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HomeMy WebLinkAbout03-11-91 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 11, 1991 Council Chambers, Municipal Building Meeting No. 91-05 PLEDGE OF ALLEGIANCE 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 7:05 P.M. by Mayor Bastian. B. ROLL CALL Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Arrived at 8:03 P.M. Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Absent C. APPROVAL OF MINUTES: Councilmember Rossbach moved to aoorove the minutes of Meeting No. 91-04 (Februarv 25. 1991) as oresented. Seconded by Mayor Bastian Ayes - all D. APPROVAL OF AGENDA: Mayor Bastian moved to aparove the Aoenda as amended. 1. Date for next Council/Manager Workshop (M-1) Seconded by Councilmember Juker Ayes - all EA. APPOINTMENTS/PRESENTATIONS 1. HRA Appointment a. Manager McGuire presented the staff report. b. Lori Tauer, the applicant, answered questions from the Council. c. Mayor Bastian moved to apaoint Lori Tauer to the Housing and Redevelopment Authority. Seconded by Councilmember Rossbach Ayes - all 2. Boy Scout Troop 73 a. David Hardin, Scoutmaster, Boy Scout Troop 73, sponsored by Holy Redeemer, provided an honor guard for the, Presentation of Flags. b. Tim Rossbach, Senior Patrol Leader, stated he was working on a merit badge. c. Donald Dieble stated he was pleased to attend the meeting and that he is working on his merit badge. 1 3-11-91 E. CONSENT AGENDA: Councilmember Rossbach moved, seconded by Councilmember Juker: Aves - atl, to approve the Consent Aoenda items E-1 throu4h E-5 as recommended. 1. Approved the following claims: ACCOUNTS PAYABLE: $ 438,629.42 Checks #11952 - #12011 Dated 02-14-91 thru 02-28-91 $ 111.442.22 Checks #12431- #12541 Dated 03-11-91 $ 550,071.64 Total per attached voucher/check register PAYROLL: $ 189,717.90 Payroll Checks dated 02-15-91 $ 38.188.83 Payroll Deductions dated 02-15-91 $ 227,906.73 Total Payroll $ 777,978.37 GRAND TOTAL 2. HRA Reappointment Reappointed Lorraine Fischer to another five year term on the Housing and Redevelopment Authority. 3. Conditional Use Permit Renewal: Cope Avenue (Credit Union) Approved a one-year renewal of the Conditional Use Permit for the City and County Employees Credit Union. 4. Donation to Nature Center Approved $50.00 increases in estimated revenues and the Program Supplies Budget fore the Nature Center because of a donation from the St. Paul Audubon Society to help fund the "Building For Birds" youth program. 5. Joint Use Sewer Agreement Approved a Joint-Use Sanitary Sewer Agreement with the City of St. Paul to service the Hillwood Oaks Second Addition Plat, Project 89-06. F. PUBLIC HEARINGS None I. AWARD OF BIDS 1. Recycling Containers a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the report c. Mike Heinz, Gopher Recycling, spoke regarding the containers. d. Mayor Bastian moved to re.iect the bids and direct staff to resubmit bid specifications. Seconded by Councilmember Juker Ayes - all 2 3-11-91 G. UNFINISHED BUSINESS 1. Assessment Objection - Upper Afton Road a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one was heard. d. Councilmember Juker moved to take no action and the assessment remains as adopted. Seconded by Mayor Bastian Ayes - all 2. Parking Investigation - Reaney & McKnight a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Malcolm Boege, 756 N. McKnight Tom Wiener, representing the building owners, stated employees have been informed not to park on McKnight Road. d. Councilmember Rossbach moved to take no action and instruct staff to continue to monitor the site and send letters to the businesses in question,asking that they make an effort to not Dark on the streets in question. Seconded by Councilmember Juker Ayes - all 3. Code Change: Truth-in-Housing (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Karen Christopherson, St. Paul Board of Realtors d. Councilmember Rossbach introduced the following Ordinance and moved its adoption: ORDINANCE 683 AN ORDINANCE CONCERNING AN AMENDMENT TO THE TRUTH-IN-SALE OF HOUSING ORDINANCE THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sec. 9-237 is amended to read as follows: 3 3-11-91 (a) 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). (b) This article shall not apply to the following: (1) Sales that had an executed purchase agreement or earnest money contract before January 1, 1991. (2) A housing unit or residential building with a listing agreement that was signed before January 1, 1991. However, this article shall apply when the listing agreement expires. (3) A housing unit or residential building that the owner marketed for sale without a listing agreement before January 1, 1991. However, this article shall apply to these properties after June 1, 1991. The owner must provide proof that he or she marketed the property before January 1, 1991, such as a copy of an ad in the paper. Section 2.This ordinance shall take effect upon its passage and publication. Seconded by Mayor Bastian Ayes - all H. NEW BUSINESS 1. Truth-in-Housing: Multiple Dwelling Inspection a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Commissioner Fischer presented the HRA report. Councilmember Carlson arrived at the meeting at 8:03 P.M. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one was heard. e. Councilmember Rossbach moved first reading of the ordinance adopting Item 4 to be added to the present ordinance. Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Juker, Rossbach Nays - Councilmember Carlson f. Councilmember Rossbach moved to direct staff to look at the rental housing Truth- . in-Housing ordinance and the rental housing maintenance ordinance and submit a rye ort. Seconded by Councilmember Juker Ayes - all 4 3-11-91 2. Reduction in Required Parking: 1845 Co. Rd. D. (Frank's Nursery) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report c. Board Member Robinson presented the Community Design Review Board report, d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Steve Mangold, representing the owners of the shopping strip, spoke in favor of the reduction. e. Councilmember Carlson moved aoaroval of fifty-eight (58) fewer oarking spaces than code requires for the Frank's Nurserv Parking-lot. Seconded by Mayor Bastian Ayes - all 3. Balloon Sign: 1255 Cope Avenue (Northern Hydraulics) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: John Rose, Northern Hydraulics, spoke on behalf of their request. d. Councilmember Rossbach moved approval of a special sign permit for four davs for Northern Hvdraulics to erect a balloon sign on the grounds. Seconded by Councilmember Carlson Ayes - all 4. Code Change: Temporary Signs (1st Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Board member Robinson presented the Community Design Review Board recommendation. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Frank Zappa, Skytracker Promotions e. Councilmember Juker moved to table this item until Aoril 8. 1991. Seconded by Councilmember Rossbach Ayes - all 5. Code Change: Mining Ordinance (1st Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report c. Commissioner Fischer presented the Planning Commission report. 5 3-11-91 d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Frank Frattalone spoke on behalf of the proposed mining ordinance code change. e. Mayor Bastian moved to approve first reading of an ordinance regulating recvclinc of mining materials and to delete the stipulation that the Director of Publii. Safety must approve the use and handling of explosives and that blasting shall occur only at hours specified in the permit. Seconded by Councilmember Juker Ayes - all 6. Hazelwood Fire Station Roof Repair and Redesign a. Manager McGuire presented the staff report. b. Director of Public Safety Collins. presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Jim Frantzen, 1717 Clarence, representing the fire Department. d. Mayor Bastion moved to approve a budget transfer of $1.800 from the contingency fund and the expenditure of $1.800 for redesign of the Hazelwood Fire Department four-foot soffit overhang and that the design specifies the removal of facia, and find other alternatives. Seconded by Councilmember Juker Ayes - all 7, Lawful Gambling Permit - Transfiguration School a. Manager McGuire presented the staff report. b. Public Safety Director Collins presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Ted Zarembski, Transfiguration School d. Mayor Bastian introduced the following Resolution and moved it adoption: 91-03-35 A RESOLUTION APPROVING A LAWFUL GAMBLING PERMIT FOR TRANSFIGURATION SCHOOL BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Transfiguration School. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statutes No. 349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statutes No. 349.213. 6 3-11-91 NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Rossbach Ayes - all Mayor Bastian moved to waive the Rules of Procedure to add a Proclamation for Hill Murray to Council Presentations as Item J-1. Seconded by Councilmember Juker Ayes - all I. VISITOR PRESENTATIONS None J. COUNCIL PRESENTATIONS 1. Hill Murray Proclamation Mayor Bastian introduced the followina Resolution and moved its adoption: 91-03-36 PROCLAMATION WHEREAS, the Hill Murray High School Hockey Team represented Section Three in the Minnesota State Hockey Tournament; and WHEREAS, Hill Murray High School is located in the City of Maplewood; and WHEREAS, the students and staff of Hill Murray High School are to be commended for their valuable contribution to the people of Maplewood by demonstrating their school spirit and leadership skills during the 1991 State Hockey Championships; WHEREAS, the hockey players gave fully of their time, talent and energy to lead their team to the finals of the Minnesota State Hockey Tournament; and NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL and all of the citizens of Maplewood, that the Hill Murray High School Hockey Team be congratulated and commended for their outstanding achievement of First Place in the Minnesota State Hockey Tournament. Seconded by Councilmember Rossbach Ayes - all K. ADMINISTRATIVE PRESENTATIONS I. Date for Council/Manager Meeting Mayor Bastian moved the next Council/Manager meeting be on April 15, 1991 from 4:30 to 6:30 p.m. Seconded by Councilmember Rossbach Ayes - all 7 3-11-91 L ADJOURNMENT OF MEETING The meeting adjourned at 9:11 P.M. Lucille E. Aurelius City Clerk 8 3-11-91