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HomeMy WebLinkAbout09.04.80 ,1 MINUSES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, September 4, 1980 i Council Chambers, Municipal Building Meeting No. 80-23 'I A. CALL TO ORDER I A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:32 P,M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present ~ Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present ~ Earl L. IQelson, Councilman Present 1 C. APPROVAL OF MINUTES None. ''i D. APPROVAL OF AGENDA I Mayor Greavu moved to approve the Agenda as amended: 1 1. Health Inspector J _ 2. Council Presentations 3. Senior Citizen Deferment Seconded by Councilman Nelson. Ayes - all. E. CONSENT AGENDA Remove Item E-4 to become Item J-4. Councilman Nelson moved, seconded by Councilman Bastian, Ayes - all, to approve the ?j Consent Agenda - Item 1 through 3 and 5 through 10 as recommended. 1. Accounts Payable a. Approved the accounts (Part I - Fees, Services, Expenses Check Ido. 004622 through I Check No. 004669 - $72.449.03; Check No. 006689 through Check No. 006817 - $370,579.25: Part II - Payroll - Check No. 25322 through Check No. 25463 - $93,384.96) in the amount of $536,413.24. ~ 2. Renewal: Life and Disability Insurance Contracts a. Renewed the existing contracts for employee life insurance and long term disabil- ~ ity insurance with Minnesota Mutual Life Insurance Company and Connecticut General Life Insurance Coiapany, respectively. I i ~ - 1 - 9/4 1 3. Resolution: Deferred Compensation - State Plan a. Resolution No. 80-8-175 WHEREAS, the City of Maplewood has in its employ certain personnel; and WHEREAS, said employees are and will be rendering valuable services to the City; and WHEREAS, the City of Maplewood has considered the establishment of a Deferred ~ Compensation Plan for the said employees made available to the City and to said employees by the Minnesota State Retirement System in accordance with Minnesota Statutes 352.96; and 'i WHEREAS, the City of Maplewood received benefits under said plan by being able to ti assure reasonable retirement security to said employees, by being more able to attract ~ competent personnel to its service, and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits. ,f NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood establish said Deferred Compensation Plan for said employees and hereby authorizes its City Manager to execute the necessary agreements to carry out the objectives of the Deferred Compensation 1 Plan. IT IS FURTHER RESOLVED the City Manager may, on behalf of the City of Maplewood execute all Joinder Agreements with said employees and other eligible officials, which are necessary for said employees and other eligible officials participation in:,< the plan except that any Joinder Agreement for said designated official shall be executed by the Mayor. 4. Discussed as J-4 5. Time Extension: PUD - Stillwater Road and Stillwater Avenue ;I a. Granted a one year time extension for the planned unit development on Stillwater Road and Stillwater Avenue as requested by Mr. Alan J. Homel of P.J. Gaughan, Inc. (originally approved September 13, 1980). ~ 6. Time Extension: Cave's Century Addition { 'i { a. Granted a 90 day time extension of the preliminary plat for Cave's Century Addition subject to the original conditions (original approval February 7, 1980). 7. Time Extension: Crestview Forest Addition i a. Granted approval of a 90 day time extension for the Crestview Forest Addition subject to the original conditions (original approved May 15,.1980). 8. Time Extension: Clausen Addition I a. Granted approval of an additional 90 day time extension of the preliminary plat ; ~ for the Clausen Addition subject to the original conditions (original approval July ~ 19, 1979). 9. Resolution: Correction of Minor Errors - Assessments - 2 - 9/4 i 'I Resolution No. 80-9-176 ~ WHEREAS, the City of Maplewood has levied special assessments on the following ~i projects and for the following services to wit: i 1. Diseased Trees 79-6 2. Sanitary Sewer No. 1 3. Sanitary Sewer No. 2 4. Sanitary Sewer No. 3 - 5. Sanitary Sewer No. 5 ;I 6. Sanitary Sewer No. 5-2 7. Sanitary Sewer No. 5-4 8. Water Improvement No. 1 9. Sanitary Sewer No. 6-1 10. Sanitary Sewer No. 6-2 { 11. Sewer/Water No. 1 -1 12. Water Improvement No. 2 i 13. Water Improvement No. 3 14. Water Improvement No. 4 15. Water Improvement No. 5 16. Sanitary Sewer No. 8 17. Water Improvement No. 6 18. Sanitary Sewer No. 7 19. Water Improvement No. 7 ~ 20. Water Improvement No. 68-2 21. Water Improvement No. 68-3 22. Sanitary Sewer 68-1 I 23. Sanitary Sewer 68-2 ~ 24. County Road "C" 25. Cope Utilities 26. Water Improvement 24 27. Cope Street 28. Sanitary Sewer lA 29. Sanitary Sewer 3A 30. Water Improvement 69-1 31. Water Improvement 70-28 32. Sanitary Sewer 71-2 33. Water Improvement 73-1 it WHEREAS, there are certain minor errors and inconsistancies which the City wishes ' to correct; NOW, THEREFORE, BE IT HEREBY RESOLVED that the Council of the City of Maplewood j authorizes and directs the City Clerk to make such corrections and adjustments as are - deemed necessary; and BE IT FURTHER RESOLVED that a copy of this resolution shall be presented to the Ramsey County Department of Taxation as authority to make such corrections and adjust- I ments in the assessments hereinafter set out. ' 10. Change Order: Maryland Avenue Project 77-12 i Resolution No. 80-9-177 WHEREAS: 'j A. The City Council of the City of Maplewood has heretofore ordered made Improvement Project No. 77-12 and has let a construction contract therefor pursuant to Minn- a ~ - 3 - 9/4 esota Statutes Chapter 429. B. Said construction contract was awarded on a unit price basis for a total contractr price of $1,232,108.95. C. It is necessary and expedient that said contract be modified so as to include additional units of work, designated as Improvement Project No. 77-12, Contract Amendment 113, at the same unit price at a cost of $7,726.35, which additional amount does not exceed 25% of the original contract price. D. A Contract Amendment, attached hereto and incorporated herein by reference, has been presented to the Council for the purpose of effecting such modification. 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 with respect to Project No. 77-12, Contract Amendment 113, by executing said Contract Amendment. E -A AWARDS i;~ 1. Pedestrian Safety Award ~ a. Mr. Larry Putnam, District Manager of the Minnesota State American Automobile Association, presented Director of Public Safety Richard W. Schaller, represent- ing the City of Maplewood, the Pedestrian Safety Citation Award. G. AWARD OF BIDS 1. Gervais Avenue - Kennard Street to White Bear Avenue - Project 77-9 a. Manager Evans pesented the staff report. 'I b. Mr. Stan Wessin, owner of property to be benefited, expressed his concerns ~ regarding the needed right of way for the proposed street alignment. li c. Councilman Anderson moved to award the contract to ArCon Construction. Seconded by Mayor Greavu. Councilman Anderson withdrew his motion. I d. Mr. Geroge Rossbach, 1406 E. County Road C, questioned what portion of Gervais was to be improved and what was the status of Gervais west of Kennard Street. ~ e. Mayor Greavu introduced the following resolution and moved its adoption: 80-9-178 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the hid of ArCon Construction Company, Mora, Minnesota, in the amount of $550,863.75 is the lowest responsible bid for the construction of Gervais Avenue - Kennard to White Bear Avenue (Improvement Project 77-9), and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson Juker, Councilmen Anderson & Nelson. - 4 - 9/4 i Nay - Councilman Bastian. Mayor Greavu recessed the meeting at 7:59 P.M. to convene as the Maplewood Board of Adjustments and Appeals. Mayor Greavu reconvened the meeting at 8:13 P,M. H. UNFINISHED BUSINESS None. d j I. VISITOR PRESENTATIONS li None. I J. NEW BUSINESS i 1. Presentation of 1981 Budget a. Manager Evans presented the 1981 Budget with a request that Council establish meeting dates to discuss the budget. b. Councilman Anderson moved to establish the following meeting dates to discuss _ the budget: i + September 11, 1980 7:00 P.M. Council Chambers September 15, 1980 7:00 P.M. Hazelwood Fire ~ Station 1 Seconded by Councilman Bastian, Ayes - all. j ~ F. PUBLIC HEARING 2. Special Use Permit: 1954 Hazelwood Avenue - Northeast Metro Alano 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Northeast Metro Alano, Inc., to continue using a double bungalow at 1954 Hazelwood Avenue for Alanon, Alateen and Alcoholics Anonymous meetings. The Clerk noted the dates of publication and stated the hearing notice was found to be in order. b. Manager Evans presented the staff report. c. Director of Community Development presented the following Planning Commission recommendation: I'~ "Commissioner Kishel moved the Planning Commission recommend to the City Council approval of the special use permit for a non-profit meeting place for the North- east Metro Alano Society, based on the finding's that: 1. There is adequate off-street parking available. ~ i 2. The use is compatible with the Land Use Plan. Approval is subject to: ~ 1. Review by Council after one year of operation. If after one year no sub- stantial problems have arisen from the Alano Club, the permit may be renewed ~ - 5 - 9/4 _ _ for another five years. 2. The applicant shall provide the City with written permission from the church;-, approving the use of their parking lot. 3. Inspection by the Fire Marshal for compliance with Fire and Safety Codes. Commissioner Whitcomb seconded. Ayes - all." d. Mayor Greavu asked if anyone present wished to be heard, The following residents expressed their concerns: Mr. Orville DeMond, 1965 Prosperity Road ii Mr. Edward Hawthorne, 1967 Prosperity Road i e. Mayor Greavu moved to table until later in the meeting to enable the applicants to be present. Seconded by Councilman Anderson. Ayes - all. 3. Forfeiture of "Off-Sale" Liquor Bond - 1730 VanDyke - Party Time Liquors - 8:30 P.M. ~ a. Mayor Greavu convened the meeting for a public hearing regarding the for- feiture of the bond for the Party Time Liquor Store, 1730 VanDyke. b. Manager Evans stated staff recommends that the bond monies from forfeiture of bond by Marto, Inc. (Party Time Liugor) be placed in account 101-121-4640, Capital Outlay, Equipment, Other. These monies would then be used to purchase a. pack set radio for the Police Department's use. l~ c. Mr. Sig Stene, owner of Party Time Liquors, appeared before the Council to 'I answer questions. d. Mayor Greavu called for proponents. None were heard. I~ e. Mayor Greavu called for opponents. None were heard. ~ f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved Party Time Liquors pay $1,000 in cash in lieu of for- feiture of surety bond and that the monies be placed in account No. 101-121-4640 to purchase a pack set radio for the police department. Seconded by Councilperson Juker. Ayes - all. 2. Special Use Permit: 1954 Hazelwood Avenue - Northeast Metro Alano - 8:15 P.M. (continued) f. Mr, Charles Peterson, attorney representing Alano, spoke on behalf of the proposal and answered questions. g, Mayor Greavu closed the public hearing. h. Councilman Nelson introduced the following resolution and moved its adoption - 6 - 9/4 1 80-9-179 ' WHEREAS, the Council of the City of Maplewood, acting on its own initiative 'I as provided under Section 911.101 of the Municipal Code of the City of Maplewood, 1 for the property described as follows: 1954 Hazelwood Avenue which has been proposed for Special Use Permit. ~ WHEREAS, a public hearing was held on September 4, 1980 at 8:15 P.M. in the _ City Hall, notice thereof having been duly published in the official City news- - paper, and notice of said hearing having been mailed to all property owners of record within 300 feet of the area proposed for continued use of a double bungalow for meetings of Alanon, Alateen and Alcoholics Anonymous; and I ' WHEREAS, the City Planning Commission has made its recommendations; and I WHEREAS, it appears for the best interest of the public that said Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit for use of a double bungalow for meetings be granted, subject to the following conditions: i ' 1. Review by Council after one year of operation. If after one year no substantial problems have arisen from the Alano Club, the permit may be j renewed; ~ 2. The Applicant shall provide the City with written permission from the Church approving the use of their parking lot; 'I 3. Inspection by the Fire Marshal and compliance with Fire and Safety Codes. Seconded by Councilman Anderson. Ayes - all. J. NEW BUSINESS (continued) 2. Final Plans and Specifications - Beam Avenue a. Manager Evans presented the final plans and specifications for the above project. The proposed alignment for the sewer is considered to be the best balance between minimizing the present capital expenditure and maintaining flexibility for future utility and street construction. ~ It is recommended that the City Council approve the plans and specifications and authorize advertisement for bids. b. Councilman Anderson introduced the following resolution and moved its adoption: 80-9-180 WHEREAS, pursuant to resolution passed by the City Council on May 15, 1980, i plans and specifications for Beam Avenue, west of T.H. 61 (Improvement Project ~ 78-24) have been prepared by or under the direction of the City Engineer and he has presented such plans and specifications to the Council for approval. 1 i 'I - 7 - 9/4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published two times, at least 21 days before date set for Ii bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered, by the Council at the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a cer- ' tified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids and to tabulate the bids received. Advertisement for Bids 1 ~ Sanitary Sewer Improvements to Beam Avenue Area, West of T.H. 61 Maplewood, ~ Minnesota City Project No. 78-4 The City of Maplewood, Minnesota, will receive sealed bids for the construct of the following approximate quantities: iI 2,775 Lineal feet of 8" sanitary sewer 45 Lineal feet of 10" sanitary sewer !I 120 Lineal feet jacked 10" sanitary sewer and Miscellaneous paving and turf restoration. Bids will be received until 2:00 P.M. C.D.T. on the 7th day of October, 1980, at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place all bids will be publicly opened. ~ No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier's check or bid bond payable to the Clerk of the City ~ of Maplewood in the amount of five percent (5%) of the bid. Proposal forms, including specifications, are filed in the office of the City Engineer, located at 1902 East County Road "B", Maplewood, Minnesota, 55109. Co ies of the documents ma be obtained from Short-Elliott-Hendrickson, Inc., Y P Consultin En ineers, 222 East Little Canada Road, St. Paul, Minnesota, 55117, g g on deposit of the sum of Thirty Dollars ($30.00). /c/ Lucille E. Aurelius 'III City Clerk City of Maplewood, Minnesota Seconded by Councilman Nelson. Ayes - all. I i - 8 - 9/4 I _ _ _ - 1 3. Food Code --First Reading a. Manager Evans stated on June 21, 1979, the City of Maplewood and Ramsey County signed a contract relative to the Community Health Services Grant. Under ~ the terms of this contract, the City was to provide certain environmental health services in return for a monetary grant. One of the conditions stated in Section . 6 of the contract requires the City to execute an agreement with the Minnesota Department of Health in which the City accepts delegated authority from the State `i for the licensing and inspection of restaurants and places of refreshment. Prior to the signing of this agreement with the Minnesota Department of Health, the City must show a capability of conducting these inspections and have statutory authority to regulate and issue orders to these food establishments. The City of Maplewood currently does license the majority of these food establish- IiI ments, in its restaurant licenses, but has no comprehensive ordinance regulating their activities in respect to food handling and sanitation. I 'I b. Mr. Charles Schneider, Chief of Inspections, Minnesota State Health Department, I spoke on behalf of the proposed ordinance. c. Councilman Nelson moved first reading of an ordinance relating to food code. i ,i Seconded by Councilman Bastian. Ayes - Mayor Greavu, Councilmen Anderson, Bastian and Nelson. i Nays - Councilperson Juker. i 4. International Conference - Building Official 1 I a. Councilman Nelson moved to approve the training and travel application submitted by Building Official Marge Ostrom to attend the International Building : Conference in Alburquerque, tdew Mexico September 21 through 26, 1980.. Motion died for lack of a second. b. Mayor Greavu moved to deny the travel and training application submitted by the Building Official. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson Juker, Councilmen Anderson and Bastian. ~ Nays - Councilman Nelson. i K. COUNCIL PRESENTATIONS J 1. Health Inspector a. Councilman Anderson stated the report from the Health Officer was not what he expected. He explained what he wanted. 2. Council Presentations i a. Councilman Anderson questioned what happens to items that are requested i under Council Presentations. One item was Special Use Permit in R-1. b. Staff is preparing a report on the special use permit question. If staff 'i is instructed to take care of something, it is handled. ~ - 9 - 9/4 _ L. ADMINISTRATIVE PRESENTATIONS 1. Senior Citizens Deferment a. Mrs. Violet Peterson, 1765 Desoto Street 1. Manager Evans stated Ms. Violet Peterson, 1765 Desoto Street, is request- ing a Senior Citizen Deferment for her Diseased Tree assessment in the amount of $240.79. Submitted is her 1979 Property Tax refund return where she states her total income is $2,613.60 per year. 2. Councilman Anderson moved to approve a senior citizen deferment for Ms. Violet Peterson, 1765 Desoto Street for the Diseased Tree Improvement 79-6 assessment in the amount of $240.79. Property Code No. 57 01710 040 72. i Seconded by Councilman Bastian. Ayes - all. i b. Mr. William J. Gardner, 2480 Hazelwood Avenue 1. Manager Evans stated Mr. William J. Gardner, 2480 Hazelwood Avenue, is requesting a senior citizen deferment for his Deferred Water Improvement ~ 73-1 in the amount of $3,745.75. ~ Mr. Gardner has forwarded his income tax statement that was filed this year. He states a total income of $17,502.00 for 1979. Mr. Gardner also states j that he will be retiring at the end of this year. 2. No action taken. M. ADJOURNMENT 9:37 P.M. II l !1 l 2~ ~ G~~~~~-moo City Clerk I j 'I - 10 - 9/4