HomeMy WebLinkAbout05-10-93 MINUTES Of MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, May 10, 1993
Council Chambers, Municipal Building
Meeting No. 93-11
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 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
p APPROVAL OF MINUTES:
1. Minutes of Meeting 93-10 (April 26, 1993)
Councilmember Zappa moved to approve the minutes of Meeting No. 93-10 (April
26. 1993) as presented.
Seconded by Councilmember Rossbach Ayes - all
F. APPROVAL OF AGENDA:
Mayor Bastian moved to ao~rove the Agenda as amended:
L 1 Reconsideration - Beam and Walter
L 2 Building - South Century
L 3 Libby Property
L 4 Gervais Avenue
L 5 School District
L 6 Ramsey County Parks Turnover
L 7 Hills and Dales
L 8 Parkway Drive & Highway 61
L 9 City Garage Sale
L10 Senior Sewer Billing
M 1 Rodney the Rooster.
Seconded by Councilmember Zappa Ayes - all
EA. PRESENTATIONS
1. Appointment of Park and Recreation Commissioner
a. Manager McGuire presented the staff report.
b. Mr. Peter Fischer, the applicant, answered questions from the Council.
c. Councilmember Rossbach moved to appoint Mr. Peter Fischer to the Parks
and Recreation Commission.
Seconded by Councilmember Carlson Ayes - all
1 5-10-93
F. CONSENT AGENDA:
Councilmember Zappa moved seconded by Mayor Bastian: ayes - all. to aonrove
the consent agenda items 1 2 3 4 & 6 as recommended. (Item 5 voted on
seoaratelv.l
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: I 321,562.71 Checks #27977 - #28046
Dated 4-15-93 thru 4-30-93
S 133.831.84 Checks #26031 - #26171
Dated 5-10-93
S 455,394.55 Total per attached voucher/check
register
PAYROL S 205,424.08 Payroll Checks #31924 thru #32096
Dated 4-23-93
S 13.631.56 Payroll Deduction Checks #32101 thru
#32112 dated 4-23-93
S 219,055.64 Total Payroll
S 674.450.19 GRAND TOTAL
2. 934 Evar Street
Accepted the report on the conditions of the property at 934 Evar Street.
3. Budget Transfer
Approved a 1993 Budget transfer of 511,621 from the Contingency Account to
purchase a new burster, electronic scale and mailing machine.
4. Cancellation of Assessment - Mahnke
93-05-61
CANCELLATION OF ASSESSMENT - PROJECT 88-12
WHEREAS, the City of Maplewood is a municipal corporation;
WHEREAS, Arthur Mahnke, Jr. and Rosemary A. Mahnke are owners of
property in the City of Maplewood legally described as:
The East 142 feet of the North 329.65 feet of Lot 102,
Gardena Addition to Ramsey County.
WHEREAS, the Mahnke property is also described as PIN No. 04-29-22-41-
0018-9.
WHEREAS, the City of Maplewood assessed the Mahnke property for
Maplewood City Project No. 88-12.
WHEREAS, the City of Maplewood and Arthur Mahnke, Jr. and Rosemary A.
Mahnke have entered negotiations for the transfer of the Mahnke property
(PIN No. 042-29-22-41-0018-9) to the City of Maplewood. Said negotiations
included the cancellation of an assessment for Maplewood City Project 88-12.
2 5-10-93
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood,
Minnesota, as follows:
1. That the outstanding assessment for Project 88-12 on the Mahnk~
property known as PIN No. 04-2-22-41-0018-9 is hereby canceled.
The above-captioned property is legally described as:
The East 142 feet of the North 329.65 feet of Lot
102, Gardena Addition to Ramsey County.
2. The amount of the assessment that has been canceled on PIN No.
04-29-22-41-0018-9 for Project 88-12 is S1,065.79.
(Item 5 Follows Item 6)
6. Assessment Adjustment - Project 81-20 - Hillcrest
93-05-62
ASSESSMENT ADJUSTMENT - PROJECT 81-20
WHEREAS, as of October 14, 1991, an assessment hearing was conducted
pursuant to Minn. Stat §429 for Public Improvement Project 81-20.
WHEREAS, the assessment roles adopted on October I4, 1991, whereas
Hillcrest was assessed part of the project, specifically PIN No. 24-29-
22-24-0010.
WHEREAS, on November 12, 1991, Hillcrest appealed the amount of the
watermain assessment which was 514,125.00.
WHEREAS, a trial was held in Ramsey County District Court before the
Honorable Bruce C. Stone.
WHEREAS, the District Court reduced the assessment on the watermain for
the Hillcrest property from E14,125.00 S7,000.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of
Maplewood that the assessment for watermain on Hillcrest Development
Property (PIN No. 24-29-22-24-0010) is hereby reduced pursuant to Court
Order from 514,125.00 to 57,000.00. -
That part of the assessment for street path consisting of 53,567.41
shall remain.
5. Assessment Adjustment - John
a. Councilmember Zappa moved that the cash connection will be a future
charge for this oroperty.
Seconded by Councilmember Carlson Ayes - all
3 5-10-93
b. Mayor Bastian introduced the following Resolution and moved its
adoption•
93-05-63
ADJUSTMENT OF ASSESSMENT - PROJECT 87-05
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council met and heard and passed upon all objections to the proposed
assessment for construction of street, sidewalk, storm sewer and water
service, also known as Project No. 87-05, passed on October 14, 1991.
WHEREAS, the assessment appeal was duly scheduled in Ramsey County
District court on October 29, 1992, at 9:00 a.m.
WHEREAS, the City of Maplewood, a municipal corporation, and John
entered into a Stipulation of Settlement in order to avoid continued
litigation and additional costs for a final determination of benefit.
WHEREAS, the City and John have agreed to a reassessment of parcel, PIN
25-29-22-33-0070, in the amount of 56,188.44, said amounts represent the
following:
Street/BIT Path/Sidewalk S 711.94
Storm Sewer (C/Rh/Sc/Dr/M) 55,476.50
The following assessments in the amount of 512,212.78 are canceled
with respect to PIN No. 25-29-22-33-0070:
Water Main 55,936.10
Water Service (6") 1,848.08
Sanitary Sewer 742.50
Sanitary Sewer Main 3,686.10
WHEREAS, the City and John have agreed to a reassessment of parcel, PIN
25-29-22-33-0071, in the amount of 52,195.70, said amounts represent the
following:
Street/BIT Path/Sidewalk S 215.70
Storm Sewer 55,476.50
The following assessments are canceled in the amount of 52,871.71
with respect to PIN No. 25-29-22-33-0071:
Water Main 51,798.50
Water Service (1") 1,073.21
WHEREAS, John has waived, through Stipulation, the requirements for
notice and hearing pursuant to Minn. Stat §429.701, Subd. 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood,
Minnesota, as follows:
1) The City and John have agreed to a reassessment of parcel, PIN
25-29-22-33-0070 in the amount of 56,188.44 said amounts
represent the following:
Street/BIT Path/Sidewalk S 711.94
Storm Sewer (C/Rh/Sc/Dr/M) 5,476.50
The following assessments in the amount of 512,212.78 are
canceled with respect to .PIN No. 25-29-22-33-0070:
Water Main 55,936.10
Water Service (6") 1,848.08
Sanitary Sewer 742.50
Sanitary Sewer Main 3,686.10
4 5-10-93
2) The City and John have agreed to a reassessment of parcel, PIN 25-
29-22-33-0071, in the amount of 52,195.70, said amounts represent
the following:
Street/BIT Path/Sidewalk S 215.70
Storm Sewer 55,476.50
The following assessments are canceled in the amount of
52,871.7T with respect to PIN No. 25-29-22-33-0071:
Water Main 51,798.50
Water Service (1") 1,073.21
Seconded by Councilmember Carlson Ayes - all
6. PUBLIC HEARINGS
1. 7:00 P.M.: Tax-Exempt Financing - Mounds Park Academy..
a. Mayor Bastian convened the meeting for a public hearing regarding tax
exempt financing for an expansion and remodeling project at Mounds Park
Academy.
b. Manager McGuire presented the staff report.
_ c. Director of Community Development Olson presented the specifics of the
report.
d. City Attorney Kelly explained the procedure for public hearings.
e. Mayor Bastian opened the public hearing, calling fear proponents or
opponents. The following persons were heard:
.Jeanne Ewald, 1744 Ruth
David Moeckel, 1722 Ruth
The resident of 1736 Ruth
Ed Vitek, 2587 Upper Afton Road
f. Mayor Bastian closed the public hearing.
Time Extension for Conditional Use Permit
g. Councilmember Zappa moved to aoorove the time extension for the
conditional use permit at Mounds Park Academy.
Seconded by Councilmember Carlson Ayes - ail
Tax Exempt Bond Financing to Remodel and Expand Mounds Park Academy
h. Councilmember Zappa introduced the following Resolution and moved its
adootion•
93-05-64
RESOLUTION RECITING A PROPOSAL fOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT,
GIYING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO
THE MINNESOTA STATUTES, SECTION 469.154,
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT
TO THE COMMISSIONER OF THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
OF THE STATE. OF MINNESOTA,
AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH THE PROJECT
5 5-10-93
(a) WHEREAS, the purpose of Minnesota Statutes, Sections 460.152
through 469.165, relating to municipal industrial development
(the "Act"), as found and determined by the legislature, is to
promote the welfare of the state by the active attraction and
encouragement and development of economically sound industry and
commerce to prevent so far as possible the emergence of blighted
and marginal lands and areas of chronic unemployment; and
(b) WHEREAS, factors necessitating the active promotion and development
of economically sound industry and commerce are the increasing
concentration of population in the metropolitan areas and the
rapidly rising increase in the amount and cost of governmental
services required to meet the needs of the increased population and
the need for development of land use which will provide an adequate
tax base to finance these increased costs and access to employment
opportunities for such population; and
(c) WHEREAS, the City Council of the city of Maplewood, Minnesota
(the "City"), has received from Mounds Park Academy (the
"Company"), a proposal that the City assist in financing a
Project hereinafter described, through the issuance of a Revenue
Bond or Bonds or a Revenue Note or Notes (hereinafter referred
to in this Resolution as "Revenue Bonds") pursuant to the Act;
and
(d) WHEREAS, the City desires to facilitate the selective
development of the community, retain and improve the tax base
and help to provide the range of services and employment
opportunities required by the population; and the Project will
assist the City in achieving those objectives; the Project will
help to increase assessed valuation of the City and help
maintain a positive relationship between assessed valuation and
debt and enhance the image and reputation of the community; and
(e) WHEREAS, the Company is currently engaged in the operation of a
fully accredited independent day school offering. a college
preparatory program to students in kindergarten through grade
12; and the Project to be financed by the Revenue Bonds is the
renovation (fire and handicapped code compliance) and an
approximately 20,340 square foot expansion of the existing
school building located at 2051 East Larpenteur Avenue in the
City and consists of the acquisition of 2.85 acres of an
adjacent site, a parking lot and administration building and the
construction of buildings and improvements thereon and the
installation of equipment therein, all to be constructed
pursuant to the Company's specifications and to be initially
owned and operated by the Company (the "Project")m and will
result in the employment of additional persons to work within
the new facilities; and
(f) WHEREAS, the City has been advised by representatives of the
Company that conventional, commercial financing to pay the
capital cost of the Project is available only on a limited basis
and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
reduced, and the Company has also advised this Council that the
Project would not be undertaken but for the availability of
industrial development bond financing; and
(g) WHEREAS, a public hearing on the Project was held on May 10,
6 5-10-93
1993, after notice was published and materials made available
_ for public inspection at the City Hall, all as required by
Section 469.154, Subdivision 4, of the Act, at which public
hearing all those appearing who desired to speak were heard and
written comments were accepted; and
(h) WHEREAS, no public official of the city has either a direct or
indirect financial interest in the project nor will any public
official either directly or indirectly benefit financially from
the Project:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
1. The Council hereby given preliminary approval to the proposal of
the Company that the City undertake the Project pursuant to a
revenue agreement between the City and Company containing such
terms and conditions (with provisions for revision from time to
time as necessary) as may be necessary to produce income and
revenues sufficient to pay, when due, the principal of and
interest on the Revenue Bonds in the maximum aggregate principal
amount of 53,400,000, to be issued pursuant to the Act to
finance the renovation, acquisition, construction and equipping
_ of the Project. Said revenue agreement may also provide for the
entire interest of the company therein to be mortgaged to the
purchaser of the Revenue Bonds. The City hereby undertakes
preliminarily to issue its Revenue Bonds in accordance with such
terms and conditions.
2. On the basis of information available to this Council it
appears, and the Council hereby finds, that the project .
constitutes properties, real and personal, used or useful in
connection with one or more revenue. producing enterprises
engaged in any business within the meaning of Subdivision 2(b)
of Section 469.153 of the Act; that the Project furthers the
purposes stated in Section 469.152 of the Act; that the Project
would not be undertaken but for the availability of industrial
development bond financing under the Act and the willingness of
_ the City to furnish such financing; and that the effect of the
Project, if undertaken, will be to encourage the development of
economically sound industry and commerce, to assist in the
prevention of the emergence of blighted and marginal land, to
help prevent chronic unemployment, to help the City retain and
improve the tax base and to provide the range of service and
employment opportunities required by the popul=ation, to help
prevent the movement of talented .and educated persons out of the
State and to areas within the State where their services may not
be as effectively used, to promote more intensive development
and use of land within the City, and eventually to increase the
tax base of the community.
3. The Project is hereby given preliminary approval by the City
subject to the approval of the Project by the Commissioner of
the Department of Trade and Economic Development or such other
state officer having authority to grant approval (the
"Commissioner"), and subject to final approval by this Council,
the Company, and the purchaser of the Revenue Bonds as to the
ultimate details of the financing of the Project.
4. In accordance with Subdivision 3 of Section 469.154 of the Act,
the Mayor or Clerk of the City is hereby authorized and directed
7 5-10-93
to submit the proposal for the Project to the Commissioner
requesting his approval, and other officers, employees and
agents of the City are hereby authorized to provide the
Commissioner with such preliminary information as he may
require.
5. The Company has agreed and it is hereby determined that any and
all costs incurred by the City in connection with the financing
of the Project, whether or not the Project is carried to
completion and whether or not approved by the Commissioner, will
by paid by the Company.
6. Briggs and Morgan, Professional Association, acting as bond
counsel, is authorized to assist in the preparation and review
of necessary documents relating to the Project, to consult with
the City Attorney, the Company and the purchaser of the Revenue
_ Bonds as to the maturities, interest rates and other terms and
provisions of the Revenue Bonds and as to the covenants and
other provisions of the necessary documents, and to submit such
documents to the Council for final approval.
7. Nothing in this Resolution or in the documents prepared pursuant
hereto shall authorize the expenditure of any municipal funds on
the Project other than the revenues derived from the Project or
otherwise granted to the City for this purpose. The Revenue
Bonds shall not constitute a charge, lien or encumbrance, legal
or equitable, upon any property or funds of the city except the
revenue and proceeds pledged to the payment thereof, nor shall
the City be subject to any liability thereon. The holder of the
Revenue Bonds shall never have the right to compel any exercise
of the taxing power of the City to pay the outstanding principal
of the Revenue Bonds or the interest thereon, or to enforce
payment thereof against any property of the City. The Revenue
Bonds shall recite in substance that the Revenue Bonds,
including interest thereon, are payable solely from the revenue
and proceeds pledged to the payment thereof. The Revenue Bonds
shall not constitute a debt of the City within the meaning of
any constitutional or statutory limitation.
8. In anticipation of the approval by the Commissioner and the
issuance of the Revenue Bonds to finance all or a portion of the
_ Project, and in anticipation that the City will procure and
devote to the Revenue Bonds an adequate allocation of authority
to issue private activity bonds (which allocation is not made
hereby), and in order that completion of the Project will not be
unduly delayed when approved, the Company is hereby authorized
to make such expenditures and advances toward payment of that
portion of the costs of the Project to be financed from the
proceeds of the Revenue Bonds as the Company considers
necessary, including the use of interim, short-term financing,
subject to reimbursement from the proceeds of the Revenue Bonds
if and when delivered but otherwise without liability on the
part of the City.
9. The actions of .City Staff in causing the notice of public
hearing to be published in the Maplewood Review are hereby
ratified, confirmed and adopted.
10. The Company shall enter into various agreements with the City
which shall impose the following restrictions on the Company and
the Project:
8 5-10-93
(a) Construction must begin by May 10, 1994. The City
Council may-grant a time extension if just cause is
- shown.
(b) Contracts entered into with contractors doing work on
the Project shall provide that:
i) the contractor shall not discriminate in the
hiring or firing of employees on the basis of
race, color, creed, religion, national origin,
se, marital status, status with regard to
public assistance, disability or age.
ii) the contractor shall compensate employees with
wages and financial remuneration as provided
under the United States Code, Section 276A, as
amended through June 23, 1986, and under
Minnesota Statutes 1985, Sections 177.41-
177.44.
iii)the contractor shall be required to employ
Minnesota residents in at least 80% of the jobs
created by the project; and, at least 60% of
the group shall be residents of the seven-
county metropolitan area. Resident status
under both of the above categories shall be
determined as of the date of this Resolution.
However, if the contractor can show that these
quotas are not feasible because of a shortage
of qualified personnel in specific skills, the
contractor may request the City Council for a
release from the two residency requirements.
The requirements shall continue for the
duration of the construction project.
iv) the contractor shall be an active participant
in a State of Minnesota apprentice program,
approved by the Department of Labor and
Industry.
v) all provisions of these tax-exempt finance
requirements shall apply to all subcontractors
working on the Project.
(c) The Company shall pay an administrative fee to the City
of 524,500 at closing.
(d) The Company shall co~+ply with the City's tax-exempt
revenue requirements, including the optional design
requirements.
Seconded by Councilmember Carlson Ayes - all
2. 7:15 P.M. (7:54 P.M.): Pedro Addition
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal by Mr. Carl Pedro, Jr. to develop lots for four homes on a 2.13
acre site between"=~0 and 728 Viking Drive.
b. Manager McGuire presented the staff report.
9 5-10-93
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Anitzberger presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Carl Peterson, Carl Peterson & Associates
Alan Kretman, 2233 Kenwood Court
Cart Pedro, the applicant
Les Axdahl, 2209 Payne Avenue
f. Mayor Bastian closed the public hearing.
Preliminary Plat
g. Councilmember Zappa moved to aoorove the Pedro Addition Preliminarv Plat
with the following conditions:
The developer must:
1) Obtain the City Engineer's approval of final construction and
engineering plans. These plans shall include the grading,
drainage. and erosion control plans. These plans shall meet the
following conditions:
a) The erosion control plan shall be consistent with the
Ramsey Soil and Water Conservation District Erosion
Control Handbook.
b) The developer shall only grade the land that he needs to
construct the home pads and meet drainage requirements.
2) Sign a developer's agreement with the City that guarantees that
the developer will:
a) Install permanent signs around the wetlands drainage
easement. The signs shall state that there shall be no
mowing, vegetation cutting, filling or the dumping of
lawn waste.
b) Install survey monuments along the wetlands drainage
easement.
3) Change the drainage easement on Lot 4 to include the land with
an elevation of 881 or below. The easement shalt be subject to
the City Engineer's. approval.
4) Give the city recordable easements for Lots 3 and 4. These
easements shall prohibit any mowing, cutting, filling or
dumping, including yard waste, within the wetlands drainage
easement.
5) Show the wetland boundaries on the plat.
6) Get a permit, if required, to put a driveway opening in the
guard rail on Viking Drive for Lot 3.
If the developer decides to final plat part of the preliminary plat,
the City may waive any conditions that do not apply to the final
plat.
10 5-10-93
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
Front Yard Setback Variances
h. Councilmember Zappa introduced the following Resolution and moved its
adoption:
93-05-65
VARIANCE RESOLUTION - FRONT YARD SETBACK
WHEREAS, Carl Pedro, Jr. applied for a variance from the zoning
ordinance.
WHEREAS, this variance applies to Lots 1-3, Block One, Pedro Addition.
WHEREAS, Section 36-70 of the Maplewood Code of Ordinances requires a
front yard setback of at least thirty feet.
WHEREAS, the history of this variance is as follows:
1. On May 3, 1993, the Planning Commission recommended that the
City Council approve this variance.
2. The City Council held a public hearing on May 10, 1993. 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. The variances are due to circumstances unique to the property
that the owner did not cause.
2. The variances would not change the neighborhood's character.
3. The variances would meet the ordinance's intent, since the
variances would allow the new homes to have setbacks consistent
with the other homes on Viking Drive.
Seconded by Councilmember Carlson ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
Zoning Map Change
i. Councilmember Zappa introduced the following Resolution and moved its
adoption•
11 5-10-93
93-05-66
ZONING MAP CHANGE - F TO R-1
WHEREAS, the Director of Community Development is proposing that the
City change the zoning map from F (farm residential) to R-1 (single
dwellings).
WHEREAS, this change applies to the properties located on the south side
of Viking Drive, east of Payne Avenue (680 through 722 Viking Drive). The
legal descriptions of these properties are:
The west 75 feet of the east 229.76 feet MOL of the north 487.37
feet MOL of the SW 1/4 if the SE 1/4 (subject to highway and
easements) in Section 8, Township 29, Range 22; and
Except the west 75 feet; the east 229.76 feet MOL of the north
487.94 feet MOL of the SW 1/4 of the SE 1/4 and the west 132.03 feet
MOL of the north 487.94 feet MOL of the SE 1/4 of the SE 1/4
(subject to highway and easements) in Section S, Township 29, Range
22; and
Except the west 132.03 feet and except the east 150 feet, the west
496.89 feet MOL of the north 487.94 feet MOL of the SE i/4 (subject
to highway and easements) in Section 8, Township 29, Range 22.
WHEREAS, the history of this variance~is as follows:
1. On May 3, 1993, the Planning Commission recommended that the
City Council approve the change.
2. The City Council held a public hearing on May 10, 1993. City
staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners. 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.
Seconded by Councilmember Carlson ayes - all
H. AWARD OF BIDS
1. Skid-Steer Loader
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
12 5-10-93
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
d. Councilmember Zappa introduced the following Resolution and moved its
adootion•
93-05-67
AWARD OF BID - SKID-STEER LOADER
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Tri-State Bobcat, Inc. in the amount of 538,302.73 is the lowest
responsible bid for furnishing one (1) skid-steer loader and accessories 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.
Seconded by Councilmember Carlson Ayes - all
I. UNFINISHED BUSINESS
1. Round Up For The Environment
a. Manager McGuire presented the staff report.
b. Park and Recreation Director Odegard and City Clerk Aurelius presented
the specifics of the report.
c. Councilmember Carlson moved to accent the staff recommendation and defer
action on this item until further discussions are held regarding billing
for water.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmember
Carlson
Nays - Councitmembers Juker, Zappa
Abstain - Councilmember Rossbach
MOTION FAILED
J. NEW BUSINESS
1. Ramsey County Correctional Facility
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 were heard:
Joan Fabian, Director of Ramsey County Corrections
James Bruton, Superintendent of the County Correctional Facility
d. Councilmember Zappa moved to direct staff to send a letter to Chief
Judge of the Ramsev Countv District Court and the 8 Maplewood
legislators voicing suooort of the endeavors of the Ramsev Countv
correctional authorities.
Seconded by Councilmember Juker Ayes - all
13 5-10-93
2. Stop Sign Requests
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 were heard:
Sandra Dickie, 1742 Frank (Against)
Mary Geisenhoff, 1101 Ripley (for)
Susan Brain, 1221 Ripley Avenue (For)
Wayne Dunshee, 1053 Gordon (Against)
Lisa Varige, 1254 Ripley (For)
Resident of 1069 Gordon (Against)
Jerry Wegwerth, 1772 Frank (Against)
d. Councilmember Zappa moved to install a 3-wav stop sign for west-bound
traffic on Riolev at Phalen Place.
MOTION DIED FOR LACK OF SECOND
e. Councilmember Juker moved to reinstate the 4-wav stop Sion at Riplev and
Phalen Place.
COUNCILMEMBER JOKER WITHDREN THE MOTION
f. Councilmember Zappa moved to take no action on the stop sign request.
Seconded by Councilmember Carlson
g. Councilmember Juker moved to table for 2 weeks for further information
about traffic flow and where existing stop signs are.
Seconded by Councilmember Rossbach Ayes - Councilmembers Rossbach, Juker
Nays - Mayor Bastian, Councilmembers
Carlson, Zappa
MOTION FAILED
VOTE TAKEN ON PREVIOUS MOTION: Ayes - Councilmembers Carlson, Zappa
Nays = Mayor Bastian, Councilmembers
Juker, Rossbach
MOTION FAILED
h. Mayor Bastian moved to olace a stop sign at Riplev and Duluth.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
14 5-10-93
i. Mayor Bastian moved to reconsider the vote.
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
Juker, Rossbach
Nays - Councilmembers Carlson, Zappa
j. Councilmember Rossbach moved to table for two weeks.
Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers
Juker, Rossbach
Nays - Councilmembers Carlson, Zappa
k. Councilmember Juker moved to obtain an area mao showing the existing
stoo sign.
Seconded by Councilmember Rossbach Ayes - Councilmembers Juker, Rossbach
Nays - Mayor Bastian, Councilmembers
Carlson, Zappa
Councilmember Juker moved to waive the Rules of Procedure and hear L-1 at this time.
Seconded by Councilmember Carlson Ayes - all
*OUNCIL PRESENTATIONS:
1. Reconsideration - Beam and Matter
a. Councilmember Juker moved to reconsider the vote on the change orders
for Beam and Walter Street.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
Councilmember Zappa moved to recess the meeting until 4:30 P.M.. Mav 13, 1993
Seconded by Councilmember Carlson Ayes - all
Meeting recessed at 10:46 P.M.
15 5-10-93
4:30 P.M., Thursday, May 13, 1993 .
Council Chambers, Municipal Building..
Meeting No. 93-i1 - Continued
A. CALL TO ORDER
The continuation of a regular meeting of the City Council of Maplewood, Minnesota was held
in the Council Chambers, Municipal Building, and was called to order at 4:32 P.M. by Mayor
Bastian.
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 - Continued
3. Arcade and Parkway - No Right Turn on Red Request
a. Acting Manager Haider presented the staff report.
b. Councilmember Zappa moved to accent staff recommendation and endorse the
request for a "No Right Turn On Red" sign on southbound Arcade at
Parkwa Drive.
Seconded by Councilmember Juker Ayes - all
4. Ma11 Area Traffic
a. Acting Manager Haider presented the staff report.
b. Councilmember Zappa moved to direct staff to bring back information on
costs which would be incurred for this pro.iect.
Seconded by Councilmember Juker Ayes - all
5. Community Center Change Orders
a. Acting Manager Haider presented the staff report.
b. Mayor Bastian introduced the following Resolution and moved its
adootion•
93-05-68
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
the construction of a City-owned community center, Community Center Project,
and has let a contract with F. M. Frattalone Excavating for the site
clearing; and
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WHEREAS, it is now necessary and expedient that sail intract be
modified and designated as Community Center Project Site Ct ;ng Change
Order 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF h9APLEW00D,
MINNESOTA that the Mayor and City Clerk are hereby authorized and directed
to modify the existing contract by executing said Change Order l in the
amount of S(763.00).
The contract is amended to 582,857.00 per the following detail:
Original Contract 583,620.00
Change Order 1 j763.00)
Amended Contract 582,857.00
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
c. Councilmember Carlson moved to establish a committee of two.
_ Councilmembers Rossbach and Zaooa. to review and anorove change orders
with amounts between the 515.000 and 350.000, !~~?th anv chance orders
under S15 000 being aaoroved by the Citv Manager as authorized and anv
change orders over 350.000 requiring a vote of Council.
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
6. Kennel Permits/Dog Licenses
a. Acting Manager Haider presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Councilmember Zappa moved to direct staff to review the entire
Ordinance eliminate Kennel permits. and limit the number of dogs
allowed to two per household.
COUNCILMEMBER ZAPPA WITHDREW THE MOTION
d. Councilmember Zappa moved to limit the number of dogs allowed at a
household to two in locations zoned as R-1. R-2. R-3 and Farm.
e. Councilmember Juker moved to direct staff to look at the entire
Ordinance and consider limiting the number of animals allowed
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
17 5-13-93
7. Amendment - Rules of Procedure
a. Acting Manager Haider presented the staff report.
b. Councilmember Zappa moved to accent staff recommendation and amend the
Rules of Procedure as follows:
1. Page 1, Section 1,B - Add Council/Manager Workshop. The
first Monday of each month, from 5 to 7 p.m., is
designated as a Council/Manager Workshop. This meeting
may be canceled by the City Manager if two or more
Councilmembers are not available, or if there is no need
for it.
2. Page 1, Section 1, C - Regular meetings shall be held in
the Council Chambers of the Maplewood City Municipal
Building, Pre-agenda and Council/Manager Workshops in
the Maplewood Room of the Maplewood Citv Municipal
Building unless there is a posted notice designating
another location.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
K. VISITOR PRESENTATIONS.
NONE
L. COUNCIL PRESENTATIONS
1. Reconsideration - Beam and Walter
This was the final item discussed at the Monday, May 10, 1993 meeting.
2. Building - South Century
a. Councilmember Juker inquired about the situation at a building on South
Century - the old auto parts store - which is not hooked up to sewer and
water.
b. Council directed staff to check on it and prepare a response.
3. Libby Property
a. Councilmember Juker asked when a report will be received on the
situation between the Libby and Valiukas properties, and whether
anything is being done to correct it.
b. Director of Community Development Olson stated a report had just been
finished and put in Council mailboxes.
18 5-13-93
4. 6ervais Avenue
a. Councilmember Carlson reported on complaints he had received regarding
the condition of Gervais Avenue from Kennard to Hazelwood.
b. Councilmember Carlson moved to direct staff to review and update the
existing feasibility study and present it to Council.
Seconded by Councilmember Zappa Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
5. School District
a. Councilmember Carlson expressed concern about the upcoming school
district referendum and the way it is being handled, the misinformation
and lack of information, etc., and proposed a meeting of officials of
the three cities and the school district to discuss the situation.
b. Mayor Bastian stated there is going to be a rally at I:00 P.M. Sunday at
the North St. Paul Community Center.
c. Councilmember Carlson moved direct staff to arrange an informational
meeting of school district and Maplewood North St. Paul and Oakdale
officials.
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Zappa
Nays - Councilmember Rossbach
6. Ramsey County Parks Turnover.
a. Councilmember Zappa moved to direct staff to obtain information
regarding when Ramsey County will be turning over Goodrich. Wakefield
and Flicek Parks to the Citv of Maplewood.
Seconded by Councilmember Carlson Ayes - all
7. Hitls and Dales
a. Councilmember Zappa moved to direct staff to bring back the ureviously
reiected feasibility study for the roadway in that area.
b. Councilmember Carlson inquired when the pavement management study would
be back on the Agenda.
c. Director of Public Works Haider reported it was expected possibly
sometime in May.
COUNCILMEMBER ZAPPA WITHDREW THE MOTION
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8. Parkway Drive i Highway 61
a. Councilmember Zappa stated he had received pictures of the property at
Parkway Drive and Highway 61, and presented them to the City Attorney
for possible use in the litigation.
9. City Garage Sale
a. Mayor Bastian commented that in the future it might be beneficial to
have a "garage sale" with all outdated or surplus paper, equipment,
furniture, tools, etc. to be combined with the Police auction.
10. Senior - Sewer Billing
a. Mayor Bastian commented he has been getting calls about-the cost to
seniors for sewer, and asked about the possibility of different rates
for them.
b. Director of Public Works Haider provided information regarding the
problems that would be encountered in trying to make changes at this
time and that it might be possible when the City takes over billing for
water.
M. ADMINISTRATIVE PRESENTATIONS
1. Rodney the Rooster
a. Director of Public Safety Collins reported on the status of the City's
litigation against the owner of the Rooster, and stated the City
Prosecutor's recommendations.
b. Councilmember Zappa moved to accent staff recommendation to authorize
legal staff to pursue a change of the ordinance and a petition to-the
Minnesota Supreme Court requesting a review of this matter.
_ Seconded by Councilmember Juker Ayes - Councitmembers Juker, Rossbach,
Zappa
Nays - Mayor Bastian, Councilmember
Carlson
N. ADJOURNMENT OF MEETING
Mayor Bastian moved to ad.iourn the meeting.
Seconded by Councilmember Zappa Ayes - all
MEETING ADJOURNED AT 5:55 P.M.
' Lucille E. Aurelius
City Clerk
20 5-13-93