HomeMy WebLinkAbout05-13-2002MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, May 13, 2002
Council Chambers, Municipal Building
Meeting No. 02-09
A.
B.
C.
D.
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 Juenemann moved to approve the Minutes of the April 22. 2002 City
Council/Manager's Workshop as presented.
Seconded by Councilmember Collins
Ayes-Mayor Cardinal, Councilmembers
Collins, Juenemann, And Wasiluk
Abstain-Councilmember Koppen
Councilmember Wasiluk moved to approve the City Council Minutes of April 2002. Meeting 02-08, as
amended.
Seconded by Councilmember Juenemann
Ayes-Mayor Cardinal, Councilmembers
Collins, Juenemann, And Wasiluk
Abstain-Councilmember Koppen
E. APPROVAL OF AGENDA
G14. Temporary Gambling Permit Keller Golf Course
J2. Rescheduled
J3. Rescheduled
K2. Tabled
K8. Tabled
K2. RFP for Prosecution Services
M1. Scholarships
M2. Phosphorus Ordinance
M3. National Police Week
M5. Cable Commission Report
City Council Meeting OS-13-02
1
Councilmember Collins moved to approve the Agenda as amended.
Seconded by Councilmember Wasiluk Ayes-All
F. APPOINTMENTS/PRESENTATIONS
1. Civil Service Commission Appointment
Councilmember Collins moved to appoint Clayton Robinson to the Police Civil Service Commission.
The term for this vacancy expires December 31, 2002.
Seconded by Councilmember Wasiluk Ayes-All
2. Cable Commission Appointment
Councilmember Juenemann moved to appoint Kim Facile to the Ramsey-Washington Suburban
Cable Commission with the term ending December 31. 2004.
Seconded by Councilmember Collins Ayes-All
3. Ramsey County Library Representatives
a. Mayor Cardinal presented the staff report.
b. The following persons were heard:
Matthew Anderson, President, Ramsey County Library Board of Trustees
Catherine Moore, Vice-President, Ramsey County Library Board of Trustees
Sandy Walsh, Regional Manager, Maplewood Library
Councilmember Wasiluk moved to approve the following resolution:
RESOLUTION 02-OS-075
Ramsey County Library--City of Maplewood
WHEREAS, the City of Maplewood and its residents benefit from and appreciate the services an
resources provided by the Ramsey County Library; and
WHEREAS, approximately 16,324 of Maplewood residents are current Ramsey County Library
cardholders and even more benefit form the Library's programs and activities; and
WHEREAS, without sufficient resources, the Ramsey county Library would able t reduce its services
and accessibility to residents.
THEREFORE, the City of Maplewood hereby acknowledges its support for the Ramsey County
Library's 2003 request to maintain current levels of operation at its facilities.
Seconded by Councilmember Juenemann Ayes-All
City Council Meeting OS-13-02 2
G. CONSENT AGENDA
Councilmember Koppen moved to approve the Consent Agenda Items 1.2.4-12, and 14 as presented.
Seconded by Councilmember Wasiluk Ayes-All
Councilmember Collins moved to approved agenda item #3 as presented.
Seconded by Councilmember Koppen Ayes-All
Councilmember Koppen moved to approve agenda item #13 as presented.
Seconded by Councilmember Juenemann Ayes-All
1. Approval of Claims
ACCOUNTS
PAYABLE
$2,497.00 Checks #57538 thru #57539 dated 4/16/02
$15,317.26 Checks #57540 thru #57571 dated 4/23/02
$99,053.37 Disbursements via debits to checking account
dated 4/12 thru 4/22/02
$149,951.09 Checks #57572 thru #57632 dated 4/30/02
$207,842.90 Disbursements via debits to checking account
dated 4/19 thru 4/29/02
$617,272.00 Checks #57633 thru #57697 dated 5/3 thru
5/7/02
$143,223.68 Disbursements via debits to checking account
dated 4/26 thru 5/6/02
$1,235,157.30 Total Accounts Payable
PAYROLL
$477,191.13
$30,235.53
$507,426.66
$1,742,583.96
Payroll Checks and Direct Deposits dated
4/26/02
Payroll Deduction checks #88834 thru #88839
dated 4/26/02
Total Payroll
GRAND TOTAL
City Council Meeting OS-13-02 3
2. Retiree Health Saving Plan
Adopted the following resolution establishing Retiree Health Savings (RHS) plan: (2) authorized
the HR Director and City Manager to negotiate the details of the plan with specific provisions for
each interested employee group; and (3) authorized staff to execute the appropriate legal and
administrative agreements with the ECMA Retirement Corporation and Zenith Administrators,
Inc. to manage and administer the RHS plan.
RESOLUTION 02-OS-076
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
RESOLUTION FOR ADOPTION OF THE
VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN
Name of Employer: City of Maplewood State: Minnesota
Resolution of the City of Maplewood (the "Employer':
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a retirement health savings plan for such employees serves the
interests of the Employer by enabling it to provide reasonable security regarding such employees' health
needs during retirement, by providing increased flexibility in its personnel management system, and by
assisting in the attraction and retention of competent personnel; and
WHEREAS, the Employer has determined that the establishment of a retiree health savings plan to be
administered by the ICMA Retirement Corporation and/or its affiliates serves the above objectives; and
WHEREAS, the Employer desires that its retiree health savings plan (the "Plan") be administered by the
ICMA Retirement Corporation and/or its affiliates;
NOW, THEREFORE BE IT RESOLVED, that the Employer hereby adopts the Plan in the form of the
ICMA Retirement Corporation's VantageCare Retirement Health Savings Plan.
BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer
serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of
the Plan shall not be diverted to any other purpose.
BE IT FURTHER RESOLVED, that the Human Resource Director shall be the coordinator and
contact for the Plan and shall receive necessary reports, notices, etc.
3. Resolution of Appreciation-Eric Ahlness
Adopted the following resolution of appreciation for the resignation of Eric Ahlness from the
Maplewood Planning Commission:
RESOLUTION 02-OS-077
JOINT RESOLUTION OF APPRECIATION
City Council Meeting OS-13-02 4
WHEREAS, Eric Ahlness has been a member of the Maplewood Planning Commission
since December 11, 2000 and has served faithfully in that capacity to the present time; and
WHEREAS, the Planning Commission has appreciated his experience, insights and good
judgment and
WHEREAS, he has freely given of his time and energy, without compensation, for the
betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership, time and effort for the benefit
of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota and its citizens, that Eric Ahlness is hereby extended our heartfelt
gratitude and appreciation for his dedicated service, and we wish him continued success in the
future.
4. Correction of March 25, 2002 City Council Minutes
Deleted Condition 3b of the March 25, 2002 minutes of the Hillcrest Animal Hospital
reconstruction approval.
5. TSE, Inc. Gambling Resolution
Adopted the following resolution renewing the lawful gambling license for The Chalet Lounge
and Restaurant, 1820 Rice Street.
RESOLUTION 02-OS-086
Lawful Gambling
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the annual
permit for lawful gambling is approved for TSE, Inc. to operate at the Chalet Lounge, 1820 Rice Street.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness 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.
6. Contingency Funds-Meeting Tables for Council Chambers
Approved a transfer from contingency funds for 12 tables and a storage rack that will be
City Council Meeting OS-13-02
available for meetings held in Council Chambers.
Temporary Gambling-VFW Post 8901-Ramsey County Fair
Approved the application for atemporary gambling license for VFW Post 8901.
RESOLUTION 02-5-087
Temporary Gambling Permit
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
permit for lawful gambling is approved for VFW Post 8901, 1946 English Street, Maplewood,
Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness 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.
8. Temporary Food Permit-Fee Waiver-Maplewood Athletic Association
Approved the application for a temporary food permit and waive the permit fees for the
Maplewood Athletic Association.
9. Contingency Funds-Copier Replacement Deputy Registrar
Approved the replacement of the copier in the City Clerk Department and that funds be
transferred form the contingency account not to exceed $3,200 for the purchase.
10. Food Establishment Fee Reduction-Aldrich Arena
Approved the Food Establishment Licenses for the Aldrich Arena flea marketa and approved the
fees atone half of the $576 annual fee.
11. Safety Coordinator Position-Fire Department
Approved the position of safety coordinator in the Fire Department with a yearly stipend $600.
The $600 will be obtained within budget transfers within the Fire Department and will not affect
or increase the Fire Department 2002 budget.
12. Increase in New Recruit Pay-Fire Department
Approved an increase of starting pay for the fire departments new recruits from $5.00 per call to
$8.00 per call.
City Council Meeting OS-13-02 6
13. Funds for Capacitor at MCC
Approved monies from the community center's contingency fund to be used for installing a new
capacitor at the Maplewood Community Center.
14. National Investor Relations Institute-Temporary Gambling Permit
Approved the application for a temporary gambling permit for National Investors Relations
Institute (NIRI).
RESOLUTION 02-OS-088
Temporary Gambling Permit
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
permit for lawful gambling is approved for the National Investor Relations Institute (NIRI), 8020
Towers Crescent Drive, Vienna, Virginia.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness 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.
H. PUBLIC HEARINGS
1. 7:00 P.M. (7:26) Gladstone Park Addition
A. Land Use Plan Amendment-P (Park) to R-1 (Single Dwellings)
B. Vacations
C. Preliminary Plat
a. Mayor Cardinal convened the meeting for a public hearing.
b. Assistant Community Development Director Ekstrand presented the specifics of the report.
c. Parks and Recreation Director Anderson provided further specifics of the report.
d. Commissioner Ledvina presented the Planning Commission Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Peter Fischer, Parks and Recreation Board, 2443 Standridge, Maplewood
Bill Priebe, 1366 Eldridge Ave. E., Maplewood
Mayor Cardinal closed the public hearing.
City Council Meeting OS-13-02 '7
Councilmember Koppen moved to approve the following resolution approving the changes in land use
and vacation of properties for the proposed Gladstone Park Addition plat:
RESOLUTION 02-OS-078
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Bruce Anderson, representing the Maplewood Parks and Recreation Department,
proposed a change to the city's land use plan from P (park) to R-1 (single dwellings).
WHEREAS, this change applies to:
Lots 12-21, Block 20 and Lots 1-10, Block 21, all in Sabin Addition, together with adjacent vacated alleys
and streets, in Section 15, Township 29, Range 22, Ramsey County, Minnesota. (The property to be
known as Lots 1-7 of the proposed Gladstone Park Addition)
WHEREAS, the history of this change is as follows:
1. On April 15, 2002, the planning commission held a public hearing. The city staff published a hearing
notice in the Maplewood Review and sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing a chance to speak and present written statements. The
planning commission recommended that the city council approve this change.
2. On May 13, 2002, the city council discussed the proposed land use plan change. They considered
reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change
because it would:
1. Be consistent with the goals and objectives of the comprehensive plan.
2. Eliminate the planned park that would have been between two residential areas.
3. Be consistent with the proposed zoning and land uses.
4. Provide for orderly development of land uses.
5. Help minimize conflicts between land uses.
6. Provide additional moderately priced housing stock.
7. Allow for the construction of an in-fill residential housing development in the city.
RESOLUTION 02-OS-079
VACATION RESOLUTION
WHEREAS, the City of Maplewood applied for the vacation of the following:
The Burke Avenue right-of--way, between the east right-of--way line of English Street and the west line of
the former Northern Pacific railroad right-of--way (the Ramsey County Trail) as platted as part of Blocks
20 and 21, Sabin Addition in Section 15, Township 29, Range 22 West, Ramsey County, Minnesota.
2. The alley in Block 20 of the Sabin Addition between of the east right-of-way of English Street and the west
line of the former Northern Pacific railroad right-of--way (the Ramsey County Trail) in Section 15,
Township 29, Range 22 West, Ramsey County, Minnesota.
WHEREAS, the history of this vacation is as follows:
City Council Meeting OS-13-02
1. On April 15, 2002, the planning commission recommended that the city council approve these vacations.
2. On May 13, 2002, the city council held a public hearing. The city staff published a notice in the
Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the
hearing a chance to speak and present written statements. The council also considered reports and
recommendations from the city staff and planning commission.
WHEREAS, after the city approves these vacations, public interest in the property will go to the
following abutting properties:
1. For the Burke Avenue right-of--way, Lots 12 through 21, Block 20 and Lots 1 through 10, Block 21, Sabin
Addition. (PINS 15-29-22-22-0041 and 15-29-22-22-0042)
2. For the alley, Lots 7 through 11, Block 20, Sabin Addition (PIN 15-29-22-22-0040) and Lots 12 through
21, Block 20, Sabin Addition.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacations for the following reasons:
L It is in the public interest.
2. The existing street right-of--way does not fit the location of the proposed street layout.
3. The city will be dedicating a new right-of--way and new easements with the proposed plat.
1. The city council shall order the public improvement project for the Gladstone Park development.
2.* Have the city engineer approve final construction and engineering plans. These plans shall include
grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall show the lot
design and layout consistent with the preliminary plat.
3. Paying for costs related to the engineering departments review of the construction plans.
4. Change the plat to show the street as Burke Circle.
5. Secure and provide all required easements for the development including any off-site drainage and
utility easements.
6. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading.
7. Record the following with the final plat:
a. A covenant or deed restriction with the final plat that prohibits the driveways on Lots 1 and 7, Block
1 from going onto English Street.
b. An 18-foot-wide easement for the trail across the southern parts of Lots 5, 6 and 7.
The applicant shall submit the language for these covenants or restrictions to the city for approval before
recording.
If the developer decides to final plat a part of the preliminary plat, the director of community
development may waive any conditions that do not apply to the final plat.
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*The developer must complete these conditions before the city issues a grading permit or approves the
final plat.
Seconded by Councilmember Juenemann Ayes-All
I. AWARD OF BIDS
1. Maple Hills Lift Station Relocation, Project 02-04: Resolution for Award of Bids
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Collins moved to award the bid for the Maple Hills Lift Station Relocation, City Project
02-04 to Don Zappa and Son Excavating for $ 149,004.
Seconded by Councilmember Juenemann Ayes-All
2. Maplewood in Motion Printing Bid
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented the specifics of the report.
Councilmember Koppen moved to award the bid for the printing of Maplewood in Motion to Nystrom
Publishing in the amount of $38, 395.
Seconded by Councilmember Juenemann Ayes-All
J. UNFINISHED BUSINESS
1. County Road D Improvements, Project 01-15: Consider Adjustments to Assessment Roll
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Collins moved to approve the following resolution for the adoption of the revised
assessment roll for the County Road D Improvements:
RESOLUTION 02-OS-080
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on March 25, 2002, the assessment
roll for County Road D Improvements, City Project 01-15, was presented in a Public Hearing format, pursuant
to Minnesota Statutes, Chapter 429, and
City Council Meeting OS-13-02 10
WHEREAS, six property owners filed objections to their assessments according to the requirements of
Minnesota Statutes, Chapter 429, summarized as follows:
1. Helen Mehsikomer, 2205 E. Cty Rd D; requests senior citizen and future development deferment.
2. David Huebl, 2191 E. Cty Rd D; requests deferment on future development property.
3. Helen Dorle, 2091 E. Cty Rd D; requests senior citizen deferment.
4. Patricia A Parker and Laura T. Harper, 2075 E. Cty Rd D; requests future development deferment and
requests elimination of commercial property assessment.
5. MR Duncan Family Trust c/o Paul Hajicek, 2000 E. Cty Rd D; requests a review of water service
assessment due to connection ability on Ariel Street.
6. Leslie C and Lucille M Hause, 2090 E. Cty Rd D; are in Florida and just received this as first notice.
Object to the project as not needed. Object to commercial assessment. Request senior citizen
deferment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to
the assessment roll for the County Road D Improvements, Project 01-15:
1. Helen Mehsikomer, 2205 E. Cty Rd D; per agreement with property owner; remove the
assessment for 4 water/sewer frontage and service amounts and establish cash connection
charges to be collected at building permit due to unknown development potential.
2. David Huebl, 2191 E. Cty Rd D; per agreement with property owner, remove 1 unit of
utility assessment; establish cash connection charges; agree to pay assessment if future property
subdivision.
3. Helen Dorle, 2091 E. Cty Rd D; grant senior citizen deferment.
4. Patricia A Parker and Laura T. Harper, 2075 E. Cty Rd D; grant future development
deferment subject to agreement to be approved by City Engineer.
5. MR Duncan Family Trust c/o Paul Hajicek, 2000 E. Cty Rd D; grant removal of water
service assessment as not needed; establish cash connection fee if needed.
6. Leslie C and Lucille M Hause, 2090 E. Cty Rd D; grant future development deferment
subject to agreement to be approved by City Engineer. Deny request to remove commercial
assessment as property is on the market. Deny senior citizen deferment, as property is not
homestead as required by law.
B. The assessment roll for the County Road D Improvements as amended is hereby accepted, a copy of
which is attached hereto and made a part hereof. Said assessment roll shall constitute the special
assessment against the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment levied against it.
C. Such assessments shall be payable in equal annual installments extending over a period of 15 years,
the first installments to be payable on or before the first Monday in January 2003 and shall bear
interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2002. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
D. The owner of any property so assessed may, at any time prior to certification of the assessment to the
county auditor, but no later than July 31, 2002, pay the whole of the assessment on such property,
with interest accrued to the date of the payment, to the city clerk, except that no interest shall be
charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they
may, at any time after July 31, 2002, pay to the county auditor the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 15 or interest will be charged through December 31
of the next succeeding year.
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E. The city engineer and city clerk shall forthwith after July 31, 2002, but no later than August 31,
2002, transmit a certified duplicate of this assessment to the county auditor to be extended on the
property tax lists of the county. Such assessments shall be collected and paid over the same manner
as other municipal taxes.
Seconded by Councilmember Juenemann Ayes-All
2. Gladstone South Neighborhood Street Improvements, Project 0-03: Revise Date for Assessment
Hearing, Bid Opening and Award of Bids
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Juenemann moved to approve the following resolution approving revising the bid
opening to May 14, 2002, and the assessment hearing and award of contract to May 20, 2002, for the
Gladstone South Neighborhood Street Improvements. Project 00-03:
RESOLUTION 02-OS-081
APPROVING REVISED BID OPENING DATE
APPROVING REVISED ASSESSMENT HEARING DATE
APPROVING REVISED AWARD OF BID CONSIDERATION
WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 7, 2002,
was set for opening of bids for the Gladstone South Neighborhood Street Improvement Project, Project 00-03,
and
WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 13, 2002,
was set to hold the assessment hearing for the Gladstone South Neighborhood Street Improvement Project,
Project 00-03, and
WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 13, 2002,
was set to consider the bids for the Gladstone South Neighborhood Street Improvement Project, Project 00-03,
and
WHEREAS, a clerical error occurred such that legal notice as required by resolution did not occur for
proper notification of said items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Bids will be publicly opened and considered at 10:00 am. on the 14th day of May, 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.
2. 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 May 20, 2002.
City Council Meeting OS-13-02 12
3. A hearing shall be held on the 20th day of May, 2002, at the city hall at 6:45 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.
Seconded by Councilmember Wasiluk Ayes-All
3. English Street Improvements, Project 01-14: Revise Date for Assessment Hearing, Bid Opening
and Award of Bids
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Juenemann moved to approve the following resolution approving revising the bid
opening to May 10, 2002, and the assessment hearing and award of contract to May 20, 2002 for
English Street Improvements, Project 01-14:
RESOLUTION 02-OS-082
APPROVING REVISED BID OPENING DATE
APPROVING REVISED ASSESSMENT HEARING DATE
APPROVING REVISED AWARD OF BID CONSIDERATION
WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 3, 2002,
was set for opening of bids for English Street Improvements, Frost Avenue to Cope Avenue, Project 01-14, and
WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 13, 2002,
was set to hold the Assessment Hearing for English Street Improvements, Frost Avenue to Cope Avenue,
Project 01-14, and
WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, a date of May 13, 2002
was set to consider the bids for English Street Improvements, Frost Avenue to Cope Avenue, Project 01-14, and
WHEREAS, a clerical error occurred such that legal notice as required by resolution did not occur for
proper notification of said items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
City Council Meeting OS-13-02 13
1. Bids will be publicly opened and considered at 10:00 am. on the 10th day of May, 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.
2. 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 May 20, 2002.
3. A hearing shall be held on the 20th day of May, 2002, at the city hall at 6:30 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.
Seconded by Councilmember Wasiluk Ayes-All
K. NEW BUSINESS
1. 2003-2007 Capital Improvement Plan (4 Votes)
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented the specifics of the report and a video of the proposed plan.
Councilmember Koppen moved to adopt the following resolution adopting the 2003-2007 Capital
Improvement Plan:
RESOLUTION 02-OS-083
CAPITAL IMPROVEMENT PLAN
WHEREAS, the 2003-2007 Capital Improvement Plan coordinates the timing and financing of major
equipment purchases and construction projects, and
WHEREAS, the 2003-2007 C.LP. is a planning tool for City staff and elected officials, and
WHEREAS, it is important to follow the construction and financing schedule on pages 1-10 and 1-11 in
the C.LP. in order to fully utilize the City's engineering staff and minimize the need for consultant engineers,
and
NOW THEREFORE, BE IT RESOLVED, that the 2003-2007 C.LP. is hereby adopted as aplanning
document, and
BE IT FURTHER RESOLVED, the construction and financing schedule on pages 1-10 and 1-11 in the
C.LP. will be followed to the greatest extent possible.
Seconded by Councilmember Juenemann Ayes-All
2. RFP-Prosecution Services
a. City Manager Fursman presented the staff report and presented the specifics of the report.
City Council Meeting OS-13-02 14
Mayor Cardinal moved to continue prosecution services for the remainder of the year with Kelly &
Fawcett and in a couple of years look at the possibility of conducting another Request for Proposal
(RFP). City Manager Fursman is to work with Kelly & Fawcett to adopt a fee schedule for services
rendered.
Seconded by Councilmember Juenemann Ayes-All
3. Allocation of Charitable Gambling Funds
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented the specifics of the report.
Councilmember Collins moved to approve $4,400 in charitable gambling funds be allocated to
Maplewood Historical Society.
Seconded by Councilmember Wasiluk
Ayes-All
Councilmember Wasiluk moved to approve $30,000 in charitable gambling funds be allocated to Non-
profit/501 (c3) room rental at the Maplewood Community Center.
Seconded by Mayor Cardinal
Ayes-Mayor Cardinal, Councilmembers
Koppen, Juenemann, Wasiluk
Nays-Councilmember Collins
Councilmember Collins moved to approve $5,000 in charitable gambling funds be allocated to Weaver
Elementary School.
Seconded by Councilmember Wasiluk
Ayes-All
Councilmember Koppen moved to approve $4,500 in charitable gambling funds be allocated to the
Ramsey Coun , Fair.
Seconded by Councilmember Wasiluk
Ayes-All
Mayor Cardinal moved to deny $3,000 in charitable gambling funds to the Maplewood Police
Reserves.
Seconded by Councilmember Collins
Ayes-Mayor Cardinal, Councilmember
Collins, Wasiluk Juenemann
Nays-Councilmember Koppen
Councilmember Collins moved to approve $4.000 in charitable ~amblin~ funds be allocated to the
Maplewood Police Explorers.
Seconded by Councilmember Juenemann
Ayes-All
Councilmember Koppen moved to approve $5.000 in charitable ~amblin~ funds be allocated to the
Citizen Police Academy. Funds are to be used if needed to pay for room rental at the Community
Center.
City Council Meeting OS-13-02 15
Seconded by Councilmember Juenemann Ayes-All
4. Request to Reduce City Fee for Rental Housing Revenue Bonds
a. City Manager Fursman presented the staff report.
b. Finance Director Faust presented the specifics of the report.
Councilmember Collins moved to deny the request from Lexington Investment Company to reduce the
city fee on rental housing revenue from $28,600 to $7,500.
Seconded by Councilmember Juenemann Ayes-All
5. 2002 Park Dedication Rates
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented the specifics of the report.
a The following person was heard:
Peter Fischer, Parks and Recreation Chairperson
Councilmember Koppen moved to increase the park dedication rates to $450 per individual with the
rates extrapolated as per the enclosure and the commercial rate remain at nine percent of the fair market
value.
Seconded by Councilmember Wasiluk Ayes-All
6. Name for Neighborhood Open Space Preserves
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented the specifics of the report.
Councilmember Juenemann moved to adopt the names for the Maplewood Neighborhood Preserves as
recommended by the Parks and Recreation Commission.
Seconded by Councilmember Wasiluk Ayes-All
Ripley Avenue Improvements, Project 99-12: Revise Project Budget
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Collins moved approve the following resolution modifying the project budget and
authorize the budget transfer of $22.500 form the street construction/state aid fund. Fund 404:
City Council Meeting OS-13-02 16
RESOLUTION 02-OS-084
REVISE PROJECT SCOPE AND BUDGET
WHEREAS, on July 26,1999, the City Council approved a budget of $170,000 for the Ripley Avenue
project, from White Bear Avenue to Van Dyke Street, and
WHEREAS, competitive bids were received by the city for sidewalk construction, and
WHEREAS, sidewalk construction was not part of the original scope or budget of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The City Engineer is directed to revise the project scope to include sidewalk on Ripley
between White Bear Avenue and North St. Paul Road.
2. The Finance Director is hereby authorized to transfer $22,500 from the Street
Construction State Aid fund, fund 404 to the project fund for the construction of sidewalk
along Ripley Avenue between White Bear Avenue and North St. Paul Road.
Seconded by Councilmember Juenemann Ayes-All
8. Organized Collection Update--Tabled
9. County Road D Improvements, Project 01-15: Joint Powers Agreement with North St. Paul for
Water Main Improvement Expenses
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Wasiluk moved to adopt the following Joint Powers Agreement with North St. Paul
and direct the Mayor and City Manager to enter into the agreement with the City of North St. Paul:
JOINT-POWERS AGREEMENT
City of Maplewood/City of North Saint Paul
Watermain Improvements -County Road D
THIS JOINT-POWERS AGREEMENT made and entered in this 13~' day of May, 2002, by and between
the City of Maplewood, Ramsey County, Minnesota, and the City of North Saint Paul, Ramsey County,
Minnesota.
WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the provision of
Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the governmental
powers and functions each has individually; and,
WHEREAS, the City of Maplewood is constructing improvements to County Road D from White Bear
Avenue to McKnight Road, City Project 01-15, and wishes to extend municipal water services to properties not
currently served by municipal water; and,
City Council Meeting OS-13-02 17
WHEREAS, the City of North Saint Paul, by previous agreement, owns and operates the municipal
water system that serves this project area, and,
WHEREAS, the City of North Saint Paul wishes to enhance their water system by constructing a
watermain loop from County Road D to Woodlyn Avenue; and,
WHEREAS, the City of Maplewood has, through its consulting engineer URS Corporation, prepared
final plans and specifications for said improvements; and,
WHEREAS, the City of Maplewood has solicited competitive bids for construction of said
improvements and awarded a construction contract to T.A. Schifsky and Sons, Inc.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to wit:
1. The City of Maplewood will construct the watermain improvements as part of City Project O 1-15 as
shown in Exhibit 1.
2. The City of Maplewood will pay for the cost to extend watermain along County Road D to serve
properties not currently served by municipal water.
3. The City of North Saint Paul will, upon invoice from the City of Maplewood, reimburse the City of
Maplewood for the total cost to construct the watermain from County Road D to Woodlyn Avenue.
The total cost, based on the contractor's bid and quantity estimates prepared by URS Corporation, is
$43,807 and includes:
Construction $36,506
Engineering (20%) $ 7.301
Total $43,807
This cost does not include the cost to provide water service to the Bruentrup Farm. The City of
North Saint Paul shall pay the City of Maplewood within 30 days of receipt of the invoice.
4. The City of Maplewood and the City of North Saint Paul agree to indemnify each other and hold
each other harmless from any and all claims, causes of action, lawsuits, judgments, charges,
demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys'
fees and costs and expenses connected therewith, arising out of or resulting from the failure of either
party to satisfy the provisions of this agreement or for damages caused to other parties as a result of
the manner in which the City of Maplewood or the City of North Saint Paul perform or fail to
perform duties imposed on each party by the terms of this agreement.
5. This agreement shall remain in full force and effect until terminated by mutual agreement of the City
of Maplewood and the City of North Saint Paul or by an independent arbitrator in the event that
there is not a neutral agreement.
City Council Meeting OS-13-02 1 g
6. It is agreed that, except as specifically provided hereby the execution of this agreement, neither party
relinquishes any rights or powers possessed by it, neither party is relieved of any responsibility, duty
or obligation imposed on it by law or regulation.
7. Data Practices:
a. The City of Maplewood and the City of North Saint Paul agree to comply with the Minnesota
Data Practices Act and all other state and federal laws relating to data privacy or
confidentiality;
b. The City of Maplewood and the City of North Saint Paul will immediately report to each
other any requests from third parties for information relating to this Agreement.
a The City of Maplewood and the City of North Saint Paul agree to promptly respond to each
other's inquiries concerning data requests.
8. Arbitration of Disputes: Any controversy claim arising out of or relating to this Agreement or
breach thereof shall be settled by arbitration in accordance with the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective duly authorized representatives.
Seconded by Councilmember Juenemann Ayes-All
L. VISITOR PRESENTATIONS
1. Char Wasiluk-1740 Frank, Maplewood, Wasiluk presented history on Fishers Corners.
2. Ann Cleland-1308 Cope Ave. E, Maplewood, conveyed her disappointment with a sidewalk
being installed on Cope Avenue.
3. Edward Spies-1631 County Road B East, Maplewood, requested a different backstop be installed
at the John Glen Ball Field.
Councilmember Juenemann moved to direct staff to work with Parks and Recreation and the
City Attorney to work out a satisfactory resolution.
Councilmember Wasiluk seconded. Ayes-All
4. Ann Cleland-Second Appearance-Mayor Cardinal asked staff to revisit the placement of the
sidewalk on Cope Avenue.
City Council Meeting OS-13-02 19
M. COUNCIL PRESENTATIONS
1. Scholarships-The 622 Scholarship Initiative is in the process of forming a board of directors and
to consolidating all applications for scholarships. Their neat meeting will be held on June 13~' at
Sergeant Peppers (1285 Century Avenue North), at 11:30 a.m.
9:57 p.m. Councilmember Juenemann moved to extend the city council meeting until
completion.
Seconded by Councilmember Wasiluk Ayes-All
2. Phosphorus Ordinance-Councilmember Wasiluk feels the city needs to implement an ordinance
about the use of phosphorus fertilizers.
3. National Police Week, May 12-18-Councilmember Juenemann reminded citizens to let Police
Officers know you appreciate them!
4. Cable Commission Report-Councilmember Koppen noted one of the main issues at the last
meeting was the attempt at rule changes that would no longer allow charging a franchise fee for
high speed Internet services which is the fastest growing revenue source for the Cable
Commission.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Councilmember Collins moved to adjourn the meeting at 10:30 P. M.
Seconded by Mayor Cardinal
Ayes -All
City Council Meeting OS-13-02 2p