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HomeMy WebLinkAbout05-12-2003MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M., Monday, May 12, 2003 Council Chambers, Municipal Building Meeting No. 03-09 A. B. C. D. E. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:03 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. Minutes from the CounciUManager Workshop Councilmember Juenemann moved to approve the CounciUMana~er Workshop Minutes of April 28, 2003 as presented. Seconded by Councilmember Collins Ayes-All 2. Minutes from City Council Meeting, April 28, 2003 Meeting No. 03-09 Councilmember Wasiluk moved to approve the City Council Minutes of Apri128, 2003 as presented. Seconded by Councilmember Juenemann Ayes-All APPROVAL OF AGENDA M1. Emma's Place M5. DARE Graduation M2. Wateriest M6. L.U.S.T. Sites M3. N'Hood Cleanup M7. Cable Commission M4. NEST Councilmember Collins moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All City Counci105-12-03 F APPOINTMENT S/PRESENTATIONS 1. Police Department Promotions and Recognitions a. City Manager Fursman presented the staff report. b. Chief Thomalla announced promotions and merit awards in the Police Department. 2. Emergency Management Director a. City Manager Fursman presented the staff report. b. Timothy Butler introduced himself to the City Council. Councilmember Collins moved to den,, t~ppointment of Timothy Butler as the Director of Emergency Management. Seconded by Councilmember Koppen 3. Boy Scout Troop 187 Ayes-Councilmembers Collins, Juenemann, Koppen and Wasiluk Nays-Mayor Cardinal a. City Manager Fursman presented the staff report. b. Peter Fisher, Troop 187 Leader Introduced three scouts who are working on their Cirizenship and the Community Merit Badge, a requirement to obtain their Eagle Scout status. G. CONSENT AGENDA Councilmember Koppen moved to approve the consent agenda as presented. Seconded by Councilmember Collins Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE $415,121.05 $133,776.63 $105,370.00 Checks #60765 thru #60809 dated 4/29/03 thru Disbursements via debits to checking account dated 4/18 thru 4/24/03 Checks #60810 thru #60814 dated 5/1/03 thru $254,390.61 Checks #60815 thru #60865 dated 5/6/03 $266,222.92 Disbursements via debits to checking account dated 4/25 thru 5/1/03 City Counci105-12-03 2 $1,174,881.21 Total Accounts Payable PAYROLL $498,789.09 Payroll Checks and Direct Deposits dated 4/25/03 $24,259.23 Payroll Deduction checks #93429 thru #93433 dated 4/25/03 $523,048.32 Total Payroll $1,697,929.53 GRAND TOTAL 2. Purchase of Single-Axle Plow Truck Dump Body Authorized to enter into contract with Crysteel Truck Equipment, under state contract #429000, for the purchase of a single-axel truck body with existing plow/wing attachments for $35,514.05. 3. Landfall Cops `n Kids Fishing Clinic Accepted the donation from Saturn of Saint Paul and approved the necessary budget adjustments be made so that the donations help to defray the cost of conducting the fishing clinic. 4. Food Permit Approval and Waiver of Fee-Boy Scout Troop 187 Approved the miscellaneous permit to sell food at Arlington Hills United Methodist Church and to waive the $46.00 permit fee. H. PUBLIC HEARINGS 1. 7:53 p.m. Kennard/Frost Area Street Improvements -City Project 02-10 Public Hearing, Approve Resolution Ordering Improvement after Public Hearing (4 Votes) a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolution ordering the improvement of the Kennard/Frost area Street Improvements. Cit,~ Project 02-10: City Counci105-12-03 RESOLUTION 03-OS-075 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 28th day of April 2003, fixed a date for a council hearing on the proposed street improvements for the Kennard/Frost Area Street, City Project 02-10, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on May 12, 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 MAPLEWOOD, 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 the Kennard/Frost Area Streets, City Project 02-10. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 12th day of May 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. A project budget of $2,944,500 was established following the January 27, 2003 public hearing. No revision to the project budget is required at this time as a result of this action. Seconded by Councilmember Juenemann Ayes-All 2. 8:01 p.m. Kennard/Frost Area Street Improvements -City Project 02-10 Assessment Hearing Approve Resolution for Adoption of Assessment Roll a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Tim Hiemer, 1919 Flandrau, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approved the following resolution for the Adoption of the Assessment Roll for the Kennard/Frost Area Street Improvements. Project 02-10: RESOLUTION 03-OS-076 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 14th, 2003, calling City Counci105-12-03 for a Public Hearing, the assessment roll for the Kennard/Frost Area Street Improvements, City Project 02-10, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Katherine E. Hill, 1793 Flandrau Street North 2. Tim Himmer, 1919 Flandrau Street North 3. Yvonne B. Bell, 1668 Rosewood Avenue North NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 27, 2003, as to their recommendations for adjustments. 2. The assessment roll for the Kennard/Frost Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. 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. 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 2004 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, 2003. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. 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 August 1, 2003, 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 August 1, 2003, 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 neat succeeding year. 5. The city engineer and city clerk shall forthwith after August 1, 2003, but no later than September 2, 2003, 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 Collins Ayes-All 3. 8:10 p.m. Maplewood Drive/Keller Parkway Resurfacing -City Project 03-02 Assessment Hearing Approve Resolution for Adoption of Assessment Roll City Counci105-12-03 a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Betty Peltier, 2497 N. Maplewood Drive d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolution for the adoption of the assessment roll for the Maplewood Drive/Keller Parkway Resurfacing. Project 03-02: RESOLUTION 03-OS-077 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 14, 2003, calling for a Public Hearing, the assessment roll for the Maplewood Drive/Keller Parkway Resurfacing, Project 03- 02, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Betty & Richard Peltier, 2497 Maplewood Drive North NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 27, 2003, as to their recommendations for adjustments. 2. The assessment roll for the Maplewood Drive/Keller Parkway Resurfacing as amended, without those property owners' assessments who have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. 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. Such assessments shall be payable in equal annual installments extending over a period of 8 years, the first installments to be payable on or before the first Monday in January 2004 and shall bear interest at the rate of 5.5 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, 2003. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. 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 August 1, 2003, 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 City Counci105-12-03 resolution; and they may, at any time after August 1, 2003, 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. The city engineer and city clerk shall forthwith after August 1, 2003, but no later than September 2, 2003, 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 4. 8:17 p.m. Tax-Increment Financing Plan for Housing District No. 1-7 (Van Dyke Village) a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Bruce Mogren, the applicant, 1801 Gervais, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolution establishing atax-increment financing district for the Van Dyke Village town house development on Van Dyke Street for up to 26 years: RESOLUTION 03-OS-078 RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING HOUSING DISTRICT NO. 1-7 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFORE WITHIN DEVELOPMENT DISTRICT NO. 1 WHEREAS: A. WHEREAS, there is a proposal to modify the Development Program for Development District No. 1, and establish Housing District No. 1-7 therein and approve and accept the proposed Tax Increment Financing Plan therefore under the provisions of Minnesota Statutes, Sections 469.174 to 469.179 (the "Act"); and B. WHEREAS, the proposed Modification to the Development Program for Development District No. 1 (the "Modification"), and the proposed Tax Increment Financing Plan for Housing District No. 1-7 (the "Tax Increment Financing Plan") have been prepared; and C. The City has performed all actions required by law to be performed prior to the establishment of Development District No. 1 and Housing District No. 1-7 therein, and the adoption of a proposed development program and tax increment financing plan therefore, including, but not limited to, notification of Ramsey County and Independent School District No. 622 havingtaxing jurisdiction overthe property to City Counci105-12-03 be included in Housing District No. 1-7 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1. Modification Findings. The City finds, determines and declares that with respect to the Modification: (a) The City is not modifying the boundaries of Development District No. 1 but is, however, modifying the Development Program to allow for the increased costs associated with Housing District No. 1-7 as described in the Modification. 2. Housing District No. 1-7. There is established in the City of Maplewood within Development District No. 1 a Tax Increment Financing District, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan. 3. Tax Increment Financing Plan. The Tax Increment Financing Plan is adopted as the tax increment financing plan for Housing District No. 1-7, and the City Council makes the following findings: (a) Housing District No. 1-7 is a housing district as defined in Minnesota Statutes, Section 469.174, Subd. 11, the specific basis for such determination beingthatthe 20 unittownhome-style housingfacility project will provide safe, decent, affordable, sanitary housingfor residents ofthe city and it will result in the preservation and enhancement of the tax base of the State. (b) The proposed redevelopment in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the marketvalue estimated to resultfrom the proposed development after subtracting the present value of the prof ected tax increments for the maximum duration of Housing District No. 1-7 permitted by the Tax Increment Financing Plan. The reasons supporting this finding are that: (i) Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities throughthe use of tax increment financing so that other development by private enterprise will occur within Development District No. 1. (ii) A comparative analysis of estimated market values both with and without establishment of Housing District No. 1-7 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit E of the Tax Increment Financing Plan, and indicates thatthe increase in estimated market value ofthe proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of Housing District No. 1-7 and the use of tax increments. (c) The Tax Increment Financing Plan for Housing District No. 1-7 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (i) Housing District No. 1-7 is properly zoned; and City Counci105-12-03 (ii) The Tax Increment Financing Plan will generally complement and serve to implement policies adopted by the City. (d) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopmentby private enterprise can occur within Development District No. 1. 4. Public Purpose. The adoption of the Modification to the Development Program for Development District No. 1, and the adoption ofthe Tax Increment Financing Plan for Housing District No. 1-7 therein conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opportunities and provide safe, decent, sanitary housing for all residents of the city to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 5. Certification. The Auditor of Ramsey County is requested to certify the original net tax capacity of Housing District No. 1-7 as described in the Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Clerk is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Housing District No. 1-7 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 6. Filine. The City Clerk is further authorized and directed to file a copy of the Development Program and Tax Increment Financing Plan for Housing District No. 1-7 with the Commissioner of Revenue. 7. Administration. The administration of Development District No. 1 is assigned to the City Clerk who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. Seconded by Councilmember Wasiluk Ayes-All 5. 8:27 p.m. Street Right-of--Way Vacations-Maplewood Middle School (Holloway Avenue) a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. a Commissioner Rossbach presented the planning commission report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None e. Mayor Cardinal closed the public hearing. City Counci105-12-03 Councilmember Juenemann moved to adopt the following resolution for the vacation of the Tierney Avenue and Frisbee Avenue street rights-of--way at Maplewood Middle School: RESOLUTION 03-OS-079 STREET VACATION RESOLUTION WHEREAS, School District 622 has applied for the vacation of the Tierney Avenue and Frisbie Avenue rights-of--way located on the Maplewood Middle School property, 2410 Holloway Avenue. WHEREAS, the history of this vacation is as follows: On April 21, 2003, the planning commission recommended that the city council approve these vacations. 2. On May 12, 2003, 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 property located at 2410 Holloway Avenue, legally described as follows: All of Wiesner Park NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described street right-of--way vacations because there is no public purpose in retaining them. Seconded by Councilmember Koppen Ayes-All 6. 8:27 p.m. Frontline Church Conditional Use Permit (2055 White Bear Avenue) a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. a Commissioner Rossbach presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Bill Arrigoni, 1394 Hilltop Ridge, Houlton, WI e. Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the following resolution for the conditional use permit for Frontline church to operate in the building at 2055 White Bear Avenue. Maplewood bases this permit on the findings required by the code and subject to the following conditions: RESOLUTION 03-OS-080 CONDITIONAL USE PERMIT RESOLUTION City Counci105-12-03 10 WHEREAS, Mr. Bill Arrigoni, representing Frontline Church, is requesting that Maplewood approve a conditional use permit for a church to operate in an existing office/warehouse building. WHEREAS, this permit applies to the property at 2055 White Bear Avenue. The legal description is: SABIN GARDEN LOTS, SUBJECT TO ROAD; EXCEPT PART OF LOTS 4, 5 & 6 BLK 6 DESCRIBED AS COM AT SW CORNER OF SAID LOT 6 THEN NELY ON WESTERLY LINE SAID LOT 6 FOR 28 FT TO BEG; THEN SELY PAR TO SOUTHERLY LINE SAID LOT 6 FOR 391.56 FT THE NELY DEF LEFT 90 DEGREES FOR 263.26 FT THEN NWLY DEF LEFT 90 DEG FOR 270.39 FT TO POINT ON WLY LINE SAID LOT 4 SAID POINT BEING 318 FT NE OF SAID SW CORNER OF SAID LOT 6 THE SWLY TO BEGINNING; THE FOLLOWING PART OF SAID LOTS 4.5 & 6 LYING SLY OF A LINE DESCRIBED AS BEGINNING AT POINT ON WL SAID LOTS 368 FT NLY FROM SW CORNER SAID LOT 6 THEN SELY TO POINT ON EL OF SAID LOT 5 SAID POINT BEING 368 FT NORTH FROM SE CORNER OF SAID LOT 6 & THERE TERMINATING (PIN 15-29-22-11-0050) WHEREAS, the history of this conditional use permit is as follows: 1. On April 21, 2003, the planning commission recommended that the city council approve this permit. 2. On May 12, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED thatthe council approve the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with Maplewood's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features City Counci105-12-03 11 into the development design. 9. The use would cause minimal adverse environmental effects. 10. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. Approval is subject to the following conditions: 1. All construction shall follow the plans dated March 26, 2003, as approved by the city. The director of community development may approve minor changes. 2. The proposed church must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The church shall meet the requirements of the city building official and the fire marshal. In addition, city staff shall determine the maximum capacity of the church upon review of the final floor and building plans. 4. The property owner or manager shall sweep and restripe the parking lot before the church occupies their space. 5. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes-All 8:40 p.m. County Road DExtension -City Projects 02-07 and 02-08 Approve Resolution Selecting Alignment Options for Final Right of Way Acquisition Approve Resolution Authorizing Preparation of Preliminary Report Approve Resolution Adopting Storm Water and Wetland Mitigation Plan 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, SEH, engineer for the project provided further details. e. Commissioner Rossbach presented the Planning Commission Report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Jim Kittleson, 7300 Hudson Blvd., Oakdale Mike Gengler, 6291 Jasmine Avenue, Grant Township Gerald Peterson, 3016 Hazelwood, Maplewood George Supan, 3050 Hazelwood, Maplewood g. Mayor Cardinal closed the public hearing City Counci105-12-03 12 Councilmember Koppen moved to adopt the following resolution which approve Alignment Options E-5 and W-1 as the final alignment, along with Intersection Option 2, as the final alignment for the County Road D Realignment Project (City Projects 02-07 and 02-08): RESOLUTION 03-OS-081 ESTABLISHING FINAL ALIGNMENT FOR COUNTY ROAD D EXTENSION HAZELWOOD TO TH 61, CITY PROJECT 02-07 TH 61 TO HIGHRIDGE COURT, CITY PROJECT 02-08 WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D between Hazelwood Street and Trunk Highway 61 (TH 61) and between TH 61 and Highridge Court, City Projects 02-07 and 02-08, respectively, and WHEREAS, the City Council ordered preparation of an alignment study to finalize all issues related to the final right of way acquisition issues of the selected alignment, and WHEREAS, the City Engineer and URS, Inc. have presented the alignment study recommending various alignment options, and WHEREAS, the City Council has conducted numerous open forums and discussion sessions and has called a public hearing for May 12, 2003, to hear all concerned comments from citizens and property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That Alignment Option E-5 from the URS Alignment Options Study is hereby established for the final alignment of County Road D between Hazelwood Street and Trunk Highway 61. 2. That Alignment Option W-1 from the URS Alignment Options Study is hereby established for the final alignment of County Road D between Trunk Highway 61 and Highridge Court. That Intersection Alignment Option #2 from the URS Alignment Options Study is hereby established for the final alignment of County Road D at the intersection with Trunk Highway 61. City Counci105-12-03 13 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Koppen and Juenemann Nays-Councilmember Wasiluk Councilmember Koppen moved to adopt the following adopting the resolution authorizing preparation of the Preliminary Report for the County Road D Improvement Project both east and west of TH 61: RESOLUTION 03-OS-082 PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to County Road D, from Hazelwood Street to Trunk Highway 61, City Project 02-07 and to County Road D, from Trunk Highway 61 to Highridge Court, City Project 02-08, and to assess the benefited properties 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: 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. FURTHERMORE, additional funds in the amount of $30,000 are appropriated to complete the feasibility report for Project 02-07 and $30,000 are appropriated to complete the feasibility report for Project 02-08. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Koppen and Juenemann Nays-Councilmember Wasiluk Councilmember Juenemann moved to adopt the following adopting the resolution adopting the Storm Water Management and Wetland Mitigation Plan: RESOLUTION 03-OS-083 ADOPTING STORM WATER AND WETLAND MITIGATION PLAN WHEREAS, an Alternative Urban Areawide Review (AUAR) has been prepared for the Legacy Village at Maplewood development proposal, City Project 02-18, that has identified impacts to wetlands and the public drainage systems, and WHEREAS, an Environmental Assessment Worksheet (EAW) has been approved 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, that identified impacts to wetlands and the public drainage system, and WHEREAS, the City Council desired that wetlands and storm water drainage be enhanced City Counci105-12-03 14 within the area bounded by Beam Avenue on the south, Southlawn Drive on the east, Interstate 694 on the north, and Duluth Street on the west, and WHEREAS, the City Council has directed that a report be prepared detailing the system-wide approach to protect and enhance wetlands within said project area, and WHEREAS, the City Engineer has directed the preparation of a report by SEH Engineers, Inc., titled Storm Water and Wetlands Plan for the Maplewood Mall Area Transportation Improvements, that provides long-term guidance for mitigation of wetland impacts and storm water drainage for the project area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That said project report is hereby adopted as proposed and the City Engineer is directed to implement the findings and recommendations of the study into the area project improvements and the proposed Legacy Village Development proposals. Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Collins, Koppen and Juenemann Nays-Councilmember Wasiluk I. AWARD OF BIDS 1. English Street Improvements -City Project 01-14: Approve Resolution Awarding Construction Contract for Roundabout Landscaping a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Collins moved to adopt the following resolution for the English/Frost Roundabout Landscape Improvements. Project 01-14, awarding a construction contract in the amount of $76.724.00 to Hoffman & McNamara for the roundabout landscaping and Alternates 1, 2, and 3: RESOLUTION 03-OS-084 AWARDING A CONSTRUCTION CONTRACT WHEREAS, pursuant to an advertisement for bids for the roundabout landscaping improvements for English Street Improvements, Project 01-14, bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: (Boulevards) (2-year Maint) (Sprinkler) Contractor Base Bid Alternate 1 Alternate 2 Alternate 3 Hoffman & McNamara $45,324.00 $13,050.00 $ 7,350.00 $11,000.00 Magnum Co. $42,920.90 $18,675.00 $11,000.00 $11,950.00 Ryan Contract $45,691.00 $15,435.00 $ 6,000.00 $15,000.00 AND WHEREAS, the City Council desires to install boulevard plantings via Alternate 1, enter City Counci105-12-03 15 into a 2-year maintenance agreement via Alternate 2, and install a sprinkler system via Alternate 3, AND WHEREAS, it appears that Hoffman & McNamara is the lowest responsible bidder for the base bid and a combination of Alternate 1, Alternate 2 and Alternate 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a construction contract in the name of the City of Maplewood for the Roundabout Landscaping Improvements for the English Street Improvements, City Project 01-14, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The city engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the neat lowest bidder shall be retained until a contract has been signed. Seconded by Councilmember Koppen Ayes-All 2. Kennard/Frost Area Street Improvements -City Project 02-10: Approve Resolution Awarding Construction Contract 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 accepting the bids and awarding the contract to T.A. Schifsky and Sons. Inc. in the amount of $2.206.112.28: RESOLUTION 03-OS-085 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc. in the amount of $2,206,112.28 is the lowest responsible bid for the construction of Kennard/Frost Area Street Improvements, City Project 02-10, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmember Juenemann Ayes-All 3. Maplewood Drive/Keller Parkway -City Project 03-02: Approve Resolution Awarding Construction Contract a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Collins moved to adopt the following resolution accepting the bids and awarding a construction contract to T.A. Schifsky and Sons Inc, in the amount of $102.364.64: City Counci105-12-03 16 RESOLUTION 03-OS-086 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the city council on March 31, 2003, plans and specifications for the Maplewood Drive/Keller Parkway Resurfacing, City Project 03-02, have been approved, and WHEREAS, pursuant to resolution passed by the city council on March 31, 2003, bids were received and publicly opened and read aloud on May 2, 2003 as follows: 1. T.A. Schifsky and Sons, Inc. $102,364.64 2. Midwest Asphalt Corporation $105,027.60 3. Hardrives $109,213.60 4. Tower Asphalt $109,631.40 5. Northwest Asphalt, Inc. $115,268.00 6. Ace Blacktop, Inc. $117,794.00 7. North Valley, Inc. $119,771.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Said bids as opened on May 2, 2003, are hereby received and acknowledged. 2. A construction contract in the amount of $102,364.64 is hereby awarded to the lowest responsible bidder, T.A. Schifsky and Sons, Inc., and the mayor and city manager are hereby authorized to execute said construction contract. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. Seconded by Councilmember Juenemann Ayes-All J. UNFINISHED BUSINESS 1. Hazelwood Street Improvements (Cty Rd C to Beam) -City Project 01-16 Reconsideration of Authorization to Proceed with Project and Resolution Ordering Improvement and Preparation of Plans and Specifications (4 Votes) a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Mayor Cardinal moved to approve the improvements without assessments to the homeowners. Motion died due to the lack of a second. Councilmember Koppen moved to adopt the following resolution Ordering the Improvement of Hazelwood Street (County Road C to Beam Avenuel. Proiect 01-16. and that the City Council select Financing Option #2, deferring assessments without interest until January 1. 2008, and directed the City Engineer to prepare a policy for establishment of deferments for sinele family homes on Municipal State Aid Funded streets City Counci105-12-03 17 RESOLUTION 03-OS-087 IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the 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 of the 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, and WHEREAS, the city council did not vote to approve the project on April 14, 2003, and WHEREAS, pursuant to city council rules, a motion to reconsider the project vote was duly made on April 28, 2003, placing the reconsideration of the vote on the May 12, 2003, City Council Meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood 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 12th day of May 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 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 $ 916,680 Assessments $ 246,590 Sanitary Sewer Fund $ 5,800 SPRWS Obligation $ 8,500 Private Agreements $ 104.430 Total $1,282,000 Seconded by Councilmember Collins Ayes-Mayor Cardinal, Councilmembers Juenemann, Collins and Koppen Nays- Councilmember Wasiluk 2. Legacy Village of Maplewood -City Project 02-18: Approve Resolution Adopting a Final Alternative Urban Areawide Review (AUAR) Document and Mitigation Plan for City Counci105-12-03 18 The Legacy Village at Maplewood in the City of Maplewood. a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Mayor Cardinal moved to adopt the following resolution adopting the Final Alternative Urban Area-Wide Review Document and Mitigation Plan for Le~acy Village. Citj Project 02-18: RESOLUTION NO. 03-OS-088 A RESOLUTION ADOPTING A FINAL ALTERNATIVE URBAN AREA WIDE REVIEW (AUAR) DOCUMENT AND MITIGATION PLAN FOR THE LEGACY VILLAGE AT MAPLEWOOD IN THE CITY OF MAPLEWOOD. WHEREAS, on November 25, 2002, the Maplewood City Council authorized preparation of an AUAR for the Legacy Village at Maplewood project; and WHEREAS, on January 6, 2003, the draft AUAR was prepared and distributed in accordance with Minnesota Environmental Review Program procedures; and WHEREAS, the 30-day public review and comment period on the draft AUAR environmental analysis document ended on February 5, 2003; and WHEREAS, the draft AUAR was revised and includes a plan for mitigation specifying the mitigation measures that will be imposed upon further development within the study area in order to avoid or mitigate potential environmental impacts; WHEREAS, the revised AUAR was submitted to the Maplewood City Council on March 31, 2003, for review; and WHEREAS, the Maplewood City Council approved resolution #03-04-058 authorizing distribution of the final AUAR and mitigation plan for the Legacy Village at Maplewood in accordance with the Minnesota Environmental Quality Review Program procedures; and WHEREAS, no objections to the final AUAR environmental analysis document and mitigation plan were filed with the City of Maplewood within the time limit prescribed by state law. 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 the Legacy Village at Maplewood is hereby adopted. Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Juenemann, Collins and Koppen Nays-Councilmember Wasiluk 3. Kennard Street Improvements (Beam to Cty Rd D) -City Project 03-04 Approve Resolution Authorizing Preparation of Preliminary Report City Counci105-12-03 19 a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution Ordering the Preparation of the Preliminary Report for the Kennard Street Improvements (Beam to County Road D), Project 03-04, and authorize the finance director to transfer an additional $15.000 to the proiect fund: RESOLUTION 03-OS-089 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Kennard Street, from Beam Avenue to County Road D, City Project 03-04, and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, on December 23, 2002, the City Council adopted a resolution to prepare preliminary costs and alignment options for this route and appropriated $15,000 for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 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. FURTHERMORE, additional funds in the amount of $15,000 are appropriated to complete this feasibility report. Seconded by Councilmember Koppen Ayes-All K. NEW BUSINESS None L. VISITOR PRESENTATIONS 1. Will Rossbach, 1386 County Road C, Maplewood, commented on planned and future road projects. M. COUNCIL PRESENTATIONS 1. Emma's Place Meeting-Councilmember Collins reminded the council of the meeting with Council, staff and the Human Relations Commission May 20~' 6:30 p.m.- 8:00 p.m. in the banquet room at the Community Center. 2. Wateriest-Councilmember Juenemann invited everyone to attend this free event. It will be held 10:00 a.m. to 3:00 p.m. May 17~' at Lake Phalen Park. 3. Neighborhood Cleanup-Councilmember Juenemann asked all citizens to complete a spring clean up in their yards and boulevards. 4. NEST-Councilmember Koppen announced NEST recently celebrated its 15-year City Counci105-12-03 20 anniversary. NEST is acurb-to-curb bus service for residents of Maplewood, North St. Paul and Oakdale at $1.75 per ride. 5. DARE Graduations-Mayor Cardinal confirmed D.A.R.E. graduation dates and the Councilmembers that will be attending each ceremony. 6. L.U.S.T. (Leaking Underground Storage Tanks) Sites-Mayor Cardinal noted there are many L.U.S.T. sites in Maplewood that he and City Manager Fursman will address. 7. Cable Commission-Mayor Cardinal stated that there have been recent technical broadcasting problems that the Cable Commission is addressing. 8. National Law Enforcement Week-Councilmember Juenemann noted May 11-17 is National Law Enforcement Week. N. ADMINISTRATIVE PRESENTATIONS 1. Monday, May 19th a joint meeting of the City Council and the Planning Commission will be held at 6:00 p.m. in the council chambers to discuss Legacy Village. O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 10:12 p.m. Seconded by Councilmember Juenemann Ayes -All City Counci105-12-03 21