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HomeMy WebLinkAbout11.09.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 9, 1987 Council Chambers, Municipal Building Meeting No. 87 - 24 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 7:02 P.M. by Mayor Greavu. B. -ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 87 - 17 (August 24, 1987) Councilmember Wasiluk moved to approve the Minutes of Meeting No. 87-17 (August 24, 1987) as submitted. Seconded by Councilmember Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. St. Paul Water Department 2. Share Housing 3. Community Identity 4. 3-M 100th Celebration 5. Lakewood Drive - Letter 6. Para Transit - NEST Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Items E-2 and 4 to become Items I-8 and 9. Mayor Greavu moved, seconded by Councilmember Bastian, Ayes - all to approve the Consent Agenda, Items E-1, 3, 5 through 9 as recommended. 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses Check register dated 10-28-87 through November 02, 1987, $547,266.15: Part II, Payroll dated October 30, 1987, gross amount $141,334.62) as submitted. 11/9 2. Policy on Filing Conciliation Court Claims for Ambulance Bills Discussed under Item I-8. 3. Project 84-11, South Oaks 2nd Addition - Final Acceptance Resolution No. 87 - 11 - 206 WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into a contract for public improvement of the project described as City Project 84-11, South Oaks Second Addition. WHEREAS, said project is certified as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that this project is complete and the utilities and streets hereby accepted as part of the public systems. 4. Budd Kolby 2nd Addition Discussed under Item I-9. 5. Fee for Maintenance of Comparable Worth Study Approved a budget transfer of $413.50 from the General Fund Contingency Account to cover the cost of the maintenance of Comparable Worth Study. 6. Suburban Rate Authority - Fees Approved a budget transfer of $860.00 from the General Fund Contingency Account to finance the increase in dues for the Suburban Rate Authority - Total dues for 1987 is $2,100.00. 7. Permit Fee for Noise Ordinance Adopted a fee of $25.00 for the Noise Ordinance Permit 8. Final Plat: Cave's Nebraska 2nd Addition. Approved Cave's Nebraska Second Addition final plat. 9. Certification of Election Results. Special meeting November 5, 1987. ~ E-A APPOINTMENT 1. HRA and HRC Appointment a. Manager McGuire presented the Staff report. b. Mr. John Prey, the applicant, answered questions from the Council. c. Councilmember Bastian moved to appoint Mr. John Prey to the HRC and to the HRA to serve as liaison between the two commissions. - 2 - 11/9 Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARINGS None. G. AWARD OF BIDS 7. District No. 8 Water Tower Project 86-15 a. Director of Public Works Haider presented the .Staff report. b. Councilmember Agderson_atrodueed the following resolution and moved its adoption• 87 - 11 - 207 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of CBI-Nacon, Inc., in the amount of $427,010 is the lowest responsi- ble bid for the construction of District 8 Water Tower, Project 86-15, and the Mayor and Clerk are hereby authorized and directed to enter into a con- tract with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. H. UNFINISHED BUSINESS L Code Amendment - Metal Storage Buildings a. Director of Community Development Olson presented the Staff report. b. Roxanne Hirsch, 1225 Frost Avenue, asked questions regarding the proposal. c. Councilmember Anderson moved to table and refer to Staff for more information. Seconded by Mayor Greavu. Ayes - all. 2. Request from Dispute Resolution Center a. City Attorney Kelly presented a legal opinion regarding a donation to the center. b. Elizabeth Stevens, representing the Dispute Center, presented a report. c. Councilmember Juker moved to table to the next meeting November 23 1987, and instructed the Staff to obtain copies of the contracts with City of St. Paul and Ramsey County and the Dispute Center Seconded by Mayor Greavu. Ayes - all. NEW BUSINESS 1. Code Amendment: Swimming Pool Fences a. Director of Community Development Olson presented the Staff report. - 3 - 11/9 b. Mayor Greavu moved first reading of an ordinance updating the City's current ordinance to reflect current policy. Seconded by Councilmember Anderson. Ayes - all. 2. Health East Financing a. Manager McGuire presented the Staff report. b. Mary Ippel, bonding consultant, Briggs and Morgen, explained the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 11 - 208 RESOLUTION AUTHORIZING EXECUTION OF DOCUMENTS IN CONNECTION WITH HEALTHEAST HEALTHCARE FINANCING PROPOSAL WHEREAS, pursuant to an Indenture of Trust dated December 1, 1983 (the "1983 Indenture"), between the City of Maplewood, Minnesota (the "City") and First Trust Company, Inc., as Trustee, the City issued $37,485,000 aggregate principal amount of its Hospital Revenue Bonds (Health Resources Hospital Corporation), Series 1983 (the "1983 Bonds") for the benefit of Health Resources Hospital Corporation (the "Corporation"); and WHEREAS, pursuant to an Indenture of Trust dated December 1, 1985 (the "1985 Indenture"), between the City and the Trustee, the City issued $24,995,000 aggregate principal amount of its Tender Option Hospital Re- funding Bonds, Series 1985 (Health Resources Hospital Corporation Project) (the "1985 Bonds") for the benefit of the Corporation; and WHEREAS, on August 10, 1987, by Resolution No. 87 - 8 - 150, the City Council of the City approved a proposal from HealthEast that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") issue tax exempt bonds (the "HealthEast Bonds"), the proceeds of which would be used (i) to finance the acquisition or construction of (or reimburse HealthEast or an affiliate for payments made by it or any affiliate to ac- quire or construct) health care facilities including improvements to build- . ings and equipment and other movable personal property to be acquired by HealthEast or an affiliate and located at, or used in connection with ex- isting facilities maintained and operated by HealthEast or an affiliate in the City of Saint Paul, Minnesota or the City of Maplewood, Minnesota; (ii) to refund the outstanding bonds issued by the HRA, the Port Authority of the City of Saint Paul or the City of Maplewood, including the 1983 Bonds and the 1985 Bonds; and (iii) to fund a reserve and pay certain costs of issuance of the bonds, including the discount; and i WHEREAS, section 7-1(1)(B)(ii) of the 1983 Indenture and section 8.02 of the 1985 Indenture did not contemplate or provide that securities might be held in a common escrow trust fund for the benefit of the 1983 Bonds and the 1985 Bonds; and - 4 - 11/9 WHEREAS, the City and the Corporation desire that the Trustee act as escrow agent with respect to both the 1983 Bonds and the 1985 Bonds, in addition to its capacities as trustee of the 1983 Bonds and 1985 Bonds, and that in such capacities, the Trustee hold various securities in trust for the benefit of the holders of the 1983 Bonds and 1985 Bonds; and WHEREAS, there have been presented to the City Council forms of a First Supplemental Bond Indenture with respect to the 1983 Bonds, First Supplemental Bond Indenture with respect to the 1985 Bonds, and form of Amended and Restated Escrow Trust Fund Agreement (hereinafter collectively referred to as the "Documents"), which have been reviewed by City Staff; and WHEREAS, the City and the Corporation desire to amend the 1983 Indenture and the 1985 Indenture to provide that the Trustee may hold such securities, on the terms and conditions specified in the Documents, and further desire to authorize execution of all documents on behalf of the City as may be ,necessary to accomplish the refunding contemplated by the City's previous resolution N0. 87 - 8 - 150 of August 10, 1987. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maple- wood, Minnesota, as follows: The Mayor and City Clerk are authorized to execute the First Supplemental Bond Indenture with respect to the 1983 Bonds, First Supplemental Bond Indenture with respect to the 1985 Bonds, and Amended and Restated Escrow Trust Fund Ag ::,ment, in substantially the forms submitted to the City Cou•:.i1, and to execute such other documents as may be necessary appro- priate, with such modifications thereof, deletions [?.tr~~from, and additions thereto as may be necessary and appropzl.,_~:e and approved by bond counsel and the City Attorney as Counsel to the City. Seconded by Councilmember Anderson. Ayes - all. 3. Project 87-41: Brooks Court Water Main Reconstruction a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 11 - 209 WHEREAS, the existing public trunk water main extending southeast from Brooks Court is located upon private property without an easement and is improperly constructed so as to preclude proper maintenance. WHEREAS, the use of said trunk water main, which is essential for the public health and safety, is compromised by this situation. WHEREAS, said water main poses a threat to private property due to its close proximity. - 5 - 11/9 WHEREAS, to expedite the correction of this situation, the department of public works has obtained a new easement on a different alignment, has prepared plans and specifications for a replacement trunk water main, and has received quotes for construction of the replacement water main. A low quote of $29,876.75 was received from Frattalone Excavating. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, as follows: The Department of Public Works is authorized to award the contract for construction of 367 lineal feet of new water main and appurte- nances, described as City Project 87-41, Brooks Court Water Main Reconstruction, to Frattalone Excavating under a declared emergency necessary to protect public health and safety and limit the City's liability for property damage. City Project 87-41 is to be funded by a transfer of funds from the hydrant charge fund. The City at- torney is directed to pursue the recovery of costs for City Project 87-41 from responsible parties of the original improper water main construction under City Project 81-13. Seconded by Councilmember Juker. Ayes - all. 4. Ramp: 694 and County Road D a. Manager McGuire presented the Staff report. b. Councilmember Juker moved to instruct Staff to establish a meeting with MN DOT to discuss this item. - Seconded by Councilmember Anderson. Ayes - all. 5. Hillcrest Sanitary Sewer Project 86-22. Change Order No. 1 and 2 a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 11 - 210 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86-22 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modi- fied and designated as Improvement Project 86-22 Change Orders Nos. 1 and 2. NO[d, 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 Orders Nos. 1 and 2. Seconded by Councilmember Anderson. Ayes - all. - 6 - 11/9 6. Resolution: Taxation of Pension Income a. Manager McGuire presented the Staff report and stated there will be a meeting with Representative Vento, Friday, November 18, 1987, at 2:30 P.M. b. Mayor Greavu introduced the following resolution=and moved its adoption: 87 - 11 - 211 WHEREAS, competent public employees and firefighters are needed to work for public agencies and state and local governments to serve the citizens of Minnesota and local governments,-such as the City of Maplewood; and WHEREAS, such competent public employees and volunteer firefighters have dedicated their employment to serving the public; and WHEREAS such public employees and volunteer firefighters were previously allowed to deduct the first $11,000 of their pension income from state income taxation, pursuant to Minn. Stat. §290.08, Subd. 26 (1986); and WHEREAS, such special benefit to public employees and volunteer fire- fighters directly benefited the health, safety and welfare of the public, by enticing competent people to work for governments and the citizens of Minnesota and municipalities such as the City of Maplewood; and WHEREAS, the hiring and recruiting of competent and qualified public employees and volunteer firefighters to serve the public has been .inhibited by repealing such exemption, pursuant to Minn. Laws, Chapter 268, Article 1, Section 127 (1987); and WHEREAS, the difficulty of hiring competent public employees and volunteer firefighters directly impacts the health, safety and welfare of the people of Minnesota and the citizens of the City of Maplewood, much to the detriment of society. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL: 1. That the Minnesota Legislature is urged to rescind Minnesota Law Chapter 268, Article 1, Section 127 (1987), inasmuch as it repeals Minn. Stat. §290.08, Subd. 26, concerning the exemption of pension income; and pass a new law in the 1988 Legislative Session, which would reinstate the exemption from state income taxation of the first $11,000 of pension income of volunteer firefighters and public employees pursuant to former Minn. Stat. §290.08, Subd. 26 (1986). Seconded by Councilmember Bastian. Ayes - all. 7. Report: Crestview Trail a. Manager McGuire presented the Staff report. b. Director of Parks and Recreation Odegard presented the report in detail. - 7 - 11/9 c. Several area residents expressed their opinions regarding the trail. d. Councilmember Anderson moved to refer the matter to the Planning Commission and the Park and Recreation Commission. Seconded by Councilmember Bastian. Ayes - all. 8. Policy on Filing Conciliation Court Claims for Ambulance Bills i a. Councilmember Juker moved to adopt a policy that unpaid ambulance bill balance must be equal to at lease three times the filing fee in order for a claim to be fixed in Conciliation Court. Seconded by Councilmember Anderson. Ayes - all. 9. Budd Kolby 2nd Addition a. Councilmember Bastian moved to approve the Budd Kolby Second Addition Final Plat. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS 1. MN. DOT a. Mr. Mike Martilla, representing Mn. DOT, requested approval of a metal pole building in M-1 District. b. Councilmember Bastian moved to suspend the Rules and Procedures and discuss H-1. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Bastian moved to reconsider the motion to table the ordi- nance regarding metal storage buildings. Seconded by Councilmember Anderson. Ayes - all. d. Councilmember Bastian moved to waive the Rules of Procedures to discuss the ordinance on metal storage buildings. Seconded by Councilmember Anderson. Ayes - all. e. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE N0. 614-A AN ORDINANCE REGULATING METAL STORAGE BUILDINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sections 9-6 (a) and (b), metal pole buildings, are amended as follows: - 8 - 11/9 Sec. 9-6. Pletal storage buildings. (a) It shall be unlawful to erect a metal storage building in the City which is of a design commonly referred to as a "pale barn" or "agri-building", unless such building: 1. would be located in a F, farm residence district 2. is a metal storage building commonly used as a back yard storage shed, or 3. is located in an M-1, light manufacturing or M-2, heavy manufacturing district and is substantially screened so as to be 80~ opaque as viewed from residentially-zoned land or streets. If the screening is removed or dies and is not replaced, the City Council may require removal of the build- ing. If the value of the building exceeds $25,000, the City Council shall allow at least a five-year amortization period. (b) Special architectural design and nonmetal decorative modifi- cations may be required by the City. Should any dispute arise over the classifcation of a proposed metal building, the Director of Community Development shall determine whether the proposed metal building fits into the "pole barn" category. Appeals of the Director's decision shall be made to the City Council for a determination of building type. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - all. 2. Ken Gervais, Castle Design Mr. Gervais introduced Ken Wallace, Highwood Park Development Corp. Mr. Wallace is building the home for KARE 11 to be given away during the Winter Carnival. Mr. Wallace spoke on behalf of the proposal. He stated the house will be located on Dahl Road in Maplewood. K. COUNCIL PRESENTATIONS 1. St. Paul Water Department a. Councilmember Bastian stated the St. Paul Water Department had added 6 to 8 feet onto their dikes; lining up their trucks on County Road B waiting until the gates open. -There is supposed to have been a letter sent to the area residents stating that the water department is not going to change their operations. he requested that Staff look into the concern of what impact on the water table will be realized from the increased water pressure. _ g _ 11/9 2. Share Housing a. Councilmember Bastian instructed Staff to explore grants for the elderly. 3. Community Identity a. Councilmember Bastian commented on ways to promote Maplewood, perhaps sponsor various celebrations. 4. 3-M 100th Celebration a. Councilmember Anderson moved that a resolution be forwarded to 3-M for their 100th Celebration. Seconded by Councilmember Juker. Ayes - all. 5. Lakewood Drive - Letter a. Councilmember Anderson stated he had received a letter from Mr. E. Dreawves, 1070 Lakewood Drive regarding the installation of sewer. b. Staff will investigate. 6. Para Transit a. Councilmember Wasiluk stated there would be a para transit meeting November 10, 1987, 7:00 P.M., at the Oakdale City hall. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:45 P.M. City Clerk - 10 - 11/9