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HomeMy WebLinkAbout06-23-2003MINUTES MAPLEWOOD CITY COUNCIL 7:30 P.M., June 23, 2003 Council Chambers, Municipal Building Meeting No. 03-13 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 7:30 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 City CounciUManager Workshop-June 09, 2003 Councilmember Collins moved to approve the CounciUManager Workshop Minutes of June 9. 2003 as presented. Seconded by Councilmember Koppen Ayes-All 2. Minutes from the City Council Meeting-June 9, 2003 Councilmember Collins moved to approve the City Council Meeting Minutes of June 9, 2003 as amanrlarl Seconded by Councilmember Juenemann Ayes-All APPROVAL OF AGENDA M 1. City Attorney M2. League of Minnesota Cities Convention M3. Finance Department M4. Peter Fischer N1. Reschedule City Council Meeting Councilmember Wasiluk moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All City Council Meeting 06-23-03 F. APPOINTMENTS/PRESENTATIONS 1. Human Relations Commission Appointments a. City Manager Fursman presented the report. b. Lieutenant Kevin Rabbet provided specifics of the report. Councilmember Juenemann moved to appoint Roberta Hawkins and Marilyn Gebaner to the Maplewood Human Relations Commission, and to reappoint Elmo Mattox to a new three- term. Seconded by Councilmember Koppen Ayes-All 2. 2002 Financial Audit Report and Audit a. City Manager Fursman presented the report. b. Finance Director Faust provided specifics of the report. c. Chris Omdahl of KPMG reviewed the annual audit report. Councilmember Collins moved to accept the 2002 Annual Financial Report. Seconded by Councilmember Koppen Ayes-All 3. Emergency Management Director Candidate a. Mayor Cardinal presented the report. b. Bud Berry, the applicant was present for questions. c. Judson Freed, the Emergency Management Director for Ramsey County, was present to meet the council. No action was taken. G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE $358,258.61 Checks #61068 thru #61135 dated 6/10/03 $143,223.68 Disbursements via debits to checking account dated 5/29 thru 5/30/03 $350.00 Checks #61136 thru #61137 dated 6/9 thru 6/12/03 City Council Meeting 06-23-03 2 $149,620.98 Checks #61138 thru #61192 dated 6/17/03 $259,662.68 Disbursements via debits to checking account dated 6/6 thru 6/12/03 $911,115.95 Total Accounts Payable PAYROLL $414,845.30 Payroll Checks and Direct Deposits dated 6/6/03 $25,921.32 Payroll Deduction checks #93819 thru #93826 dated 6/6/03 $440,766.62 Total Payroll $1,351,882.57 GRAND TOTAL 2. Human Relations Commission 2002-2003 Annual Report Accepted the Human Relations Commission annual report for 2002-2003. 3. Conditional Use Permit Review-Lexus Automobile Dealership (3000 Maplewood Drive) Approved to review the conditional use permit for the Lexus automobile dealership at 3000 Maplewood Drive again only if a problem develops or if the owner proposes a major change. 4. Temporary Fireworks Permit Fee Set the Temporary Fireworks Permit Fee at $100.00. 5. Parkway Lift Station Removal, City Project 02-14 -Resolution Approving Final Assessment Roll Adjustment Approved the following Resolution for the Adoption of the Revised Assessment Roll for the Parkway Lit Station Removal Improvements, Project 02-14: RESOLUTION 03-06-114 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2003, the assessment roll for the Parkway Lift Station Removal Improvements, Project 02-14, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, one property owner filed an objection to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Gary and Aileen Blair (PIN 172922440018 and -0019) request that their property be assessed at the residential rate rather than the commercial rate. City Council Meeting 06-23-03 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Parkway Lift Station Removal Improvements, City Project 02- 14: 1. Gary and Aileen Blair (PIN 172922440018 and -0019): Grant request that both parcels be assessed at the residential rate rather than the commercial rate. B. 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. C. 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. D. 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. 6. Housing Replacement Fund Transfer to the Park Development Fund Approved to credit the Park Development Fund $82,683 for the sale of Lot Seven of the Gladstone Park. Transfer to Close Fund for Carver Avenue Trunk Sanitary Sewer, Project 03-17 Approved a transfer of $6, 567.40 from the General Fund to the project fund to finance the feasibility study cost and authorize the appropriate budget changes. Councilmember Wasiluk moved to approve consent agenda items 1 and 3-7 as presented. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to approve consent agenda item 2 as presented. Seconded by Councilmember Koppen Ayes-All City Council Meeting 06-23-03 H. PUBLIC HEARINGS 1. 8:32 p.m Tax-Increment Financing Sibley Cove a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. c. Boardmember Olson presented comments from the Community Design Review Board meeting. d. David Steele, the applicant thanked the city and staff for their support of the project. e. Norm Jones, attorney for the applicant, reminded the council why Sibley Cove is a good project. Mary Ippel from Briggs and Morgran provided further specifics. g. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None h. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution establishing atax-increment financing district for the Sibley Cove Apartment of County Road D and Ariel Street for up to 26 RESOLUTION 03-06-115 APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING HOUSING DISTRICT NO. 1-8 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR 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. 1-8 therein and approve and accept the proposed Tax Increment Financing Plan therefor 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. 1-8 (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. 1-8 therein, and the adoption of a proposed development program and tax incrementfinancing plan therefor, including, but not limited to, notification of Ramsey County and Independent School District No. 622 havingtaxing jurisdiction overthe property to be included in Housing District No. 1-8 and the holding of a public hearing upon published and mailed notice City Council Meeting 06-23-03 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. 1-8 as described in the Modification. 2. Housing District No. 1-8. 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. 1-8, and the City Council makes the following findings: (a) Housing District No. 1-8 is a housing district as defined in Minnesota Statutes, Section 469.174, Subd. 11, the specific basis for such determination being that the 80 unit rental housing facility project will provide safe, decent, affordable, sanitary housing for residents of the 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. 1-8 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. 1-8 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 marketvalue ofthe site absent the establishment of Housing District No. 1-8 andthe use of tax increments. (c) The Tax Increment Financing Plan for Housing District No. 1-8 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. 1-8 is properly zoned; and City Council Meeting 06-23-03 (ii) The Tax Increment Financing Plan will generally compliment 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. 1-8 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. 1-8 as described in 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. 1-8 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. 1-8 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 Juenemann Ayes-All 2. 8:50 p.m. Kennard/Frost Area Street Improvements, Project 02-10 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 Collins moved to adopt the following resolution approving the adoption of the sunnlemental assessment roll for the Kennard/Frost Area Street Improvements. Project 02-10. City Council Meeting 06-23-03 This project item is budgeted at $60,000 out of the total assessments of 1.1 million (2.5 million dollar proiect): RESOLUTION 03-06-116 ADOPTING SUPPLEMTAL ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 26, 2003, calling for a Supplemental Public Hearing, the supplemental assessment roll for Parcel 15-29-22-43-0016 (Presentation Church, 1725 Kennard Street N.) of 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, the property owner has not filed an objection to their assessments according to the requirements of Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review any objection received and report to the City Council at the regular meeting on July 14, 2003, as to their recommendations for adjustments. 2. The supplemental assessment roll for Parcel 15-29-22-43-0016 (Presentation Church, 1725 Kennard Street N.) of the Kennard/Frost Area Street Improvements, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said supplemental 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. 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. City Council Meeting 06-23-03 Seconded by Councilmember Juenemann Ayes-All 3. 8:55 p.m. St. Paul Regional Water Services -McCarron's Water Treatment Plant a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. a Commissioner Fischer presented the Planning Commission Report. d. Boardmember Olson presented the Design Review Board Report. e. Jim Butler, architect for the project provided further specifics. Councilmember Koppen moved to adopt the following resolution approving a stream setback variance at the St. Paul Water Regional Water Service at the McCarron's Water Treatment Plant: RESOLUTION 03-06-117 STREAM SETBACK VARIANCE WHEREAS, David Wagner, of the Saint Paul Regional Water Services, asked the city to approve a stream setback variance from the zoning ordinance. WHEREAS, this variance applies to the water utility property at 1900 Rice Street. The legal description is: SECTION 18, TOWNSHIP 29, RANGE 22 IN THE VILLAGE OF MAPLEWOOD REVISED DESCRIPTION NUMBER 175 A SPECIFIC PART OF SEC 18, TN 29, R 22. (PIN 18-29-22-31- 0042) WHEREAS, Section 36-196(h) of the wetland protection ordinance requires a 60-foot-wide stream buffer area neat to streams. WHEREAS, the applicant is proposing a 40-foot-wide stream buffer. WHEREAS, the history of this variance is as follows: 1. On June 2, 2003, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on June 23, 2003. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance for the following reasons: Strict enforcement of the code would cause undue hardship because of circumstances unique to the property. The 60-foot-wide stream buffer requirement would make development of this site City Council Meeting 06-23-03 difficult. 2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would greatly improve a portion of the stream buffer over its present state and the proposed development plans will treat storm water from the site with rainwater gardens, bio-retention basins and other best management practices. Approval is subject to the applicant doing the following: Dedicating a 40-foot-wide stream protection buffer easement along the west property line of the site adjacent to the future cold storage building and creating a buffer along the entire length of the stream contained or bordering their property. The buffer shall be 50 feet wide in all possible areas. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. The applicant shall record this easement before the city issues a building permit. 2. Submitting a revised landscape plan for the restoration of all the stream-protection buffer on the west side of the site, including all the day-lighted parts of Trout Brook. This plan shall show extensive use of native plantings and grasses and shall be subject to city staff and watershed district approval. 3. Installing city approved signs at the edge of the stream-protection buffer that prohibit any building, mowing, cutting, grading, filling or dumping within the buffer. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the following resolution approving a conditional use permit revision for the addition of four building a new parking lot and associated site plan chances for the St. Paul Recional Water Services McCarron's Water Treatment Plant at 1900 Rice Street North: CONDITIONAL USE PERMIT REVISION RESOLUTION 03-06-118 WHEREAS, the Saint Paul Water Utility has requested a revision to their conditional use permit to add four new buildings, parking and landscaping to plant facilities at the St. Paul Water Utility McCarron's Water Treatment Plant. WHEREAS, this permit applies to the property at 1900 Rice Street North. The legal description is: SECTION 18, TOWNSHIP 29, RANGE 22 IN THE VILLAGE OF MAPLEWOOD REVISED DESCRIPTION NUMBER 175 A SPECIFIC PART OF SEC 18, TN 29, R 22. (PIN 18-29-22-31- 0042) WHEREAS, the history of this conditional use permit is as follows: 1. On June 2, 2003, the planning commission recommended that the city council approve this permit. 2. On June 23 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 City Council Meeting 06-23-03 10 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 that the city council approves 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 the city'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. 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. 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. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes-All Councilmember Koppen moved to adopt the design plans for the St. Paul Regional Water Services McCarron's Water Treatment Plant at 1900 Rice Street North: Approve the plans (date-stamped Apri124, 2003) for the proposed office building, meter shop and vehicle maintenance buildings (with the associated parking and landscaping) at the St. Paul City Council Meeting 06-23-03 11 Regional Water Services McCarron's Water Treatment Plant at 1900 Rice Street North. This approval does not include the future cold vehicle storage building shown on the plans along the west side of the site. The city bases this approval on findings required by the code. The property owner or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a permit for this project. 2. Provide the following for city staff approval before the city issues a grading or building permit: a. Building material and color samples of the plaster, metal panels, roofs, trim, and garage doors. b. A revised landscape/screening plan that shows the following: (1) The spruce trees proposed for the south and east sides of the parking lot and the property revised from 6 feet in height to 8 feet in height. (2) The planting of more coniferous trees along the south and east sides of the proposed parking lotto help screen the parking lot from the houses to the south and east. (3) Landscaping details for the stream buffer area and for the proposed rainwater gardens. If the basin area will only be seeded, the area must be vegetated with native grasses and forbes. The mix design must be approved by the city before the contractor does the seeding. (4) An in-ground irrigation system (including sprinkler heads) for the areas that would have sod. The city does not require irrigation for areas with native grasses or for the rainwater gardens. c. Detailed grading, drainage, paving, utility and erosion control plan for approval by the Assistant City Engineer. These plans shall meet all the requirements of the Assistant City Engineer. d. A detailed photometric plan for all proposed outdoor lighting showing the location, style, height and design of the proposed light fixtures. All freestanding lights shall not be taller than 25 feet, and the illumination from any outdoor light must not exceed 0.4-foot candles at all property lines. e. Plans for any trash-dumpster enclosures. The gates for such enclosures shall be 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the new buildings. These plans shall be subject to staff approval. f Proof of recording of a 40-foot-wide stream protection buffer easement along the west property line. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city issues a building permit. g. A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. City Counci105-27-03 12 3. Complete and install all required exterior improvements, including the approved landscaping and any dumpster enclosures before occupying the buildings. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. I. J. K. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes-All AWARD OF BIDS 1. White Bear Avenue Intersection Improvements at Woodlyn and Lydia, Project 01-08 a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt a motion to concur with Ramsey County in awarding as construction contract to Jay Brothers in the amount of $158.096.00 and approve a cost share of $79.048.00 for Maplewood's share from the city's MSAS account for the White Bear Avenue Improvements at Woodlyn and Lydia, City Project 01-08. Seconded by Councilmember Juenemann UNFINISHED BUSINESS None NEW BUSINESS 1. 2:00 a.m. Bar Closing a. City Manager Fursman presented the staff report. Ayes-All b. City Clerk Guilfoile presented specifics from the report. Councilmember Collins moved to schedule a Public Hearing for the first meeting in September to address the 2:00 a.m. bar closing. Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Koppen, City Counci105-27-03 13 Juenemann and Collins Nays-Councilmember Wasiluk 2. Outdoor Event-The Chalet a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. c. Brad Karl, the applicant and owner of the Chalet Lounge was present for questions. d. James Roehl, a volunteer from Make-A-Wish was also present for questions. Councilmember Koppen moved to approve the Outdoor event for Brad Karl at the Chalet Lounge at 1820 Rice Street. Seconded by Councilmember Wasiluk Ayes-Mayor Cardinal, Councilmember Juenemann, Koppen and Wasiluk Nays-Councilmember Collins 3. Metropolitan Council's Livable Communities Demonstration Account a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution showing the city council's intent to comply with the Livable Communities Demonstration Account Program contract requirements for the requested $8,000 opportunity grant for planning purposes for the Gladstone Neighborhood: RESOLUTION 03-06-119 AUTHORIZING AN APPLICATION FOR AN OPPORTUNITY GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Maplewood is a participant in the Livable Communities Act's Housing Incentives Program for 2003 as determined by the Metropolitan Council and is, therefore, eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the city has identified a proposed project within the city that meets the Demonstration Accounts purpose and criteria; and WHEREAS, the city has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the city certifies that it will comply with all applicable laws and regulations as stated in the contract agreements: and City Counci105-27-03 14 WHEREAS, the city council of the City of Maplewood, Minnesota agrees to act as legal sponsor for the project contained in the opportunity grant application submitted on June 2, 2003; THEREFORE, BE IT RESOLVED, that the city manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Maplewood and to execute such agreements as are necessary to implement the project on behalf of the applicant. Seconded by Councilmember Koppen 4. Larpenteur/Adolphus Redevelopment Site a. City Manager Fursman presented the staff report. Ayes-Mayor Cardinal, Councilmembers Collins, Juenemann and Koppen Nays-Councilmember Wasiluk b. Assistant City Manager Coleman presented specifics from the report. Councilmember Collins moved authorize city staff to request a proposal for housing redevelopment of the five city-owned properties on the northwest corner of Larpenteur Avenue and Adolphus Street for 11 town home units. Seconded by Councilmember Juenemann 5. Kennard Street Improvements a. City Manager Fursman presented the staff report. Ayes-Councilmembers Collins, Juenemann and Wasiluk Nays-Mayor Cardinal and Councilmember Koppen b. City Engineer Ahl presented specifics from the report. Councilmember Wasiluk moved to adopt the following resolution that receives the Preliminary Report: calls a Public Hearing for July 14. 2003 at 7:45 pm, authorized preparation of plans and specifications at an additional budget expense of $10,000; and authorizes the engineering staffto begin negotiations for the necessary right of way for the Kennard Street Improvements (Beam to County Road D), City Project 03-04: RESOLUTION 03-06-120 ACCEPTING REPORT CALLING FOR PUBLIC HEARING AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AUTHORIZING NEGOTIATIONS FOR RIGHT OF WAY WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report has been prepared under the direction of the city engineer with reference to the improvement of Kennard Street (Beam to County Road D), City Project 03-04, and this report was received by the council on June 23, 2003, and City Counci105-27-03 15 WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost for Phase One of the improvement of $2,847,827. 2. A public hearing shall be held on such proposed improvement on the 14th day of July 2003 in the council chambers of city hall at 7:45 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. The City Engineer is hereby authorized to proceed with preparation of plans and specifications for the making of this improvement. The Finance Director is directed to transfer an additional $100,000 into the project fund for the preparation of said plans. 4. The City Engineer is hereby authorized to begin negotiations on behalf of the City for acquisition of the necessary right of way and easements for the making of this improvement as described within the preliminary report. The City Engineer is further directed to delay preparation of formal offers for property until the City Council has heard all appropriate public testimony and consider ordering the project to construction. Seconded by Councilmember Juenemann Ayes-All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Annual Community Development Tour, June 30th, 5:30 p.m. to 8:30 p.m.-Assistant City Manager Coleman invited the council, Human Relations Committee, Community Design Review Board, Planning Commission and Parks and Recreations Committees to attend. There will be a picnic lunch following at Battle Creek Park. 2. City Attorney Kelly-Mayor Cardinal commended City Attorney Kelly for concluding a year as President of the Ramsey County Bar. Mr. Kelly added that he has been nominated to serve at Secretary for the State Bar in the upcoming year and President by the year 2005. 3. League of Minnesota Cities Convention-Councilmember Juenemann shared positive feedback and comments from the League of Minnesota Cities Convention. 4. Finance Department-Councilmember Collins commended the complete Finance Department for their continued excellent work. 5. Peter Fisher-Councilmember Collins announced Parks and Recreation member Peter City Counci105-27-03 16 Fisher received the 2002 Public Service Award from Friend of the Parks and Trails. N. ADMINISTRATIVE PRESENTATIONS 1. July 28th City Council Meeting Rescheduling Councilmember Koppen moved to reschedule the second council meeting of July to Tuesday, July 22, 2003 7:00 p.m. (6:00 p.m. CounciUMana~er Workshop) Seconded by Councilmember Juenemann Ayes-All O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 10:06 p. m. Seconded by Councilmember Koppen Ayes -All City Counci105-27-03 17