HomeMy WebLinkAbout06-13-1994 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 13, 1994
Council Chambers, Municipal Building
Meeting No. 94-12
A. PALL 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 Acting Mayor
Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W. Bastian, Mayor Absent due to his attendance at I.S.D.
622's Blue Ribbon Committee Meeting
George F. Rossbach, Acting Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
D. APPROVAL OF MINUTES
I. Minutes of Special Meeting of May 9, 1994
Councilmember Carlson moved to aoorove the minutes of Special Meeting of Mav
9. 1994 as presented.
Seconded by Councilmember Allenspach Ayes - all
2. Minutes of Meeting 94-10 (May 9, 1994)
Councilmember Carlson moved to aoorove the minutes of Meetin4 No. 94-10 (Mav
9. 1994) as corrected:
Page 19 - 9 (b)
Seconded by Councilmember Koppen Ayes - all
3. Minutes of Meeting 94-11 (May 23, 1994)
Councilmember Allenspach moved to aoorove the minutes of Meetin4 No. 94-11
(Mav 23, 1994) as corrected:
Page 15 - Remove "Gladstone".
Seconded by Councilmember Koppen Ayes - all
6-13-94 1
E. APPROVAL OF AGENDA
Councilmember Carlson moved to approve the Agenda as amended.
M-2 July Council/Manager Meeting
M-3 Closed Session "Litigation"
Seconded by Councilmember Koppen Ayes - all
EA. PRESENTATIONS
F. CONSENT AGENDA
Councilmember Carlson moved, seconded by Councilmember Koppen: aver - all,
to aoorove the consent agenda items F-1 thru F-7 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 398,020.46 Checks # 2489 - # 2580
Dated 5-12-94 thru 5-31-94
$ 184.729.93 Checks #13703- #13862
Dated 6-13-94
$ 582,750.39 Total per attached voucher/check
register
PAYROLL: $ 216,219.95 Payroll Checks #40608 thru #40778
Dated 5-20-94
$ 43.188.92 Payroll Deduction Checks # 40783 thru
#40798 dated 5-20-94
$ 217,846.79 Payroll Checks #40810 thru #40984
Dated 6-03-94
S 49.371.52 Payroll Deduction Checks # 40989 thru
#41005 dated 6-03-94
$ 526,627.18 Total Payroll
$1.109.377.57 GRAND TOTAL
2. Preliminary Plat Time Extension: Oak Ridge Estates
Approved a one-year time extension for Phases 2-4 of the Oak Ridge Estates
preliminary plat subject to the February 8, 1993 conditions.
3. Time Extension: 1522 Sherren Ave. (Ericksen)
Approved a 30-day time extension for completing the house-moving work at
1522 Sherren Avenue East.
6-13-94 2
4. CDBG Agreement
94-06-57
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Maplewood has participated in the Community
Development Block Grant program in the past and may wish to in the future;
and,
WHEREAS, the City supports the designation of Ramsey County as an
entitlement agency.
NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood approves the
joint cooperation agreement with Ramsey County.
Requested that the County Board agree to adopt a distribution system for
CDGB money that a majority of Ramsey County suburbs have approved,
CpeG
5. V.E.M. Budget Adjustment - Heavy Duty Lift
Approved authorization to advertise for bids, and to authorize a budget
adjustment of up to 350,000 from the VEM fund to the VEM budget.
6. Gambling Permit: Hill Murray Fathers Club, Inc.
94-06-58
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 Champps, 1734 Adolphus Street.
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.
7. Agreement: MN Dept. of Public Safety
94 - 06 - 58A
RESOLUTION AUTHORIZING AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
PERTAINING TO LIQUOR ENFORCEMENT
WHEREAS, it is the desire of the City Council to protect public health,
safety, and welfare through enforcement of ordinances and state statutes
pertaining to the sale of liquor; and
WHEREAS, the Minnesota Department of Public Safety, through its "Badges
in Businesses" Program will provide financial resources to the City to carry
out this enforcement.
6-13-94 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
_ Maplewood, Minnesota that the Mayor and City Manager are authorized and
hereby directed to enter an agreement with the Minnesota Department of
Public Safety to participate in its "Badges in Businesses" Program.
G. PUBLIC HEARYNGS
1. 7:00 P.M.: Legislative Update
Representative Betty McCallum - 55B
Representative Mindy Greiling - 546
Representative Mark Asch - 576
a. The above named State Representatives presented legislative updates.
b. The Council thanked them for taking an active interest in Maplewood.
2. 7:15 (7:18 P.M.) P.M.: Searle Street Storm Sewer, Project 93-14 (4 Votes)
a. Acting Mayor Rossbach convened the meeting .for a public hearing
regarding the construction of the Searle Street Storm Sewer, City
Project 93-14.
b. Manager McGuire presented the staff report.
c. City Attorney Kelly explained the procedure for public hearings.
d. Director of Public Works Haider presented the specifics of the report.
e. Acting Mayor Rossbach opened the public hearing, calling for proponents
or opponents. The following persons were heard:
Toya Farrar-Orr,. 2226 Searle Street No.
Dennis Johnson, 2223 Payne Avenue
Joy Orr, 2226 Searle Street No.
Les Axdahl, 2209 Payne Avenue
- f. Acting Mayor Rossbach closed the public hearing.
g. Councilmember Carlson introduced the followin4 Resolution and moved its
adootion•
94-06-59
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, after due notice of public hearing on the construction of the Searle
Street Storm Sewer, City Project 93-14, a hearing on said improvement in accordance
with the notice duly given was duly held on June 13, 1994, and the Council has heard
all persons desiring to be heard on the matter and has fully considered the sames
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as
follows:
6-13-94 4
i. That it is advisable, expedient and necessary that the City of Maplewood
_ construct the Searle Street Storm Sewer, City Project 93-14, as
described in the notice of hearing thereof, and orders the same to be
made.
2. The City Engineer is designated engineer for this improvement and is
hereby directed to prepare final plans and specifications for the making
of said improvement.
3. The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project.
Seconded by Councilmember Koppen Ayes - all
3. 7:30 P.M. (7:40 P.M.): Stirling St./Schaller Dr., Project 93-08 (4 Votes)
a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding the construction of street, sanitary sewer, water main, storm
drainage, and appurtenances on Sterling Street and Schaller Drive, City
Project 93-08.
b. Manager McGuire presented the staff report.
c, Director of Public Works Haider presented the specifics of the report.
d. Acting Mayor Rossbach opened the public hearing, calling for proponents
or opponents. The following persons were heard:
Al Jirovec, 2480 Linwood
Bill Dolan, representing owner of property
Kathleen Juenemann, 721 Mt. Vernon Street
Pete Rowan, 873 O'Day Street So.
Steve Quayle, 2563 Schaller Drive
Bill Finch, 2512 Schaller Drive
e. Acting Mayor Rossbach closed the public hearing.
f, Acting Mayor Rossbach introduced the following Resolution and moved its
adoption:
94-06-60
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, after due notice of public hearing ont he construction of street,
sanitary sewer, water main, storm drainage, and appurtenances on Sterling Street and
Schaller Drive, City Project 93-08, a hearing on said improvement in accordance with
the notice duly given was duly held on June 13, 1994, and the Council has heard all
persons desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as
follows:
1. That it is advisable, expedient and necessary that the City of Maplewood
construct street, sanitary sewer, water main, storm drainage, and
appurtenances on Sterling Street and Schaller Drive, City Project 93-08,
as described in the notice of hearing thereof, and orders the same to be
made.
6-13-94 5
2. The City Engineer is designated engineer for this improvement and is
hereby directed to prepare final plans and specifications for the making
of said improvement.
3. The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project.
Seconded by Councilmember Carlson Ayes - all
4. 8:00 P.M. (8:03 P.M.): Highway 61, South of Co. Rd. D (Lacktorin)
a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding a used motor vehicle sales lot.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Acting Mayor Rossbach opened the public hearing, calling for proponents
or opponents. No one was heard.
e. Acting Mayor Rossbach closed the public hearing.
Conditional Use Permit
f.- Councilmember Koppen introduced the following Resolution and moved its
adoption:
94-06-61
CONDITIONAL USE PERMIT
WHEREAS, Clarence Lacktorin applied for a conditional use permit to
develop a used motor vehicle sales lot.
_ WHEREAS, this permit applies to part of the property about 590 feet
north of 2990 Highway 61. The legal description is:
Registered Land Survey No. 262, except the south 590 feet; Tract C.
WHEREAS, the history of this conditional use permit is as follows:
1. On May 16, 1994, the Planning Commission recommended that the
City Council approve this permit.
2. On June 13, 1994, the City Council held a public hearing. 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 also considered reports and recommendations of the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
- described conditional use permit, because:
6-13-94 6
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.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the
City. The Director of Community Development may approve minor
changes, including driveway changes. The lot may be expanded to
fifty spaces with the Community Design Review Board's approval.
2. The City Council will review this permit in 90 days.
3. If there is not enough parking, the operator or property owner
shall provide more spaces. The City staff must approve a plan
before paving begins.
4. The operator shall not allow parking on Highway 6I or outside of
the parking lot.
5. The operator shall keep the weeds and tall grass cut along the
front property line.
Seconded by Acting Mayor Rossbach Ayes - Councilmembers Allenspach, Koppen,
Rossbach
Nays - Councilmember Carlson
6-13-94 7
- Sprinkler Variance
g. Councilmember Koppen introduced the following Resolution and moved its
adoption:
94-06-62
VARIANCE RESOLUTYON
WHEREAS, Clarence Lacktorin applied for a variance from the zoning ordinance.
WHEREAS, this variance applies to a part of a property that is about 590 feet
north of 2990 Highway 61. The legal description is:
Registered Land Survey No. 262, except the south 590 feet; Tract C
WHEREAS, Section 36-28(c)(9) of the Maplewood Code of Ordinances requires an
inground lawn irrigation system for all commercial development.
WHEREAS, the applicant is proposing not to install such a system.
WHEREAS, the history of this variance is as follows:
to On May 7, 1994, the Planning Commission recommended that the City
- Council approve the variance.
2. On June 13, 1994, the City Council held a public hearing. 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. Strict enforcement of the Code would cause undue hardship, because:
(a) The City is not providing this property with public water
service.
(b) Constructing a water main would be prohibitively expensive.
2. The lack of water main is a circumstance unique to the property, not
created by the applicant.
3. If the operator hand waters the landscaping, .the variance would meet the
spirit and intent of the ordinance.
Approval is subject to the property owner:
1. Replacing any required landscaping that dies.
20 Installing a lawn irrigation system when the City installs a water main
to this property.
Seconded by Acting Mayor Rossbach Ayes - Councilmembers Allenspach, Koppen,
Rossbach
Nays - Councilmember Carlson
6-13-94 8
Paving Variance
h. Councilmember Koppen introduced the followin4 Resolution and moved its
adoption:
94-06-63
VARIANCE RESOLUTION
WHEREAS, Clarence Lacktorin applied for three variances from the zoning
ordinance.
WHEREAS, these variances apply to a part of a property that is about 590 feet
north of 2990 Highway 61. The legal description is:
Registered Land Survey No. 262, except the south 590 feet; Tract C
WHEREAS, Section 36-22 (c) of the Maplewood Code of Ordinances requires continuous
concrete curbing surrounding any parking lot with more than 12 spaces.
WHEREAS, Section 36-22(e) of the Maplewood Code of Ordinances requires parking
lots to have a bituminous or concrete surface and single-striped spaces.
WHEREAS, the applicant is proposing a parking lot with no pavement, curbing or
striping.
WHEREAS, the history of these variances is as follows:
1. On May 16, 1994, the Planning Commission recommended that the City
Council approve the variance.
2. On June 13, 1994, the City Council held a public hearing. 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
variance for the following reasons:
a. Strict enforcement of the Code would cause the applicant undue hardship,
because he is not sure he will get any business.
b. The variances are only temporary.
Approval is subject to the paving and striping of the parking lot
within 90 days after starting the business. If the lot is over
twelve spaces, continuous concrete curbing must be installed.
Seconded by Acting Mayor Rossbach Ayes - Councilmembers Allenspach, Koppen,
Rossbach
Nays - Councilmember Carlson
6-13-94 9
Site Plan
i. Councilmember Koppen moved to aonrove the site plan as shown in the Mav
9. 1994 staff report. This approval requires that the aaplicant shall:
1. Repeat this review in two years if the use has not started.
2. The following must be completed before selling vehicles from
this site:
a. Install site-security lights.
b. Plant at least as much landscaping as Carnival Play
Systems and Backyard Building Systems planted. Before
planting, give a landscaping plan to the City staff for
their approval.
c. Stripe the parking spaces when the lot is paved (Code
requirement). Before paving, submit a striping plan to
the City staff for their approval.
_ d. If the parking lot will have more than twelve spaces,
_ install continuous concrete curbing when the lot is
paved. (Code requirement.)
e. Pave the parking lot and drive 90 days after starting
the business. The parking lot shall be at least fifteen
feet from the Highway 61 right-of-way or five feet from
an interior property line.
f. Get a driveway permit from MnDOT.
Seconded by Acting Mayor Rossbach Ayes - Councilmembers Allenspach, Koppen,
Rossbach.
Nays - Councilmember Carlson
5. 8:20 P.M.: Oakridge Estates South
_ a. Acting Mayor Rossbach convened the meeting for a public hearing
regarding Gonyea Company's proposal to develop lots for 21 homes.
b. Manager McGuire presented the staff report.
co Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Rossbach presented the Planning Commission Report.
e. Acting Mayor Rossbach opened the public hearing, calling for proponents
or opponents. The following persons were heard:
Larry Olson, Engineer of the project
Dennis Gonyea, Developer
Kathleen Juenemann, 721 Mt. Vernon St.
f. Acting Mayor Rossbach closed the public hearing.
6-13-94 10
Land Use Ptan Change (4 Votes)
g. Councilmember Koppen introduced the following Resolution and moved its
- adoption:
94-06-64
LAND USE PLAN CHANGE
WHEREAS, Dennis Gonyea applied for a change to the City's land use plan. This
change is from R-2 (single and double dwellings) and R-3(M) (residential medium
density) to R-1 (single dwellings).
WHEREAS, this change applies to the undeveloped property on Lakewood Drive north
of Maryland Avenue.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on May 16, 1994. The City
staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners. The Planning Commission
gave everyone at the hearing a chance to speak and present written
statements. The Planning Commission recommended that the City Council
approve the plan amendment.
2. The City Council discussed the plan amendment on June 13, 1994. They
considered reports and recommendations from the Planning Commission and
City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
1. The developer is proposing to develop the site for single dwellings.
2. This change would reduce the allowable density and traffic from this
site.
Seconded by Councilmember Allenspach Ayes - all
Zoning Map Change (4 Votes)
h. Councilmember Koppen introduced the followin4 Resolution and moved its
adoption:
94 - O6 - 65
ZONING MAP CHANGE
WHEREAS, Dennis Gonyea applied for a change in the zoning map from R-2 (single
and double dwellings) and R-3 (multiple dwellings) to R-1 (single dwellings).
WHEREAS, this change applies to the undeveloped property on Lakewood Drive north
of Maryland Avenue. The legal description is:
All that part of SW 1/4 of the SW 1/4 of Section 24, Township 29, Range 22,
lying southerly of a straight line from the northeast corner of Said SW 1/4
of the SW 1/4 to a point on the west line of said Section 24 which is
distant 450 feet south of the southerly line of the 100 foot right-of-way of
the Chicago, Saint Paul, Minneapolis and Omaha Railroad, said southerly line
6-13-94 it
being a line drawn parallel with and distant 56 feet southeasterly, as
measured at right angles, from the center line of the main track of said
railroad, as originally located and established; except the south 503 11/13
feet thereof and except the west 690 feet thereof and the northerly 15 feet
of the west 690 feet of the SW 1/4 of the SW 1/4, Section 24, Township 29,
Range 22, lying south of the line described above.
WHEREAS, the history of this change is as follows:
1. On May 16, 1994, the Planning Commission recommended that the City
Council approve the change.
2. The City Council held a public hearing on June 13, 1994. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of
the zoning code.
2. The proposed change will not substantially injure or detract from the
use of neighboring property or from the character of the neighborhood,
and that the use of the property adjacent to the area included in the
proposed change or plan is adequately safeguarded.
3." The proposed change will serve the best interests and conve^iences of
the community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and facilities,
such as public water, sewers, police and fire protection and schools.
- 5. The proposed change would conform to the proposed land use plan change
and proposed development.
Seconded by Council member Allenspach Ayes - all
Preliminary Plat
i. Councilmember Koppen moved to aoorove the Oakridae Estates South
preliminary slat received by the Citv on March 2. 1994. This aaaroval
requires that first the developer complete the followino conditions•
1. Sign an agreement with the City that guarantees that the
developer or contractor will:
a. Complete all grading, public improvements and meet all
City requirements.
b. Place temporary orange safety fencing and signs at the
grading limits.
6-13-94 12
c. Have NSP install streetlights in two locations,
primarily at street intersections. The exact location
and type of lights shall be subject to the City
Engineer's approval.
2. The developer shall complete all grading for public improvements
and overall site drainage. The City Engineer shall include in
the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
3. Have the City Engineer approve final construction and
engineering plans. These plans shall include: grading, utility,
drainage, erosion control, tree and street plans. These plans
shall meet the following conditions:
a. The erosion control plans shall be consistent with the
Ramsey Soil and Water Conservation District Erosion and
Sediment Control handbook.
b. The grading plan shall:
(1) Include proposed building pad elevation and
contour information for each home site.
(2) Include contour information for the area that
the street construction will disturb.
4. Record covenants or deed restrictions with the final plat that:
a. Require the builders of the houses on Lots 1 and 2,
Block 2, to install driveway turn-grounds when the
driveways are constructed.
b. Prohibit driveways on Lots 1, 15, 16 and 19, Block 1,
from going onto Lakewood Drive.
c. Describe how the owners of Lots 1 and 2, Block 2, will
maintain the common service line. The developer shall
prepare this agreement, subject to the City staff's
approval. The developer shall record this agreement
with the final plat.
5. The final plat shall have drainage and utility easements along
all property lines. These easements shall be ten feet wide
along the front and rear property lines and five feet wide along
the side property lines.
6. Change Hawthorne Avenue to Myrtle Street and change Hawthorne
Court to Tilsen Avenue.
7. If they will accept it, deed the fifteen-foot strip of land
_ north of 1262 McKnight Road to the owners of 1262 McKnight Road.
8. If they will accept it, deed the private road easement between
the site and Maryland Avenue to the underlying property owner.
9. Curve the Hawthorne Court cul-de-sac rRrth to maximize the lot
depth for Lots 15 and 16. The develo~=a?r shall submit a revised
plan to the Director of Community Development for his approval.
6-13-94 13
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.
Seconded by Councilmember Allenspach Ayes - all
H. AWARD OF BIDS
1. Community Center Furnishings.
a. Manager McGuire presented the staff report..
b. Councilmember Carlson introduced the following Resolution and moved its
adootion•
94-06-66
AWARD OF BID
BE IT RESOLVED by the City Council of Maplewood, Minnesota that the bid of P.M.
Johnson's int he amount of $101,705.25 is the lowest responsible bid for the
specified furniture items for the Community Center. The Mayor and City Manager are
hereby authorized and directed to enter into a contract with said bidder for and on
behalf of the City.
Seconded by Councilmember Koppen Ayes - all
I. UNFINISHED BUSINESS
1. Cable TV Discussion
a. Acting Mayor Rossbach moved to table this item until the next Council
Meeting on June 27. 1994.
Seconded by Councilmember Koppen Ayes - all
J. NEW BUSINESS
1. Final Plat: Kohlman Lake Overlook No. 5
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. Acting Mayor Rossbach asked if anyone wished to speak before the Council
regarding this matter. The following person was heard:
Frank Frattalone, Developer
d. Councilmember Koppen moved to aoorove the Kohlman Lake Overlook Number
5 final plat sub.iect to the following conditions:
i. Outlot A being combined with the parcel to the east.
2. Mr. Frattalone becoming the sole owner of Outlot A.
Seconded by Acting Mayor Rossbach Ayes - all
6-13-94 14
2. Schroeder Milk Co., Inca
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. Councilmember Carlson moved to table this item until the next Council
Meeting on June 27, 1994.
Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach,
Carlson, Rossbach
Nays - Councilmember Koppen
3. Feasibility Study, TH61 Frontage Roads, Project 93-02
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
d. Councilmember Carlson introduced the following resolution and moved its
adoation•
94-06-67
CALLING FOR PUBLIC HEARING
WHEREAS, the City Council for the City of Maplewood has held a public hearing
with reference to the improvement of Trunk Highway 61 Frontage Roads, City Project
93-02, by construction of bituminous street, concrete curb and gutter, storm sewer,
and miscellaneous improvements, and
WHEREAS, pursuant to Resolution 93-05-70, the City Council ordered the
improvement herein described, and
WHEREAS, in excess of one year's time has elapsed since the ordering of the
improvement and a contract has not been let for the improvement, and
WHEREAS, the scope of the improvement has been reduced from the original
feasibility report.-
. NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as
follows:
1. The City Council accepts that the proposed improvement on Trunk Highway
61 Frontage Roads, City Project 93-02, by construction of bituminous
street, concrete curb and gutter, storm sewer, and miscellaneous
improvements is still feasible and should best be made as revised, per
the Assistant City Engineer's recommendation.
2. The Council will consider the aforesaid improvement in accordance with
the reports and the assessment of benefited property for all or a
portion of the cost of the improvement according to MSA Chapter 429, at
an estimated total cost of the improvement of $668,250.
3. A public hearing will be held in the Council Chambers of the City Hall
at 1830 East County Road B on Monday, the 27th day of June, 1994, at
6-13-94 15
7:15 p.m. to consider said improvement. The City Clerk shall give .
mailed and published ntoice of said hearing and improvement as required
by law.
Seconded by Councilmember Koppen Ayes - all
4. Elm Street and County Road C Intersection
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Acting Mayor Rossbach asked if anyone wished to speak before the Council
regarding this matter. The following persons were heard:
Ron Brzinski, 1358 Kohlman Avenue
Ralph Sletten, 2747 North Clarence Street
George Rossbach, Councilmember
d. Acting Mayor Rossbach moved that Elm Street be moved six feet to west of
its location on June 13. 1994.
Seconded by Councilmember Allenspach Ayes - all
5. Community Center/City Hall Trail Extension: Document Approval and Authorization to
Advertise for Bids
a.- Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Carlson moved to approve the Dlans and specifications for
the Community Center/City Hall Trail and authorize the submission to
MnDOT for formal review. advertising. and acceptance of bids.
Seconded by Councilmember Koppen Ayes - all
6. Contract for Community Center/City Ha11 Trail Extension
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Carlson introduced the following Resolution and moved its
adootion•
94-06-68
DIRECTING MODIFICATION OF EXISTING DESIGN 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 for the design of the trail extension from City Hall and the Community
Center to the Gateway Trail segment of the DNR Trail; and
WHEREAS, the City requested changes in the trail design to accommodate additional
landscaping and lighting, electrical rough-in, and supplementary engineering services
for extra soils from the Community Center site; and
6-13-94 16
WHEREAS, it is now necessary and expedient that said design contract be modified
and designated as Trail Project Design Change Order 1 to allow the additional design
work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota that
Mayor and City Manager are hereby authorized and directed to modify the existing
contract by executing said Change Order 1 in an amount of $3,400.
The contract is amended per the following detail:
Current Contract $12,000 plus reimbursables
Change Order 1 3.400
Amended Contract $15,400 plus reimbursables
Seconded by Councilmember Kopper Ayes - all
7. Community Center Change Order - Construction Testing Contract
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the followino Resolution and moved its
adoption:
94 - 06 - 69
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION TESTING CONTRACT
WHEREAS, the City Council of Mapeewood, Minnesota has heretofore ordered the
construction of a City-owned community center, Community Center Project, and has let
a contract for the construction observation and testing services with Braun Intertec;
and
WHEREAS, the contract with Braun Intertec contains it prices for the
construction observation and testing services; and
WHEREAS, Braun Intertec has been instructed to conduct additional professional
services on the Community Center Project; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Construction Testing Change Order 1 to allow
the additional recommended services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota that
the Mayor and City Manager are hereby authorized and directed to modify the existing
contract with Braun Intertec by executing said Change Order 1 in an amount of
$11,276.
The contract is amended per the following detail:
Current Contract $35,000
Change Order 1 11.276
Amended Contract $46,276
Seconded by Councilmember Koppen Ayes - all
6-13-94 17
8. Community Center Contingency Request Noe 3 - Construction Contracts
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Resolution and moved its
adootion•
94-06-70
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 contrac* for the grading and site utilities; and
WHEREAS, field changes were required during the driveway utility work; 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 4
to allow the necessary changes in the utility work.
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 an amount of $1,854.
The contract is amended per the following detail:
Current Contract $280,382
Proposed Change Order 4 1.854
Amended Contract $282,236
Seconded by Councilmember Allenspach Ayes - all
c. Councilmember Carlson introduced the following Resolution and moved its
adootion:
94-06-71
- 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 Hunt Electric; and
_ WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Hunt Electric Change Order 3 to allow the
recommended changes in design.
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 3 in an amount of $33,891.
6-13-94 18
The contract is amended per the following detail:
Current Contract $945,815
- Proposed. Change Order 3 33.891
Amended Contract X979,706
Seconded by Councilmember Allenspach Ayes - all
d. Councilmember Carlson introduced the following Resolution and moved its
adootion•
94-06-72
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 Adolfson & Peterson for general construction; and
WHEREAS, changes to a variety of structural features in the building required
additional carpentry, added insulation over sanitary sewer, and structural bracing
were necessary to make for the integrity of the facility; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project A&P Change Order 4 to allow the recommended
changes in design.
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 an amount of $21,122.
The contract is amended per the following detail:
Current Contract $5,470,216
Proposed Change Order 4 21.122
Amended Contract X5,491,338
Seconded by Councilmember Allenspach Ayes - all
e. Councilmember Carlson introduced the followin4 Resolution and moved its
adootion:
94-06-73
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 Doody Mechanical, Inc.; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Doody Mechanical Change Order 3 to allow the
recommended changes in design.
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 3 in an amount of $2,386.11.
6-13-94 19
The contract is amended per the following detail:
Current Contract 52,124,530.00
Proposed Change Order 3 2.386.18
Amended Contract ;2,126,916.18
Seconded by Councilmember Allenspach Ayes - all
9. Community Center Contingency Request - NSP Lines
a. Manager McGuire presented the staff report.
b. Acting Mayor Rossbach moved to aoarove the burial of the electrical
lines on White Bear Avenue and direct the Mayor and Citv Manager to
enter into an agreement with Northern States Power to burv the lines
using $46.800 of Community Center Pro.iect contingencv construction
funds.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATIONS
1. Keith Libby, 1197 So. Century Avenue
a. Mr. Libby stated that Mr. Valiukas has not signed the agreement
. regarding the combined driveway issue but yet he received a driveway
permit.
b. Staff to investigate.
2. Gerald Morgan, 1472 Myrtle Court
Mr. Morgan stated the Open Space Committee did a great job and he hopes the
Council will proceed without delay to purchase the property that was
evaluated and rated before the property is developed.
3. Lucy Paschke, McKnight Road
Ms. Paschke read a letter written in 1855 by an American Indian to President
Washington.
4. Greg Juenemann, 721 Mt. Vernon Avenue
Mr. Juenemann, original member of the Open Space Committee, presented his
comments regarding the purchase of the portion of the Oak Ridge Proposal.
5. Ron Williamson
Mr. Williamson is. concerned about the delay in purchasing open space
especially portions of "Witch Woods".
6. Kathleen Juenemann, 721 Mt. Vernon Avenue
Mrs. Juenemann questioned what the problem was regarding purchasing of open
space property.
6-13-94 20
7. Janet Grant, 1709 McKnight Lane
a. Ms. Grant questioned what was happening to the property just north of
the Maplewood Townhomes.
b. Council stated the owners of that property are not interested in open
space.
8. Sandra Van Erp, 1748 No. McKnight Road
Mrs. Van Erp reported on damage to townhomes by construction. Concrete
damage was caused by high water table.
L. COUNCIL PRESENTATIONS
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
City Manager McGuire stated appraisals are being completed on several
properties and will be submitted to the Council.
2. July Council/Manager Meeting.
a. Manager McGuire stated the July Council/Manager Meeting is scheduled for
July 4th and that is a holiday.
b." Acting Mayor Rossbach moved to cancel the July Council/Manager Meeting.
Seconded by Councilmember Koppen Ayes - all
3. Closed Session "Litigation"
Acting Mayor Rossbach moved to recess the meeting to go into closed session
to discuss litigation at 10:30 P.M.
Acting Mayor Rossbach moved to reconvene the meeting at 10:45 P.M.
Councilmember Carlson moved to direct attorney to negotiate.
Seconded by Councilmember Koppen Ayes - all
N. ADJOURNMENT
MEETING ADJOURNED AT 10:47 P.M.
Lucille E. Aurelius
City Clerk
6-13-94 21