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HomeMy WebLinkAbout07-12-93 MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 12, 1993 Council Chambers, Municipal Building Meeting No. 93-15 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. Acting Mayor Juker made an announcement regarding final arrangements for Tom Hagen, former Deputy Chief of the Maplewood Police Department, and extended the City's condolences to his family and friends. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Absent Frances L. Juker, Acting Mayor Present Dale H. Carlson, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 93-14 (June 28, 1993) Councilmember Zappa moved to aoorove the minutes of Meetino No. 93-14 (June 28. 1993) as presented. Seconded by Councilmember Rossbach Ayes - all E. APPROVAL OF AGENDA: Councilmember Carlson moved to approve the Agenda as amended: L 1 Highway 61 and County Road C L 2 Bicycle Patrol L 3 Engineering Division Revenues L 4 Busses L 5 Wetlands L 6 FBI School L 7 Letters to Bill Mikiska and Bob Bade J 9 White Bear Avenue Construction J10 Attorney Client Session re Litigation Seconded by Councilmember Zappa Ayes - all 1 7-12-93 EA. APPOINTMENTS/PRESENTATIONS 1. Appointment of Numan Relations Commissioner a. Manager McGuire presented the staff report. b. Council invited Shelly Strauss to the podium to meet the Council. c. Councilmember Zappa moved to accept staff recommendation and appoint Shelly K. Strauss of 2153 Arkwright Street to fill the vacancy on the Human Relations Commission created by the resionation of Dawn Vassar. with the term to expire on December 31. 1994. Seconded by Acting Mayor Juker Ayes - all F. CONSENT AGENDA: Councilmember Zappa moved, seconded by Councilmember Carlson: ayes - all, to aoorove the consent agenda items F-1 through F-6 as recommended: 1. Approval of Ciaims Approved the following claims: ACCOUNTS PAYABLE: $ 840,411.89 Checks #1018 - #1132 Dated 6-4-93 thru 630 -93 S 92.072.45 Checks #10375 - #10436. Dated 7-12-93 ; 932,484.34 Total per attached:. voucher/check register PAYROLL: ; 213,360.26 Payroll Checks #35418 thru #35609 _ Dated 7-2-93 E 45.456.09 Payroll Deduction Checks #35614 thru #35629 dated 7-2-93 ; 258,816.35 Total Payroll 1.191.300.69 GRAND TOTAL 2. Budget Transfer Request: Personnel Costs for Cable TV Technician. Authorized a transfer of ;2,300 from the Contingency Account, 101-119-000- 4910, to the Public Relations Wages/Part-time and Temporary Account, 101- 111-000-4020, for personnel costs of cable casting the City Council meetings. This cost will be reimbursed by Ramsey/Washington Counties Suburban Cable Commission. 2 7-12-93 3. Easement Description Correction, Project 90-08 93-07-91 RESOLUTION AMENDING EASEMENT WHEREAS, the City Council of the City of Maplewood has deemed it appropriate that the easement description recorded as Document 254688 _ between Martha Kujawa, grantor, and the City of Maplewood, grantee, be amended. The erroneous description is as follows: The South five feet of Lots 27 and 28, Block 15, Gladstone The correct description is as follows: The South five feet of Lot 27, Block 15, Gladstone NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Manager accept said amended easement description. 4. Conditional Use Permit Termination: Maplewood East Shopping Center Ended the Conditional-Use Permit for a coin-operated amusement facility at the Maplewood East Shopping Center, 2950 White Bear Avenue. 5. Final Plat: Countryview Summit Approved the final plat for Countryview Summit, a 37-lot plat for single dwellings located north of Beam Avenue and west of Highway 61. 6. 934 Evar Street Accepted the status report from staff on 934 Evar Street. G. PUBLIC HEARINGS NONE H. AWARD OF BIDS 1. Bituminous Overlay a. Manager McGuire presented the staff report. b. Director of Public Works Haider responded to questions about the overlay project. c. Councilmember Zappa introduced the following Resolution and moved its adootion• 3 7-12-93 93-07-92 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Tower Asphalt in the amount of 591,422.50 is the lowest responsible bid for the construction of Bituminous Overlay, City Project 93-07, 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 Rossbach Ayes - all I. UNFINISHED BUSINESS NONE J. NEW BUSINESS 1. Sign Plan Change: Crown Plaza Shopping Center (Goodyear Tire Center) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Commissioner Anitzberger presented to Community Design Review Board opinion. d. Acting Mayor Juker asked if anyone wished to speak before the Council regarding this matter. The following was heard: Gordon Latchana, 11030 Bloomington, Manager of the Goodyear Store commented on his need for the sign. e. Councilmember Zappa moved to deny the request for an additional pylon sign, but to allow Goodyear to remove its existing 3'x14' sign at the _ top of the Crown Plaza ovlon and replacing it with a 7'x14' sign at the bottom of the same ovlon. Seconded by Counci 1 member Carl son Ayes -Actin g M a y o r J u k e r, Councilmembers Carlson, Zappa Nays - Councilmember Rossbach 2. 1745 Edgerton Street: Temporary Manufactured Home This item was removed from the Agenda at the request of the applicant. 3. Putl Tab Gambling Permit for Hill Murray Fathers Club, Inc. a. Manager McGuire presented the staff report. b. Acting Mayor Juker asked if anyone wished to speak before the Council regarding this matter. No one appeared. 4 7-12-93 c. Councilmember Zappa introduced the following Resolution and moved its adoption• 93-07-93 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for Hill Murray Fathers Club, Inc. to be located at Red Rooster Lounge, 2029 Woodlyn Avenue. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Statutes No. 349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Statutes No. 349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Rossbach Ayes - all 4. Building Ptan Review Procedure Ordinance (1st Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Zappa moved to approve first reading of the Buildino Plan Review Procedure with Option 2. requiring that the Citv notify the neighbors of a request for a different front setback. Seconded by Councilmember Rossbach Ayes - all 5. County Road C, Project 89-04: Concurrence of Award and Change Order No. i a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa introduced the following Resolution and moved its adoption: 5 7-12-93 93-07-94 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of ` Danner, Inc. is the lowest responsible bid for the construction of County Road C Improvements, City Project 89-04, and the Mayor and Clerk are hereby authorized and directed to notify"Ramsey-County that the City concurs in the award of the contract to said bidder. The project budget is amended to x762,766.87, and the project financing is amended as follows: Assessments 5167,650.00 Off-system MSA. 273,450.00 General obligation 321.666.87 - x762,766.87 Seconded by Councilmember Carlson Ayes - all: _ d. Councilmember Zappa introduced the followino Resolution and moved its adootion• - 93-07-95 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 89-04, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 89-04, Change Order 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 1 in the amount of <x43,766.87> (deduct). The project budget is amended to x719,000.00. The project financing is amended as follows: Assessments x167,650 Off-system MSA 273,450 General obligation.... 277.900 x719,000 Seconded by Councilmember Carlson Ayes - all 6. White Bear Avenue, Project 89-12: Change Order No. 4 a. Manager McGuire presented the staff report. - b. Director of Public Works Haider responded to questions about the project. 6 7-12-93 c. Councilmember Zappa introduced the following Resolution and moved its adoption: 93-07-96 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT. WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 89-12 and has let a construction contract pursuant to .Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be " modified and designated as Improvement Project 89-12 Change Order 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 4 in the amount of 54370. The project budget is amended to 532,530. The project financing is amended as follows: Sanitary sewer fund 5323,720 Ramsey County 51,530 Street Construction State Aid 59.280 5432,530 Note: Change Orders 1 through 3 did not involve the City of Maplewood Seconded by Acting Mayor Juker Ayes - all 7. Ma11 Area Traffic, Project 89-21: Budget Increase a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Carlson moved to authorize staff to engage Evergreen Land Services Company to make initial contacts and hold discussions with property owners regarding right-of-way costs and associated construction constraints relative to Mall Area Traffic. Pro.iect 89-21. and to budget an additional 52.000 to finance their work. Seconded by Councilmember Zappa Ayes - all 8. Community Center Ground Breaking Ceremony a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to hold the Community Center Ground Breaking Ceremony on August 5. 1993 at 4:00 P.M. Seconded by Councilmember Carlson Ayes - all 7 7-12-93 9. White Bear Avenue Construction - Yariance From Noise Ordinance a. Manager McGuire presented the staff report. b. Greg Belke, 269 66th Ave'. N. E., Fridley, Concrete Engineer for the contractor, stated the reasons for the request and responded to questions from the Council. c. Councilmember Zappa moved to recognize this as an emergency situation and authorize Shafer Construction to operate through the night on 2 nights during the week and until 9.00 P M on the other nights, as a variance from the Noise Ordinance and to direct staff to.notifv all the residents in the construction area. Seconded by Councilmember Carlson Ayes - all COUNCILMEMBER ZAPPA MOYED TO AMEND THE RULES OF PROCEDURE AND HEAR VISITOR PRESENTATIONS BEFORE J-10 (WHICH WILL BE A CLOSED SESSION) SECONDED BY COUNCILMEMBER CARLSON AYES - ALL K. YISITOR PRESENTATIONS NONE COUNCILMEMBER CARLSON MOVED TO RECESS THE MEETING AND MOVE INTO CLOSED SESSION TO HEAR J-10, REGARDING LITIGATION. SECONDED BY COUNCILMEMBER ZAPPA AYES - ALL ACTING MAYOR JOKER RECESSED THE MEETING AT 8:18 P.M. TO ENTER THE CLOSED SESSION. ACTING MAYOR JOKER RECONVENED THE MEETING AT 8:30 P. M. L. COUNCIL PRESENTATIONS 1. Highway 61 and County Road C a. Councilmember Zappa commented on the amount of noxious weeks growing in the area by the auto dealer and on the State property which have not been cut. b. Councilmember Zappa moved to direct staff to send letters to the grooerty owners regarding cutting the weeds. Seconded by Acting Mayor Juker Ayes - atl 8 7-12-93 2. Bicycle Patrol a. Councilmember Zappa questioned the memo Council had received regarding the Bike Patrol - how it got approved and what the cost will be. b. Director of Public Safety Collins responded to questions regarding implementation of the Bike Patrol. c. Councilmember Zappa moved to postpone action on the Bike Patrol until it can be discussed further by Council. MOTION DIED FOR LACK OF A SECOND 3. Engineering Division Revenues a. Councilmember Zappa stated he had some questions regarding the memo regarding Engineering Division Revenues and moved to place this on the Agenda for discussion at the next Council/Manager Meeting, Seconded by Acting Mayor Juker Ayes - all 4. Busses a. Councilmember Rossbach commented on the MTC hearing he attended with Director of Pubic Works Haider at which MTC proposed a reduction in service. Councilmember Rossbach questioned whether this was an item of concern that the Council should pursue. b. Councilmember Zappa stated his understanding was that the route proposed to be canceled had very little ridership and would probably not adversely affect Maplewood residents. 5. Wetlands a. Councilmember Rossbach questioned what the status was with the Open Space Committee and the proposed buffer zones, as well as the status of the Wetlands Ordinance. 6. FBI School a. Acting Mayor Juker asked whether the most recent attendant at the FBI ~ School had supplied a report regarding his training. b. Director of Public Safety Collins responded to questions regarding the training. c. Acting Mayor Juker moved to direct staff to suooly a report of the training and include information on how this trainino will benefit Maplewood. Seconded by Councilmember Carlson Ayes - all 9 7-12-93 7. Letters to-Bill Mikiska and Bob Bade a. Acting Mayor Juker commented on the letters of thanks. sent by the Director of Emergency Management to Bill Mikiska and Bob Bade. b. Acting Mayor Juker moved the Citv send letters of appreciation to Bill Mikiska and Bob Bade also. Seconded by Councilmember Zappa Ayes - all c. Councilmember Carlson stated he felt this would be a good opportunity for an article in the newspapers regarding Maplewood's cooperation with other Cities. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 8:53 P.M. Lucille E. Aurelius City Clerk 10 7-12-93