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HomeMy WebLinkAbout07-26-93 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 26, 1993 Council Chambers, Municipal Building Meeting No. 93-16 ' 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. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Ju4;4.r, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present.. D. APPROVAL OF MINUTES: 1. Minutes of Council/Manager Meeting of July 8, 1993 Councilmember Zappa moved to aaarove the minutes of the July 8. 1993 Council/Manager Meeting as presented. Seconded by Councilmember Rossbach Ayes - all 2. Minutes of Special City Council Meeting of .July 8, 1993 Councilmember Zappa moved to approve the minutes of the Julv 8 1993 Special City Council Meeting as presented. Seconded by Mayor Bastian Ayes - all 3. Minutes of Meeting 93-15 (July 12, 1993) Councilmember Zappa moved to aoorove the minutes of Meeting No. 93-15 (July - 12. 1993) ashresented. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - none Abstain - Mayor Bastian E. APPROVAL OF AGENDA: Mayor Bastian moved to aoorove the Agenda as amended: L1 fire Contracts L2 Rental Housing L3 Mayor's Update Ml (J-9) Community Center Soil Correction.. Seconded by Councilmember Zappa Ayes - all 1 7-26-93 EA. APPOINTMENTS/PRESENTATIONS 1. Fulton Klinkerfues Day, July 30, 1993 a. Councilmember Zappa introduced the following Resolution and moved its adoption: PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD - WHEREAS, Mr. Fulton Klinkerfues has committed the last forty-one years - of his career to public education; and WHEREAS, for the last thirty-nine years, Mr. Klinkerfues has worked for the North St. Paul-Maplewood-Oakdale School District 622 in various positions of responsibility; and WHEREAS, following his twenty years as Assistant Principal, Mr. Klinkerfues was appointed Principal of John Glenn Middle School in 1986; and WHEREAS, Mr. Klinkerfues rose to become, at his retirement, the oldest employee in point of service in District 622; and WHEREAS, throughout his educational/instructional career, Mr. Klinkerfues has served the teaching profession in numerous ways including holding the position of President of Minnesota Education Association and President of the local MEA chapter; and WHEREAS, Mr. Klinkerfues has been honored by the University of Minnesota College of Education as its Distinguished Alumni Award Winner and the City of Maplewood Human Relations Commission in 1990 for his work in integrating handicapped students into regular mainstream education in cooperation with. School District 916. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MAPLEWOOD does hereby thank Mr. Fulton Klinkerfues for his commitment to public education; and proclaim Friday, July 30, 1993, the Fulton Klinkerfues Day in Maplewood, Minnesota; and extend the City's warmest wishes to him for _ a healthy and happy retirement. Seconded by Mayor Bastian Ayes - all b. Mr. Klinkerfues accepted the Proclamation and thanked the Council. i F. CONSENT AGENDA: Councilmember Zappa moved, seconded by Mayor Bastian: ayes - all. to aaorove the consent agenda items 1 - 4 and 6 as recommended. (Item F-5 was voted on seoaratelv.l 2 7-26-93 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: 3 529,945.09 Checks #1133 - #1191 Dated 7-1-93 thru 7-14-93 3 222.871.98 Checks #10455 - #10629 Dated 7-26-93 3 752,817.07 Total per attached voucher/check register PAYROLL: S 216,143.93 Payroll Checks #35643 thru #35848 Dated 7-16-93 S 45.764.80 Payroll Deduction Checks #35853 thru #35867 dated 7-16-93 3 261,908.73 Total Payroll 31.014.725.80 GRAND TOTAL 2. Nature Center Donations Accepted 341.00 in combined donations and 3715.00 received for copies of _ plans for the Maplewood Nature Center addition and authorized placing the total of 3756.00 in the Park Development Fund Nature Center Development Account, 403-814-316-4720. 3. final Plat: Goff's Mapleview Fourth Addition Approved the final plat for Goff's Mapleview Fourth Addition, consisting of five lots for one single and two double dwellings on the west side of Duluth Street, south of County Road C. The developer has met all of the required conditions. 4. Final Plat: Northwood Village Approved the final plat for Northwood Village by Maplewood Development and Construction, Inc., consisting of 24 lots for single dwellings west of Laurie Road on Birmingham Street. The developer has met all of the required conditions. 5. Acceptance of Community Center Bid Package #1: Site Clearing Moved and voted on separately after item 6. 6. 934 Evar Street Accepted the report, as previously requested, on conditions at 934 Evar Street. 5. Acceptance of Community Center Bid Package #1: Site Clearing Acceptance of Bid Package #1 (clearing and grubbing of the Community Center site) as complete and authorization for final payment to F. M. Frattalone in the amount of 38,285.70. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker 3 7-26-93 G. PUBLIC HEARINGS 1. 7:00 P. M. (7:11 P.M.): Real Estate Sign Ordinance a. Mayor Bastian convened the meeting for a public hearing regarding a review of Subsection 36-307(12)(c) of the Real Estate Sign Ordinance. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Karen Christofferson of the St. Paul Board of Realtors explained the efforts to inform realtors about the requirements. e. City Attorney Kelly explained the procedure for public hearings. f. Acting Mayor Juker opened the public hearing, calling for proponents or opponents. No one appeared. g. Acting Mayor Juker closed the public hearing. h. Council directed Ms. Christofferson to notify Burnett Realty to remove signs promptly. No other action was taken. 2. 7:15 P.M. (7:16 P.M.): 586 Carlton Street (Kinderberry Hill):.. a. Mayor Bastian convened the meeting for a public hearing regarding a request for a Conditional Use Permit to add onto the Kinderberry Hill Child Development Center, creating a setback of less that the required 50'. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Gehrke presented the Planning Commission report. e. Boardmember Anitzberger presented the Community Design Review Board report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Janis Blumentals, Architect Mike Stroeing, 56I Ferndale Jim Imbertson, 585 Ferndale Ted Grant, associated with the day care center g. Mayor Bastian closed the public hearing. Conditional Use Permit h. Councilmember Zappa introduced the following Resolution and moved its adoption: 4 7-26-93 93-07-97 CONDITIONAL USE PERMIT RESOLUTION - SETBACK REQUIREMENT WHEREAS, Nola R. Kreml of Kinderberry Hill III applied for a conditional use permit to expand a building into a required setback. The addition would be 27'4" from the adjoining residential property line. City Code requires at least 50 feet. WHEREAS, this permit applies to 586 Carlton Street. The legal description is: Lot One, Block Two, Carlton Place, Ramsey County. WHEREAS, the history of this conditional use permit is as follows: 1. On July 6, 1993, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on July 26, 1993. The City staff published a notice in the paper and sent notices to the property owners within 350 feet. The Council gave everyone at the hearing a chance to speak and present written statements. The Council alsa 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. 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. 5 7-26-93 10. The setback would be consistent with the setbacks for surrounding properties. 11. At least 80% of the addition would be screened from property that is used or shown on the City's land use plan for residential use. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the City stamped May 25, 1993, as revised by the City. The Director of Community Development may approve minor changes and should ensure that construction does not encroach into the wetland. 2. The proposed construction must be substantially started within-one year after the Council approves this permit or the permit shalt end. The Council may grant up to one one-year extension of the permit. 3. The City Council shall review this permit in one year after completion. Seconded by Councilmember Carlson Ayes - all Design Review i. Councilmember Zappa moved to approve the plans (as revised by the Citv and stamped May 25. 1993) for buildin4 addition to Kinderberrv Hill Dav Care at 586 Carlton Street, with the orooerty owner to: 1) Provide a 15-foot setback from the front lot line for the remaining blacktop after the removal of the curb cut. (code requirement) The applicant shall sod the 15-foot setback and the adjacent boulevard. 2) Install a handicap-parking sign for each handicap-accessible parking space. 3) Screen any new roof-mounted equipment visible from streets or adjacent property. (code requirement) 4) Construct the trash dumpster enclosure as City Code requires. The enclosures must match the color of the building and have a closeable gate. The enclosure walls and gate shall extend to the ground to contain litter. The design is subject to Staff approval. (code requirement) 5) Landscape east of the trash enclosure. This landscaping is subject to Staff approval. 6) Move the FDC and the outside fire alarm to the front of the building at the southwest corner 7) Move the dumpster to the current Handicapped Parking space and relocate the Handicapped Parking. 6 7-26-93 8) Submit a cash escrow or an irrevocable letter of credit to the City for any required work that is not completed by occupancy. The amount shall be 150% of the cost of the unfinished work. The property owner shall give the Staff an agreement that will allow the City to complete any unfinished work.. Seconded by Councilmember Carlson Ayes - all 3. 7:30 P. M. (8:15 P.M): Conditional Use Permit: 2633 Stillwater Road (Carbone's Pizza) a. Mayor Bastian convened the meeting for a public hearing regarding a request for a Conditional Use Permit for a restaurant in a BC(M) zoning district. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Gehrke presented the Planning Commission report. e. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Mike Rammer, owner of the building Carl Soderbeck, 1030 Ferndale Barb Liberty, 2634 Stillwater f. Mayor Bastian closed the public hearing: g. Mayor Bastian. introduced the following Resolution and moved its adootion- 93-07-98 CONDITIONAL USE PERMIT FOR RESTAURANT IN BC(M) ZONING DISTRICT WHEREAS, Mr. Bill Everhart applied for a conditional use permit to operate a take-out/delivery restaurant in a BC(M) (business commercial modified) zoning district. WHEREAS, this permit applies to 2627-2633 Stillwater Road. The legal description is: All of Lot 27, Block 5, and-'that part of Lot 26, Block 5, Midvale Acres No.2 which lies southeasterly and southwesterly of the following described line: Beginning on the East line of Ferndale Street, 114 feet south from northwesterly line of Lot 26; thence northeasterly parallel to Said Lot line 59.06 feet; thence southeasterly to a point on southeasterly like of said lot and ,53.67 feet southwesterly from east corner of Lot 26. WHEREAS, the history of this conditional use permit is as follows: 1. On July 6 1993, the Planning Commission recommended that the City Council approve this permit. 7 7-26-93 2. The City Council held a public hearing on July 26, 1993. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council considered reports and recommendations from 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. 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. The permit is subject to the following conditions: 1. By October 31, 1993, the applicant or property owner shall: a. Install concrete curbing from the curb on Ferndale Street around the building's sign and then back to the front of the building. b. Landscape the new island with low plantings. Before planting, the City staff must approve a plan showing this landscaping. All construction shall follow the site plan City staff prepared on June 23, 1993. The Director of Community Development may approve minor changes. 2. The vacant space must be used for a take-out/delivery restaurant within one year after the City Council approves this permit or the permit shalt end. The Council may grant up to one one-year extension of the permit. g 7-26-93 3. Sweep and stripe the front parking lot to meet current City Code standards. 4. Install vinyl siding on all of 2633 Stillwater Road. The siding shall match 2627 Stillwater Road. 5. Add new window moldings on the main window. 6. By October 31, 1993, provide a 100% opaque enclosure around all trash and recycling containers. The design shall meet current City standards. 7. There shall be no cooking odors that are noticeable to adjacent residences. (Code requirement) 8. All employees shall park on the rear (north) parking lot. 9. The City Council shall review this permit in one year. 10. There shall be no game rooms or amusement devices on the premises. 11. The exterior lighting shall be on a timer. 12. There shalt be a trash container in the front of the building. Seconded by Councilmember Carlson Ayes - all N. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Hiring Park Maintenance Person I a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Odegard presented the specifics of the report. c. Councilmember Carlson moved to aoorove hiring a Park Maintenance Person I . Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmembers Juker, Zappa MOTION CARRIED 3 - 2 - 2. Motor Vehicle Repair Ordinance Update a. Manager McGuire presented the staff report. b. City Attorney Kelly presented the specifics of the report. c. Councilmember Zappa moved to direct staff to pursue strong enforcement of the Motor Vehicle Ordinance for blanket enforcement one week in Sorina and one week in Fall. 9 7-26-93 Seconded by Councilmember Rossbach Ayes - all J. NEW BUSINESS 1. Construction Agreement and Increased Front Setback: Sterling St., South of Carver Ave. (Korfs) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Commissioner Gehrke presented the Planning Commission report. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Rodney and Susan Korf e. Councilmember Zappa introduced the following Resolution and moved its adoption: 93-07-99 CONSTRUCTION AGREEMENT RESOLUTION WHEREAS, Rodney and Susan Korf are asking that the City approve an agreement to build a house on a lot that does not front on a street. WHEREAS, the legal description of the property is: The South Half of the East Three-Quarters of the North Half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 28, Range 22, Ramsey County, Minnesota; except the North 35 feet of the West 140 feet thereof; also the East 140 feet of the South 35 feet of the North Half of the East Three-Quarters of the North half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 28, Range 22. Together with; A perpetual easement 12 feet in width for ingress and - egress over, under and across the West Quarter of the North Half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 28, Range 22, Ramsey County, Minnesota. The centerline of said easement being described as beginning at a point on the West line of said Southeast Quarter distant 352.68 feet South from the Northwest corner thereof; said West line is assumed to bear South 0 degrees 39 minutes 58 seconds East; thence North 89 degrees 19 minutes 08 seconds East 155.30 feet; thence South 85 degrees 26 minutes O1 seconds East 172.47 feet to the East line of said West Quarter of the North Half of the Northwest Quarter of the Southeast Quarter of said Section 24 and there terminating, according to the United States Government Survey thereof, Ramsey County, Minnesota. WHEREAS, Section 9-1 of the Maplewood Code of Ordinances requires lots to front on a publicly dedicated and maintained street. WHEREAS, the above-described dwelling would not front on a publicly- maintained street. 10 7-26-93 1. The Planning Commission discussed this request on July 6, 1993. They recommended that the City Council approve the request. 2. The City Council discussed this request on July 26, 1993. The Council gave everyone at the meeting a chance 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 allow the construction of a house on the above-described lot because: 1. This situation is unusual. 2. .The property owner did not cause the existing conditions. 3. The drive and one home would not alter the essential character of the neighborhood. 4. The City has approved other homes on private drives. The property owners shall do the following before the Gity issues a building permit: 1. Record an agreement against the property that: a. Requires that the property owner maintain, plow and sand the driveway to the satisfaction of the Director of Public Safety. b. Holds the City harmless if an emergency vehicle cannot get to the house because of the condition or steepness of the driveway. The City Attorney shall draft this agreement. 2. Give the City Engineer a grading, drainage and erosion control plan for the proposed house and driveway. The driveway must be an all-weather surface, at least twelve feet wide, to meet the Fire Code. The house location must meet the requirements of the City's environmental protection ordinance for steep slopes. The City shall not issue a building permit unless the City Engineer and the Fire Marshal approve this plan. All construction must be according to this plan. 3. Install a sign at Sterling Street and the driveway that states the address of the house and that the drive is private. Seconded by Councilmember Carlson Ayes - all f. Councilmember Zappa moved to direct staff to investigate the property surrounding the Korf's area to see what can be done in the future. Seconded by Councilmember Rossbach Ayes - all. 11 7-26-93 2. Sign P1 an Change: Birch Run Station - 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: Bob Pounds, Birch Run Station d. Councilmember Zappa moved to denv the request by Welsh Co. to chance the Birch Run Station sign plan. MOTION FAILED FOR LACK OF A SECOND e. Councilmember Rossbach moved to approve changing Condition Four of the Birch Run Station sign criteria to read as follows: 4. Tenants shall be limited to one sign on the front fascia of the canopy. These signs shall be neon or constructed of individual letters, mounted on a raceway. Copy height shall not exceed 42 inches. Signs shall not be closer than 18 inches to either side of the tenant's store front. This criteria allows an exception for the Famous Footwear sign to be eight inches from the right side of the store's edge. A future sign for the tenant to the north must be at least three feet from the Famous footwear sign. When the Famous Footwear sign is removed, anew sign shall be at least ten inches from either side of the gable facade. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 3. Signs for Parks a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Odegard 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: Jeanne Ewald, Park and Recreation Commission d. Mayor Bastian moved to authorize the ourchase of 40 new Dark signs and posts with funding not to exceed 54.000 from Commercial PAC funds. The signs shall read: 12 7-26-93 WELCOME TO THE PARKS OF MAPLEWOOD PARK RULES 1. Parks 'are open from 1/2 hour before sunrise to l/2 hour after sunset, except by permit or City scheduled. activity. (Ord. Sec. 21-2) 2. Vehicles may be in parking lots only when parks are' open. (Ord. Sec. 21-2) 3. Pets must be on a leash. Person in control of pet must clean up any feces. (Up to 5200 Fine) (Ord. Sec. 7-52; Sec. 7-146) 4. Noise and nuisance ordinances in effect. (Ord. Sec. 19) 5. City ordinances enforced. (SYMBOLS SHOWING SNOWMOBILING, MOTORIZED _ VEHICLES AND GOLFING ARE PROHIBITED) BE CONSIDERATE OF OTHERS PLEASE USE THE TRASH RECEPTACLES Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 4. Commercial Property Study a. Manager McGuire presented the staff report. b. Councilmember Carlson moved to table this item to a Council/Manager meeting. Seconded by Councilmember Juker Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian 5. Ordinance - Building Plan Review Procedure (2nd Reading) a. Manager McGuire presented the staff report. b. Mayor Bastian introduced the following Ordinance and moved its adoption: 13 7-26-93 ORDINANCE N0. 712 AN ORDINANCE CHANGING THE PROCEDURE FOR REVIEW OF BUILDING PLANS The Maplewood City Council approves the following ordinance: Section 35-65. Approval of Plans. (a) The City shall not issue a building permit for minor _ construction plans unless the Director of Community Development approves the plans. The Director shall also review plans for single dwellings, where required by Code. The City Council shall define minor construction by dollar valuations set by resolution. Before approving the plans, the Director must determine that the plans meet all City ordinances and policies, including the design standards in Section 25-70(b). The Director may send any minor construction plan to the Community Design Review Board. The Director shall send a copy of all approved plans to the City Council. For setback changes, the Director shall also send a written notice and plan to the adjacent property owners. This notice shall advise the owners of their right to appeal the Director's decisions. (b) Only a City Council member, Community Design Review Board member or an applicant may appeal the Director's decision about a minor construction project. Only a City Council member, an applicant or an adjacent property owner may appeal the Director's decision about a single dwelling. The Director shall send a appeal about a single dwelling to the City Council. The Director shall notify the applicant and the adjacent property owners of the meeting. The affected parties may waive their right to an appeal by informing the Director of Community Development. An appeal must be received by the Director of Community Development- within fifteen (15) days after the Director sends a copy of the approved plan to the City Council. The Director shall send an appeal of a minor construction project to the Community Design Review Board. The Board's decision shall be final, unless someone appeals it to the City Council within fifteen (15) days after the Board's decision. _ (c) The City shall not issue a building permit for a major construction project unless the Community Design Review Board approves the plans. Major construction includes projects not defined as minor construction, but does not include single dwellings. The Board's decision shall be final, unless someone appeals it to the City Council within fifteen (15) days after the Board's decision. However, no person shall revise a plan that the City Council originally approved without their approval. (d) This section shall not apply to interior construction, repair, maintenance, underground tanks, administrative variances or the same-style replacement of building parts, such as a new roof, door or windows. (See Article VI for administrative variance procedures.) 14 7-26-93 Section 2. This ordinance shall take effect after the City Council approves it. Seconded by Councilmember Zappa Ayes - all 6. Park Development - "Systems Account" a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Odegard presented the specifics of the report. c. Councilmember Carlson moved to authorize E52.725 from the PAC Commercial Fund for "System Development" items in the Park Development Fund. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Rossbach, Zappa Nays - Mayor Bastian, Councilmember Juker d. Council directed staff to pursue ownership of Flicek, Goodrich and Wakefield Parks from Ramsey County. 7. Preliminary Approval of 1993 Refunding Bonds, Community Center Bonds and Equipment Certificates a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Councilmember Zappa moved to hold a special Council meeting at 4:30 P.M. on August 26. 1993 for a bid award on the 1993 bond issues. Seconded by Councilmember Carlson Ayes - all d. Mayor Bastian introduced the following Resolution and moved its adootion• 93 - 07 - 100 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF 6215,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 1993A A. WHEREAS, the City Council of the City of Maplewood, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's 6215,000 General Obligation Equipment Certificates, Series 1993A (the "Certificates"), to purchase equipment for various City Departments; and 15 7-26-93 B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Certificates and is therefore authorized to sell the Certificates by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization: Findings. The Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Certificates. 2. Meeting: Bid Ooening. The Council shalt meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of the Certificates. The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Certificates and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Certificates and to execute and deliver i t on behal f of the City upon i is completion. Seconded by Councilmember Zappa Ayes - all e. Mayor Bastian introduced the following Resolution and moved its adoption: 93 - 07 - 101 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF X8,190,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 19938 A. WHEREAS, the City Council of the City of Maplewood, Minnesota, has heretofore determined that it is necessary and expedient tg issue the City's x8,190,000 General Obligation Tax Increment Bonds, Series 19938 (the "Bonds"), to finance the construction of a community center; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 16 7-26-93 1. Authorization: Findings.. The Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting: Bid Opening. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sate of the Bonds. The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Zappa Ayes - all f. Mayor Bastian introduced the following Resolution and moved its adootion• 93 - 07 - 102 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF 54,840,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993C A. WHEREAS, the City Council of the City of Maplewood, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's 54,840,000 General Obligation Improvement Refunding Bonds, Series 1993C (the "Bonds"), to refund the 1999 through 2010 - maturities of the City's General Obligation Improvement Bonds, Series 1990, dated December 1, 1990 and the 1996 through 2009 maturities of the City's General Obligation Improvement Bonds of 1989, dated November 1, 1989, and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, - Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization: Findings.. The Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 17 7-26-93 2. Meeting: Bid Ooenin4. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of the Bonds. The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the."Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds and to _ execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Zappa Ayes - all 8. Open Space Preservation a. Manager McGuire presented the staff report. b. Council directed staff to research whether there could be a stipulation that property designated as open space could be sold with a unanimous vote. 9. Community Center Soil Correction a. Manager McGuire presented the staff report. b. Councilmember Carlson introduced the following Resolution and moved its adootion• 93 - 07 - 103 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 Steininger Construction for the grading and soils corrections; and WHEREAS, the soils engineer has found unsuitable soils for safe and proper foundation and support for the building; and WHEREAS, the contract with Steininger Construction contains unit prices for removal/on-site disposal of poor soils (Unit Price #1) and the import of clean fill (Unit Price #4); and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Community Center Project Grading and Soils Corrections Change Order 1 to allow the recommended soils corrections. 18 7-26-93 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 an amount not to exceed 5100,000. The contract is amended not exceed 5224,000 per the following detail: Original Contract 5124,000 Change Order 1 Not to exceed 100.000 Amended Contract Not to exceed 5224,000 AND IN ADDITION, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that on behalf of the City Council, the Change Order Review Committee is authorized to modify the existing amended contract by executing Change Order #2 which would modify the contract by an additional 550,000 in excess of Change Order 1 if necessary for the purpose of further soils correction. The contract could be amended not to exceed 5274,000 per the following detail: Original Contract 5124,000 Change Order 1 100,000 Change Order 2 Not to exceed 50.000 Amended Contract Not to exceed 5274,000 Seconded by Councilmember Zappa Ayes - all K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS NONE M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 10:35 P.M. Lucille E. Aurelius City Clerk 19 7-26-93