HomeMy WebLinkAbout12-09-2002MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 9, 2002
Council Chambers, Municipal Building
Meeting No. 02-27
A.
B.
C.
D.
E.
F
G.
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
1. Council/Manager Workshop-November 25, 2002
Councilmember Collins moved to approve the CounciUManager Workshop Minutes of
November 25. 2002 as amended.
Seconded by Councilmember Juenemann Ayes-All
2. City Council Meeting No.02-25-November 25, 2002
Councilmember Wasiluk moved to approve the City Council Minutes of meeting as amended.
Seconded by Councilmember Juenemann Ayes-All
APPROVAL OF AGENDA
Councilmember Collins moved to approve the Agenda as presented.
Seconded by Councilmember Koppen Ayes-All
APPOINTMENT S/PRESENTATIONS
None
CONSENT AGENDA
After staff explanation of agenda items 2, 3, 4, and 10, Councilmember Koppen moved to
approve the consent agenda as presented.
city council 12-09-02
Seconded by Councilmember Juenemann Ayes-All
1. Approval of Claims
ACCOUNTS
PAYABLE
$84,601.54 Checks #59468 thru #59537 dated 11/22 thru
11/26/02
$3,432,294.85 Disbursements via debits to checking account
dated 11/15 thru 11/22/02
$556,072.10 Checks #59538 thru #59587 dated 12/3/02
$9,162,244.68 Disbursements via debits to checking account
dated 11/25 thru 11/29/02
$13,235,213.17 Total Accounts Payable
PAYROLL
$399,725.99 Payroll Checks and Direct Deposits dated
11/22/02
$23,731.75 Payroll Deduction checks #91512 thru #91516
dated 11/22/02
$423,457.74 Total Payroll
$13,658,670.91 GRAND TOTAL
2. Designation of Washington County Bank as Depository
Adopted the following resolutions to designate Washington County Bank as a depository:
RESOLUTION 02-12-175
RESOLUTION DESIGNATING WASHINGTON COUNTY BANK
AS DEPOSITORY
BE IT RESOLVED, that Washington County Bank is hereby designated as
depository for demand and time deposits of the City of Maplewood, and
BE IT FURTHER RESOLVED, that an agreement is hereby approved with
Washington County Bank for checking account services based upon the terms in their
proposal, and
BE IT FURTHER RESOLVED, that funds deposited in said bank maybe
withdrawn by check when signed by the signature, or by the facsimile signature, of the
Mayor, City Manager, and Finance Director, and
BE IT FURTHER RESOLVED, that funds in said bank maybe wire transferred
at the request of the Finance Director or Assistant Finance Director, and
city council 12-09-02
BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the
amount of F.ALC. insurance covering such deposits unless collateral or a bond is
furnished as additional security, and
BE IT FURTHER RESOLVED, that this depository designation shall be effective
on December 10, 2002 and continue to be effective until a new depository is designated.
02-12-184
CORPORATE BANKING RESOLUTION
RESOLVED, that the Washington County Bank, N.A. at any one or more of its
offices or branches, be and is hereby designated as a depository for the funds of this
Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other
orders for the payment of monies bearing the following appropriate number of signatures:
Any three (3) ofthe following named officers or employees of this Corporation ("Agents")
listed below:
Robert J. Cardinal, Mayor of City of Maplewood
Richard Fursman, City Manager of City of Maplewood
Daniel F. Faust, Finance Director of City of Maplewood
And that the Washington County Bank, N.A. shall be and is authorized to honor and pay
the same whether or not they are payable to bearer or to the individual order of any Agent
or Agents signing the same.
FURTHER RESOLVED, that the Washington County Bank, N.A. is hereby directed
to accept and pay without further inquiry any item drawn against any of the Corporation's
accounts with the Washington County Bank, N. A. bearing the signatures of its Agents, as
authorized above or otherwise, even though drawn or endorsed to the order of any Agent
signing or tendered by such Agent for cashing or in payment of the individual obligation of
such Agent or for deposit to the Agents personal account, and the Washington County
Bank, N.A. shall not be required or be under any obligation to inquire as to the
circumstances of the issue or use of any item signed in accordance with the resolutions
contained herein, or the application or disposition of such item or the proceeds of the item.
FURTHER RESOLVED, that any one of such Agents is authorized to endorse all
checks, drafts, notes and other items payable to or owned by this Corporation for deposit
with the Washington County Bank, N.A., or for collection or discount by the Washington
County Bank, N.A.; and to accept drafts and other items payable atthe Washington County
Bank, N.A.
FURTHER RESOLVED, thatthe above named agents are authorized and empowered
to execute such other agreements, including, but not limited to, special depository
agreements and arrangements regarding the manner, conditions, or purposes for which funds,
checks, or items of the Corporation may be deposited, collected, or withdrawn and to
perform such other acts as they deem reasonably necessary to carry out the provisions of
these resolutions. The other agreements and other acts may not be contrary to the provisions
contained in this resolution.
FURTHER RESOLVED, that the authority hereby conferred upon the above named
city council 12-09-02
Agents shall be and remain in full force and effect until written notice of any amendment or
revocation thereof shall have been delivered to and received by the Washington County
Bank, N.A. at each location where an account is maintained. The Washington County Bank,
N.A. shall be indemnified and held harmless from any loss suffered or any liability incurred
by it in continuing to actin accordance with this resolution. Any such notice shall not affect
any items in process at the time notice is given.
3. Assessments for Unpaid Ambulance Bills for 2000-2002
Adopted the following resolution to certify $20,231.20 of unpaid ambulance bills as
special assessments for collection with 2003 property taxes with interest at the rate of
eight percent on the total amount for one year:
RESOLUTION 02-12-176
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the attached ambulance service charges totaling $20,231.20
for collection with the taxes of said property owner for the year 2002, collectible in 2003
with interest at the rate of eight percent (8%) on the total amount for one year.
4. Write Off Uncollectible Ambulance Bills for 2000
Approved staff request to write off $170,212.10 in uncollectible 2000 ambulance bills.
5. Revise the 2002 Overtime Budget for Engineering
Approved a budget adjustment of $22,000.00 from engineering revenue to the
engineering operating budget to pay for additional overtime.
6. Street Vacation Resubmission-Cope Avenue/Duluth Street
Adopted the following resolution to correct and replace the original resolution 89-2-89:
RESOLUTION 02-12-177
WHEREAS, the City of Maplewood did meet and pass Resolution 89-2-26 on Feb. 27,
1989 as initiated by City of Maplewood; whereas the City of Maplewood filed said
resolution with the Recorder of Deeds, Ramsey County, Minnesota as Vacation
Document #900316 with full intention of retaining sufficient utility and drainage rights
upon said benefited abutting and adjacent properties; whereas said resolution was written
and worded is such fashion as to not clearly convey the intent by the City, and an
amended version is herewith submitted to correct and clarify the original submission.
STREET VACATION RESOLUTION
WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in
the following property:
The Cope Avenue right-of--way between the west right-of-way line of Atlantic
Street and the Center line of Duluth Street and the East 30 feet of the Duluth Street right-
of-way lying south of the Center line of Cope Avenue to a point 167 feet south thereof in
city council 12-09-02
Section 09, Township 29, Range 22 West.
WHEREAS, the procedural history of this vacation is as follows:
1. This vacation was reviewed by the Planning Commission on February 6,
1989. The Planning Commission recommended to the City Council that this vacation be
approved.
2. The City Council held a public hearing on February 27, 1989, to consider
this vacation. Notice thereof was published and mailed pursuant to law. All persons
present at this hearing were given an opportunity to be heard and present written
statements. The council also considered reports and recommendation of the City Staff
and Planning Commission.
3. After ratification by City Council, the clerk did cause said resolution to be
filed with the Ramsey County Land Records as Vacation Document #900316.
4. It is discovered that said vacation resolution 89-2-26 did contain errors in
descriptions and in retention for public purposes in the Duluth Street alignment.
WHEREAS, upon vacation of the above-described street, public interest in the property
will accrue to the following describe abutting properties:
PIN 092922420009 -Subj to Rds & Esmts; The W 110 ft of Blks 14 & 17 & E
240 ft of Blks 15 & Blk 16. PIN 092922410017 -Subj to Hwy; The E 290 ft of W 400 ft
of Blks 14 & 17. PIN 092922410018 -Subj to Rd; The S 200 ft of E 260 ft of Blk 14.
PIN 092922440158 -Vac Alley & Sts Accruing & Lots 16 thru Lot 30 Blk 11. All in
Clifton Addition, Section 09, Township 29 Range 22 West, Ramsey County, Minnesota
NOW THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that it is in the public interest to grant the above described vacation on the basis of the
following findings of fact:
1. The City has no plans to improve these streets.
2. The adjoining properties have adequate street access.
3. These street segments are not needed for area traffic circulation or emergency
vehicle access.
4. The properties can be better maintained and used if returned to private
ownership.
city council 12-09-02
This vacation is subject to the following:
1. Retention for public utility and drainage purposes the North thirty feet of Cope
Avenue and the North 15 feet of the south one half of Cope Avenue from the
West Right of Way line of Atlantic Street to the Center line of Duluth Street.
2. Retention for public utility and drainage purposes the west 15 feet of the east
one half of the Duluth Street Right of Way from the Centerline of Cope Avenue
to a point one hundred sixty seven feet south thereof.
Conditional Use Permit Review-Menards (2280 Maplewood Drive)
Approved the renewal of the conditional use permit again in one year for Menards at
2280 Maplewood Drive.
8. Conditional Use Permit Review-Rose/Rice Auto Sales (1908 Rice Street)
Approved to review the conditional use permit for Rose/Rice Auto again in April, 2003
to check the status of the application obtaining the necessary cross easement for runoff.
If the applicant has obtained this easement by that time, this permit shall e reviewed
again in December 2003 to check applicant's prepress on drainage plan implementation.
9. Conditional Use Permit Review-Affordable Auto Sales (1930 Rice Street)
Approved to review the conditional use permit for the used motor vehicle sales business
at 1930 Rice Street again only if a problem arises or if the owner proposes a major
change to the site.
10. Non-Union Retiree Health Savings Plan Revision
Revised the Non-Union Retiree Health Savings plan as described in the attached
document.
G. PUBLIC HEARINGS
1. 7:00 p.m. Public Hearing on Proposed 2003 Budget and Tax Levy
a. City Manager Fursman presented the staff report and presented specifics from the report.
b. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Jerry Markie, 1247 Leland Road, Maplewood
a Mayor Cardinal closed the public hearing.
d. Mayor Cardinal read the following message into the minutes:
city council 12-09-02
We should determine between needs and wants. For example, some of my neighbors have said
to me "look in your own backyard, Cardinal". These seven houses back to back all have need
for a deck. Eight out of fourteen houses in total. Eight out of the fourteen have decks, and have
been built sometime in the last three years. The other houses do not have decks. Listen
Cardinal, I want a deck but like the other houses, I have delayed that from happening because of
the cost of spending, the economy and lack of funds. I want a deck and eventually we will have
that deck.
Adjust budget needs is foremost on my mind. That happens to be the city manager's job. I will
not and the council should not micro manage. As needs have appeared and been presented, it is
necessary to acknowledge and act. I will continue to listen and respond. What I hear over and
over again is that the problem is not the budget, and services should not be cut. What I do hear
is the problem is spending. Limits are needed to be placed as limited resources are available. I
will not at this time place an unnecessary burden on resident and property owners. My
suggestion is to limit the share of proposed tax increase in the proposed budget. I would suggest
we limit the increase to double the cost of living. The proposed tax increase is 15.3%. At the
budget hearing on December 2, we all heard what those brave taxpayers had to say. I think its
fair to say no one wants services cut. Services should not and will not be cut. Services should
not and will not be cut.
Services should not and will not be cut. I would propose the limit double the cost of living
increase for this year. W have heard the cost of living is 2.7% and I would suggest that we
approve a budget of double the cost of living at a maximum 6% for this coming year, and not the
proposed 15.3% We have to note that the public thankfully spoke in support of the school
levies, in school district 623 in September and also in school district 622 in November. This
increase impacts homeowners next year on their tax bills. The level of what this increase will
probable will not strike home until it appears on tax statement bills due in May 2003. Over 22%
of our Maplewood population is 61 years old or older. This may indicate that almost one quarter
of Maplewood's residents have either retired, are approaching retirement, and maybe on a fixed
income. The stock market is no longer producing double-digit growth. In fact, most investments
lost value over the past two years. Unemployment is highest in eight years since 1994.
As your Mayor and being aware of most issues affecting the city, I beg all council members to
hear this message and accept my suggesting mention, motion, and plea to accept a budget within
the proposed 6% increase being over double the cost of living adjustment. I have full
confidence in our city staff to make the necessary adjustments to the needs that come forward.
Now, my motion, to limit our budget tax increase to 6% for the budget of the City of Maplewood
for the next year 2003. That is my motion. Is there a second?
A second motion was not made.
Motion failed.
Councilmember Koppen moved to adopt the following resolution to approve the 2003 Budget:
RESOLUTION 02-12-178
RESOLUTION ADOPTING A BUDGET FOR 2003
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA that a budget for 2003 is hereby adopted as outlined in the following summary:
city council 12-09-02
CAPITAL DEBT
OPERATING IMPROVEMENTS SERVICE
BUDGET BUDGET BUDGET
Estimated BalancesOl-O1-03 $11,216,691 ($126,864) $1,578,932
Revenues 26,929,250 3,366,400 2,665,160
Net other increases 95,590 3,967,890 307,110
Expenditures (28,413,890) (7,207,580) (3,207,720)
Estimated Balances 12-31-03 $9,827,641 ($154) $1,343,482
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the
2003 Operating Budget:
GENERAL FUND: DEPARTMENT
$1,028,270 Community Development
580,420 Finance
1,581,480 Fire
2,579,720 General Government
287,790 Human Resource
1,463,910 Parks and Recreation
5,981,720 Police
2,641,910 Public Works
CHARITABLE GAMBLING TAX FUND:
COMMUNITY CENTER FUND:
DATA PROCESSING FUND:
ENHANCED 911 SERVICE FUND:
HOUSING REPLACEMENT FUND:
LAW ENFORCEMENT BLOCK GRANT FUND
PAYROLL BENEFITS FUND:
POLICE SERVICES FUND:
RECREATION PROGRAM FUND:
RECYCLING FUND:
SANITARY SEWER FUND:
V.E.M. FUND:
$16,145,220 GENERAL FUND TOTAL
$52,910 General Government
2,271,980 Parks & Recreation
389,070 General Government
37,000 Police
343,280 Community Development
16,710 Police
3,936,290 General Government
380 Police
798,850 Parks and Recreation
303,140 Community Development
3,428,180 Public Works
690,880 Public Works
$28,413,890 TOTAL OPERATING BUDGET
APPROPRIATIONS
BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation
provided that the net operating income before other revenues and expenses including depreciation for 2003 is not less than
$90,730.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2003 Capital
Improvements Budget:
city council 12-09-02 g
CAPITAL IMPROVEMENT PROJECTS $290,160
FIRE TRUCK REPLACEMENT 1,800
PARK DEVELOPMENT 551,040
PUBLIC IMPROVEMENT PROJECTS 6,036,670
PUBLIC WORKS BUILDING ADDITION 200,000
STREET CONSTRUCTION STATE AID 590
TAX INCREMENT ECONOMICDEV. DISTRICT #1-5 80
TAX INCREMENT HOUSING DISTRICT #1-1 180
TAX INCREMENT HOUSING DISTRICT #1-2 180
TAX INCREMENT HOUSING DISTRICT #1-3 170
TAX INCREMENT HOUSING DISTRICT #1-4 26,960
TAX INCREMENT HOUSING DISTRICT #1-5 22,340
TAX INCREMENT HOUSING DISTRICT #1-6 77,060
WATER AVAILABILITY CHARGE - NO. ST. PAUL 80
WATER AVAILABILITY CHARGE - ST. PAUL 270
TOTAL CAPITAL IMPROVEMENTS $7
207
580
BUDGET APPROPRIATIONS ,
,
BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each
public improvement project when the Council orders the project and that the budget amounts shall be
recorded at amounts specified in the feasibility study for the project.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the
2003 Debt Service Budget:
$1,940,000 Principal
1,202,170 Interest
2,640 Paying Agent Fees
59,430 Interest - Interfund loans
3,480 Investment Managem ent
$3,207,720 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS
BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby
adopted for financial reporting and management control.
BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted
for management purposes only.
BE IT FURTHER RESOLVED that the transfer of appropriations among the various
accounts, within a fund, shall only require the approval of the City Manager or his designee. However,
City Council approval is required for transfers from contingency accounts.
BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended
at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which
may be appropriated for the neat fiscal year except appropriations for capital improvement projects
which shall not lapse until the project is completed or canceled by the City Council.
Seconded by Councilmember Collins
Ayes-Councilmember Collins, Juenemann,
city council 12-09-02
Koppen and Wasiluk
Nays-Mayor Cardinal
Councilmember Koppen moved to adopt the following resolution to levyproperty taxes Payable
2003:
RESOLUTION 02-12-179
RESOLUTION CERTIFYING TAXES PAYABLE IN 2003
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA that:
1. The following amounts of taxes be levied for 2002, payable in 2003, upon the net tax capacity in
said City of Maplewood, for the following purposes:
Operations $8,942,250
Capital Improvements 793,700
Debt Service 1.453.570
TOTAL LEVY $11,189,520
2. In addition, there is a $738,360 market value based referendum levy for 2002 payable in 2003 to
finance the debt service on the 1994 Open Space Bonds and the 2000 Fire Safety Bonds.
3. The net tax capacity based levy of $1,453,570 for Debt Service and the market value based
referendum levy of $738,360 total $2,191,930. This is a net decrease of $1,354,894.39 in the
scheduled levy of $3,546,824.39. The breakdown by Debt Service Fund is attached as Exhibit A.
EXHIBIT A
RESOLUTION CERTIFYING TAXES FOR CITY OF MAPLEWOOD
328 G.O. TAX INCREMENT BONDS - 1993B
329 G.O. IMP. REFUNDING BONDS - 1993C
330 G.O. OPEN SPACE BONDS - 1994A
331 G.O. BONDS - 1995A
332 G.O. TAX INCREMENT REFUNDING BONDS - 1995B
333 G.O. BONDS - 1998A
334 G.O. REFUNDING BONDS - 1998B
335 G.O. IMPROVEMENT BONDS - 1999A
336 G.O. TAX INCREMENT BONDS - 1999B
337 G.O. FIRE SAFETY BONDS - 2000A
338 G.O. EQUIPMENT CERTIFICATES - 2001A
339 G.O. IMPROVEMENT BONDS - 2001B
340 G.O. IMPROVEMENT REFUNDING BONDS - 2001C
341 G.O. IMPROVEMENT BONDS - 2002A
342 G.O. IMPROVEMENT REFUNDING BONDS - 2002B
343 G.O. TAX INCREMENT REFUNDING BONDS - 2002C
344 G.O. OPEN SPACE REFUNDING BONDS - 2002D
SCHEDULED ADOPTED INCREASE
LEVY LEVY (DECREASE)
237,143.00 423,890.00 186,747.00
401,351.00 525,610.00 124,259.00
433,834.00 422,190.00 (11,644.00)
5,021.00 - (5,021.00)
167,050.00 178,070.00 11, 020.00
123,007.00 128,350.00 5,343.00
57,678.00 22,340.00 (35,338.00)
311,882.00 316,170.00 4,288.00
197,268.75 175,310.00 (21,958.75)
173,225.39 - (173,225.39)
309,251.25 - (309,251.25)
521,949.00 - (521,949.00)
608,164.00 (608,164.00)
city council 12-09-02 10
TOTALS 3,546,82439 2,191,930.00 (1,354,89439)
Seconded by Councilmember Collins Ayes-Councilmember Collins, Juenemann,
Koppen and Wasiluk
Nays-Mayor Cardinal
2. 7:15 p.m. Moratorium on Development in South Maplewood (South of Linwood Ave
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Mark Smith, Capital City Christian School
Dave Piechowski, 686 Burlington Road, Maplewood property owner
Elizabeth Schlomka, father owns 40 acres in south Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following ordinance No. 836 that places a
moratorium on development in south Maplewood and exempt the property at 2516 Linwood
Avenue subject to the predevelopment agreement with Don Letsch:
ORDINANCE NO. 836
AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND DEVELOPING LAND USE AND ZONING STANDARDS FOR
THE AREA SOUTH OF LINWOOD AVENUE IN MAPLEWOOD, MINNESOTA
The area under consideration in this ordinance (hereinafter referred to as the "south
Maplewood Study Area") includes the land south of Linwood Avenue in Maplewood
(refer to the south Maplewood Study Area map attached for the exact location).
The Maplewood City Council ordains:
SECTION 1. PURPOSE
1.01 The City of Maplewood is currently conducting a study that includes land use and
planning components for the area south of Linwood Avenue.
1.02 The objective of the study is to review existing and planned land uses and zoning
designations and the existing natural and man-made features in the south Maplewood
study area. The city will use this information to possibly change the zoning ordinance or
the land use plan in the area to create better planned and constructed developments and
neighborhoods.
1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive
plan may need to be revised because of the following issues:
- Land use
city council 12-09-02 11
- Minimum lot sizes
- Utility availability
- Building setbacks
- Building height
- Pedestrian flow and safety
- Parking
- Landscaping
- Topography
- Wetlands and other water features
- Housing density
- Traffic
1.04 There is a need for the city to do these studies so that the city may adopt changes to the
city's zoning ordinance, zoning map and the comprehensive plan for the area south of
Linwood Avenue.
SECTION 2. REDEVELOPMENT STUDY; MORATORIUM
2.01 The study is authorized by the city. City staff shall coordinate this study with the
planning commission, the City of Woodbury, property owners, interested citizens, and
the city council.
2.02 Upon completion of the study, city staff will present the study and its results to the
planning commission and community design review board for their review and
recommendation to the city council.
2.03 A moratorium on development in the south Maplewood Study Area is adopted pending
completion of the study and/or the adoption of any amendments to the city's zoning
ordinance, zoning map, or comprehensive plan as the city deems necessary as a result of
the study. The city will not approve any subdivision or building permit for a new
building, except for those parcels that are one acre in size or smaller and now of record,
or that have been exempted during the moratorium period. Maplewood may issue
building permits for the expansion or remodeling of existing structures, for accessory
structures or for one new principal structure on an existing lot of record where the owner
does not subdivide the property.
SECTION 3. TERM
3.01 The term of ordinance shall be for one year or until such time as the city council adopts
amendments to the city's zoning ordinance, zoning map, or comprehensive plan as the
city deems necessary as a result of the study.
SECTION 4. VARIANCES
4.01 Variances from this ordinance may be granted by the city council based upon a
determination that a proposed subdivision or development would be compatible with
proposed land use and zoning, and that such proposals would keep with the spirit and
intent of this ordinance. The procedures to be followed in applying for a variance from
this ordinance shall be in accordance with state law on findings for variances and shall
include the following:
a. The applicant shall file a completed application form, together with required exhibits, to
city council 1 z-09-02 ] 2
the Community Development Department.
The application for a variance shall set forth special circumstances or conditions which
the applicant alleges to exist, and shall demonstrate that the proposed subdivision or
development is compatible with existing or proposed land use and zoning.
a The application shall be submitted to the planning commission for their review and
recommendation to the city council.
d. The city council may in its discretion set a public hearing before making a final
determination on the requested variance.
e. The city council may impose such restrictions upon the proposed subdivision or
development as maybe necessary to meet the purpose and intent of this ordinance.
Seconded by Councilmember Juenemann Ayes-All
3. 7:54 p.m. County Road DRealignment-City Project 02-07-Resolution Approving Final
Alignment, Approving Project Budget; and Authorizing Preparation of
Preliminary Report and Right of Way Map
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. Dr. Drexall Glaskow, URS presented specifics.
d. Karl Kiel, URS, provided further specifics.
e. Commissioner Mueller provided the Planning Commission Report.
Mayor cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Jennifer Bouthilet, Hillcrest Animal Hospital, 1320 E. County Rd. D, Maplewood
Rick Kline, Kline Auto, Maplewood
Frank Frattalone, 3205 Centerville Road, Vadnais Heights
Tom Gelbmann, Cardinal Point
Joe Prokosch, 1272 E. County Road D, Maplewood
Cindy Kranz, 1244 Highridge Court, Maplewood
Mary Dan, 1233 E. County Road D, Maplewood
Mike Winiecki, 1422 E. County Road D, Maplewood
George Supan, 3050 Hazelwood Street, Maplewood
Craig Brannon, 2929 Walter Street, Maplewood
Will Rossbach, Planning Commission
g. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving the alignment study
and report for the County Road D realignment and adopted the preferred alternative realignment
as the preferred option for implementation of the County Road D Realignment project, and
city council 12-09-02 13
approved a project budget of $80,000, and authorized preparation of a preliminary report on the
improvements and a right of way map based upon the Preferred Alternative Alignment.
RESOLUTION 02-12-180
APPROVING FINAL ROADWAY ALIGNMENT
APPROVING PROJECT BUDGET
PREPARATION OF A PRELIMINARY REPORT
ORDERING PREPARATION OF A RIGHT OF WAY MAP
WHEREAS, the City Council has authorized the preparation of an alignment study for a new
alignment of County Road D east and west of TH 61 in northern Maplewood, and
WHEREAS, amulti-jurisdictional task force representing MnDOT, Ramsey County, the cities of
Vadnais Heights, White Bear Lake and Maplewood, along with representatives from XCEL Energy
have recommended a preferred alternative alignment, and
WHEREAS, a report has been prepared by URS Corporation for the City of Maplewood on the
alignment alternatives and recommends the preferred alternative alignment, and
WHEREAS, the City Engineer and the URS report have recommended that the preferred
alternative alignment requires preparation of an Environmental Assessment Worksheet, and
WHEREAS, the City Engineer has recommended that the neat phases of project implementation
will require a project budget of $80,000, and
WHEREAS, it is proposed to construct a roadway along the preferred alternative alignment and
to assess the benefited property for all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That the report prepared by URS Corporation on the final alignment of County Road D is
hereby adopted.
2. That the preferred alignment as recommended within the URS Report is hereby selected
as the final alignment of County Road D both east and west of TH 61.
3. That the proposed improvement be referred to the city engineer for study and that he is
instructed to report to the council with all convenient speed advising the council in a
preliminary way as to whether the proposed improvement is necessary, cost effective and
feasible and as to whether it should best be made as proposed or in connection with some
other improvement, and the estimated cost of the improvement as recommended.
4. That the city engineer is directed to have an Environmental Assessment Worksheet
(EAW) prepared to analyze the environmental impacts of the proposed improvements
and is directed to coordinate the EAW process with the Alternative Urban Areawide
Review (AUAR) being prepared by the Hartford Group for the Hajicek property.
5. That the city engineer is directed to prepare a right of way map identifying the necessary
property for the proposed realignment project and present said right of way map to the
planning commission and city council consistent with the approval process for a
city council 12-09-02 14
preliminary plat for the area.
That the finance director is directed to appropriate funds in the amount of $80,000 from
Fund 404 that shall be reimbursed with future Municipal State Aid Street Funds to
prepare the recommended reports and documents.
Seconded by Mayor Cardinal
Motion passed.
I. AWARD OF BIDS
None
A short break was taken-9: 40 p. m.
Meeting Resumed-9:43 p. m.
J.
K.
UNFINISHED BUSINESS
1. Highwood Farm (Highwood Avenue East)
Preliminary Plat
Zoning Map Change (F to R-1)
Ayes-Mayor Cardinal, Councilmembers
Koppen and Collins
Nays-Councilmember Wasiluk and
Juenemann
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Charles Cox, 1111 McKnight Road South, asked for an extension on the project until
January 27, 2003.
Councilmember Juenemann moved to table action on the proposed Highwood Farms preliminary
plat until January 27, 2003.
Seconded by Councilmember Collins
Ayes-All
NEW BUSINESS
1. Ramsey Washington Metro Watershed District-Update Lease for Public Works Building
a. City Manager Fursman presented the staff report and specifics from the report.
city council 12-09-02 15
Councilmember Juenemann moved to approve the revised lease with the Ramsey Washington
Metro Watershed District in the amount of $28.567.00 for 2003 at a rate of $9.80 per square foot
for the Public Works Building_ and directed the Public Works Director to finalize the lease with
RWMWD.
Seconded by Councilmember Wasiluk Ayes-All
2. Bush Avenue Improvements, Project 01-04: Resolutions for Final Recapitulation of
Construction Contract, (Change Order No. 3) And Acceptance of Project.
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Collins moved to adopt the following two attached resolutions for the Bush
Avenue Improvement, City Project 01-04: Final Recapitulation of the Construction Contract and
Acceptance of the Project:
RESOLUTION 02-12-181
FINAL RECAPITULATION OF CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 01-04, Bush Avenue Improvements, and has let a construction contract pursuant
to Minnesota Statutes, Chapter 429, and
WHEREAS, construction has now been completed with increases in the quantity of some
contract unit price items that have resulted in a final project cost greater than the original contract
amount, and
WHEREAS, it is now necessary that said final contract be modified and designated as
Improvement ProjectOl-04, Final Recapitulation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Final Recapitulation in the amount of $4,906.84. The final contract amount
is $248,274.28.
The finance director is hereby authorized to make the financial transfers necessary to implement
the revised financing plan for the project. The revised project-financing plan is as follows:
Original Budget Revised Budget
Sewer Fund: $9,836.00 $9,836.00
Assessments: $98,650.00 $99,600.00
General Tax Levy: $216.514.00 $245.564.00
Total: $325,000.00 $355,000.00
city council 12-09-02
16
RESOLUTION 02-12-182
ACCEPTANCE OF PROJECT
WHEREAS, the city engineer for the City of Maplewood has determined that Bush Avenue
Improvements, City Project 01-04, is complete and recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 01-04 is complete and maintenance of these improvements is accepted
by the city. Release of any retainage or escrow is hereby authorized.
Seconded by Councilmember Juenemann Ayes-All
3. Ripley Avenue, Van Dyke to White Bear Ave., Project 99-12: Resolution for
Acceptance of Project
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Collins moved to approve the following resolution for the Acceptance of Project
for the Ripley Avenue Improvement, City Project 99-12:
RESOLUTION 02-12-183
ACCEPTANCE OF PROJECT
WHEREAS, the city engineer for the City of Maplewood has determined that Ripley Avenue
Improvement, VanDyke Street to White Bear Avenue, City Project 99-12, is complete and recommends
acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 99-12 is complete and maintenance of these improvements is accepted
by the city. Release of any retainage or escrow is hereby authorized.
The finance director is hereby authorized to make the financial transfers necessary to implement the
revised financing plan for the project. The revised project-financing plan is as follows:
Ramsey County:
SCSA:
Total:
Original Budget
$170,000
$0
$170,000
Revised Budget
$170,000
$25,500
$195,500
Seconded by Councilmember Koppen
4. Proposed Contract Settlement-Police Sergeants
a. City Manager Fursman presented the staff report.
Ayes-All
b. Human Resources Director Le presented specifics from the report.
city council 12-09-02 17
Councilmember Collins moved to approve the proposedtwo-year labor asreement between the
City and LELS #173 representing the City's Police Sergeants. This settlement has been ratified
by their membership
Seconded by Councilmember Wasiluk Ayes-All
5. Proposed Contract Settlement-LELS (Police Officers)
a. City Manager Fursman presented the staff report.
b. Human Resources Director Le presented specifics from the report.
Councilmember Juenemann moved to approve the proposedtwo-year negotiated labor
ageement between the City and LELS #153 representing the City's Police Officers.
Seconded by Councilmember Collins Ayes-All
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
1. Mayor's Forum-Mayor Cardinal updated the council on the Saturday, December 7th,
2002 Mayor's Forum. Assistant City Manager Coleman presented the new web page
format, which will be available within the next few months.
2. Dispatch Center-Chief Lukin noted that progress on the center is moving forward in a
positive fashion.
3. Bruentrup Farm-Mayor Cardinal informed the public there will be an Open House at the
farm on Sunday, December 15a' .
3. Ramsey County District Court-Mayor Cardinal read the following letter from Judge
Thomas Mott, Chief Judge of the State of Minnesota District Court:
Dear Mayor Cardinal:
Rarely do state courts undergo as profound an organizational change as will occur
for the Second Judicial District (Ramsey County) this coming year. Effectively July 1,
2003, the 2nd District will be completely funded by the Legislature. This change brings
with it opportunity as well as new challenges. To meet those challenges, we believe that
community leaders need to know even more about the District Court than they have in
the past. Toward that end, I have enclosed a brochure providing information on the
activities of our court.
The judiciary handles more than two million cases each year involving some of
the most important matters in the lives of the people of this state. In our district alone,
we handle in excess of 300,000 filings per year. Matters affecting public safety,
individual freedom, constitutional rights, families and children, personal responsibility,
economic stability, and social order are brought to the courts each day for peaceful
city council 12-09-02 ] g
resolution. A recent Legislative Auditor's investigation and report found that judges in
Minnesota handle caseloads 50% higher than judges in comparable states. There is no
indication that there will be any reduction in the number of cases filed with the court in
the future and the court has no ability to restrict or control the number of cases filed each
year. Unless we are vigilant and creative, there is a legitimate concern that the quality of
justice in this state will be compromised by the volume of cases involved and that
backlogs and delays will be experienced by those who need the services provided by the
court.
Although we are in the midst of change, the Ramsey County District Court is
committed to maintaining the partnership with the county and local units of government
that have served the community so well. Our court is also committed to fostering an even
better understanding by the Ramsey County legislative delegation of the issues that face
our court. In order for our court to meet the challenges we face, we believe we need to
have a heightened public dialog about what the judiciary can and must do for this
community. We are open to suggestions and value the input of community leaders such
as you. I hope you find this brochure helpful.
6. Firefighter Population-Mayor Cardinal confirmed with Chief Lukin that the Maplewood
firefighter numbers were up which Lukin contributed to increased recruiting efforts.
7. Bloodmobile-Mayor Cardinal announced a Blood Drive will be held Christmas Eve at
City Hall in the council chambers 8:00 a.m.-1:00 p.m.
8. Phillip Palmquist Mayor Cardinal conveyed his sympathies that Mr. Palmquist a long-
time Maplewood resident and employee of 3M, passed away on Tuesday December 3,
2002.
8. South Compost Site, St. Paul Location-Mayor Cardinal noted this compost site is a place
for residents to drop off land waste which is then transferred to another site for
processing.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 10:00 p.m.
Seconded by Councilmember Wasiluk Ayes -All
city council 12-09-02 19