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HomeMy WebLinkAbout10-26-92 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 26, 1992 Council Chambers, Municipal Building Meeting No. 92-20 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 7:02 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Speciat City Council Meeting, October 5, 1992 Councilmember Carlson moved to aaarove the minutes of Special Council Meeting of October 5. 1992 as presented. Seconded by Councilmember Zappa Ayes - all 2. Minutes of Meeting 92-19 (October 12, 1992) Mayor Bastian moved to approve the minutes gf Meeting No. 92-19 (October 12. 1992 Las corrected: Page 15, I.2: Ayes - Councilmembers Juker, Rossbach, Zappa Nays - Mayor Bastian, Councilmember Carlson Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to aaarove the Agenda as amended: L1. Phalen Place Stop Signs L2. Commission Appointments L3. Mayor's Update F9. Withdrawn from Agenda M1. Police Consolidation Meeting Seconded by Councilmember Zappa Ayes - all 1 10-26-92 EA. PRESENTATIONS 1. Proclamation: HOSPICE CARE MONTH a. Manager McGuire presented the staff report. b. Mayor Bastian introduced the following Proclamation and moved its adootion• HOSPICE CARE MONTH November, 1992 WHEREAS, HealthEast Hospice Services located at St. John's Hospital is an essential component of health care in the Maplewood Community; and WHEREAS, HealthEast Hospice physicians, nurses, counselors, therapists, members of the clergy, and volunteers combine their abilities together to provide a positive and caring environment for terminally ill individuals in their final days; and WHEREAS, the compassionate and dedicated mem and women who provide hospice care help terminally ill patients cope with death and reaffirm their dignity and self worth; and WHEREAS, the committed team of professionals and volunteers also help the families of terminally ill patients deal with their grief and loss; and WHEREAS, the devoted HealthEast Hospice personnel shall be recognized for their contributions when the nation is observing National Hospice Month to ensure that HealthEast Hospice Services persevere as an integral alternative for terminally ill patients and their families. NOW, THEREFORE, BE IT RESOLVED that I, Gary W. Bastian, Mayor of the City of Maplewood, do hereby proclaim the month of November, 1992 as HOSPICE CARE MONTH in Maplewood, and call upon the citizens to convey their sincere appreciation and gratitude for the devoted and benevolent endeavors of all HealthEast Hospice Care Providers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Maplewood to be affixed this 26th day of October, in the year of our Lord one thousand nine hundred and ninety-two. Seconded by Councilmember Carlson Ayes - all F. CONSENT AGENDA: Councilmember Zappa moved, seconded by Councilmember Rossbach: aves - all. to aoarove the consent agenda items 1 - 8 and 10 - I3 as recommended. (Item - 9 was deleted from the AQenda.) 2 10-26-92 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 747,086.57 Checks #23692 - #23759 Dated 10-01-92 thru 10-14-92 $ 414.449.47 Checks #18672 - #18834 Dated 10-26-92 $1,161,536.04 Total per attached voucher/check register PAYROLL: $ 198,306.46 Payroll Checks #28893 thru #29053 Dated 10-09-92 $ 42.552.53 Payroll Deduction Checks #29052 thru #29081 dated 10-09-92 $ 240,858.99 Total Payroll $1.402.395.03 GRAND TOTAL 2. Financial Transfer to Close Improvement Project 81-20 _ Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close this project. 3. Financial Transfer to Close Improvement Project 83-01 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close this project. 4. Financial Transfer to Close Improvement Project 83-07 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close this project. 5. Financial Transfer to Close Improvement Project 86-03 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close this project. 6. Financial Transfer to Close Improvement Project 90-05 Authorized the appropriate budget adjustments and approved a transfer from the General Fund to close the fund for Project 90-05. 7. Revised Financing Plan for Improvement Project 85-17 Approved the financing plan, authorized the appropriate budget adjustments and approved the transfers necessary to close this project. 8. Budget Transfer: Finance Department Authorized the transfer of $1,730 from the General Fund Contingency Account to the Finance Department budget to finance collection agency fees. 9. Budget Transfer: City Cterk Department Deleted from Agenda 3 10-26-92 10. Conditional Use Permit Review: 2425 Maryland Avenue (Beaver Lake Estates) Reviewed and approved renewal of the Conditional Use Permit for Beaver Lake Estates Manufactured Home Park at 2425 Maryland Avenue for five years, at which time it will again be reviewed. I1. Conditional Use Permit Review: 1375-1487 Century Avenue No. (Rolling Hills Manufactured Home Park) Reviewed and approved renewal of the Conditional Use Permits for Rolling Hills Manufactured Home Parks at 1375-1487 Century Avenue for five years, at which time it will again be reviewed. 12. Frisbee Hi11 Zone Change (4 Votes) 92 - 10 - 141 ZONING MAP CHANGE RESOLUTION WHEREAS, the K. & J. Corporation applied for a change in the zoning map from R-2 (single and double dwellings) to R-1 (single dwellings). WHEREAS, this change applies to the property located on the north side of Frisbie Avenue between English and Frank Streets. The legal description is: The south 130 feet of the north 990 feet of the N.E. I/4 of S.E. 1/4 (subject to streets, avenues and drainage easement) in Section 16, Township 29, Range 22. WHEREAS, the history of this change is as follows: 1. On August 17, 1992, the Planning Commission recommended-that the City Council approve the change. 2. The City Council held a public hearing on October 12, 1992. 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 change in the zoning map for the following reasons: 1. The proposed change is consistent 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 to the 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 10-26-92 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. 5. The developer does not need an R-2 zone. 13. Certification of Delinquent Sewer Rental Accounts 92 - 10 - 142 CERTIFICATION OF DELINQUENT SEWER BILLS RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges, said list made a part herein, for - certification against the tax levy of said property owners for the year 1992, collectible in 1993, and which listing includes interest at the rate of five percent (5%) on the total amount for one year. Total amount to be certified: S 78,542.12 G. PUBLIC HEARINGS 1. 7:00 P.M., 2719 Stillwater Road (Yocum Oil) a. Mayor Bastian convened the meeting for a public hearing regarding a request from Tony Yocum for an addition to the Yocum Oil building which will require a parking lot striping plan, a Conditional Use Permit and a variance from City zoning code. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Will Rossbach presented the Planning Commission Report. e. Boardmember Bruce Thompson presented the Community Design Review Board report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Tony Yocum, the applicant Joe Bauman, Krause-Anderson g. Mayor Bastian closed the public hearing. 5 10-26-92 Variance h. Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 10 - 143 ZONING ORDINANCE VARIANCE WHEREAS, Anthony Yocum applied fora variance from the zoning ordinance at 2719 Stillwater Road. The Legal description is: Lot 15, Block 5, Midvale Acres; No. 2 WHEREAS, Section 36-28(c)(7) of the Maplewood Code of Ordinances requires Mr. Yocum's proposed building addition to be 80% screened from the lot to the west. WHEREAS, the applicant is proposing to use the existing trees as screening which would provide less than 80% screening. WHEREAS, the history of this variance is as follows: 1. This variance was reviewed by the Planning Commission on October 5, 1992. The recommended that the City Council approve the variance. 2. The City Council held a public hearing on 10-26-92. 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. Meeting the screening requirement would cause the applicant undue hardship. It is not feasible to screen 80% of the addition from the adjacent property. Because of the sloping yard, the north end of the addition would be two stories tall. 2. The variance would be in keeping with the spirit and intent of the ordinance because: a) The addition would be compatible in design with a residential building. b) The neighbor at 2711 Stillwater Road does not object to the addition and is not requesting additional screening. Seconded by Councilmember Rossbach Ayes - all 6 10-26-92 Conditional Use Permit i. Councilmember Zappa introduced the following Resolution. and moved its adoption: 92 - 10 - 144 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Anthony Yocum applied for a conditional use permit to build an addition to his office 15 feet from the adjacent residential lot line. WHEREAS, this permit applies to 2719 Stillwater Road. The legal description is: Lot 15, -Block 5, Midvale Acres No. 2 WHEREAS, the history of this Conditional Use Permit is as follows: 1. The Planning Commission discussed this application on October 5, 1992. They recommended that the City Council approve this permit. 2. The City Council held a public hearing on October 26, 1992. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. _ 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 7 10-26-92 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10. The setback is consistent with the setbacks for surrounding properties. Seconded by Councilmember Rossbach Ayes - all Parking Spaces j. Councilmember Zappa moved to approve seven fewer narking spaces than City Code requires on the basis that: 1. There will be 24 more parking spaces that the number of employees. 2. There is excess parking available now and Mr. Yocum is not planning any additional employees. Seconded by Councilmember Rossbach Ayes - all Plans k. Councilmember Zappa moved to aaarove the plans the Citv stamped Member 15. 1992 sub.iect to the following conditions: 1. Striping of the upper and lower parking lots, including the required handicap-parking spaces. 2. Installation of a handicap-parking sign for each handicap- . parking space. 3. Submission of a grading and drainage plan to the City Engineer for approval. 4. Repeat of this review in two years if the City has not issued a building permit for this project. Seconded by Councilmember Rossbach Ayes - all 2. 7:15 P.M., Off-Sale Liquor License - MGM Liquor a. Mayor Bastian convened the meeting for a public hearing regarding an application from MGM Liquor for an off-sale intoxicating liquor license at 2950 White Bear Avenue. b. Manager McGuire presented the staff report. c. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Gary E. Hanscom, 16050 Jenkins Street, Ham Lake, the applicant d. Mayor Bastian closed the public hearing. 8 10-26-92 e. Councilmember Zappa introduced the following Resolution and moved its adootion• 92 - 10 - 145 APPROVAL OF LIQUOR LICENSE NOTICE IS HEREBY GIVEN, that pursuant to action by the city Council of the city of Maplewood on October 26, 1992, an Off-Sale Intoxicating Liquor License was approved for Gary E. Hanscom, dba MGM Liquor, 2950 White Bear Avenue, Maplewood, Minnesota 55109. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Carlson Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Building Plan Review Procedure Ordinance (2nd Reading: 3 Votes required for Sections 1 and 2, changing the ordinance; 4 Votes required for Section 3 setting fees.) 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. No one appeared. d. Councilmember Zappa moved to approve Sections 1 and 2 of the revised Building Plan Review Ordinance. Seconded by Councilmember Juker Ayes - Councilmembers Rossbach, Zappa Nays - Mayor Bastian, Councilmembers - Carlson, Juker Motion Failed 2. Single and Double Dwelling Setback Ordinance (2nd Reading - 4 Votes) 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. No one appeared. d. Councilmember Zappa introduced the following Ordinance and moved its adoption: 9 10-26-92 ORDINANCE N0. 707 AN ORDINANCE CHANGING THE SETBACK REQUIREMENTS FOR SINGLE AND DOUBLE DWELLINGS The Maplewood City Council approves the following Ordinance: _ Section 1. This section changes three existing definitions and adds seven new definitions to Section 36-6. Covered structure: A structure with a roof. Front line of the dwelling: The longer side of a building that faces a street. If the front wall has an angle, the longest section _ shall be the front line. The length of parallel sections shall be ' added together to determine the longest section. On an interior lot, the Director of Community Development may consider the short side of the building to be the front. The Director shall base this decision on the design of the house. Front lot line: The lot line that abuts a street right-of-way line. On a corner lot, the front lot line shall be the line that is most parallel to the front line of the dwelling. If the City determines that the dwelling has no front line or that the line is equally parallel to both lot lines, then the property owner shall choose a front lot line. Lot depth: The distance from the front lot line to the rear lot lines. Predominant setback: The setback of the majority of the dwellings on the same side of the same street and within three hundred fifty (350) feet of the lot to be built on. Rear lot line: The lot line that is opposite and most parallel to the front lot line. Side lot line: The lot lines that connect the front and rear lot lines. front yard setback: The distance between any part of a structure and a street right-of-way line. A corner lot shall have a front yard setback on each street frontage. The front yard setback shall not include eaves, gutters, cornices or chimneys that project no more than two (2) feet into the yard. The front yard setback shall also not include sidewalks, steps, ramps or at-grade patios that have no walls, solid fence or roof. Rear yard setback: The distance between any part of a structure and the rear property line. The rear yard shall not include eaves, gutters, cornices, steps, ramps or chimneys that project no more than two (2) feet into the yard. Side yard setback: The distance between any part of a structure and the side property line. The side yard shall not include eaves, gutters, cornices, steps, ramps or chimneys that project no more than two (2) feet into the yard. Section 2. This section changes Section 36-70 through 36-72, R-1 (single dwelling) district regulations, as follows: 10 10-26-92 Sec.36-70. Front yards. ~ (a) Each dwelling and accessory structure shall have a front yard setback of at least thirty (30) feet, but not more than thirty- I five (35) feet. Except that: 1) If each of the lots next to an interior lot have dwellings, the minimum setback shall be the setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. 2) If subsection (a) 1) above does not apply and there is a predominant setback, a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. 3) Regardless of the above, if the Council has approved special setbacks for a development, these setbacks shall apply. Approval of a preliminary plat with building pads does not constitute approval of setbacks. 4) Regardless of the above, homeowners may add on to their homes using the existing setback. i (b) The Director of Community Development may allow a different setback if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1) The proposed setback would not affect the privacy of adjacent homes. 2) The proposed setback would save significant natural features, as defined in section 9-188. 3) The proposed setback is necessary to meet City, State or federal regulations, such as the pipeline setback or noise regulations. 4) The proposed setback is necessary for energy-saving, health or safety reasons. Sec. 36-71. Side yards. (a) There shall be a side yard setback of at least ten (10) feet to any covered part of a dwelling. There shall be a side yard setback of at least five (5) feet to a garage, uncovered structure or a detached accessory structure. The following exceptions shall apply: 1) The front yard setback requirements shall apply to the side yard on the street side of a corner lot. 2) When two (2) or more adjoining lots are used as a single building site, the side yard requirements shall apply only to the outside lot lines. 3) Regardless of the above, homeowners may add on to their homes using the existing setback. 11 10-26-92 (b) The City Council may approve a conditional use permit to construct a building addition into a minimum setback. Sec. 36-72. Rear yards. (a) For the covered parts of a dwelling, the minimum required rear yard setback shall be a line connecting a point on each side lot line that is twenty (20) percent of the lot depth. (b) Accessory structures and uncovered structures shall have a rear yard setback of at least five (5) feet; except that, on a double-fronting lot, the front yard setback requirements shall apply. - (c) A corner lot shall have only one rear lot line. (d) Regardless of the above, homeowners-may add on to their homes using the existing setback. (e) The City Council may approve a Conditional Use Permit to construct a building addition into a minimum setback. Section 3. This section changes section 36-83(c)(1) in the R-E Residential Estate Districts as follows: (2) All other setbacks shall be as required for the R-1 Residence District (single dwelling), except that the R-1 front yard setback requirements shall not apply to the RE-40 district. The minimum required front yard setback in an RE-40 district shall be thirty (30) feet. Section 4. This section changes sections 36-84.4 through 36-84.6, R-1S (small-lot single dwelling) district regulations, as follows. Sec. 36-84.4. Front yards. (a) Each dwelling and accessory structure shall have a font yard setback of at least thirty (30) feet, but not more than thirty- five (35) feet. .Except that: 1) If each of the lots adjacent to an interior lot have dwellings, the minimum setback shall be the setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. 2) If subsection (a) 1) above does not apply and there is a predominant setback, a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. 3) If the Council has approved special setbacks for a development, these setbacks shall apply. Approval of a preliminary plat with building pads does not constitute - approval of setbacks. 4) Regardless of the above, homeowners may add on to their homes using the existing setback. 12 10-26-92 (b} The Director of Community Development may allow a different setback if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1) The proposed setback would not affect the privacy of adjacent homes. 2) The proposed setback would save significant natural - features, as defined in Section 9-188. 3) The proposed setback is necessary to meet City, State or federal regulations, such as the pipeline setback or noise regulations. 4) The proposed setback is necessary for energy-saving, health or safety reasons. Sec. 36-84.5. Side yards. (a) There shall be a side yard setback of at least ten (10) feet to any covered part of a dwelling. There shall be a side yard setback of at least five (5) feet to a garage, uncovered structure or detached accessory structure. The following exceptions shall apply: 1) The front yard setback requirements shall apply to the side yard on the street side of a corner lot. 2) When two (2) or more adjoining lots are used as a single building site, the side yard requirements shall apply only to the outside lot lines. 3) Regardless of the above, homeowners may add on to their homes using the existing setback. (b) The City Council may approve a Conditional .Use. Permit to construct a building addition, or part thereof, into a minimum setback. Sec. 36-84.6. .Rear yards. (a) For the covered parts of a dwelling, the minimum required rear yard setback shall be aline connecting a point on each side lot line that is twenty (20) percent of the lot depth. (b) Accessory structures and uncovered structures shall have a rear yard setback of at least five (5) feet; except that, on a double-fronting lot, the front yard setback requirements shall apply. (c) A corner lot shall have only one rear lot line. (d) Regardless of the above, homeowners may add on to their homes using the existing setback. (e) The City Council may approve a Conditional Use Permit to construct a building addition into a minimum setback. 13 10-26-92 Sec. 36-89. Front yards. (a) Each dwelling and accessory structure shall have a font yard setback of at least thirty (30) feet, but not more than thirty- five (35) feet. Except that: 1) If each of the lots adjacent to an interior lot have dwellings, the minimum setback shall be the setback of the adjacent dwelling closest to the street. The maximum setback shall be the setback of the adjacent dwelling farthest from the street. 2) If subsection (a) 1j above does not apply and there is a predominant setback, a dwelling shall be no further forward and no more than five feet to the rear of the predominant setback. 3) If the Council has approved special setbacks for a development, these setbacks shall apply. Approval of a preliminary plat with building pads does not constitute approval of setbacks. 4) Regardless of the above, homeowners may add on to their homes using the existing setback. (b) The Director of Community Development may allow a different setback if it would not adversely affect the drainage of surrounding properties and if any of the following conditions aPP1Y~ 1) The proposed setback would not affect the privacy of adjacent homes. 2) The proposed setback would save significant natural features, as defined in Section 9-188. 3) The proposed setback is necessary to meet City, State or federal regulations, such as the pipeline setback or noise regulations. 4) The proposed setback is necessary for energy-saving, health or safety reasons. Sec. 36-90. Side yards. (a) There shall be a side yard setback of at least ten (10) feet to any covered part of a dwelling. There shall be a side yard setback of at least five (5) feet to a garage, uncovered structure or detached accessory structure. The following exceptions shall apply: 1) The front yard setback requirements shall apply to the side yard on the street side of a corner lot. 2) When two (2) or more adjoining lots are used as a single building site, the side yard requirements shall apply only to the outside lot lines. 3) Regardless of the above, homeowners may add on to their homes using the existing setback. 14 10-26-92 (b) The City Council may approve a Conditional Use Permit to • construct a building addition, or part thereof, into a minimum setback. Sec. 36-91. Rear yards. (a) For the covered parts of a dwelling, the minimum required rear yard setback shall be aline connecting a point on each side lot line that is twenty (20) percent of the lot depth. (b) Accessory structures and uncovered structures shall have a rear yard setback of at least five (5) feet; except that, on a double-fronting lot, the front yard setback requirements shall apply. (c) A corner lot shall have only one rear lot line. (d) Regardless of the above, homeowners may add on to their homes using the existing setback. (e) The City Council may approve a Conditional Use Permit to construct a building addition into a minimum setback. Section 6. This Ordinance shall take effect after its approval. Seconded by Councilmember Rossbach Ayes - all 3. Appointment of Project Review Committee. a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. c. Councilmember Carlson moved to approve the Pro.iect Review Committee composition as recommended by staff and including two residents. d. Councilmember Zappa asked to have three residents on the Committee. e. Mayor Bastian moved to vote on this proposal in two Darts: one on members 1. and 3-8 with a separate vote on the number of residents. Seconded by Councilmember Zappa Ayes - all Vote on composition of Committee as recommended by staff, excluding number of residents: Ayes - all Vote on number of residents to be included on Committee: ("Aye" vote is a choice for 2 residents, "Nay" vote will reopen for nomination of 3 residents): Ayes - Mayor Bastian, Councilmember Carlson Nays - CouncilmembersJuker, Rossbach, Zappa With "Nay" votes predominating, the issue is reopened for nomination of 3 residents to serve on the Project Review Committee 15 10-26-92 f. Councilmember Zappa moved to approve the Pro.iect Review Committee as recommended by staff and to include three residents: 1. Mayor Gary Bastian 2. Three residents: Joseph Fittipaldi, Don Misgen, James Roehl 3. Director of Public Works Kenneth Haider ` 4. Assistant City Engineer Bruce Irish 5. Engineering Technician Terry Metz 6. Consulting Engineer David Pillatzke 7. Contractor Frank Frattalone 8. Staff Coordinator: Assistant City Manager Gretchen Maglich Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Juker, Rossbach, Zappa Nays - Councilmember Carlson 4. Stop Signs - Walter at Lydia 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 was heard: Leo Johnson, 2983 Walter Street d. Mayor Bastian moved to approve installation of all-way stop signs at the intersection of Walter Street and Lydia Avenue. Seconded by Councilmember Carlson Ayes - all J. NEW BUSINESS 1. Construction Management Services: Approval of Contract a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich 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: Dick Gunderson, 9757 Ideal Avenue, Mahtomedi, McGough Construction Co. d. Councilmember Zappa moved to approve enterino into a 5285.000 contract with McGou4h Construction for construction management services for the Maplewood Community Center. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker e. Councilmember Zappa moved an exception to the retention schedule to save the tapes of this meetino for posterity. Seconded by Mayor Bastian Ayes - all 16 10-26-92 1 VERBATIM TRANSCRIPTION OF A PORTION OF MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 26, 1992 Council Chambers, Municipal Building Meeting No. 92-20 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 7:02 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present J. NEW BUSINESS I. Construction Management Services: Approval of Contract a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. "Construction Management is a way to erect a building without the use of a general contractor. The City hires the construction manager to represent their interests and to coordinate the responsibilities of the owner, which is the City,-the architects, the engineers and the subcontractors. The construction manager is a key player in the pre-construction phase because it is during that phase that the architect puts together the different designs and the cost benefit analysis occurs and the cost estimating. The construction manager is the integral player during the construction phase because they are on-site directing the work of the subcontractors. The three things that a construction manager brings to the job site and the project are - the project comes in on time; the project comes in on budget; and it is a quality project. 10-26-92 I "The selection process that was used for the City is that we sent out an RFP and twelve proposals were received. Out of those twelve (an interview team was put together of the City Manager, the Assistant City Manager, the Director of Parks and Recreation and the Public Works Director; there were also two representatives from the architectural firm) we short listed it down to four firms and brought those in to interview. Out of the four firms, three were outstanding - M. A. Mortenson, Kraus-Anderson, and McGough Construction. They were all outstanding in all of the categories we judged them on, and eventually it came down, after a thorough discussion, of looking at the fee structure. There was a consensus among the members of the interview committee to recommend McGough Construction at a price of 5285,000 for the professional construction management services. There may be additional costs on top of the 5285,000 those would be for reimbursables -for things like renting of equipment or barriers, something that is on-site that the City could more economically rent and pay for as opposed to having each sub-contractor put into their contract. "The staff recommendation is to bring on board McGough Construction for a contract amount of 5285,000. There are two representatives from McGough here in the audience if you have any questions." c. Mayor Bastian asked for discussion. Councilmember Zappa: In the interview, at what point was it brought up about these reimbursable charges - did you discuss that with the four firms you interviewed, who brought that up - staff or the construction manager? Assistant Manager Maglich: It was part of the proposal - when we sent out the RFP we asked for a fixed amount and the reimbursables, so with all of the firms we interviewed it was part of the interview process. Councilmember Zappa: And none of them included that in their bids from 5285,000 to 5350,000? Assistant Manager Maglich: No Councilmember Zappa: You made the statement that one of the three reasons for hiring a construction manager is to bring the job in on time and also for quality construction. What happens if the project doesn't come in on time - who gets fined or what happens in that respect - and my other question is, not to have any ill will toward anybody, but when this building was constructed it sat for a while and we had some severe cracking out there in the floor - who takes care, who is going to pay the City back for that type of faulty workmanship or not tamping the ground right or not letting something settle, and then we've got some sagging - the building starts to look a little bad because of that - who pays the City back for these kinds of things. Assistant Manager Maglich: I think we are into a liability issue and a warranty issue, so I will let the City Attorney handle that. 10-26-92 2 City Attorney. Kelly: One of the aspects of a construction manager is the assemblage of the warranty and supervision of the work. We find that in dealing with projects, architects tend to say "I designed it and how it is placed is really not my concern." In dealing with large projects of this nature, the use of the eonstruction manager has been successful in assemblage of the warranty booklets and also, on the question of the tamping and the secondary inspections for liability, those are good questions and basically it is on the construction managers shoulders, his or hers, to process that and to allow a smooth transition between the project, the architect, the builder and the manager itself. Councilmember Zappa: Is the construction manager going to be required to have a bond of some kind to fix up these flaws that show up six months later and are serious flaws? City Attorney Kelly: Yes. One of the things they have in part of the work is that the warranty guarantees that - Mr. Haider can comment that we have been successful on some projects in clarifying the warranties and exactly what it is - if it is a straight out negligent defect or straight out defect in itself, the manager will help us sign off -.but he or she is doing the double checking, too, on the sign-offs. Mayor Bastian: I just recall the time when we put the addition on and we had two doors designed without doorknobs, and through a change order we got to pay for that, even though most people think that when you have a door you have some way to open it. Councilmember Zappa: Mr. Mayor, you didn't pay for that doorknob in the first place, that why the change order is valid - I've been hearing that for three years. Councilmember Rossbach: I guess I, if anybody, should be prejudiced for general contractors, I was one. But I am very enthusiastic about the construction manager concept and favor that approach. One other point about bonding is that, because we are a public entity, if we go to regular bids from contractors we have to accept any and every bid that is proposed, and so to protect ourselves we immediately put a 5% - we put a bond on it to guarantee completion and all this sort of thing. When you do that, every contractor figures out his cost - X million dollars or whatever the price might be - he checks with his bonding agent to find out what it is going to cost him to provide that bond and immediately puts it on his bid price. You pay for that bond from day one - the contractor doesn't pay for it - so you get kind of a jump right off the bat in that respect, in my mind. Councilperson Carlson: Just speaking from some knowledge of the construction manager/owner's rep concept, I have seen it in operation and I think it is really successful. On any kind of large project there are always jobs and issues that fell between the cracks that no one seems to be responsible for and it ends up being the owner's rep or the construction manager to make sure that those jobs get done, that the contractor does not think he needs to do or whatever. So I think it is a very good concept and I think it is well worth the money and I'm very excited about it. 10-26-92 3 _ Councilmember Zappa: I will go on record as being in favor of the construction management services, however, you all know I'm already on record to see that the City is going to get the best bang for their buck in this construction of the Community Center. Now, the only thing I want to know is - and I asked George to speak to this also - are we as a public entity and not the private sector - the public entity, going to continue to get the short end of the stick when we have these large projects built and after they're built there are flaws, who do we go to to get the things fixed up. I would like to have that answered once and for all - anybody can make mistakes, anything can happen afterward, but I think if we are going to spend this kind of money we have to have some assurances from someone that if something happens - like a house, now you get a 10-year guarantee - are we going to get a guarantee on this building? Say that three years from now it starts to sag because of the ground we are going to build it on, are we going to get it fixed up or are we going to have to have Mr. Kelly and his firm go through excessive litigation to try to recover some money. Can we do that once and for all and do this job right? Manager McGuire: First off, we would go to the construction manager. I'm not sure about three years, there are legal limits on how far back you can go on construction projects, maybe Mr. Kelly can speak to that, but our contact, or the person we will go to if there are any defects in the building, will be the construction manager. If it is a design flaw, I assume we would end up back with the architect, but any warranty problems, it is up to the construction manager to enforce the warranties. Mr. Kelly: I think what you are looking for is the situation of the high standard in construction and what we will do working with the construction manager. I think you are using the example of the heating plants and air conditioning plants - work with them to make a determination that the warranties are in place. Also, with respect to statute of limitations, which vary from six years on contract and misrepresentation to two years on certain types of improvements to real estate, these type of things I think you will see the product that the construction manager will place together in an organized booklet with respect to the warranties and with respect to the liabilities on any type of defect. Hopefully, the other thing is doing with soil content,. and that is a very good issue, is that they will double check on the soil borings and double check on the compaction rates to make sure that won't be a problem, it won't be a "what if"; they have built buildings all over the nation and they are aware of various types of building and soil contents on that, and I think you are getting, with this process, probably the best of the best - all of them were very good. Councilmember Zappa: I agree with you, Mr. Kelly, either one of these three companies are excellent, and we were really lucky to get them to bid this and have them in a range that we talked about initially, but again, you know what my concerns are - if we can't do this right, let's not do it, because we will have nothing but trouble.- we don't need a sinking swimming pool after this is running, we don't those kinds of things; we've got to be able to go after someone and say, for a change, we're going to collect - not like the heating and air conditioning fiasco we had in this building for six years. It was like a table tennis game - it went so fast back and forth you didn't even know who to talk to to get it fixed - and this is serious, because now we are going to spend thirteen million dollars and I want some assurance to the citizens of this City that we get it done right. How do you say it, George - cost is no excuse for doing a poor job. Amen. 10-26-92 4 Councilmember Rossbach: Again, Joe, I think we share your concerns, and I appreciate your effort on our behalf in that respect. I have said in the fifty years that I ~ spent in my construction history that I have never seen an architect pay for anything, and I tell them that every chance I get. So we can't look to him. A > contractor comes in and gives a bid; the day he starts he's shaking in his. pants because he is the low bidder and why is he the low bidder- what did he forget? So 'i you can't look to him. That's why I like the construction manager element. Their only job is to protect us - their only job is to make sure we get our dollar's worth for a dollar paid; that we get the best possible quality and all these sorts of things and so we are represented full-time on the job. You can't really count on the contractor or the architect to represent you - they claim they are going to do it, but as you pointed out, they do not, and I would concur with your assessment of that and so, for this reason, I think - and this is becoming quite popular and, as a matter of fact, I have a son who got his master's degree in construction management (he doesn't live in this state) but part of his thesis was checking out with as many places as they could get throughout the country how people who used that system 1 i ked it, and found that the architects didn't like it, the contractor's didn't like it, but the owners loved it; which tells me that, as the owner in this case, it's a good deal. c. Mayor Bastian asked if anyone there was a representative of McGough Construction in the audience. Dick Gunderson, 9757 Ideal Avenue, Mahtomedi, representing McGough Construction approached the microphone. Councilmember Zappa:` Mr. Gunderson, you heard my comments. I trust we're going to have a quality building constructed, should your firm get our approval this evening - or any firm. You heard my concerns. If something happens in a very short period of time down the line, how do you - how should the City be - why should the City be protected because a construction manager concept is now invoked? Dick Gunderson: I think that is a good question. I think what you have to do is start with a good basic design. From that, you do value engineering, you select good contractors and make sure they work - their performance is proper. We're here, and we will guarantee the project for you. I have been with the firm now for thirty-five years, we are here, we are located in this area, and we plan to be here for many more years. d. Councilmember Zappa moved to aoorove entering into a 5285.000 contract i with McGough Construction for construction management services for the 'I M~lewood Community Center. i Seconded by Mayor Bastian 10-26-92 5 Mayor Bastian: Joe brought up the situation with the original construction of this building, and I would say it probably even went to the - even though I wasn't around for the construction of the Public Works Building, both came with representations that they could do more than what they turned out. The Public Works Building was supposed to be able to take an addition off the back side; when we looked at it structurally it was not able to do the top side of the back side of the building we couldn't build up. This building was designed so we could fill in some of the upper spaces when our staff needs grew we found out that wasn't the case.. We also found out that the heating plant wasn't quite what we needed, so I think both of them indicated - I think it started out with some representations made and then, the fact that we did not have a construction manager to follow the project to conclusion. Other communities that have built any kind of building and have used a construction manager have saved money in what they were doing, so I think not only do we have someone working on our behalf, with a good reputation, also what I would say is a good safety record, which is important for us, is that we will look at having a good partnership to bring the building in on time, though we don't have a time schedule yet, but also a good quality building, so I'm sure we will be welcoming you aboard in a few seconds. Councilmember Zappa: If you will accept one addition to my motion - that the tape from this portion of the minutes be preserved for posterity. We have the gentleman's word on the tape what they are going to do for us, it's going to assist a legal firm, maybe in the future, I would like to see this tape preserved and preserved and preserved. Mayor Bastian: I am not going to second that as a part of the motion, but if you want to make that motion afterward it would be more appropriate. The motion. is just to approve the contract. It has been moved and seconded to award the contract for to McGough Construction Company. Any further discussion? If not, all in favor indicate by saying "aye". Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker e. Councilmember Zappa moved an exception to the retention schedule to save the audio tapes of this meeting for posterity. Seconded by Mayor Bastian Ayes = all ' 10-26-92 6 2. Lot Division Appeal: 12!!b Ripley Avenue (Jasper) 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: Delores Jasper, 1246 Ripley, the applicant f. Councilmember Zappa moved to accept staff recommendation and change the lot division condition from a 510.122.70 cash connection charge to a charge of 59.663.OO~pavable before the new deeds to the orooerty are sioned by the Citv. Seconded by Councilmember Carlson Ayes - all 3. Maplewood Square, 3035 White Bear Avenue a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Boardmember Bruce Thompson 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: Richard Schreier, 2125 Desoto, Maplewood; Building Owner Sign Plan Change d. Councilmember Zappa moved to approve the sign plan change as recommended by staff with the condition that at the end of their lease, owner will require that T-Birds change their sign to conform to the rest of the building. Seconded by Councilmember Juker Ayes - Councilmembers Juker, Zappa Nays - Mayor Bastian, Councilmembers Carlson, Rossbach Motion Failed Remodeling Plans e. Councilmember Zappa moved to approve the remodelingplans the Citv has stamped September 25. 1992 for the Maplewood Square remodeling, and the sign criteria recommended by staff as follows: FASCIA SIGNS (North and South Elevations) 1. The allocated sign area shall be the upper fascia. 2. Signs shall be individual letters and shall be no more than thirty inches in height. T-Birds' existing sign shall comply with the revious a royals. 3. Signs shall be internally illuminated. 17 10-26-92 4. A sign shall not cover more than eighty percent of the linear distance of the store to which it is attached. However, all signs shall be set in at least twenty-four inches from the borders of the tenant's lease area. All signs must be centered on the fascia. 5. Logos may be used in the allocated sign area but are subject to a maximum height of thirty inches. There shall be no more than- . one logo per tenant sign panel. FASCIA SIGNS (East and West Elevations) 1. The allocated sign area shall be the upper fascia. 2. Signs shall be individual letters and shall not exceed twenty four inches in height. T-Birds' existing sign shall comply with the previous aoorovals. 3. Signs shall be internally illuminated. 4. A sign shall not cover more than eighty percent of the linear distance of the store to which it is attached. However, all signs shall be set in at least twelve inches from the borders of the tenant's lease area. All signs must be centered on the fascia. 5. Logos may be used in the allocated sign area but are subject to a maximum height of twenty-four inches. There shall be no more than one logo per tenant sign panel. PYLON SIGNS: There may be one pylon sign at each end of the walkway (two signs total). Seconded by Councilmember Juker Ayes - all 4. Sign Plan Change: Maplewood Corner Shopper a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Boardmember Bruce Thompson presented the Community Design Review Board report. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Vince Driessen, Mid-America Entertainment, the applicant John Nelson, Manager of Maplewood Corner Shopper e. Councilmember Zappa moved to table this item for two weeks to allow more time to study the request. Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Zappa. Nays - Councilmember Rossbach 5. Nature Center Addition a. Manager McGuire presented the staff report. b. Director of Parks and Recreation Odegard presented the specifics of the report. 18 10-26-92 c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Ken Nordby, NAI Architects, 3939 Homewood White Bear Lake Jeanne Ewald, Park and Recreation Commission Peggy Boege, 756 N. McKnight Joe Fox, 1821 Myrtle Street Judy Horsnell, Nature Center employee d. Councilmember Carlson moved to approve the concept of an addition to the Maplewood Nature Center and approve the hiring of NAI Architects for the additional sum of 54,650.00 to cover architectural. structural. mechanical and electrical engineering services required for bids and specifications. from funds in the Park Development Fund for the _ Maplewood Nature Center• and that upon completion of taking bids the Citv Council will make the award of the contract. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa - 6. Distribution of Charitable Gambling Funds a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the report. c. Councilmember Carlson moved to table to allow staff to investigate feasibility of establishing an "endowment" tvoe fund. Seconded by Mayor Bastian Ayes - all 7. Mn/DOT Training Agreement a. Manager McGuire presented the staff report, b. Councilmember Zappa moved to authorize entering into an agreement with Mn/DOT which provides for up to 55.000.00 reimbursement to Maplewood for training leading to certification of Engineering Technicians• and to authorize 1992 budget changes to reflect a 55 000 00 increase in estimated revenue with _a corresponding 55.000 increase in the Engineering Department travel and training budget. Seconded by Councilmember Juker Ayes - all 8. No Parking: County Road C, Project 89-04 a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the following Resolution and moved its adoption: 19 10-26-92 92 - 10 - 146 RELATING TO PARKING RESTRICTIONS ON SAP 138-010-05 (TRUNK HIGHWAY 61 FRONTAGE ROAD) FROM COUNTY ROAD C TO KOHLMAN AVENUE IN THE CITY OF MAPLEWOOD, MINNESOTA THIS RESOLUTION, passed this 26th day of October, 1992, by the City of Maplewood in Ramsey County, Minnesota. The Municipal Corporation shall hereinafter be called the CITY, WITNESSETH: WHEREAS, the City has planned the improvement of SAP 138-010-05 (Trunk Highway 61 frontage road) from County Road C to Kohlman Avenue. WHEREAS, the City will be expending Municipal Street Aid Funds on the improvement of this street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS THEREBY RESOLVED: That the City shall ban the parking of motor vehicles on SAP 138-010-05 (Trunk Highway 61 frontage road) from County Road C to Kohlman Avenue. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Council members Carlson, Juker, Zappa Nays - Councilmember Rossbach C. Councilmember Zappa introduced the following Resolution and moved its adootion• 92 - 10 - 147 RESOLUTION REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ALONG A PORTION OF COUNTY ROAD C WHEREAS, the COUNty has planned the improvement of County Road C (CSAH 23) from Hazelwood Street to T.H.61; and - WHEREAS, the County will be expending County Street Aid Highway Funds (S.A.P. 62-623-34) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted for such County State Aid streets and that approval of the proposed construction as a County State Aid street project must, therefore, be conditioned upon certain parking restrictions; and WHEREAS, the extent of these restrictions, that would be a necessary prerequisite to the approval of this construction as a County State Aid project in the City, has been determined. NOW, THEREFORE, IT IS THEREBY RESOLVED, that the City requests the County to restrict the parking of motor vehicles on both sides of County Road C from Hazelwood Street to TH 61. 20 10-26-92 Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Zappa Nays - Councilmember Rossbach 9. Change Order No. 2: Sterling Street, Project 87-45 a. Mayor Bastian moved approval of Change Order 2. to charge the cost of this oro.iect prior to 1992 be paid by allocation of 5200,000 of Water Access Charges, St. Paul District funds. Seconded by Councilmember Carlson Ayes - all K. VISITOR PRESENTATIONS NONE M. COUNCIL PRESENTATIONS 1. Phalen Stop Signs a. Councilmember Rossbach asked how requests for removal of stop signs, etc. are handled; what about people who want the sign to stay? b. Director of Public Works Haider stated there is no set procedure, but it could possibly be handled with a mass mailing to residents in the affected area. c. Councilmember Rossbach moved to direct staff to investigate a procedural plan for handling such requests. Seconded by Mayor Bastian Ayes - all Councilmember Juker moved to waive the Rules of Procedure and extend the meeting until all items are completed. Seconded by Councilmember Zappa Ayes - alt 2. Commission Appointments a. Councilmember Zappa moved to direct staff to provide Council with the names of applicants for appointment to Citv Boards and Commissions Seconded by Councilmember Rossbach Ayes - all 3. Mayor's Update a. Mayor Bastian stated the City's recycler is looking for materials promoting awareness about recycling. i) Councilmember Zappa asked about the availability of materials from Ramsey County, and noted this should be discussed at a Council/Manager Meeting. b. Mayor Bastian commented on the Red Ribbon Campaign, addressing concerns about violence, drugs, minorities, guns, child abuse and other social problems. 21 10-26-92 c. Mayor Bastian stated he had spoken with the Metropolitan Council about obtaining Census track data regarding locations for services and schools. d. Mayor Bastian stated the November 7 Mayor's Forum at City Hall will include information regarding the Open Space Committee Report. M. ADMINISTRATIVE PRESENTATIONS 1. Police Consolidation a. Manager McGuire stated a date must be set for an informational meeting regarding the Police Consolidation Study. b. Councilmember Juker moved the informational meeting be held from 6:00 P M to 7.00 P M on November 9 1992. .iust before the next Council Meeting. N. ADJOURNMENT OF MEETING Meeting adjourned at 10:42 P.M. Lucille E. Aurelius City Clerk 22 10-26-92