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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. City Council Meeting OS-13-02 9 *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. City Council Meeting OS-13-02 11 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