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HomeMy WebLinkAbout03-25-2002MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 25, 2002 Council Chambers, Municipal Building Meeting No. 02-06 A. B. C. D. E. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES Councilmember Collins moved to approve the City Council Minutes of February 25, 2002 meeting No. 02-05 as amended. Councilmember Juenemann asked that the Maplewood Toyota Conditional Use Permit Resolution contain verbiage about rebuilding of the pond and filtration gardens. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to approve the Council Workshop Minutes of February 25. 2002 as presented. Seconded by Councilmember Collins Ayes-All APPROVAL OF AGENDA M1. Cable Commission M2. Ban on Phosphates Councilmember Collins moved to approve the Agenda as amended. Seconded by Councilmember Juenemann Ayes-All F. APPOINTMENTS/PRESENTATIONS City Council Meeting 03-25-02 1 1. Resolution-Stephanie Sward Hometown Day City Manager Fursman read into the minutes the resolution honoring Stephanie Sward as an athlete and student. Councilmember Koppen moved to adopt the following resolution honoring Stephanie Sward: Resolution 02-03-046 Stephanie Sward Hometown Day WHEREAS, the City of Maplewood is actively concerned and involved in nurturing and supporting the educational and physical development and achievements of its natives and residents, and WHEREAS, the achievements academically and athletically of our native citizen Stephanie Sward are a source of great community pride and interest as she represents our hometown in the nation and at the University of Minnesota as an accomplished athlete and student, and WHEREAS, she will be especially honored during ceremonies at the University of Minnesota; and "Rainbow Foods Hometown Days" celebration of her achievements is representative of the recognition our City supports, THEREFORE, as Mayor of the City of Maplewood, Minnesota I hereby do ordain and declare the date of Apri128, 2002 as the official Stephanie Sward Hometown Day in the City of Maplewood. Proclaimed by the City Council of the City of Maplewood this 28th day of the month of April, 2002. Councilmember Wasiluk seconded Ayes-All G. CONSENT AGENDA Councilmember Koppen moved to approve the Consent Agenda as presented. 1. Approval of Claims ACCOUNTS PAYABLE $103,238.28 Checks #57136 thru #57141 dated 3/1 thru 3/4/02 $198,962.86 Checks #57142 thru #57202 dated 3/12/02 $112,347.02 Disbursements via debits to checking account dated 3/01 thru 3/11/02 $301,504.84 Checks #57203 thru #57256 dated 3/19/02 City Council Meeting 03-25-02 2 $184,793.01 Disbursements via debits to checking account dated 3/8 thru 3/18/02 $900,846.01 Total Accounts Payable PAYROLL $390,991.87 Payroll Checks and Direct Deposits dated 3/15/02 $29,671.84 Payroll Deduction checks #88302 thru #88308 dated 3/15/02 $420,663.71 Total Payroll $1,321,509.72 GRAND TOTAL 2. Planning Commission's 2001 Annual Report Accepted the Planning Commission's 2001 report. 3. Transfer to Close Fund for Lift Station No.9 Project Authorized staff to transfer $78,994.59 from the lift station No. 9 Proj ect to the Sewer Fund and to process the appropriate budget changes. 4. Transfer for 2001 Bond Issue Authorized staff to transfer $844,762.35 from the debt service fund for the 2001 Refunding Bonds to the debt service fund for the 1992 Refunding Bonds. 5. Transfer to Close Debt Service Fund for 1992 Tax Increment Bonds Authorized staff to transfer $11,109.18 from the debt service fund for the 1992 Tax Increment Bonds to the General Fund and approve the appropriate budget changes. 6. Purchase of 2002 Chevrolet Tahoe -Police Department Granted the Police Department permission to purchase a 2002 Chevrolet Tahoe for $27,493 to replace a 1995 Chevrolet Blazer. 7. Law Enforcement Block Grant Expenditure Account -Police Department Authorized an Expenditure Account for Law Enforcements Block Grant funds in the Police Department's 2002 Annual Budget. 8. Resolution to Maintain a Suburban Courthouse City Council Meeting 03-25-02 Adopted a resolution supporting the Maplewood Court or another court in suburban Ramsey County. Resolution 02-03-033 Resolution Supporting the Retention of the Suburban Court Located in Maplewood or Another Ramsey County Suburban Location WHEREAS the Maplewood Court provides excellent service to the law enforcement community and the citizens of Ramsey County; and WHEREAS the Maplewood Court provides convenience and adequate parking for the law enforcement community and residents of Ramsey County; and WHEREAS consolidation of all court services to downtown St. Paul would impact all suburban law enforcement officers and the citizens we serve; and WHEREAS the consolidation of all court services to downtown St. Paul would have an adverse impact on suburban police budgets and staffing levels; NOW, THEREFORE, BE IT RESOLVED thatthe Maplewood City Council supports the retention of a suburban court in Maplewood or another Ramsey County suburban community. LET IT ALSO BE RESOLVED that the Maplewood City Council recognizes the security and facilities issues that need to be corrected, and support is offered to correct those deficiencies. 9. International City Management Exchange Approved limited assistance ($500-$600) for City Manger Fursman's trip to Denmark and Sweden to participate in an International City management exchange trip. 10. Public Safety Communication Supervisor Benefits Adopted the change in benefits for the Public Safety Communications Supervisor with the City contribution to deferred compensation being retroactive to August 27, 2001. 11. Temporary Gambling-Presentation of the Blessed Virgin Mary -Spring Festival Adopted the following resolution approving the temporary gambling request for James Wilson for the Church of Presentation of the Blessed Virgin Mary: Resolution 02-03-034 Lawful Gambling Permit BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Presentation of Blessed Virgin Mary Church, 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, thatthe Maplewood City Council waives any objection to the timeliness City Council Meeting 03-25-02 4 of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Juenemann Ayes-All H. PUBLIC HEARINGS 7:00 Hillcrest Animal Hospital (1320 County Road D) A. Conditional Use Permit B. Design Approval a. City Manager Fursman presented the report. b. Assistant Community Development Director Ekstrand presented the specifics of the report. c. Commissioner Trippler presented the Planning Commission report from the March 4, 2202 meeting. d. Boardmember Olson presented the Community Design Review Board report from the March 12, 2002 meeting. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Dr. Jennifer Bouthilet, Hillcrest Animal Hospital, 1320 County Road D f Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution adopting a conditional use permit to build a new animal hospital that would be closer than 350 feet to a residential district at 1320 County Road D: Resolution 02-03-035 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Dr. Jennifer Bouthilet, of Hillcrest Animal Hospital, applied for a conditional use permit to construct a building in the M-1 (light manufacturing zoning district) closer than 350 feet to property zoned for residential. WHEREAS, this permit applies to the property on the southwest corner of Highway 61 and County Road D. The legal descriptions are: 1322 County Road D Legal Description City Council Meeting 03-25-02 SUBJECT TO HWY & ROAD: PART NLY OF A LINE BEG ON WL OF NW 1/4 OF SEC 3 183.55 FT S OF NW CORNER TO POINT ON CL OF HWY 61 323.36 FT SWLY FROM INT OF HWY 61 & NL OF SAID NW 1/4 & THERE TERMINATING AND EASTERLY OF LINE BEGINING ON SAID DESC LINE 183 FT SELY FROM WL OF SAID NW 1/4 TO POINT ON NL OF SAID NW 1/4 257.50 FT EAST OF SAID NW 1/4 CORNER & THERE TERMINATING IN SECTION 3, TOWNSHIP 29, RANGE 22 (PIN 03-29-22-22-0008) 1320 County Road D Legal Description SUBJECT TO ROAD: THE NORTH 223 FEET OF E 5 FEET AT N TO 15 FEET AT S OF N 741 FT OF SECTION 4, ALSO PART NLY OF A LINE BEG ON W L OF NW 1/4 OF SECTION 3 183.55 FT S NW CORNER TO POINT ON CENTERLINE OF HWY 61 323.36 FT SWLY FROM INT OF HWY 61 & NL OF SAID NW 1/4 & THERE TERMINATING AND WLY OF LINE BEG ON SAID DESC LINE 183 FT SELY FROM WL OF SAID NW 1/4 TO POINT ON NL OF SAID NW 1/4 257.50 FT E OF SAID NW 1/4 CO R & THERE TERMINATING IN SECTION 3, TOWNSHIP 29, RANGE 22 (PIN 03-29-22-22-0009) WHEREAS, the history of this conditional use permit is as follows: 1. On March 4, 2002, the planning commission recommended that the city council approve the conditional use permit for the proposed animal hospital. 2. The city council held a public hearing on March 25, 2002. 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 thatthe 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 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. City Council Meeting 03-25-02 6 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. This approval also includes the proposed future addition shown on the west side of the new hospital. 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. 4. The owner shall combine the two properties into one parcel for tax and identification purposes before the city issues a building permit. 5. The city and the owner shall agree to a plan for providing water to the site before the city issues a certificate of occupancy for the new hospital, subject to the fire marshal's approval. 6. There shall not be any outdoor storage unless the city council approves a conditional use permit for outdoor storage. 7. The applicant meeting all the conditions and plan changes required by the city engineer. 8. Applicant shall work with staff to add signage on the retaining wall. Seconded by Councilmember Koppen Ayes-All Councilmember Wasiluk moved to approve the plans date-stamped February 12, 2002 for the proposed Hillcrest Animal Hospital at 1320 County Road D. The owner shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Submit the following for staff approval before the city issues a building permit: a. Grading, drainage, utility and erosion control plans. The plans shall meet all the requirements of the city engineer. The utility plans shall provide a fire hydrant where the new driveway of the hospital meets County Road D. b. A site lighting plan showing the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the residents. 3. Submit revised plans for CDRB approval as follows: City Council Meeting 03-25-02 '7 a. The landscape plan shall include additional landscaping on the north and the east sides of the building (especially in front of the dog run) and the code-required screening on the west side of the parking lot and driveway. b. The retaining wall plan shall include the retaining wall shown with a minimum of a two-foot step or breaking in tiers with landscaping located above the tiers. Any wall that is more than four feet tall requires a building permit issued by the city. 4. Complete the following before occupying the building: a. Restore and sod damaged boulevards. b. Install ahandicap-parking sign for the handicap-parking space. a Install and maintain an in-ground sprinkler system for all landscaped areas. d. Stripe all customer parking spaces at a width of 9 1/2 feet and the employee spaces at 9 feet. 5. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. a The city receives an agreement that will allow the city to complete any unfinished work. 6. Signs are not part of this approval. The applicant shall apply for sign permits with staff. 7. This design approval does not include the future addition on the west side of the hospital. This addition must be approved by the city before the city issues a building permit for the addition. 8. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Collins Ayes-All 2. 7:15 P.M. Hillcrest Animal Hospital Water Main Improvement, Project 01-28: Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman introduced the staff report. b. Assistant City Engineer Cavett presented the specifics of the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None City Council Meeting 03-25-02 d. Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to reschedule the public hearing for April 22, 2002 to revise the feasibility study for the Hillcrest Hospital Water Main Improvement Project proposal. Seconded by Councilmember Wasiluk Ayes-All 3. 7:30 Maple Hills Lift Station Relocation, Project 02-4: Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman presented the staff report. b. Assistant City Engineer Cavett presented the specifics of the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Jay Mersen, Howard Green Company Carol Hackelman, 735 Larpenteur, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution ordering the improvement of the Maple Hills Sanitary Sewer Lift Station, City Project, 02-04: Resolution 02-03-036 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 11th day of March, 2002, fixed a date for a council hearing on the proposed Maple Hills Sanitary Sewer Lift Station Relocation, City Project 02-04, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 25, 2002, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood construct sanitary sewer main and relocate lift station No. 19 at the proposed Carriage Homes of Maple Hills development, City Project 02-04. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 25th day of March, 2002. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. City Council Meeting 03-25-02 g 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $234,080 shall be established. The proposed financing plans is as follows: Assessments (Developer) $151,232 Sanitary Sewer Fund $82,848 Total $234,080 Seconded by Councilmember Wasiluk Ayes-All 4. 7:40 Code Amendment-Outdoor Lighting Ordinance (first Reading) (4 Votes) a. City Manager Fursman presented the report. b. Assistant Community Development Director presented the specifics of the report. c. Boardmember Linda Olson presented the Community Design Review Board report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following outdoor-lighting ordinance amendment: ORDINANCE NO. 826 AN ORDINANCE AMENDING THE OUTDOOR-LIGHTING REQUIREMENTS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment changes Section 36-28(C)(1) as follows (additions are underlined and deletions are crossed out): (c) The developer of any project, other than single or double dwellings, shall do the following: ,.w......,.:a ....:,.~ ....,.....h:.,. (1) Install outdoor lighting according to the following requirements: a. Purpose and Intent The purpose and intent of the Outdoor Lighting Code is to create minimum standards for the City Council Meeting 03-25-02 10 design and installation of all outdoor lighting. These regulations are intended to reduce the problems created by improperly designed and installed outdoor li~htin~. It is intended to eliminate problems of Aare, minimize light trespass and help reduce the enemy and financial costs of outdoor lighting by establishing regulations that limit the area that certain outdoor luminaries illuminate. A purpose of the Outdoor Lighting Code is to set standards for outdoor lighting to enhance the reasonable use and enjoyment of all property within the city. It is the intent of the Outdoor Li~htin~ Code to encourage li~htingpractices that will reduce light pollution by reducin~p-light, Aare and over li~htin~ b. De£mitions. Direct Light: Light emitted directly from the lamp, off of the reflector or reflector diffuser or through the refractor or diffuser lens of a luminary% Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: housing, mounting bracket, pole socket, lamp holder, ballast, reflector. mirror and/or refractor or lens. Glare: Direct light emitted from a luminary with an intensity great enough to cause visual discomfort, eye fatigue, a reduction in a viewer's ability to see, or in extreme cases, momentary blindness. Grand fathered Luminaries: Luminaries not conforming to this Outdoor Lighting Code that were in place at the time this code took effect. Lamp: The component of a luminary that produces the actual light. ~Lipht Trespass: Light produced by a luminary that illuminates areas beyond the boundaries of the property on which it is located. Lumen: A unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of these regulations, the lumen-output values shall be the initial lumen output rating of the lames Luminary: This is a complete li~htin~system and includes a lamp or lamps and a fixture. Outdoor Lighting: The illumination of an outside area or object by any man-made device. This includes direct lighting for signs and light emitting from within a sign cabinet or sign structure. (10)Sluelded Lights: Outdoor luminary shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane of the luminary's opaque cover or shade. c. Control of Glare. All luminaries used for outdoor li~htin~ shall be designed and installed to have their lames reflector and reflector diffuser concealed from any residential area or public street. Luminaries mounted beneath canopies shall be aflush-mount type so that they do not extend beneath the lower surface of the canopy. City Council Meeting 03-25-02 11 Direct lighting used for the purpose of illuminating any sign shall be aimed or shielded to meet this requirement. d. Recreational Facilities. Li tins of outdoor recreational facilities, such as, but not limited to, ball fields, tennis courts, soccer fields, hockey or skating rinks, golf courses and golf-ball driving ranges and special event or play areas, shall meet the following conditions: All fixtures used for such lighting shall be shielded or aimed to comply with this ordinance as much as possible and be designed or provided with sharp cut-off capability to minimize up-light, light spillover and glare. This code recognizes that lighting of recreational facilities may require a certain amount of direct, outward lighting to illuminate a vast area. Recreational-facility lighting is prohibited after 10:30 p.m., unless a later completion time is approved by the city council. e. Grand fathering of Nonconforming Luminaries. Luminaries lawfully in place before the effective date of the outdoor-lighting ordinance shall be allowed to remain. Such luminaries, however, are not exempt from complying with the outdoor- l~hting ordinance that was in effect at the time of their installation. If fixtures are replaced as part of any construction requiring a buildingpermit, the fixture shall be upgraded to meet the requirements of this ordinance. £ Light Pole Height Maximum. The maximum height allowed for light poles shall be 25 feet. Taller light poles maybe installed to replace existing poles that exceed 25 feet and for athletic field or recreational lighting. The community design review board may allow taller light poles as part of a design review for nonresidential development, based on appropriateness for a specific proposal. Staff may review lighting plans under the "minor construction" provisions of Section 25-65 of the city code. & Photometric Plan Required. The developer of any recreational, multiple-dwelling or nonresidential development shall submit a photometric plan for review by the city when the property to be illuminated is abutting, across the street from or is near property used or planned for anytype of residential development. Specifically, this plan shall include: Site and architectural plans indicating the location of the types of luminaries proposed. A detailed description of the luminary, including manufacturer's catalog cuts and drawings including sections. A drawn plan that illustrates the light spread and foot-candle levels of the proposed luminaries. h. Light-Intensity Maximum. Outdoor lighting shall not exceed .4foot-candles of light intensity at the property lines on which City Council Meeting 03-25-02 12 the outdoor lights are installed. i. Licht Trespass. All outdoor lighting fixtures shall be designed, installed and maintained to prevent light trespass. Outdoor lighting fixtures shall be installed and maintained to prevent direct light from the luminary from hitting adjacent or nearby residential property. If such condition should occur, the luminary shall be replaced, redirected or shielded to have its light output controlled to eliminate light trespass or glare. Section 2. This amendment also adds Section 19-9(25) as follows (additions are underlined): Sec. 19-9. Same-Affecting peace and safety. The following are declared to be nuisances affecting public peace and safety: Lights on any building or property that annoy or cause a nuisance to neighboring property owner, occupant or resident. For the purpose of determining allowable lighting, the guidelines listed in Section 38-28(c~(1) shall apple. Section 3. This amendment also changes Section 25-68(x)(8) as follows (additions are underlined and deletions are crossed out): All persons required to submit building or remodeling plans under this article shall submit a community design review board application form and the following written materials, as applicable to the specific project and in sufficient quantities as determined by the board, to the community design review board: (a)(8) 'T'"°'^^^*~^^° ^F ^" °°*°~~^~'~^''*~^^ °*^^a^~a° A detailed photometric plan as required by the outdoor lighting requirements in Section 36-28. Section 4. This ordinance shall take effect after the city publishes it in the official newspaper. Seconded by Councilmember Koppen Ayes-All I. AWARD OF BIDS 1. Purchase of Soccer Lighting System-Hazelwood Park a. City Manager Fursman presented the staff report. Councilmember Collins moved to adopt the following three resolutions as prepared by the city attorney to purchase the Musco lighting systems via the city of Rogers for the separate field light systems: Resolution No. 02-03-037 RESOLUTION AUTHORIZING THE PURCHASE OF FIELD LIGHTS FOR HAZELWOOD PARK WHEREAS, the 2001 Capital Improvement Fund Budget includes $200,000 for the purchase and City Council Meeting 03-25-02 13 installation of athletic field lights at the Hazelwood Park fields in accordance with the city's park plan; and WHEREAS, the city of Rogers, in cooperation with the Elk River School District has initiated cooperative purchasing venture which includes an item for the cooperative purchasing of athletic field lights; and WHEREAS, the city of Maplewood may, through that cooperative venture, purchase athletic field lights for the two southern fields for $81,766. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood, Minnesota, that the purchase of athletic field lights and their installation through the city of Rogers Cooperative Purchasing Venture in the amount of $81,766 is hereby approved. Resolution No. 02-03-038 RESOLUTION AUTHORIZING THE PURCHASE OF FIELD LIGHTS FOR HAZELWOOD PARK WHEREAS, the 2001 Capital Improvement Fund Budget includes $200,000 for the purchase and installation of athletic field lights at the Hazelwood Park fields in accordance with the city's park plan; and WHEREAS, the city of Rogers, in cooperation with the Elk River School District has initiated cooperative purchasing venture which includes an item for the cooperative purchasing of athletic field lights; and WHEREAS, the city of Maplewood may, through that cooperative venture, purchase athletic field lights for the two northern fields for $68,548. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood, Minnesota, that the purchase of athletic field lights and their installation through the city of Rogers Cooperative Purchasing Venture in the amount of $68,548 is hereby approved. Resolution No. 02-03-039 RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT BE IT HEREBY RESOLVED, by the city of Maplewood, a Minnesota municipal corporation that the city of Maplewood is hereby authorized to enter into a Joint Powers Agreement pursuant to Minn. Stat. 471.59 (Joint Exercise of Powers) for the purchase of athletic field lights. Councilmember Juenemann seconded Ayes-All J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Intoxicating Liquor License Application - 5-8 Tavern & Grill - 2289 Minnehaha Avenue a. City Manager Fursman presented the report and the specifics of the report. City Council Meeting 03-25-02 14 b. The following person's were heard: James Emison, On-Site Manager of 5-8 Tavern and Grill, 2289 Minnehaha Avenue Councilmember Koppen moved to approve the intoxicating liquor license for 5-8 Tavern and Grill, 2289 Minnehaha Avenue. Councilmember Juenemann seconded Ayes-All 2. County Road D Improvements, City Project 01-15: A. Resolution Approving Plans and Advertising for Bids B. Resolution Ordering Preparation of Assessment Roll C. Resolution Ordering Assessment Hearing D. Resolution to Approve No Parking a. City Manager Fursman presented the report. b. Assistant City Engineer Cavett presented the specifics of the report. Councilmember Koppen moved to adopt the following resolution approving plans and advertising for bids for County Road D improvements, City Project 01-15: Resolution 02-03-040 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 28, 2002, plans and specifications for County Road D, from White Bear Avenue to McKnight Road, Project 01-15, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, and WHEREAS, the storm water pond proposed along the south side of County Road D provides design features that meet and exceed the intent of the city's NURP Pond Ordinance, and WHEREAS, the proposed road width of 28 feet does not meet city ordinance requirements but is required to calm traffic. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are 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 advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 am., on the 19th day of April, 2002, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. City Council Meeting 03-25-02 15 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 22, 2002. Seconded by Councilmember Juenemann Ayes-All Councilmember Koppen moved to adopt the following resolution Ordering Preparation of the Assessment Roll for County Road D Improvements, City Project 01-15: Resolution 02-03-041 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the construction of County Road D, City Project 01-15, and the said assessment is on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22°d day of April, 2002, at the city hall at 7:00 p. m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. Seconded by Councilmember Juenemann Ayes-All Councilmember Koppen moved to adopt the following resolution Ordering An assessment Hearing for County Road D improvements. Cit,~ Project 01-15: Resolution 02-03-042 REMOVING OVERLAY FROM ORDERED PROJECT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 14th day of January 2002, fixed a date for a council hearing on the proposed street and utility improvements on County Road D, between Hazelwood Street and McKnight Road, City Project 01-15. AND WHEREAS, the hearing was duly held on January 28, 2002. City Council Meeting 03-25-02 16 AND WHEREAS, the project included two phases, one east of White Bear Avenue to McKnight Road as a full reconstruction project, and one phase west of White Bear Avenue to Hazelwood Street. AND WHEREAS, the City Engineer was directed to prepare project plans for both phases of the improvement. AND WHEREAS, the City Engineer has reported that the phase west of White Bear Avenue to Hazelwood Street is probably not feasible as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That the improvement of County Road D between Hazelwood Street and White Bear Avenue is hereby removed from the project as ordered on the 28~' day of January 2002. 2. That it remains necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make street and utility improvements on County Road D, between White Bear Avenue and McKnight Road, City Project 01-15. 3. Such improvement, east of White Bear Avenue to McKnight Road, remains ordered as proposed in the council resolution adopted the 28th day of January 2002. Seconded by Councilmember Juenemann Ayes-All Councilmember Koppen moved to adopt the following resolution Approving No Parking for County Road D improvements. Cit,~ Project 01-15: Resolution 02-03-043 NO PARKING RESTRICTION COUNTY ROAD D IMPROVEMENT, PROJECT 01-15 WHEREAS, the City of Maplewood has approved the plans for the construction of County Road D from White Bear Avenue to McKnight Road. WHEREAS, the city will be expending Municipal State Aid (MSA Project 138-104-07) funds on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum width standard with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on both the north and the south side of County Road D from White Bear Avenue to McKnight Road at all times. Seconded by Councilmember Juenemann Ayes-All 3. Markham Pond Outlet Improvements, Project 02-02: Resolution Approving Preliminary City Council Meeting 03-25-02 17 Report and Calling Public Hearing a. City Manager Fursman presented the report. b. Assistant City Engineer Cavett presented the specifics of the report. Councilmember Koppen moved to approve the following resolution accepting the report and calling for a public hearing for 7:15 p.m., April 8, 2002, for the Markham Pond Outlet Improvements, Project 02-02: Resolution 02-03-044 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted January 11, 2002, a report has been prepared by the city engineering division with reference to the improvement of the Markham Pond Outlet and Utility Improvements, City Project 02-02, and this report was received by the council on March 11, 2002, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such storm pond outlet and utility improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $85,000. 2. A public hearing shall be held on such proposed improvement on the 25th day of March, 2002, in the council chambers of city hall at 7:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Wasiluk Ayes-All 4. Lift Station Number 2 Abandonment Improvement, Project 00-11: Approve Project Plans and Authorize Receipt of Bids a. City Manager Fursman presented the report. b. Assistant City Engineer Cavett presented the specifics of the report. Councilmember Juenemann moved to approve the following resolution approving project plans and authorizing the receipt of bids for the Lift Station Number 2 Abandonment Improvement Project, City Project 00-11: Resolution 02-03-045 APPROVING PLANS ADVERTISING FOR BIDS City Council Meeting 03-25-02 1 g WHEREAS, plans and specifications for the Lift Station Number 2 Abandonment Improvement, City Project 00-11, have been prepared by Howard R. Green Company, the city's consultant engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are 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 Bullerin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least three weeks before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m., on the 12th day of April, 2002, aY the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent 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 received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 22, 2002. 4. A budget adjustment of $65,600 is hereby approved from the Utility Fund to bring the total project cost to $265,600. Seconded by Councilmember Koppen Ayes-All 5. City Newsletter Advertising a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report Councilmember Koppen moved to approve the Policy Regulating Advertisements in City Publications. Seconded by Councilmember Collins Ayes-Councilmembers Wasiluk, Koppen, Juenemann and Collins Nays-Mayor Cardinal L. VISITOR PRESENTATIONS 1. Fran Grant-1848 McKnight Road, Maplewood-Ms. Grant expressed concerns with format changes in the Maplewood in Motion publication. 2. Diana Longrie-Kline-1778 Desoto, Maplewood-Ms. Longrie-Kline supported a directory format for the ads in the back of the Maplewood in Motion publication, and hoped ads for politics would be disallowed. 3. Linda Olson, 2005 E County Road C, Maplewood-Ms. Olson felt the Maplewood in Motion magazine should be a maximum of two colors and would like to see the city calendar brought back. City Council Meeting 03-25-02 19 M. COUNCIL PRESENTATIONS 1. Cable Commission-Councilmember Wasiluk noted that if an additional Councilmember will be needed for the Cable Commission advisory board, she would be willing to be an alternate for that seat. Councilmember Wasiluk would also like to see all cable franchise fees go to city parks. 2. Ban on Phosphates Councilmember Wasiluk asked if an ordinance could be adopted to ban certain phosphates. City Manager Fursman informed the council that staff is currently working on an ordinance and they would bring it to the council as soon as it is completed. N. ADMINISTRATIVE PRESENTATIONS 1. Council and Staff Retreat-The retreat will be held all day at the Gladstone Fire Station on April 3`d 2. Maplewood in Motion City Manager Fursman will take all the comments and feedback received into consideration before suggesting any changes to the current Maplewood in Motion format. O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 8:59 P.M. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 03-25-02 Zp