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HomeMy WebLinkAbout09.11.89 and 09.14.89 _ I MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 11, 1989 and 4:30 P.M., Thursday, September 14, 1989 Council Chambers, Municipal Building Meeting No. 89-20 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 George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES None D. APPROVAL OF AGENDA Mayor Greavu moved to aoarove the Agenda as amended: 1. Woodlynn 2. Property for Sale - White Bear Avenue - West of City Hall 3. Hennen Property 4. Review Public Hearing Schedule 5. Settle Lepsche Appeal Project 86-3 6. Item F4 - Removed from Agenda Seconded by Councilmember Bastian. Ayes - all. E-A PRESENTATION 1. East Community Services a. Kathy Jefferson, East Community Services Bureau made a presentation explaining the services provided to the community. She commended Maplewood for participating in this organization. b. Jerri Mahre, East Community Service Bureau, explained the restitution program and how well it has been working. c. Mayor Leo Hudalla of Oakdale stated he serves on the Board for East 1 9-11-89 Community Service and was impressed with the services. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Mayor Greavu. Ayes - all, to approve the Consent Agenda Items E1 through 7 as recommended: 1. Approval of Claims ACCOUNTS PAYABLE: $ 371,003.357 Checks #4725 - #4780 Dated 08-18-89 through 08-31-89 $ 187.709.92 Checks #1939 - #2043 Dated 09-11-89 $ 558,713.27 Total per attached voucher/check register PAYROLL• $ 168,388.20 Payroll Checks ~ $ 33.231.64 Payroll Deductions $ 201,619.84 Total Payroll $ 760,333.11 GRAND TOTAL r. 2. Resolution for Safe Deposit Boxes Resolution No. 89-9 - 141 BE IT RESOLVED, by the City Council of the City of Maplewood, that, until written notice to the contrary is given by this corporation to the Safe Deposit Department of the Premier State Bank access to Safe Deposit Boxes (herein called i safes) standing in the name of this corporation in the vaults of above named bank shall be had by the following: Daniel F. Faust Finance Director Carole J. Anderson Asst Finance Director (Name) (Title) (Name) (Title) Any 1 of whom shall have full authority to enter said safes and to make deposits therein or remove any part of all of the contents thereof, to execute leases thereof in the name of this corporation, to amend or cancel said leases, to exchange or surrender the safes, and in all other respects to represent this corporation. 3. Budget Transfer: Computer Repair Approved a budget transfer of $600 from the contingency account to account 101-701- 4430 to pay for the repair of the computer. Damage to computer was caused by an integrated circuit failure. 2 9-11-89 4. Conditional Use Permit Renewal: 2785 White Bear Avenue (District Court) Approved the renewal of the conditional use permit for the court facility at 2785 White Bear Avenue for five years. 5. Conditional Use Permit Renewal: Maplewood Mall (The Circus) Approved the renewal of the conditional use permit for The Circus (Maplewood Mall) for another five years, subject to the September 12, 1988, conditions of approval. ' 6. Cancellation of Assessment Approved the recommendation to cancel the District No. 6 Project 86-3 assessment in the amount of $3,600.36 levied against property in the Maple Greens 1st and 2nd Addition. The City owned the property but ownership has been vacated. 7. Budget Transfer - Office Supplies a. Approved a budget transfer of $2,040 from the contingency account to account 101-701-4110 to bring the amount up to the 1989 budget re-estimate. F. PUBLIC HEARINGS 1. 7:00 P.M., Diseased Tree Cost Recovery a. Mayor Greavu convened the meeting for a public hearing regarding the request of several property owners that the cost for removal of diseased trees on private property be certified against their property. b. Manager McGuire presented the staff report. c. Mayor Greavu called for proponents and opponents. None were heard. d. Mayor Greavu closed the public hearing. e. Mayor Greavu introduced the following resolution and moved its adoption: I 89-9-142 BE IT RESOLVED, that the City Clerk is hereby authorized and directed to certify to the auditor of Ramsey County the attached list of diseased tree removal charges, said list made a part herein, for certification against the tax levy of said property owners for the year 1989, collectible in the years 1990 through 1994, and which listing includes interest at the rate of eight (8%) percent on the total amount each year. 17 29 22 24 0011-1 $179.76 14 29 22 44 0010-5 194.74 03 29 22 43 0004-7 621.67 17 29 22 32 0001-9 269.64 11 29 22 34 0014-7 426.93 Morrison Property 900.00 3 9-11-89 i Seconded by Council member Bastian. Ayes - all. 2. 7:10 P.M., Mogren: County Road C a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Gerald Mogren for approval of the following: a. A land use plan amendment from OS, Open Space, to SC, Service Commercial, for the 3.96 acre parcel of land which is south of the Octopus Car Wash, west of White Bear Avenue and north of County Ditch #18. b. A rezoning from F,-Farm Residence, to BC, Business and Commercial, for a 1.25-acre portion of the 3.96-acre parcel noted above. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the details of the proposal. 4. The applicants, Gerald Mogren and Perry Shortridge, spoke on behalf of their request. 5. Mayor Greavu called for proponents. None were heard. 6. Mayor Greavu called for opponents. The following were heard: Niel Bresnahan, 1862 E. County Road C ~ Carol Guzzo, 1876 E. County Road C, presehted a petition signed by approximately 50 area residents opposing the proposal Larry Guzzo, 1862 E. County Road C 7. Mayor Greavu closed the public hearing. 8. Councilmember Bastian introduced the following resolution and moved its adoption: i. 89-9-143 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from OS, Open Space, to SC, Service Commercial, for the following described property: PIN #11-29-22-22-0035 (south of County Road C and west of White Bear Avenue) WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on August 21, 1989, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and 4 9-11-89 present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. I 2. The Maplewood City Council considered said plan amendment on September 11, 1989. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- ~ described plan amendment be approved on the basis of the following finds of fact: a. there are no plans by the City or County to acquire the site for open space use; b. the site is not well suited for single-family dwellings; and c. the SC designation would be a reasonable transition between the existing ! commercial and residential uses. Seconded by Councilmember Rossbach. Ayes - all. ' 9. No Action taken on the rezoning. Seconded by Councilmember Rossbach. Ayes - all. 3. 7:20 P.M., Code Amendment: Motor Fuel Stations and Public Garages (Second Reading - 4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed ordinance regulating motor fuel stations and public garages. b. Manager McGuire presented the staff report. c. Director of Community Development Olson explained the changes in the ordinance. d. Jim Phillippi, North Star Engineering, asked questions regarding the ' proposed ordinance. e. Mayor Greavu called for proponents and opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved to amend Condition 5 on Page 9 to read: .Add: for the storage of used or discarded tires shall be kept locked and 100% screened. Seconded by Councilmember Anderson. Ayes - all. h. Councilmember Rossbach introduced the followin4 ordinance and moved its adoption: 5 9-11-89 ORDINANCE N0, b52 AN ORDINANCE AMENDING THE BC, BC(M) AND M-1 DISTRICTS, ESPECIALLY AS THEY PERTAIN TO MOTOR FUEL STATIONS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (additions are underlined and deletions crossed out): Section I. Section 36-6, Definitions, are hereby amended to add the following: Dispenser: A device designed to dispense motor fuel which contains the hose nozzle(s) and meter. Major motor fuel station: A retail business engaged in the sale of motor vehicle fuels which provides more than two (2) dispensers or two (2) islands. i Minor motor fuel station: A retail business engaged in the sale of motor vehicle fuels which provides no more than one (I) island with a maximum of two (2) dispensers. Motor vehicle accessory installation center: A place to install equipment sold ont he premises in a motor vehicle, where the following conditions are met: (I) No petroleum products would be added to, applied to, or removed from the vehicle. (2) There would be no maintenance, servicing or repair of vehicles or parts of vehicles, including car washing. (3) There would be no vehicle hoist or lift. (4) There would be no noxious materials used. Public garage: A place for the maintenance or repair of motor vehicles. A motor vehicle installation center shall not be included. Section 2. Section 36-23, access, is amended to read as follows: (a) No dwelling shall be erected or altered in the City unless there is at least 22 feet of access to it from a public street, or unless the City Council approves a lesser amount. No building shall be erected or altered in the City so as to close the present means of access to an existing dwelling or so as to diminish this means of access. (b) Driveway access(s) and design shall be based on Article IV of Chapter 29 of ~ City Code and the standards of the Institute of Transportation Engineers. Section 3. Add section 36-28 to read as follows: Section 36-28 Lighting. All outdoor illumination shall be downlighted so as to prevent undue glare from being directly visible on any adjacent streets or on property that is used or planned for 6 9-11-89 residential use. No light source shall be directly visible from any residential area or :;:public street and light levels shall not exceed one (1)-foot candle at a residential property line. Section 36-29--36-40. Reserved. Section 4. Sections 36-141 to 36-153 (1) and (2) are amended as follows: ' Sections 36-141 - 36-140. Reserved. DIVISION 7. BC BUSINESS COMMERCIAL DISTRICT Section 36-151. Use Regulations. (1) Permitted uses. Only the following uses are permitted by right in a BC district: (a) A dwelling unit for one family in combination with a business use. (b) Hotel, motel, or tourist cabins. (c) Retail store, restaurant, office, agency, studio, bank, personal service, craftsmen's shop, or mortuary. (d) Automobile sales agency that sells new cars or new and used cars. (e) Newspaper publishing or job printing establishment. (f) Theater. (g) Self-service laundry. (h) Bakery or confectionery shop, for the production of articles to be sold only at retail on the premises. (i) Parking lot as a principal use. (j) Motor vehicle accessory installation center. (k) CNG (compressed natural gas) and LPG (liquid petroleum gas) dispensing facilities, except those whose primary purpose is to produce power and light for nonvehicle uses, such as at 3M, NSP's facility on Century Avenue, or for temporary use on construction sites. Tanks shall not exceed a water capacity of one thousand five hundred (1,500) gallons. The licensing requirements in Chapter 17.3 shall be compiled with. (1) Any use of the same general character as any of the above uses, provided that no use which is noxious or hazardous shall be permitted. (2) Conditional uses. The following uses are permitted, subsequent to approval of a conditional use permit: (a) All uses permitted in the R-3 Residence District. 7 9-11-89 (b) Processing and distributing station for milk or other beverages. (c) Place of amusement, recreation or assembly, other than a theater, when conducted indoors. (d) The exterior storage display, sale, or distribution of goods or materials, but not including a junkyard, salvage, automobile, or other wrecking yard. The City may require screening of such uses. (e) Use car lot. (f) Metal storage buildings, provided that in addition to the general findings required for a conditional use, the following additional findings must be made: 1. The building would be substantially screened so as to be eighty percent (80%) opaque as viewed from streets or land that is residentially developed or designated on the City's land use plan for residential use. 2. The building would not be of lesser quality than surrounding development. If the screening is removed or dies and is not replaced, the City Council may require removal of the building. If the value of the building exceeds twenty-five thousand dollars ($25,000.00), the City Council shall allow at least a five-year amortization period. i (g) Heliport. (h) Car wash. (i) Motor fuel stations or public garages, provided that in addition to the general conditions for a conditional use, the following additional conditions must be met: I. The setback of any overhead canopy shall be at least fifteen (I5) feet from the street right-of-way line and five (5) feet from a nonresidential property line. 2. The setbacks to a residential zone in section 36-153 (3) shall include car washes, fuel dispensers or canopies. 3. Major motor fuel stations or public garages shall not be permitted within 350 feet of areas planned for residential use on the City's land use plan. 4. No unlicensed or inoperable vehicles shall be stored on the premises for more than forty eight (48) hours, except in storage areas fully screened from public view. 5. All trash, waste materials, and obsolete parts shall be stored within an enclosed trash container. Any container for the storage of used or 8 9-11-89 discarded tires shall be kept locked and 100% screened. 6. All repair, assembly, disassembly, and maintenance shall occur within a closed building, except for minor maintenance, such as tire replacement or inflation, adding oil or wiper fluid replacement. 7. The location and type of outdoor storage must be specifically approved in the conditional use permit. 8. No parking space(s) shall be located within the line of vision between self-service fuel dispensers and the attendant's window. 9. External speakers shall be directed away from residential areas and the sound shall not exceed fifty (50) decibels (normal conversation level) at the residential property line. 10. No motor fuel station within three hundred fifty (350) feet of land that is developed or designated on the City's land use plan for residential use shall be operated between the hours of 11 p.m. and 6 a.m. 11. Fuel station dispenser islands, parking areas, and drives shall be screened from residential uses and areas planned for residential use in conformance with section 36-27 (c) and section 36-27 (d). 12. Parking shall be limited to paved areas.. 13. All new or replacement underground fuel storage tanks shall be STI-P3 or an equivalent steel tank manufactured by a licensee of the Steel Tank Institute. Fiberglass tanks and piping are not permitted. 14. Leak detection shall be required for all new tanks and for existing tanks according to U.S. Environmental Protection. Agency (EPA) Schedule Deadlines. Leak detection facilities shall include electronic (in tank) monitoring equipment as well as manual daily measurement and recording of tank levels. Records of daily tank levels, fuel purchases and fuel sales shall be available on site for inspection by the fire Marshal at all times. 15. Vents from an underground fuel storage tank(s) shall be two hundred (200) feet from the property line of a residential use or a property planned for residential use on the City's land use plan. The City Council may approve a lesser setback if the developer can prove that the typography or existing or proposed buildings will prevent fumes from reaching a residential lot line. 16. Car washes accessory to a fuel station shall be subject to the same conditions as stated for motor fuel stations, with the following additional conditions: a. The site shall be planned so that water from the car wash will not drain into a public street or access(s). A drainage system shall be installed, subject to the approval of the City Engineer. - 9 9-11-89 b. Stacking space shall be designed to accommodate a minimum of four I vehicles. ' (j) Any use of the same general character as any of the above uses, provided that any use which is noxious or hazardous shall not be permitted. i Section 36-152 36-153. Reserved. Section 5. Sections 36-156 to 36-170 are amended as follows: ~ J Sections 36-156 36-170. Reserved. Section 7. Sections 36-155 (b)-(d), BC (m) district, are amended as follows: (b) Permitted uses. Only the following uses are permitted by right in this district: (1) Retail store, office, agency, studio, bank, personal service, craftsmen's shop, or mortuary. (2) Hotel or motel. (3) Walk-in theatre. (4) Job printing shop. (5) Bakery or candy shop producing goods for on-premises retail sales. (6) Motor vehicle accessory installation center. (7) Any use of the same general character as ,any of the above uses, provided that no use which is noxious or hazardous shall be permitted. (c) Conditional uses. The following uses are permitted, subsequent to approval of a conditional use permit: (1) All uses permitted in R-3, multiple-dwelling districts, except single or double dwellings. (2) Laundromat or similar automatic self-service laundry. (3) Restaurant, where there are no drive-up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residences. (4) Place of amusement, recreation, or assembly, other than a theater, where there are no outdoor activities. (5) Minor motor fuel station, subject to the requirements in section 36-151 (2) (i)• (6) Any use of the same general character as any of the above uses, provided 10 9-11-89 that any use which is noxious or hazardous shall not be permitted. (d) Prohibited uses: (1) Drive-in theaters or drive-in restaurants. (2) Commercial or fee parking lots where such use is the only use of a given parcel or where such use provides for general rather than specific use parking. (3) The exterior storage, display, sale, or distribution of equipment, goods, or materials. (4) Car wash. (5) Public garage or major motor fuel station. (6) Compressed natural gas or liquid petroleum gas dispensing facilities. Section 7. Section 36-187 (a), M-1, light manufacturing district conditional uses, is amended as follows: (a) The following uses are permitted, subsequent to approval of a conditional use .permit: (1) Any conditional use in the BC, Business Commercial district, subject to the same conditions. (2) Any use listed as a permitted use in a BC, Business Commercial district, if the property is designated for LSC, Limited Service Commercial, or RM, Residential Medium density use on the City's Comprehensive Plan. (3) Any use of the same character as a permitted use in section 36-186. (4) Trucking yard or terminal. Section 8. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker, and Rossbach. Nay -Mayor Greavu. 4. 7:30 P.M., 11th and White Bear Avenue (Amoco) a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) c. Lot Division Mayor Greavu stated this item has been delayed until October 23, 1989. 11 9-11-89 G. AWARD OF BIDS None. , H. UNFINISHED BUSINESS 1. Upper Afton Road - McKnight to Century, Project 86-07 - Schedule Public Hearing a. Director of Public Works Haider presented the staff report . b. Mayor Greavu introduced the following resolution and .moved its adoption: 89-9-14?a WHEREAS, the City Engineer for the City of Maplewood has been authorized and ~ directed to prepare a report with reference to the improvement of Upper Afton Road McKnight to Century, City Project 86-07, by construction of bituminous street with concrete curb and gutter, storm sewer, water main, and appurtenances, and ~ WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this council that the proposed improvement on Upper Afton Road McKnight to Century, City Project 86-07, by construction of bituminous street with concrete curb and gutter, storm sewer, water main, and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance-with the reports and the assessment of benefitted 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 $1,113,600. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B, on Monday, the 9th day of October, 1989, at 7:00 p.m., to consider said improvement. The City Clerk shall give mailed and published notice of said hearing I, and improvement as required by law. ' Seconded by Councilmember Bastian. Ayes - all. 2. McKnight Road, Phase 2, Project 87-04. a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89-8-145 WHEREAS, it has been deemed necessary for the City of Maplewood to fund required 12 9-11-89 _ _ _ storm sewer construction on McKnight Road between Larpenteur Avenue to T.G. 36, S.P. 62- 668-25, City Project 87-04 within the limits of said municipality, and WHEREAS, said construction project has been identified by the Commissioner of Transportation as MSA Project Number 138-020-08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that we hereby authorize appropriation of $50,000 from our municipal state aid funds to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. 1 Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Juker, Anderson, and Rossbach Nay -Councilmember Bastian. i I. NEW BUSINESS I 1. County Light Rail Transit Plan - a. Manager McGuire presented the staff report. b. No Action taken.. 2. Preliminary Approval of 1989 Tax Increment and Improvement Bond Issues a. Manager McGuire presented the staff report. - b. Mayor Greavu introduced the following resolution and moved its adoption: 89-9-146 RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,470,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1989 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Findin4; Amount and Purpose. It is hereby found, determined and declared that this City should issue $1,470,000 General Obligation Improvement Bonds of 1989 (the "Bonds") to provide money to finance the construction of various improvements in the City. 2. Meetinca; Bid Opening. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open bids at the time and place specified in such Notice of Bond Sale. 3. Notice of Bond Sale. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in the Northwestern Financial Review not less than ten (10) days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 13 9-11-89 4. Official Terms of Bond Sale. The terms and conditions of said Bonds and the. sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. 5. Official Statement. The City Clerk and Finance Director and other officers or employees of the City are hereby authorized to participate in the preparation of an official statement for the Bonds. Seconded by Councilmember Anderson. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: 89-9 147: RESOLUTION PROVIDING FOR PUBLIC SALE OF $.1,385,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1989 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Finding; Amount and Purpose. It is hereby found, determined and declared that this City should issue $1,385,000 General Obligation Tax Increment Bonds of 1989 (the "Bonds") to provide money to finance a portion of certain capital and administration costs within Development District No. 1 of the City. 2. Meeting: Bid Openinq. This Council shall meet at the time and .place specified in the form of notice hereinafter contained for the purpose of opening. and considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open bids at the time and place specified in such Notice of Bond Sale. - 3. Notice of Bond Sale. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting'to be published in the official newspaper of the City and in the Northwestern Financial Review not less than ten (10) days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. Official Terms of Bond Sale. The terms and conditions of said Bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. 5. Official Statement. The City Clerk and Finance Director and other officers or employees of the City are hereby authorized to participate in the preparation of an official statement for the Bonds. i Seconded by Councilmember Anderson. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 89-9-148 RESOLUTION PROVIDING FOR PUBLIC SALE OF $350,000 TAXABLE 14 9-11-89 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1989 i BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Finding; Amount and Purpose. It is hereby found, determined and declared that this City should issue $350,000 Taxable General Obligation Tax Increment Bonds of 1989 (the "Bonds") to provide money to finance a portion of certain capital and administration costs within Development District No. 1 of the City. i, i 2. Meeting; Bid Opening. This Council shall meet at the time and place specified ~ in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall I open bids at the time and place specified in such Notice of Bond Sale. I 3. Notice of Bond Sale. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in the Northwestern Financial Review not less than ten (10) days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. Official Terms of Bond Sale. The terms and conditions of said Bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. 5. Official Statement. The City Clerk and Finance Director and other officers or employees of the City are hereby authorized to participate in the preparation of an -.official statement for the Bonds. Seconded by Councilmember Anderson. Ayes - all. i 3. Police Study Proposal a. Manager McGuire presented the staff report. b. Councilmember Anderson moved to approve the PAR Group as consultants to conduct a thorough study of the police organization and stressed that the study be done in a timely manner and add a penalty clause if study is not completed on time. Councilmember Anderson withdrew his motion. b. Councilmember Bastian moved to table Item I-3 until Thursday eveniny~ September 14, 1989. Seconded by Councilmember Rossbach. Ayes - all. , I 4. Southlawn Avenue, Project 89-17 Change Order No. 5 a. Manager McGuire presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 15 9-11-89 89-9-149 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85-17 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract in the amount of $475,928.02 be modified and designated as Improvement Project 85-17 Change Order Five (5). 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 Five in the amount of $539. Seconded by Mayor Greavu. Ayes - all. 5. Park Improvement Project 88-2P ~ a. Sherwood Park - Change Order No. 5 b. Geranium Park - Change Order No. 6 c. Hazelwood Soccer Complex - Change Order No. 7 d. Playcrest Park - Change Order No. 8 1. Manager McGuire presented the staff report. - 2. Director of Parks and Recreation Director Odegard presented the change orders in detail. 3. Mayor Greavu moved to approve the following change orders as presented: Sherwood Park - Change Order No. 5 $10,878.00 Geranium Park - Change Order No. 6 2,666.00 Hazelwood Soccer Complex - Change Order No. 7 3,010.00 Playcrest Park - Change Order No. 8 70,000.00 Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Woodlynn Avenue a. Councilmember Anderson commented on two dirt piles on Woodlynn Avenue, one at Cottages of Maplewood, and the second at Mack Nettleton's property. b. Councilmember Bastian moved to instruct the staff to investigate the dirt j pile problem on Woodlvnn Avenue and reaort back. 'i Seconded by Councilmember Anderson. Ayes - all. 16 9-11-89 2. Property for Sale - White Bear Avenue a. Councilmember Anderson stated the property on the east side of White Bear Avenue and west of City Hall is for sale. b. Councilmember Bastian moved to refer the matter of the property that is 'i for sale on the east and west side of White Bear Avenue to staff to investigate for I possible purchase and report back to Council at the next regular meetinq. Seconded by Councilmember Anderson. Ayes - all. I 3. Hennen Property - Hillwood Oaks a. Councilmember Rossbach moved to place reconsideration of the Hillwood Oaks Addition on the next regular meeting. Seconded by Councilmember Anderson. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS 1. Review Schedule of Public Hearings a. Manager McGuire reviewed the scheduled hearings for the next two months. a. City Attorney Kelly stated that a settlement had been reached for the Julia Lepsche assessment appeal. b. Councilmember Bastian moved to reduce the number of units from 18 units - $4,275, to 2 units, $475.00 for Proiect 8603 A & B District No. 8 water tower against the property owned by Julia Lepsche PIN #25 29 22 33 0042. M. ADJOURNMENT Mayor Greavu adjourned th'e September 11, 1989, meeting at 9:30 p.m. A. CALL TO ORDER Mayor Greavu reconvened meeting no. 89-20 on Thursday, September 14, 1989, at 4:33 p.m. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Gary W. Bastian, Councilmember Present L. ADMINISTRATIVE PRESENTATIONS 1. Decision Resources (Parks and Recreation Survey) - 17 9-11-89 a. Manager McGuire presented the staff report. b. Dr. William Morris, Decision Resources, Inc., answered questions from the Council. c. Councilmember Anderson moved to authorize Decision Resources to proceed with the survey as amended. Seconded by Mayor Greavu. Ayes - all. 2. City Hall Bids a. Manager McGuire presented the staff report. b. Dean Johnson, T. K.D.A., explained the bids and recommended Merrimac j Construction Company as lowest responsible bidder. c. Mayor Greavu introduced the following resolution and moved its adoption: 89-9-.150 _ BE IT RESOLVED, BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Bid of Merrimac Construction Company in the amount of $1,056,279.00 is the lowest responsible bid for the construction of the City Hall Expansion and the proper City Officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Rossbach Nay -Councilmember Bastian. c. Mayor Greavu moved to approve the financing plan as presented. I Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Rossbach j Nay -Councilmember Bastian. d. Councilmember Anderson moved to retain the inspection services of T.K.D.A. for the City Hall expansion but the cost is not to exceed $6,100.00. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Rossbach Nay -Councilmember Bastian. ' 3. Police Study a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to authorize staff to enter into an agreement 18 9-11-89 _ _ with PAR Group to proceed. with the police study and that the City hereby agrees to pay an amount not to exceed $28,555.00 based on monthly statements submitted by the consultants except that no more than 75% will be paid to the consultant until the final report has been submitted. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Bastian moved in future bids for services rendered to the City of Maplewood that the Council has an option presented them for penalty clause if it is for liquidated damage or retainage, etc., and that this be part of the bidding process or the staff report. Seconded by Councilmember Juker. Ayes - all. 4. Certification of Sewer Bill of North St. Paul a. Manager McGuire presented the staff report. b. Mayor Greavu moved that the Council request the City of North St. Paul certify the sewer rental charges of 2574 Ariel (a North St. Paul property) in the amount of $719.32 to their taxes. Seconded by Councilmember Juker. Ayes - all. 5. Dirt Piles a. Director of Public Works Haider reported on the dirt piles on Woodlynn Avenue. If they are not removed, the construction on those sites will be shut down until removal completed. 6. White Bear Avenue Property a. Manager McGuire stated that appraisals have been ordered. 7. St. Paul Pioneer Press Dispatch a. Manager McGuire stated a meeting has been set for October 4, 1989, at 4:00 p.m., to meet with representatives of the St. Paul Pioneer Press Dispatch ' newspapers. b. Mayor Greavu moved to meet with representatives of the St. Paul Pioneer Press Dispatch on Wednesday, October 4, 1989, at 4:00 p.m. Seconded by Councilmember Juker. Ayes - all. M. ADJOURNMENT OF THE SEPTEMBER 14. 1989 MEETING 5:56 P.M. 19 9-11-89 !J City Clerk /kas i i 1 20 9-11-89