Juker.
Nay - Councilmember Zappa.
a. Director of Public Works brought the Council up to date regarding the
City Hall expansion.
b. Councilmember Bastian moved to accept the report and referred to Staff
to explore the feasibility of moving the evergreen trees that are too
close together at the northwest corner.
Seconded by Councilmember Zappa. Ayes - all.
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
1. Brooks Food
a. Councilmember Juker questioned what conditions were approved for the
strip center at English and 36, especially the Brooks store as they are
open 24 hours.
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b. Acting Mayor Rossbach referred the matter to staff to investigate the original conditions, the site
plan approved, etc., for that center.
Seconded by Councilmember Juker. Ayes — all.
2. Dutch Elm Program
a. Councilmember Bastian stated he has noticed the marking of trees again this year. Do we have a
program this year?
b. Staff stated the Dutch Elm disease program has started.
3. Cable T.V. Schedule
a. Councilmember Bastian questioned what Council meetings will be televised.
b. Staff stated there will be six meetings televised for this year.
c. Councilmember Bastian moved that the first Council meeting of the month will be on cable.
Seconded by Acting Mayor Rossbach: Ayes — Acting Mayor Rossbach, Councihnembers
Bastian and Zappa.
Nay — Councilmember Juker.
Councilmember Bastian moved to waive the Rules of Procedures and continue the meeting until the
agenda is finished.
Seconded by Councilmember Zappa. Ayes — all.
4. County Road Project
a. Councilmember Bastian moved to instruct staff to prepare a list of all current county road projects.
Seconded by Acting Mayor Rossbach. Ayes — all.
5. Erosion Control
a. Councilmember Bastian stated erosion is taking place on several area properties such as Beam
Avenue, English and Highway 36, and County Road C.
b. Staff will investigate.
6. Storm Damage Assessment
a. Councilmember Bastian questioned what damage occurred in Maplewood from the Sunday A.M.
storm.
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b. Staff stated trees, power lines were damaged, plus several houses in the Kohhnan Lake Overlook
Addition sustained damage. Director of Emergency Management Code will supply a list.
7. Park Addresses
a. Acting Mayor Rossbach requested and moved that addresses be given to park locations or
anything that is now identified by name only.
Seconded by Councilmember Zappa. Ayes — all.
8. Olympic Medalists
a. Acting Mayor Rossbacb moved to instruct staff to send a letter of commendation to the
Maplewood Olympic Medalists.
Seconded by Councilmember Bastian. Ayes — all.
9. Concil/Police Civil Service Meeting
a. Councilmember Zappa questioned when this meeting could take place.
b. Council stated a date could be set after there is a five -member council.
10. Rolling Hills Zoning Follow Up.
a. Councilmember Zappa questioned what the status of the zoning of the Rolling Hills property and
the property north to Larpenteur.
b. Staff stated a formal hearing is set for the last meeting in August.
11. Fitness Center Coverage for Councilmembers
a. Councilmember Zappa questioned if Councihnembers could join the City's Fitness Center.
b. Councilmember Joker moved to refer this matter to staff to investigate.
Seconded by Councilmember Zappa. Ayes — all.
12. Memo —Frank's Addition
a. Councilmember Zappa questioned if the property that Frank's Nursery Addition is on is the same
as the property the City was interested in buying.
b. Staff to investigate.
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13. 2373 Gall
a. Councilmember Zappa stated he had received a letter regarding storm
damage.
b. No action taken.
L. ADMINISTRATIVE PRESENTATION
1. Gambling Ordinance
a. Council tabled this item for two weeks.
2. Procedures for Filling Council Vacancies
a. City Attorney Pat Kelly explained the procedures for filling council
vacancies.
M. ADJOURNMENT
10:52 P.M.
City Clerk
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