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HomeMy WebLinkAbout04-14-2003 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 14, 2003 Council Chambers, Municipal Building Meeting No. 03-07 A. CALL TO ORDER A regular meeting ofthe 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. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Kenneth V. Collins, Councilmember Kathleen Juenemann, Councilmember Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Present Present Present Present Present D. APPROVAL OF MINUTES 1. Minutes from the March 31,2003 Council/Manager's Workshop Councilmember Juenemann moved to approve the Council/Manager's Workshop Minutes of March 31. 2003 as amended. Seconded by Councilmember Koppen Ayes-All 2. Minutes from the March 31,2003 City Council Meeting, Meeting No. 03-06 Councilmember Wasiluk moved to approve the City Council Minutes of March 3 L 2003 as amended. Seconded by Councilmember Koppen Ayes-All E. APPROVAL OF AGENDA ML Cops N' Lobsters M2. NEST M3. Emergency Management M4. Auction Councilmember Wasiluk moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All F. APPOINTMENTS/PRESENT A nONS 1. Proclamation-National Public Safety Telecommunications Week a. City Manager Fursman presented the report. City Council Meeting 04-14-03 Councilmember Wasiluk moved to approve the following resolution (read bv Councilmember Juenemann): RESOLUTION 03-04-056 National Public Safety Telecommunication Week City of Maplewood, City of North St. Paul and City of Lauderdale April13-19,2003 Whereas emergencies can occur at any time that require police, fire or emergency medical services; And whereas when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; And whereas public safety dispatches are the first and most critical contact our citizens have with emergency services; And whereas public safety dispatchers are the single vital link for our police officers, firefighters and paramedics by monitoring their activities by radio, providing them information and ensuring their safety; And whereas public safety dispatchers for the Maplewood Emergency Communications Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; And whereas each dispatcher has exhibited compassion, understanding and professionalism during the performance of their j ob in the past year; Therefore, be it resolved that the City Council of Maplewood declares the week of April 13-19, 2003, to be National Telecommunications Week in honor ofthe men and women whose diligence and professionalism keep our city and citizens safe. Seconded by Councilmember Juenemann Ayes-All G. CONSENT AGENDA Councilmember Koppen moved to approve the Agenda as amended. Seconded by Councilmember Juenemann Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE $239,230.50 Checks #60625 thru #60590 dated 3/28 thru 4/1/03 $122,237.19 Disbursements via debits to checking account dated 3/21 thru 3/27/03 $740.48 Checks #60591 thru #60592 dated 3/31/03 $255,990.73 Checks #60593 thru #60634 dated 4/8/03 City Council Meeting 04-14-03 2 $365,664.31 Disbursements via debits to checking account dated 3/28 thru 4/4/03 $983,863.21 Total Accounts Payable PAYROLL $407,437.83 Payroll Checks and Direct Deposits dated 3/28/03 $24,154.69 Payroll Deduction checks #93089 thru #93094 dated 3/28/03 $431,592.52 Total Payroll $1,415,455.73 GRAND TOTAL 2. Conditional Use Permit Review-Rose/Rice Auto Sales (1908 Rice Street) Approved to review the conditional use permit for Rose/Rice Auto I September 2003. By that time the applicant shall have complied with all ofthe City Council's November 26,2001 conditions of approval, or the council should consider termination ofthis conditional use permit. 3. Kennard/Frost Area Street Improvements, Project 02-10-Resolution Ordering Assessment Hearing Approved the following resolution for the Kennard/Frost Area Street Improvement, Project 02-10- Ordering the Assessment Hearing for 7:00 p.rn., Monday, May 12,2003: RESOLUTION 03-04-052 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction ofthe council, prepared an assessment roll for the Kennard/Frost Area Street Improvements, City Project 02-10, and the said assessment roll is on file in the office ofthe city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA: 1. A hearing shall be held on the 2nd day of May 2003, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice ofthe hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. 4. Maplewood Drive/Keller Parkway Street Improvements, Project 03-02-Resolution Ordering City Council Meeting 04-14-03 3 Assessment Hearing Approved the following resolution for the Maplewood Drive/Keller parkway Roadway Resurfacing, City Project 03-02-0rdering the Assessment Hearing for 7: 15 p.m., Monday, May 12, 2003: RESOLUTION 03-04-053 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction ofthe council, prepared an assessment roll for the Maplewood Drive/Keller Parkway Roadway Resurfacing, City Project 03-02, and the said assessment roll is on file in the office ofthe city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA: 1. A hearing shall be held on the 2nd day of May 2003, at the city hall at 7: 15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice ofthe hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. 5. RHS Trust and Welfare Plan Revisions Adopted the revised Integral part Trust document and Retiree Welfare Benefit Plan entitled "Retiree Medical and Dental Expense Reimbursement Plan". 6. National Investor Relations Institute-Twin Cities Chapter- Temporary Gambling for Educational Purposes Adopted the following resolution approving a Temporary Gambling License for NIRI: RESOLUTION 03-04-054 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the National Investor Relations Institute (NIRI), at Keller Golf Course, 2166 Maplewood Drive, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute s349.213. 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 s349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, City Council Meeting 04-14-03 4 Minnesota, be forwarded to the Gambling Control Division for their approval. 7. Temporary Gambling Resolution-Carver Elementary PTO Adopted the following resolution approving the Temporary Liquor License for Carver Elementary PTO: RESOLUTION 03-04-055 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Carver Elementary School, 2680 Upper Afton Road, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute s349.213. 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 s349.213. 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.rn. Home Occupation License-Hair Salon (2697 Pinkspire Lane) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. c. Commissioner Desai presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Debra Siedenburg, the applicant Council member Koppen moved to approve the Home Occupation License for a Hair Salon at 2697 Pinkspire Lane. Seconded by Councilmember Wasiluk Ayes-All 2. 7:15 p.rn. Van Dyke Village Town Houses (Van Dyke Street, north of County Road B) Land Use Plan Change (BC and R-3 (M) to R-3 (H))(4 Votes) Conditional Use Permit for Planned Unit Development Design Approval City Council Meeting 04-14-03 5 a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. c. Commissioner Desai presented the Planning Commission Report. d. Boardmember Olson presented the Design Review Board position and continuance of their review. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Todd Urness, 2630 Countryside Drive, Orono, Co-Applicant JeffRueber, 1849 County Road B, Maplewood Harold Wilson, 1877 County Road B, Maplewood Terry Warner, 1998 Castle Avenue, Maplewood Greg Young, 2271 Atlantic Street, Maplewood George Stout, 2215 North Hazel, Maplewood Richard Oye, 1937 Cope Avenue, Maplewood Miriam Tschida, 2230 VanDyke Street, Maplewood John Staffal, 2271 Craig Place, Maplewood Von Johnson, 1861 County Road B, Maplewood David Elton, 2685 East Minnehaha, Maplewood Jeanine Moreno, 2272 Craig Place, Maplewood Harold Wilson, Second Appearance John Staffal, Second Appearance Terry Eurovrage, 2210 E. Eldridge, Maplewood Suttye Ruber, 1849 E. County Road B, Maplewood George Stone, 974 Burns Avenue, St. Paul Sara Oswald, 1940 Cope Avenue, Maplewood Connie Launderville, 2194 Van Dyke, Maplewood Patricia Kleinke, 2242 North Hazel, Maplewood Jeff Rueber-Second Appearance Dennis Duchesneau, 2230 German Street, Maplewood George Stout, Second Appearance Miriam Tschida, Second Appearance Harold Wilson, Third Appearance Cheryl Erler, 2189 Hazel Street, Maplewood Gary Pellegrom, 1480 Mary Street North, Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the land use change, CUP and proiect plans for the Van Dyke Village Town Houses. Motion died due to the lack of a second to the motion. Councilmember Juenemann moved the denial ofthe Land Use Change for VanDyke Village Town Homes (from BC and R-3 (M) to R-3 (H)) City Council Meeting 04-14-03 6 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Juenemann and Koppen Nays-Councilmember Wasiluk The Van Dyke property is currently zoned BC (business commercial) and R-3 (M) (residential medium density), which allows for a total of 22 housing units. The request for a change in the comprehensive land use plan is denied based on the following findings: 1. The land use change would be inconsistent with the City's comprehensive plan and inconsistent with the plan's general intent and purpose for lower density. 2. The land use change would compound the already existing density ofthe surrounding area. 3. The Applicant failed to present evidence that the proposed development is proper and consistent with the City's goals, objectives and policies for such a land use change. 4. The public testimony presented and introduced indicated that the proposed development would present a health, safety and welfare issue if the land use change occurs. 5. There is need for more information on whether or not the Applicant can satisfy and minimize the proposed conflict in land uses. 6. The Applicant did not provide sufficient information as to whether the land use change would not threaten the property values, health or welfare ofthe adjoining property owners. Councilmember Wasiluk moved to approve the comprehensive land use plan change, conditional use permit and proiect plans with the condition of22 units maximum. Motion died due to a lack of a second to the motion. With the Applicants consent for a continuance and a waiver of the sixty day rule, Councilmember Koppen moved to table the Conditional Use Permit until the April 28th City Council Meeting to allow further investigation between staff and the developer to answer some ofthe questions raised by the Councilmembers as to the economic viability ofthe proiect related to density. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers Collins, Juenemann and Koppen Nays-Councilmember Wasiluk A five-minute break was taken. Mayor Cardinal requested staff arrange a special community meeting regarding Emma's Place. 2. 9:45 p.rn. Hazelwood Street Improvements, City Project 01-16-Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. City Council Meeting 04-14-03 7 c. Larry Bohrer, TKDA Engineers for the project, provided further specifics. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Alan Thoreson, 2785 Hazelwood Street, Maplewood Ron Erickson, 2699 Hazelwood Street, Maplewood Randy Leppala, 2672 Hazelwood Street, Maplewood Steve LaCasse, 2673 Hazelwood Street, Maplewood Kathryn Irvin, 2707 Hazelwood Street, Maplewood Marlene Hoeft, 2775 Hazelwood Street, Maplewood Councilmember Collins moved to continue the meeting until all agenda items are addressed. Seconded by Councilmember Wasiluk Ayes-All Christine Stone, 2727 Hazelwood Street, Maplewood Joan Wurdemar, 2767 Hazelwood Street, Maplewood Emil Sturzenegger, 2455 Londin Lane, Maplewood Lou Lentsch, 2680 Hazelwood Street, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Collins moved to approve the following resolution ordering the improvement of Hazelwood Street (County Road C to Beam Avenue), City Proiect 01-16: RESOLUTION 03-04-057 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution ofthe city council adopted the 31st day of March, 2003, fixed a date for a council hearing on the proposed street improvements to Hazelwood Street (County Road C to Beam Ave.), Project 01-16, AND WHEREAS, ten days mailed notice and two weeks published notice ofthe hearing was given, and the hearing was duly held on April 14, 2003, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Hazelwood Street (County Road C to Beam Ave.), Project 01- 16. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 14th day of April 2003. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to City Council Meeting 04-14-03 8 implement the financing plan for the project. A project budget of $1,282,000 shall be established. The proposed financing plans is as follows: State Aid Assessments Sanitary Sewer Fund SPRWS Obligation Private Agreements Total $ 916,680 $ 246,590 $ 5,800 $ 8,500 $ 104,430 $1,282,000 Seconded by Councilmember Juenemann Ayes-Councilmembers Collins, Koppen and Juenemann Nays-Mayor Cardinal and Councilmember Wasiluk Motionfailed (3-2 Vote, 4 Votes required) I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. On-Sale Liquor License-Donald Standley-Maplewood Moose Lodge a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. c. Donald Standley, 1870 52nd Street East, Inver Grove Heights, the applicant Councilmember Collins moved to approve the on-sale liquor license for Donald Standley at the Maplewood Moose lodge located at 1946 English Street. Seconded by Councilmember Koppen Ayes-All 2. Temporary Liquor License-Aldrich Arena-St. Paul Winter Carnival a. City Manager Fursman presented the staff report. b. Karen Guilfoile presented specifics from the report. Councilmember Collions moved to approve the intoxicating liquor license for John Maslowski on behalf of Aldrich Arena. City Council Meeting 04-14-03 9 Seconded by Councilmember Koppen Ayes-All 11:10 p.rn. Councilmember Wasiluk left the meeting. 3. County Road D Realignment Proj ect, City Proj ect 02-07- Presentation and Discussion of Roadway Alignment Options and Stormwater/Wetland Issues-Discussion Only; No Action Proposed a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Karl Keel, URS provided further specifics. d. Ron Leaf spoke to the stormwater and wetland issues. e. The following people were heard: Jennifer Bouthilet, Hillcrest Animal Hospital, Maplewood Cindy Kranz 1264 Highwood Court, Maplewood Councilmember Collins moved to approve the County Road D Realignment Proiect Schedule, City Proi ect 02-07 as proposed. Seconded by Councilmember Koppen Ayes-All 4. Legacy Village of Maplewood, City Project 02-18-Resolution Approving Distribution ofa Final Alternative Urban Area-Wide Review (AUAR) Document and Mitigation Plan for Legacy Village a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Jenny Ross, SRF Consulting provided further specifics. Councilmember Collins moved to approve the following resolution approving distribution of a Final Alternative Urban Area-Wide Review Document and Mitigation Plan for Legacy Village, City Proiect 02-18: City Council Meeting 04-14-03 10 RESOLUTION 03-04-058 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING DISTRIBUTION OF A FINAL ALTERNATIVE URBAN AREA- WIDE REVIEW DOCUMENT AND MITIGATION PLAN FOR LEGACY VILLAGE WHEREAS, on December 12, 2002, the City Council approved a resolution, authorizing that an Alternative Urban Areawide Review ("AUAR") be initiated and completed for Legacy Village at Maplewood; and WHEREAS, on January 6, 2003, the City of Maplewood prepared and distributed a draft AUAR environmental analysis document and draft Mitigation Plan on the Legacy Village at Maplewood in accordance with Minnesota Environmental Quality Board Environmental Review Program procedures; and WHEREAS, the 30-day public review and comment period on the draft AUAR document and draft Mitigation Plan ended on February 5, 2003; and WHEREAS, the City of Maplewood revised the draft AUAR document and Mitigation Plan based on comments received during the public review comment period; and WHEREAS, the City Council finds the revised AUAR environmental analysis document to be complete, including a plan for mitigation specifying the measures that will be imposed upon further development within the study area in order to avoid or mitigate potential environmental impacts; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the final AUAR environmental analysis document and mitigation plan for Legacy Village at Maplewood be distributed in accordance with Minnesota Environmental Quality Board Environmental Review Program procedures. Seconded by Councilmember Koppen Ayes-All 5. County Road D Realignment, Hazelwood to TH 61, City Project 02-07 and 02-08 Resolution Approving Environmental Assessment Worksheet (EAW) and Declaring Finding of No Further Need for Additional Environmental Study a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution receiving the Finding of Fact for the Environmental Assessment Worksheet (EAW) on the County Road D Realignment proiect(City proiect 02-07 and 02-08) and approving the Finding of No Additional Environmental Study Required: City Council Meeting 04-14-03 11 RESOLUTION NO. 03-04-059 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING A NEGATIVE FINDING OF THE NEED FOR FURTHER ENVIRONMENT AL STUDY FOR THE EXTENSION OF COUNTY ROAD D BETWEEN HAZELWOOD AND TH 61 (City Project 02-07) AND FROM TH 61 TO HIGHRIDGE COURT (City Project 02-08) AND AUTHORIZING DISTRIBUTION OF THE NEGATIVE FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMPACT WHEREAS, the City of Maplewood is the Responsible Governmental Unit for the Environmental Assessment Worksheet (EA W) for the Extension of County Road D from Hazelwood to TH 61 (City Project 02-07) and from TH 61 to Highridge Court (City Project 02-08); and WHEREAS, the EA W was prepared and distributed to all parties on the State Environmental Quality Board (EQB) distribution list, as well as local agency representatives and the petitioners' representative; and WHEREAS, the EAW Notice of Availability was published in the EQB Monitor on February 3,2003, beginning a 30-day comment period that ended on March 5, 2003; and WHEREAS, written comments on the EA W were received and considered from all parties; responses were developed, and findings were prepared; and WHEREAS, the City Council has the authority to make the final determination on the adequacy of an EA Wand the related negative or positive declaration as to the need to prepare an Environmental Impact Statement (EIS); and NOW, THEREFORE, BE IT RESOLVED, that the EA W requires that plans pertaining to stormwater, grading, erosion control, and buffer/turf management be submitted for approval as part of the design process. BE IT FURTHER RESOLVED, that the City Council has determined, based on the findings contained in the Record of Decision, that the environmental review requirements have been met by the Environmental Assessment Worksheet prepared for the Extension of County Road D from Hazelwood to TH 61 (City Project 02-07) and from TH 61 to Highridge Court (City Project 02-08), and the potential environmental effects are not considered significant enough to warrant preparation of an EIS; and BE IT FINALL Y RESOLVED, that the City Council requests that the negative declaration be distributed to all parties on the State Environmental Quality Board distribution list and all persons commenting in writing on the EA W. Seconded by Mayor Cardinal Ayes-All 6. Tilsen South Street Improvements, City Project 00-04-Resolutions for: Directing Modification Existing Construction Contract (Change order No.4) Acceptance of Proj ect City Council Meeting 04-14-03 12 a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolutions for the Tilsen South Neighborhood Street Improvements, City Proiect 00-04; Directing the Modification ofthe Existing Construction Contract (Change Order #40 and acceptance ofthe Proiect): RESOLUTION 03-04-060 DIRECTING MODIFICATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 00-04, Tilsen South Neighborhood Street 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 Project 00-04, Change Order No.4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No.4 in the amount of $29,796.42. The final contract amount is $1,740,450.77. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing plan is as shown below: Funding Source North St. Paul Obligation: Maplewood Sewer Utility: North St. Paul WAC Fund, (408-1010): Street & Storm Assessments: Supplementary Assessments, (Drives): Utility Assessments: General Tax Levy: Original Budget $355,000 $43,000 $0 $777,000 $0 $0 $671.000 Revised Budget $389,000 $74,600 $10,000 $778,470 $143,910 $6,100 $667,920 Total: $1,846,000 $2,070,000 RESOLUTION 03-04-061 ACCEPT ANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Tilsen South Neighborhood Street Improvements, City Project 00-04, are complete and recommends acceptance ofthe project; City Council Meeting 04-14-03 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA, that City Project 00-04 is complete and maintenance ofthese improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Seconded by Councilmember Koppen Ayes-All 7. Gladstone West Street Improvements, City Project 00-05-Resolutions for: Directing Modification of Existing Construction Contract (C.O. Nos. 3 & 4) Acceptance of Proj ect a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following two resolutions for the Gladstone West Neighborhood Street Improvements, City Proiect 00-05; Directing The Modification ofthe Existing construction Contract (Change order Nos. 3 & 4) and Acceptance ofthe proiect: RESOLUTION 03-04-062 DIRECTING MODIFICATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 00-05, Gladstone West Neighborhood Street 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 Project 00-05, Change Order Nos. 3 & 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 3 & 4 in the amount of $47,314.24 & $22,578.34 respectively. The final contract amount is $1,102,946.34. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing plan is as shown below: Funding Source SPRWS Obligation: Sewer Utility: Assessments: Supplementary Assessments, (Drives): General Tax Levy: Original Budget $27,345 $48,388 $676,845 $0 $717,422 Revised Budget $19,900 $111,422 $615,862 $59,405 $670,411 Total: $1,470,000 $1,477,000 City Council Meeting 04-14-03 14 RESOLUTION 03-04-063 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Gladstone West Neighborhood Street Improvements, City Project 00-05, are complete and recommends acceptance ofthe project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA, that City Project 00-05 is complete and maintenance ofthese improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann Ayes-All 8. Increased Front Yard Setback Request-2317 Arlington Avenue a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. c. The following persons were heard: Kevin and Daria Stebbins, the applicants Gerald Moran, 1472 Myrtle Court, Maplewood Pete Frascone, 1468 Myrtle, Maplewood Karen Hanson, 2376 Nebraska, Maplewood Mark Ringsred, 1464 Myrtle Court, Maplewood Carol Sherrill, 2384 Nebraska, Maplewood David Sherrill, 2384 Nebraska, Maplewood Councilmember Collins moved to deny the request from Kevin and Daria Stebbins' for an increased front yard setback of approximately 270 feet for a new house on a vacant lot on the east end of Arlington Avenue. Seconded by Mayor Cardinal Ayes-All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Cops and Lobsters-Chief Thomalla announced that several officers volunteered their time as waiters at Red Lobster and raised over $2,700.00 for the Special Olympics. 2. NEST-A current report is available for viewing. 3. Emergency Management-Mayor Cardinal noted an Emergency Management meeting is scheduled for April 29, 2003, and the Mayor assumed responsibility as the Emergency Management Director. 4. Auction-The city auction will be held Tuesday and Wednesday, April 15th and 16th. City Council Meeting 04-14-03 15 5. Recycling Date-Assistant City Manager Coleman announced the city cleanup day as Saturday, April 26, 2003, from 8 a.m. to 1:00 p.m. N. ADMINISTRATIVE PRESENTATIONS 1. May 26th, 2003-Change of Meeting Date Councilmember Collins moved to approve to change the May 26th meeting date to Tuesday, May 27th due to Memorial Day. Seconded by Councilmember Juenemann Ayes-All 2. Set Date for Special Meeting-Hartford Group-May 19, 2003-6:00 p.m. Councilmember Koppen moved to set the Hartford Group Meeting (with the Planning Commission) at 6:00 p.rn. on May 19th. Seconded by Councilmember Juenemann Ayes-All O. ADJOURNMENT Councilmember Collins moved to adiourn the meeting at 1:52 a.m. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 04-14-03 16