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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 1 7-9-90 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 2 7-9-9 299.580 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. 3 7-9-90 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. 4 7-9-9k. 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. 5 7-9-90 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 0 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. 7 7-9-90 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. 8 7-9-9r. 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. 11 7-9-90 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 12 7-9-9f`."` 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. 13 7-9-90 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. 15 7-9-90 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. 16 7-9-90 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. 17 7-9-90 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. 18 7-9-96' 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. 19 7-9-90 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. 20 7-9-90 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 21 7-9-90