Loading...
HomeMy WebLinkAbout04-10-1995 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 10, 1995 Council Chambers, Municipal Building Meeting No. 95-07 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 Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember. Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 95-06, (March 27, 1995) Councilmember Allenspach moved to approve the minutes of Meeting No. 95-06 (March 27. 1995) as presented. Seconded by Councilmember Koppen Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as submitted. Seconded by Councilmember Koppen ayes - all EA. APPOINTMENTS/PRESENTATIONS 1. Certificate of Recognition - Ms. Peg Kohring a. Manager McGuire presented the staff report. b. Mayor Bastian moved to present the following certificate to Ms. Peg Kohring: CERTIFICATE OF RECOGNITION WHEREAS, in November 1993, a majority of the Maplewood voters approved a referendum which allowed the City to sell up to $5 million in bonds for the acquisition of open space; and 1 4-10-95 _ WHEREAS, in early 1994, the City of Maplewood contracted with The Trust for Public Land for assistance with its new Open Space Acquisition Program; and WHEREAS, Ms. Margaret A. Kohring as Midwest Regional Manager and Special Project Manager for The Trust For Public Land worked very closely with the Maplewood City ` Council, Open Space Committee, and staff in the identification, negotiation, and acquisition of open space sites: and WHEREAS, the Maplewood City Council and staff came to depend on Ms. Margaret Kohring for her experience in land negotiations, her environmentally sensitive point of view, and her commitment to the preservation of open space. NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood, its elected officials, residents, employees, business owners, and visitors thank Peg Kohring for her role in the City's Open Space Program: and since Peg has left The Trust For Public Land to pursue other life goals, we do hereby wish her success and happiness in all of her future endeavors. Seconded by Councilmember Allenspach Ayes - all c. The Open Space Committee made a presentation to Peg Kohring. 2. Proclamation: Stars of the North: Maplewood Volunteers:. a. Manager McGuire presented the staff report. b. Mayor Bastian moved to proclaim the following: PROCLAMATION STARS OF THE NORTH: MAPLEWOOD VOLUNTEERS Volunteer Recognition Week April 23 - 29, 1995 WHEREAS, Minnesota Governor Arne Carlson has proclaimed April 23 - 29, 1995 as Minnesota Volunteer Recognition Week to celebrate the more than two million volunteers who serve throughout Minnesota; and WHEREAS, to recognize the spirit of giving that exists in each volunteer's heart, the theme of this year's event is Stars of the North: Minnesota Volunteers; and WHEREAS, Minnesotan's of all ages serve as volunteers throughout the year by making their communities better places in which to live and work; and WHEREAS, Maplewood residents deserve special recognition for their volunteer efforts which include providing support to the hungry, homeless, elderly, and persons with disabilities; assisting schools in classrooms and special events; providing a leadership role for young people through scouting programs; augmenting City staff in various projects in the Parks and Recreation department as well as the Police Reserve and Cadet programs; City fire fighters; members of Maplewood's various commissions, boards, and committees; and many other dedicated people: and WHEREAS, Maplewood wants to take this opportunity to thank the Stars of the North in our community who shine throughout the year with their strong sense of community loyalty and commitment to reach out and help others. 2 4-10-95 NOW, THEREFORE, BE IT RESOLVED, that on behalf of the City Council of the City of Maplewood, I do hereby proclaim the week of April 23 29, 1995 as Stars of the North: Maplewood Volunteers Week in the City of Maplewood to recognize all volunteers within our City for their contributions to the community. Seconded by Councilmember Allenspach ayes - all. 3. Proclamation: Earth Day a. Manager McGuire presented the staff report. b. Mayor Bastian moved to proclaim the following: PROCLAMATION EARTH DAY APRIL 22, 1995 WHEREAS, Saturday, April 22, 1995 is the 25th Anniversary of Earth Day; and WHEREAS, the Silver Anniversary of this important day is an appropriate time to reflect upon and renew our commitment to preserving our environment; and WHEREAS, Earth Day has become a national symbol for programs and events which stress the significance of our environment and our responsibility to preserve the natural beauty, innocence, purity of our air, water, and greenscapes; and WHEREAS, .since our increasing rates of growth and consumption are outpacing the Earth's ability to recycle wastes and renew the supply of energy resources, we are looking for ways to reduce energy consumption, conserve our natural resources, and use renewable energy sources and alternative energy technologies; and WHEREAS, community and .individual efforts can and do make a difference in our environment including recycling, plantings, waste reduction, composting, beatification projects, use of products composed of recycled products, wetland and shoreline buffers, educational programs, Nature Center, and the Open Space Preservation Program. THEREFORE, BE IT RESOLVED, that the City of Maplewood does hereby proclaim = Saturday, April 22, 1995 as Earth Day in the community, and with the nation, celebrates its Silver Anniversary. Seconded by Councilmember Allenspach Ayes - all F. CONSENT AGENDA: Councilmember Carlson moved. seconded by Councilmember Rossbachc ayes - all. to approve the consent agenda items F-1 thru F-B as recommended. 3 4-10-95 1. Approval of Claims Approved the following cTaimr. ACCOUNTS PAYABLE: $ 388,531.19 Checks #4108 - #4228 Dated 3-16-95 thru 3-30-95 $ 156.588.06 Checks #17315 - #17457 Dated 4.10.95 $ 545,119.25 Total Accounts Payable PAYROLL: $ 254,754.07 Payroll Checks #80010 thru #80287 Dated 3-24-95 $ 50.502.82 Payroll Deduction Checks #80292 thru #80310 dated 3-24-95 $ 305,256.89 Total Payroll $ 850.376.14 GRAND TOTAL 2. Preliminary Plat Time Extension - Maplewood Estates Third Addition Approved a one-year time extension for the Maplewood Estates Third Addition preliminary 'plat. This time extension shall be subject to the March 22, 1993 conditions of approval. 3. Conditional Use Permit Review - 9 North Century Avenue (Century Avenue Service) Reviewed and renewed the Conditional Use Permit at 9 North Century Avenue, allowing the addition of a fuel station canopy and replacement of the two existing pump islands with four smaller pump islands. This CUP will not be reviewed again unless a problem develops. 4. Conditional Use Permit Review - 2194 Van Dyke Street (Launderville) Reviewed and renewed for one year the Conditional Use Permit at 2194 VanDyke Street, allowing the home owner to keep a one-ton tow truck on the property. 5. Ambulance Bill: Application for Cancellation (N. DeYoung) Authorized cancellation, on the basis of hardship, of a remaining balance $193.25 on an ambulance bill issued to Nellie DeYoung. 6. Ambulance Bill: Application for Cancellation (D. Early) Authorized cancellation, on the basis of hardship, of a remaining balance $268.12 on an ambulance bill issued to Dale Early. 7. Data Processing\General Fund Budget Adjustment Authorized budget adjustments in the Data Processing and General Funds to finance the modem pool telephone charges of $7,200. 8. Budget Transfer: Finance Department Authorized a transfer of $1,260 from the General Fund Contingency Account to cover the cost of additional checks required because of the Community Center operations. 4 4-10-9~ G. PUBLIC HEARINGS 1. 7:00 P.M. (7:11 P.M.): Registered Land Survey - Kohlman Lake Basin (Ramsey-Washington Metro Watershed District) a. Mayor Bastian convened the meeting for a public hearing regarding a request from the Ramsey-Washington Watershed District, the Registered Land Survey would divide the area east of Highway 61 and South of County Road D into five tracts. b. Manager McGuire presented the staff report. c. Associate Planner Ekstrand presented the specifics of the report. d. Commissioner Fischer presented the Planning Commission report. e. Cliff Eichinger, Ramsey-Washington Watershed District presented details of the request. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: A letter was read from Donald Sjostrom, the attorney representing Hale D. Carr. 3090 Maplewood Drive Keith Venberg, owner of Venberg Tire, 2990 Maplewood Drive g. Mayor Bastian closed the public hearing. h. Councilmember Rossbach moved to approve. the Registered Land Survey for the Ramsey-Washington Metro Watershed District. dividing the area east of Highway 61 and south of County Road D into five tracts. Seconded by Councilmember Koppen Ayes - all H. AWARD OF BIDS 1. Bid Award: Truck Box and Equipment (7:22 P.M.) a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Carlson introduced the following Resolution-and moved its adoption: 95-04-44 AWARD OF BID - HEAVY-DUTY DUMP TRUCK BODY BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, the quotation received from MacQueen Equipment. Inc. in the amount of $19,179 is the lowest responsible quote for the purchase of heavy-duty dump truck body and related equipment and the authorized representative of the City shall enter into a contract with MacQueen Equipment. Inc. for and on behalf of the City. Seconded by Councilmember Koppen Ayes - all 5 4-10-95 I. UNFINISHED BUSINESS 1. Project 93-02: TH61 Frontage Road - Assessment Objections ' a. Manager McGuire presented the staff report. - b. Director of Public Works Haider presented the specifics of the report. c. Assessment appeal for PIN 04-29-22-44.0016 was presented. d. Councilmember Allenspach moved to denv Mar.iorie Benkovic's assessment - a°aeal. Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian 2. Release of Retainage - Doody Mechanical (Community Center) a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson introduced the followin4 Resolution and moved its adoption: 95 - 04 - 45 RETURN OF RETAINAGE FOR A COMMUNITY CENTER PROJECT CONTRACT FOR MECHANICAL CONSTRUCTION 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. for mechanical construction; and WHEREAS, the Architect and Construction Manager evaluated the construction and acknowledged substantial completion on September 23, 1994 and the completion of the contracted work as of February 20, 1995 with the exception of the ozone system in the swimming pools. WHEREAS, the City released $97,251.22 to Doody Mechanical, Inc. on March 13, 1995 and retained $10,000 until such time that the City was satisfied with the operations of the swimming pools systems; and WHEREAS, as of March 31, the City is satisfied with the operation of the swimming pools and the ozone system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to release the remaining retainage in the amount of $10,000 to Doody Mechanical, Inc. Seconded by Councilmember Rossbach Ayes - all 6 4-10-95 3. Keller Parkway: Reconsideration.. a. Mayor Bastian moved to reconsider the vote on the Keller Parkway Construction and to glace this item on the next Agenda. April 24. 1995. Seconded by Councilmember Allenspach Ayes - Mayor Bastian, Councilmembers Allenspach, Koppen, Rossbach Nays - Councilmember Carlson b. Council directed staff to invite a representative of Ramsey County to attend the next Council Meeting, April 24, 1995. G. PUBLIC HEARINGS (Continued). 2. 7:30 P.M.: Ice Arena Task Force Recommendation a. Mayor Bastian convened the meeting for a public hearing regarding the need and proposed location for an additional ice arena. - b. Manager McGuire presented the staff report. c. Dennis Schuts, Ice Arena Task Force, presented the Committee's report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Jerry Hanson, 1783 Howard, presented a petition requesting support for the proposed ice arena Sheryl Theno, 1771 Helena Road N., Oakdale, Task Force Member Kevin Berglund, 1929 Kingston Avenue Bob Zick, 5158 Granada, Oakdale, spoke in opposition to funding proposal Scott Wasiluk, 1747 Frank Street, Chair of Ice Arena Task Force Julie Whitman, Oakdale Rick Petschel, Oakdale Andrea Simmer, 1605 Myrtle Street e. Mayor Bastian closed the public hearing.. f. Councilmember Allenspach introduced the following Resolution and moved its adoption: 95 - 04 - 46 RESOLUTION OF SUPPORT - ICE ARENA PROPOSAL WHEREAS, The Cities of Maplewood, Oakdale, and North St. Paul and School District 622 have organized a task force to study the need for an additional sheet of ice within the School District. WHEREAS, this task force has recommended pursuing the feasibility of locating and constructing such an arena at the Tartan High School site. WHEREAS, the State of Minnesota is exploring the option of offering assistance to help pay for the costs of construction of new sheets of ice throughout the state. 7 4-10-95 NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby supports, in conce t, the funding of such an arena with the following contingencies in place. 1. The State of Minnesota approves legislation appropriating funds to construct additional sheets of ice in the state. 2. The Ice Arena Levy of the School District is not repealed. 3. The joint partnership of the Cities of Maplewood, Oakdale, North St. Paul and School District 622 are successful in receiving $250,000 of the State money. 4. School District 622 donates the land for the arena. 5. Tartan Area Youth Hockey Association contributes $250,000 up front to assist with construction costs and pledges $50,000 annually for the first five years. 6. All four entities, (The Cities of Maplewood, Oakdale, North St. Paul and School District 622) are equal partners in paying for operating expenditures of the arena. 7. During the first five years, each public entity would not be responsible for more than $15,000 of operating expenditures. The final 15 years of debt service, each public entity would not be responsible for operating expenditures of more than $30,000. Seconded by Councilmember Koppen Ayes - all 3. 7:50 P.M. (8:30 P.M.): 1357 Cope Avenue - Corner Kick Soccer Center a. Mayor Bastian convened the meeting for a public hearing regarding a request from the owners of Corner Kick Soccer Center for a Conditional Use Permit which would allow them to build a one-story building addition, as well as approval of building design plans and a waiver of parking space requirements. b. Manager McGuire presented the staff report. c. Associate Planner Ekstrand presented the specifics of the report. d. Boardmember Vidyashankar presented the Community Design Review Board report. e. Commisioner Fischer presented the Planning Commission report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Tom Hope, Corner Kick Soccer, the applicant g. Mayor Bastian closed the public hearing. Conditional Use Permit h. Councilmember Koppen introduced the following Resolution and. moved its adoption: 8 4-10-95 95-04-47 CONDITIONAL USE PERMIT - CORNER KICK BUILDING ADDITION WHEREAS, Sue and Tom Hope applied fora conditional use permit to build a 3,000-square-foot addition to the Corner Kick Soccer Center. WHEREAS, this permit applies to 1357 Cope Avenue. The legal description is: EXCEPT THE W 398 FT; THAT PART SOUTH OF HWY 36 AND WEST OF RY RW OF THE NW i/4 OF THE SW 1/4 (SUBJECT TO RD) IN SEC 10; TN 29, R22. WHEREAS, the history of this conditional use permit is as follows: 1) On March 14, 1995, the Planning Commission recommended that the City Council approve this permit. 2) The City Council held a public hearing on April 10, 1995. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present = written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- . described conditional use permit, because: 1) The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code of Ordinances. 2) The use would not change the existing or planned character of the surrounding area. 3) The use would not depreciate property values. 4) The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- off, vibration, general unsightliness, electrical interference or other nuisances. 5) The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6) The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7) The use would not create excessive additional costs for public facilities or services. 8) The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9 4-10-95 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. 2) The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3) The City Council shall review this permit in one year. Seconded by Councilmember Carlson Ayes - all Parking Reduction Authorization i. Councilmember Koppen moved to authorize the reduction of parking spaces by 149 from the requirement of 256. based on the following reasons: 1) The proposed addition is support-oriented and would not generate additional-traffic.. 2) The City Council approved a parking authorization for 151 fewer spaces in 1989. If a parking shortage develops, the City Council may require that the applicant restripe part of the parking lot with nine-foot-wide spaces for employee parking and add six more spaces west of the proposed addition. Seconded by Councilmember Carlson Ayes - all _ Design Review j. Councilmember Koppen moved to approve the design plans (stamped February 15. 1995) for the Corner Kick Soccer Center, sub.iect to the findings required by the Code. Approval is sub.iect to the property owners doing the following: a. Repeat this review in two years if the City has not issued a building permit for this project.. b. Provide a revised landscape plan for the area along Cope Avenue showing at least two, six-foot-tall evergreen trees between each shrub grouping. The evergreens must be a dense variety like spruce, not airy such as norway pine. This plan shall be submitted for staff approval before the city issues a building permit. c. Complete the following before occupying the building: 1) Screen any new roof-mounted equipment visible from - streets or adjacent property. (code requirement) 2) Plant the new trees that are required. 10 4-10-95 d. If any required work is not done, the City may allow temporary occupancy if 1) The City determines that the work is not essential to the public health, safety or welfare. 2) The City receives a cash escrow or an irrevocable letter of credit far the required work. The amount shall be 150X of the cost of the unfinished work. 3) The City receives an agreement that will allow the City to complete any unfinished work. e. All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councilmember Carlson Ayes - all 4. 8:00 P.M. (8:42 P.M.): 759 County Road B - Arlington Hills Methodist Church ` a. Mayor Bastian convened the meeting for a public hearing regarding a request from Arlington Hills Methodist Church for approval of a Conditional Use Permit for two one-story additions to their building, a variance from the in-ground lawn irrigation system requirement and approval of design and landscape plans. b. Manager McGuire presented the staff report. c. Associate Planner Ekstrand presented the specifics of the report. d. Commissioner Fischer presented the Planning Commission report. e. Boardmember Vidyashankar presented the Community Design Review Board report. f Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Ken Benson, 2282 Howard Street, No. St. Paul, representing the church. g. Mayor Bastian closed the public hearing. Conditional Use Permit h. Councilmember Rossbach introduced the followin4 Resolution and moved its adoption: 95 - 04 - 48 CONDITIONAL USE PERMIT RESOLUTION - ARLINGTON HILLS METHODIST CHURCH WHEREAS, Arlington Hill United Methodist Church applied for a conditional use permit to build an addition onto the church. WHEREAS, this permit allows a church and a day care/preschool. WHEREAS, this permit applies to 759 East County Road B. The legal description is: 11 4-10-95 The West 412.5 feet of the East 825 feet of the South 825 feet of the SE 1/4 of the SE 1/4 of Section 8 Township 29 Range 22, subject to public highway of record. WHEREAS, the history of this conditional use permit is as follows: 1. On March 20, 1995, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on April 10, 1995. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit, because: _ 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run- . off, vibration,. general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 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. 12 4-10-95 2. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year... 3. The City Council shall review this permit in one year. Seconded by Councilmember Koppen Ayes - all Underground Lawn Irrigation Variance k. Councilmember Rossbach introduced the following Resolution and moved its adoption: 95 - 04 -49 IN-GROUND LAWN IRRIGATION VARIANCE WHEREAS, Arlington Hills United Methodist Church applied for a variance from the zoning ordinance. WHEREAS, this variance applies to 759 East County Road B. The legal description is: The West 412.5 feet of the East 825 feet of the South 825 feet of the SE 1/4 of the SE 1/4 of Section 8 Township 29 Range 22, subject to public highway of record. WHEREAS, Section 36.28(c)(9) of the Maplewood Code of Ordinances requires installation of an in-ground lawn irrigation system. WHEREAS, the church is not proposing to install such a system. WHEREAS, this requires a variance. WHEREAS, the history of this variance is as follows: i) On March 20, 1995, the Planning Commission recommended that the City Council approve this variance.. 2) The City Council held a public hearing on April 10, 1995. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. .The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- - described variance for the following reasons: 1) The spirit and intent of the ordinance would be met since the church has a maintenance staff to water the lawns when needed. 2) The church property is well maintained. Seconded by Councilmember Koppen Ayes - all 13 4-10-9E Design Review ` 1. Councilmember Rossbach moved to approve the plans (stamped February 2. 1995 for the narthex and Christian education area addition and landscaping at Arlington Hills United Methodist Church. 759 East County Road B This approval is subiect to the church doing the following: a) Repeat this review in two years if the City has not issued a building permit for this project. b) Complete the following before the City issues a building permit: (1) Provide a plan for screening any new roof-top equipment that may be added. This plan shall be submitted for Board approval. (code requirement) (2) Submit a grading, drainage, utility and erosion control plan to the City Engineer for approval. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. (3) Provide a revised landscaping plan for staff approval showing an evergreen planting screen to block headlight glare east of the pick-up/drop-off area. c) Complete the following before occupying the building: (1) Screen all new roof-mounted equipment visible from streets or adjacent property. (2) Construct a trash dumpster enclosure. The enclosure must match the color of the building. Wooden enclosures must be protected in front with concrete-filled steel- - pipe bollards. (code requirement) d) If any required work is not done, the City may allow temporary occupancy if (1) The City determines that the work is not essential to the public health, safety or welfare. (2) The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150X of the cost of the unfinished work. (3) The City receives an agreement that will allow the City to complete any unfinished work. e) All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councilmember Koppen Ayes - all 14 4-10-95 H. AWARD OF BIDS 1. Bid Award: Truck Box and Equipment MOVED TO FOLLOW G-1 I. UNFINISHED BUSINESS 1. Project 93-02: TH61 Frontage Road - Assessment Objections MOVED TO FOLLOW H-1 2. Release of Retainage - Doody Mechanical (Community Center) MOVED TO FOLLOW I-1 3. Keller Parkway: Reconsideration MOVED TO FOLLOW I-2 4. ISD 622 Policy for Naming of District Facilities a. Manager McGuire presented the staff report. b. Councilmember Carlson moved a letter be sent to School District 622 _ requestin4 a Committee be established to determine a name for the new high school. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Allenspach. Carlson, Rossbach Nays - Councilmember Koppen 5. Update of Carver Elementary School Bid Opening a. Manager McGuire presented the staff report. b. Councilmember Carlson moved to table this item until the April 24. 1995 meeting. Seconded by Councilmember Koppen Ayes - all J. NEW BUSINESS 1. Ken Gervais Request a. Manager McGuire presented the staff.report. b. Director of Public Works Haider presented the specifics of the report. c Councilmember Koppen moved to endorse staff recommendation and take no action. Seconded by Councilmember Carlson Ayes - all 15 4-10-95 MAYOR BASTIAN LEFT THE MEETING - ACTING MAYOR CARLSON ASSUMED THE CHAIR 2. Appeal of Staff Denial of Site Plan: Johnson (Beam Avenue) a. Manager McGuire presented the staff report. b. Associate Planner Ekstrand presented the specifics of the report. c. Acting Mayor Carlson asked if anyone wished to speak before the Council regarding this matter. The following were heard: Mr. & Mrs. Floyd Johnson, the applicants d. Acting Mayor Carlson moved to table for two weeks to obtain further clarification of the Johnson's request. Seconded by Councilmember Koppen Ayes - all (4) 3. Wetland and Stream Protection Ordinance (1st Reading) a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Commissioner Fischer presented the Planning Commission report. d. Acting Mayor Carlson asked if anyone wished to speak before the Council regarding this matter. No one appeared. e. Councilmember Koppen moved to approve first reading of an ordinance relative to wetland setback. Seconded by Councilmember Allenspach Ayes - all (4) 4. Approve Final Plans and Specifications, Set Bid Opening Date (Construction of Timber ` and Western Hills Park) a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Anderson presented the specifics of the report. c. Councilmember Rossbach moved to approve the final plans `and specifications for Western Hills Park and Timber.. Park, and to set a bid opening for Mav 2. 1995 at 2:00 P.M. Seconded by Councilmember Koppen Ayes - all (4) 5. Open Space Site #1618 a. Manager McGuire presented the staff report. 16 4-10-95 b. Assistant City Manager Maglich presented the specifics of the report. c. Acting Mayor Carlson asked if anyone wished to speak before the Council regarding this matter. The following was heard: Dominic Ramacier, 865 Lakewood Drive d. Councilmember Rossbach moved to consider the. purchase of Parcels 1 and 3 of Open Space Site #1616 and direct staff to forward the item to the Plannin4 commission to consider its compatibility with the Comprehensive Land Use Plan and to the Parks & Recreation Commission for its recommendation. Seconded by Councilmember Koppen Ayes - all (4) 6. Charitable Gambling Request - First Quarter, 1995 a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Tartan Fast Pitch Booster Association Tom Nemo, Tartan Fast Pitch Booster Association... d. Councilmember Koppen moved to deny the request of the Tartan Fast Pitch Booster Association. Seconded by Councilmember Allenspach Ayes - all (4) North High Graduation Committee Ron Lyman, 2534 Ryan, representing the North High Graduation Committee e. Councilmember Koppen moved to approve the request of the North High Graduation Committee for a $1.000 donation. Seconded by Councilmember Rossbach Ayes - all (4) Maplewood Seniors and Persons With Disabilities Advisory Committee f. Councilmember Rossbach moved the approve the request of the Maplewood Seniors and Persons with Disabilities Advisory Committee for a $500 donation. Seconded by Councilmember Koppen Ayes - all (4) 17 4-10-95 North High's Shades of Youth Group' Diane Sandberg, advisor to North High Shades of Youth Group g. Councilmember Koppen moved to approve a donation of $700 to the North High Shades of Youth Group Seconded by Councilmember Rossbach Ayes - all (4) Parks~& Recreation. Department Scholarship Fund h. Councilmember Koppen moved to approve a donation to $2.000 to the Parks & Recreation Department Scholarship Fund. Seconded by Councilmember Rossbach Ayes - all (4) Parks & Recreation Department Marketing Services i. Councilmember Koppen moved to approve a donation of $15,000 for Parks & Recreation Department Marketing Services. Seconded by Councilmember Rossbach Ayes - all (4) Parks & Recreation Department Adopt-A-Park Program j. Acting Mayor Carlson moved to approve a donation of $3,200 for the Parks & Recreation Department Adopt-A-Park Program. Seconded by Councilmember Koppen Ayes - all (4) Parks & Recreation Department White Bear Avenue Flower Planting k. Acting Mayor Carlson moved to approve a donation of $$1,500 to the Parks & Recreation Department's White Bear Avenue Flower Planting program. Seconded by Councilmember Koppen Ayes - all (4) Maplewood Police Cadets 1. Councilmember Rossbach moved to approve a donation of $2.000 for the M~lewood Police Cadets. Seconded by Councilmember Koppen Ayes - all (4) 7. Schedule Meeting to Review 1994 Annual Financial Report a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. 18 4-10-95 c. Councilmember Koppen moved to schedule the meetin4 to review the 1994 Annual Financial Reaort for Aril 24. 1995 at 6:30 P.M. Seconded by Councilmember Rossbach Ayes - all (4) K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS NONE M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 10:16 P.M. Lu lle E. Aurelius, City Clerk 19 4-10-95