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HomeMy WebLinkAbout10-13-2003MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M., October 13, 2003 Council Chambers, Municipal Building Meeting No. 03-25 A. B. C. D. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:03 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Boy scout troop 64 introduced themselves to the council and led those in attendance in the pledge of allegiance. 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 (left the meetng at 9:30) APPROVAL OF MINUTES 1. Minutes from the Council Manager Workshop-September 22, 2003 Councilmember Collins moved to approve the CounciUManager Workshop Minutes of September 22. 2003 as presented. Seconded by Councilmember Koppen Ayes-All 2. Minutes from the City Council Meeting-September 22, 2003 Councilmember Wasiluk moved to approve the City Council Meeting Minutes of September 22. 2003 as presented. Seconded by Councilmember Juenemann Ayes-All 3. Minutes from the City Council Special Meeting-September 22, 2003 Councilmember Collins moved to approve the Special City Council Minutes of September 22, 2003 as amended. Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers Koppen, Juenemann and Collins Abstain-Councilmember Wasiluk City Council 10-13-03 E. APPROVAL OF AGENDA M1. Maplewood Royalty M2. Speed Limits in School Zones M3. ARRM Events M4. Campaign Signs M5. Resolution In Support of Bus Barn M6. Fire Fighter Recognition M7. Hoedown at MCC N1. Temporary Gambling Permit Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Wasiluk Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Proclamation Make A Difference Day Councilmember Koppen moved to approve the following proclamation and declared Saturday. October 25. 2003 as Make A Difference Da, i City of Maplewood: Proclamation Whereas, serious social problems concern our nation and threaten its future; and Whereas, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and Whereas, we, the American people, have a tradirion of philanthropy and volunteerism; and Whereas, millions ofself-sacrificing individuals touched and enhanced the lives of millions on the annual Make A Difference Day by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and Whereas, USA Weekend Magazine and its affiliate newspapers and The Points of Light Foundation and its affiliate Volunteer Centers have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and Whereas, volunteer service is an investment in the future we all must share; NOW, THEREFORE, I, Mayor Bob Cardinal, do hereby proclaim Saturday, October 25, 2003, as Make A Difference Day in the City of Maplewood, Minnesota, and urge my fellow cirizens to observe this day by connecring with friends, fellow employees and relarives, and with religious, school and civic groups to engage in projects benefiting their community. Seconded by Councilmember Wasiluk Ayes-All City Council 10-13-03 G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE $200,842.80 Checks #61885 dated 9/22 thru 9/23/03 $235,660.87 Disbursements via debits to checking account dated 9/12 thru 9/18/03 $93,713.38 Checks #61965 thru #62024 dated 9/26 thru 9/30/03 $630,452.76 Disbursements via debits to checking account dated 9/19 thru 9/25/03 $3,646.35 Checks #62025 dated 10/01/03 $654,142.28 Checks #62026 thru #62081 dated 10/7/03 $1,246,130.28 Disbursements via debits to checking account dated 9/26 thru 10/02/03 $3,064,588.72 Total Accounts Payable PAYROLL $408,935.77 Payroll Checks and Direct Deposits dated 9/26/03 $4,318.38 Payroll Deduction checks #95091 thru #95095 dated 9/26/03 $413,254.15 Total Payroll $3,477,842.87 GRAND TOTAL 2. Kennard/Frost Area Street Improvements, Project 02-10: Resolution Directing Modification of the Existing Construction Contract, Change Order No. 4 Approved the following resolution directing the modification of the existing construction contract for the Kennard/Frost Area Street Improvement Project, City Project 02-10. RESOLUTION 03-10-192 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-10, Kennard/Frost Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-10, Change Order No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing City Council 10-13-03 contract by executing said Change Order No. 4 in the amount of $24,948.39. The revised contract amount is $2,261,558.96. No revisions to the project budget are required at this time, as these changes fall within the original project budget. 3. Standard Master Agreement for Professional Engineering Services between the City and Toltz, King, Duvall, Anderson and Associates, Ina (TKDA). Authorized the mayor and city manager to enter into the Standard Master Agreement for Professional Engineering Services from TKDA. Any subsequent project-specific contracts/proposals with TKDA would be directed to the city engineer for approval. 4. Parkway Lift Station Improvements, Project 02-14: Resolution Terminating Existing Agreement for the Joint Usage of the St. Paul Parkway Lift Station. Approved the following resolution terminating the existing Parkway Drive Lift Station agreement with the City of St. Paul. RESOLUTION 03-10-193 AUTHORIZING TERMINATION OF AN EXISTING AGREEMENT WITH THE CITY OF ST. PAUL FOR THE JOINT USAGE OF THE PARKWAY DRIVE LIFT STATION WHEREAS, the Parkway Lift Station Removal Project, City Project 02-14, has been recently completed, and WHEREAS, the project included the installation of gravity sanitary sewer and the removal of the existing City of St. Paul Parkway Drive Lift Station, and WHEREAS, the Parkway Drive Lift Station was removed from service on or about July 15, 2003, and WHEREAS, an existing agreement between Maplewood and the City of St. Paul for the joint usage of the Parkway Drive Lift Station is, therefore, no longer necessary, AND WHEREAS, Maplewood and the City of St. Paul need to terminate the existing agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA, as follows: 1. The existing joint usage agreement between Maplewood and the City of St. Paul for the Parkway Drive Lift Station shall be terminated effective July 15, 2003. Approved this 13th day of October 2003. 5. General Election Judges Resolution Certification Adopted the following Resolution accepting Election Judges for the 2003 General Election, to be held on Tuesday, November 4, 2003: RESOLUTION ACCEPTING ELECTION JUDGES 03-10-194 City Council 10-13-03 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2003 General Election, to be held on Tuesday, November 4, 2003: Cynthia Anderson Walter Hayde James Nieman Elsie Anderson Lloyd Hecht Louise Nieters Ronald Anderson Gordon Heinenger Ann Marie Norberg Suzanne Anderson Pat Hensley Mary Olson Marlis Barrett Constance Hines Norman Olson Joan Bartelt Shirlee Horton Phyllis Pauley Gerald Behm Jeff Janacek David Pehl Jaime Belland Barbara Jensen Karyl Petersen Carole Berger Judith Johannessen Sophie Peterson Merv Berger Barbara Johnson Linda Randolph Anna Breidenstein Victoria Jones Rose Marie Rossi Jennette Bunde Dorothea Kandler Elaine Rudeen Joan Button Marilyn Kidman Florence Sajevic Lucille Cahanes Helen King JanetSauro Anne Cardenas Rosemary Koch Larry Schaaf Tracy Carle Joan Kolasa Mary Ann Schneider Robert Carr Joseph Kolasa Sandy Schoenecker Thomas Connelly Mona Lou Krekelberg Don Schroepfer Mae Davidson Josephine Krominga Harriet Schroepfer Jean Dickson Margaret Kunde Evelyn Skluzacek Kathy Dittel Marvella Lackner Louis Spies Diane Droeger Rita Lally Tim Stafki Fred DuCharme Lorraine Lauren David Stark Audrey Duellman Barbara Leiter Lorraine Taylor Carolyn Eickhoff Christine Locke Rita Taylor John Eineke Delores Lofgren Faith Thomforde Elizabeth Erickson Richard Lofgren Milo Thompson Delores Fitzgerald Shirley Luttrell Pat Thompson Bob Flood Paul Maeyaert Franklin Tolbert Anne Fosburgh Carol Mahre Carmen Tomaszewski Lucille Foster Geraldine Mahre Gerry Trooien Mary Ann Franssen Rose Marie Manders Cecelia Tucker Rita Frederickson Delores Marsch Constance Unger Beverly Gelao Thomas Maskrey Barbara Vandeveer Clarice Gierzek Jackie Meyer Mary Vatne Mark Gilstad Joan Misgen Gene Wandersee Diane Golaski Bill Moen Gayle Wasmundt Betty Granger Katherine Mollers John Willy Guy Grant Betty Mossong Delores Witschen Ray Gullickson Gerald Muraski Wendy Haavisto Howard Muraski 6. Ordinance Acceptin g Recodification of City Code of Ordinances Adopted an ordinance adopting and enacting a new code for the city of Maplewood Minnesota. 7. Frontline Church Carnival Fee Waiver City Council 10-13-03 5 Issued a temporary permit for food sales to Lisa Arrigoni, on behalf of the Frontline Church 2055 White Bear Avenue. The church is having a carnival on October 25, 2003 from 1:00 a.m. to 4:00 p.m. 8. Speedway SuperAmerica-1750 White Bear Avenue-3.2 Malt Liquor Approved the 3.2 Malt Liquor license for Barry Sterling to be used at the Speedway SuperAmerica located at 1750 White Bear Avenue. 9. Presentation of the Blessed Virgin Mary Temporary Gambling License Approved a temporary gambling license for Stephen Klein, on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. The event will be held on November 19, 2003 from 6:00 p.m. to 11:00 p.m. RESOLUTION 03-10-201 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for Church of the Presentation of the Blessed Mary, 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 10. Conditional Use Permit Review Salvation Army (2080 Woodlyn Avenue) Approved to review the conditional use permit for the Salvation Army adult day care facility at 2080 Woodlyn Avenue only if the applicant proposes a change or if any problem arises. 11. Conditional Use Permit Review Sinclair Fuel Station (2158 Rice Street) Approved to renew the conditional use permits for the Sinclair Gas Station at 2158 Rice Street again only if the applicant proposes a change or if a problem arises. 12. Position Modification-City Clerk's Department Approved the position modification changing one full-time position to two part-time positions effective immediately. 13. Winter Sand for the 2003/2004 Season Awarded a bid for winter sand to Aggregate Industries, based on their low bid of City Council 10-13-03 $23,220.00. 14. Road Salt Needs for the 2003/2004 Season Authorized entering into a contract with North American Salt Company under State Contract #430992 for our winter road salt needs for $26,135.10. Councilmember Koppen moved to approve the consent agenda items as presented. Seconded by Councilmember Collins Ayes-All H. PUBLIC HEARINGS 1. 7:00 p.m. Hazelwood Street Improvements, Project 01-16: Assessment Hearing and Resolution for Adoption of the 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 persons were heard: Ron Erickson, 2699 Hazelwood Street, Maplewood Christeen Stone, 2727 Hazelwood Street, Maplewood Kathryn Irvin, 2707 Hazelwood Street, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolution for the adoption of the assessment roll for Hazelwood Street Improvements, Project 01-16: RESOLUTION 03-10-195 ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed on all objections to the proposed assessment for the construction of Hazelwood Street (County Road C to Beam Avenue), as described in the files of the city clerk as Project 01-16, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and 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 2. For the case of homesteaded, single family residential properties located in the MMATI Improvement area, it has been deemed that they shall be treated as undeveloped property until all roadway improvements in the designated MMATI area have been completed. The duration of construction in the MMATI area is proposed to extend for the duration of 5 years. Assessments for all homesteaded, single-family residential properties shall be deferred without interest for a period of five years. City Council 10-13-03 3. Assessments on all homesteaded, single family residential properties shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or after the first Monday in January 2009, and shall bear interest at the rate of 6.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment, no interest will be due on any of the assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. For all other commercial, multi-family and non-homesteaded residential properties, the assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or after the first Monday in January 2004, and shall bear interest at the rate of 6.0 percent per annum from 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. 5. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 6. To the extent that this improvement benefits nonabutting properties which maybe served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section 429.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 7. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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City Manager Fursman presented the staff report. b. Associate Planner Ekstrand presented specifics from the report. d. Commissioner Dierich presented the Planning Commission Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the following resolution vacating an unused drainage and utility easement on the property at 1280 Belmont Lane: VACATION RESOLUTION 03-10-196 WHEREAS, David Newberg, representing Wa and Cha Vang (the property owners), applied for the vacation of the following: A 10-foot-wide unused drainage utility easement located on the property at 1280 Belmont Lane, Maplewood (Property Identification Number: 16-29-22-11-0039) and described as follows: The 10-foot-wide drainage and utility easement on Lot 10, Block 9, Hills and Dales Plat Number 2 in Section 16, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: 1. On September 15, 2003, the planning commission recommended that the city council approve the public vacation. 2. On October 13, 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 this vacation, public interest in the property will go to the above-mentioned property (Lot 10, Block 9, Hills and Dales Plat Number 2). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- describedvacation for the following reasons: L It is in the public interest. 2. The easement is unused. 3. The easement is not needed for drainage or utility purposes. City Council 10-13-03 11 Seconded by Councilmember Koppen Ayes-All 3. 7:20 p.m. Grubers Power Equipment (1762 White Bear Avenue) A. Minor Subdivision B. Moratorium Variance C. Parking Lot Setback Variance D. Conditional Use Permit for Expansion of Exterior Storage a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. a Commissioner Dierich presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Matt Gruber, representing Gruber's Power Equipment Scott Carver, representing Junior Achievement Larry Griffin, 56~' South Street, Minneapolis, an attorney representing Junior Achievement Bob Zick, 1880 East Shore Drive, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to table this item until the October 27~' City Council Meeting for staff to compile detailed language for an approval of the variance. Gruber's representatives have consented to this delay. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmembers, Juenemann, Koppen Nays-Councilmember Collins 4. 7:30 p.m. Swimming Pool Fence Code Amendment a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. a Commissioner Dierich presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt ordinance 841, the first reading of the swimming pool fence code amendment and to add a fencing requirement for all pools (even covered City Council 10-13-03 12 Seconded by Councilmember Juenemann Ayes-All I. AWARD OF BIDS 1. ABATIX for two (2) Chemical Agent Detectors a. City Manager Fursman presented the staff report. b. Chief Lukin presented specifics from the report. Councilmember Juenemann moved to award a bid in the amount of $17.015.88 to ABATIX for two chemical went detectors. Seconded by Councilmember Collins Ayes-All 2. Carpet Replacement City Hall a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Wasiluk moved to award the bid amount of $69,754 to St. Paul Linoleum for the replacement of carpet for City Hall. Seconded by Councilmember Juenemann Ayes-All J. UNFINISHED BUSINESS None Afive-minute break was taken. CounciGnember Wasiluk left for the duration of the meeting. K. NEW BUSINESS 1. White Bear Avenue Improvements, Radatz to Buerkle Road, City Project 02-21: Review Improvement Plan a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. No Action required. 2. Century Avenue Improvements, Brookview to Linwood, City Project 03-15: Review Improvement Plan a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. No action required. City Council 10-13-03 13 3. TH 61 Improvements at County Road D, City Project 03-07: Resolution Approving Municipal Agreement Grant Request to MnDOT 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 approving the submittal of a Municipal Agreement Request to MnDOT for the TH 61 Improvements at County Road D, City Project 03-07: RESOLUTION 03-10-197 APPROVING MUNICIPAL AGREEMENT GRANT REQUEST TO MNDOT WHEREAS, it is proposed to realign County Road D, east of Trunk Highway 61, requiring improvements to Trunk Highway 61, City Project 03-07, and WHEREAS, the Minnesota Department of Transportation provides a program where funds are provided to local governments through the Municipal Agreement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD,MINNESOTA: That the City Engineer is hereby authorized to approve a request to MnDOT for improvements to TH 61 at the realigned intersection with County Road D and is instructed to include the grant request into the project planning for said Trunk Highway 61, City Project 03-07. Seconded by Councilmember Collins Ayes-Councilmembers Collins, Juenemann, Koppen Abstain-Mayor Cardinal 4. Springside Drive Extension, West of Sterling Street, City Project 03-36: Resolution Receiving Request and Directing Preparation of Preliminary Report a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Collins moved to accept the applicant's petition and approve the attached resolution receiving request and directing preparation of the preliminary report: RESOLUTION 03-10-198 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to extend Springside Drive, west of Sterling Street, construct atemporary cul-de-sac and extend utilities to the cul-de-sac, City Project 03-36, 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 City Council 10-13-03 14 connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $4,000 are appropriated to prepare this feasibility report. Seconded by Councilmember Koppen Ayes-All 5. Kennard Street Improvements, City Project 03-04: Resolution Receiving Petition for Parking Bay Improvements, Approving Change Order Financing and Approving Revised "No Parking" Resolution 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 that receives the petition for parking bays from 100% of the property owners along Kennard Street and declares the petition valid: approves the change order financing for the proiect and approves no parking restrictions along the remainder of the roadway: RESOLUTION 03-10-199 DECLARING ADEQUACY OF PETITION AND ORDERING IMPROVEMENT APPROVING CHANGE ORDER FINANCING APPROVING NO PARKING RESTRICTION KENNARD STREET IMPROVEMENT, PROJECT 03-04 WHEREAS, a certain petition requesting the improvement of parking bays along the western side of future Kennard Street, adjacentto future Outlot H of the Legacy Village of Maplewood plat, has been received from the current property owner consistent with and in conformity to Minn. Statute 429.035, and WHEREAS, said petition represents 100% of all property owners to be assessed for said improvement, and WHEREAS, said property owner has signed a waiver of irregularity and appeal, and WHEREAS, the City Engineer has presented change order financing for the improvement of said parking bays in the amount of $53,000, and WHEREAS, the City of Maplewood has approved the plans for the construction of Kennard Street from Beam Avenue to County Road D. WHEREAS, the city will be expending Municipal State Aid (MSA Project 138-142-01) funds on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum width standard with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. City Council 10-13-03 15 NOW, THEREFORE, IT IS HEREBY RESOLVED that 1. Said petition is hereby declared to be signed by 100% of the property owners and is hereby declared to be sufficient. 2. Said petition and waiver shall be sufficient to hereby waive the need for a public hearing on said improvement. 3. Such improvement of parking bays as petitioned is hereby found to be necessary, cost-effective and feasible and is ordered to be constructed as petitioned. 4. The City Engineer is designated as the engineer for this improvement and is hereby instructed to add said improvement of parking bays to the existing contract for City Project 03-04, Kennard Street Improvements. 5. Change Order No. 1 in the amount of $53,000 is hereby approved for City Project 03-04 for construction of said parking bays. 6. The City of Maplewood shall ban the parking of motor vehicles on both the east and the west side of Kennard Street from Beam Avenue to County Road D, except where parking bays are provided on the southbound parkway (west lane) and the total lane width is 26'. Seconded by Councilmember Koppen Ayes-All CouncilmemberJuenemann moved to extend the meerinQ unril all agenda items are completed. Seconded by Councilmember Collins Ayes-All 6. Approve Sale of Excess City Land to University Auto Sales at Northeast Corner of TH 36/61 a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to approve the sale of the excess property on the northeast corner of TH61 and TH36 to University Auto Sales at the final appraised value. This sale is referred to the City Engineer and City Attorney for final approval and minor adjustments are authorized to complete the sale: Seconded by Councilmember Collins Ayes-Council members Collins, Juenemann, Koppen Abstain-Mayor Cardinal Maplewood Pavement Management Policy: Resolution Approving Assessment Rate Update for 2004 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 adopting the 2004 assessment rates as outlined above and in the Maplewood Pavement Management Policy: City Council 10-13-03 16 RESOLUTION 03-10-203 ADOPTION OF THE 2004 ASSESSMENT RATES WHEREAS, the Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project, and WHEREAS, the policy, established in 1999, calls for the assessment rate to be adjusted each year, and WHEREAS, feasibility studies have been ordered for the 2004 construction season, WHEREAS, the assessment rates must be established to accurately complete the studies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The updated assessment rates are approved for all construction in the city of Maplewood during the 2004 construction season. 2. All rates shown are residential. Commercial rates are handled on an individual basis, but are typically figured on a front-foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate/75x1.5) to get the front-foot commercial and multi-family residential rate. Street Improvement Procedure 2004 1. Complete Street Reconstruction: $4300 2. Partial Reconstruction/LTnit: $3220 3. Bituminous Surface Replacement/iJnit: $2260 4. Mill & Overlay/iJnit: $1610 Other Imnrovement Rates 5. Storm drainage/unit: $670 6. Cash connect charge -water: $2760 7. Water service w/new main construction: $1050 8. Water service w/tap to existing main: $1310 9. Cash connect charge -sewer: $2760 10. Sewer service w/new main construction $1050 11. Sewer service w/tap to existing main: $1970 Seconded by Councilmember Juenemann Ayes-All 8. Contract for Purchase of Parcel Manager and Permits Software a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Collins moved to approved a contract with Eden Systems. Inc. for the purchase and implementation of parcel manager and permits software and authorized the appropriate budget changes totaling $79,880. City Council 10-13-03 17 Seconded by Councilmember Juenemann Ayes-All 9. Removal of Hazardous Building - 2575 Carver Avenue (Gearin) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. c. Peter Nikitas, attorney representing Patty Gearin spoke on the project d. Patty Gearin, home owner, provided further specifics Councilmember Collins moved to approve the resolution and the Order for Removal of the hazardous conditions at 2575 Carver Avenue: RESOLUTION 03-10-200 RESOLUTION APPROVING AN ORDER ORDERING REMOVAL OF A HAZARDOUS BUILDING AT 2575 CARVER AVENUE. WHEREAS, upon the City of Maplewood's inspection of the property of Patty Gearin ("Owner'~'s property at 2575 Carver Avenue, Maplewood, Minnesota, Parcel Number 24.18.22.12.0010 ("Property"), surface discharge of effluent from a septic tank located on the Property was found, numerous building code violations were found along with air quality issues, and not countingthe costs of dealing with the necessary mold lead remediation, and creating anew well and water treatment system, the total cost ofthe necessary repairs is approximately $35,675. WHEREAS, the dwelling has been vacant for several months and is not habitable in its current condition without posing a health and safety threat not only to the inhabitants but to the public; WHEREAS, the City is authorized to take action pursuant to Minnesota Statute Sections 463.15 to 463.61 to order Ms. Gearin to remove the hazardous building from her property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: The City shall issue an Order ordering Ms. Gearin to remove the hazardous building on her property at 2575 Carver Avenue within thirty (30) days. Seconded by Councilmember Koppen Ayes-All 10. Ramsey County HRA Levy a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. No action was taken. L. VISITOR PRESENTATIONS City Council 10-13-03 18 None M. COUNCIL PRESENTATIONS 1. Maplewood Royalty-Mayor Cardinal would like this item addressed at a Council/Manager Workshop. 2. Speed Limits in School Zones Mayor Cardinal moved to support posting speed zones for schools in all areas within the city and required a traffic study for county roads. This posting would apply to private and public schools. Seconded by Councilmember Koppen Ayes-All 3. Association of Residential Resources in Minnesota -Mayor Cardinal noted that Maplewood residents with disabilities and their service providers are invited to an event coming up on Sunday, October 19 to Kick off Community Enrichment Week (October 19-25). It will be held at Phalen Park Pavilion 2:00 p.m. 4. Campaign Signs-City Manager Fursman reminded candidates campaign signs are not allowed in the public right-of--ways. 5. Resolution in Support of Bus Barn-Councilmember Koppen asked staff to add this item to the October 27 City Council Meeting. 6. Firefighter Recognition-Councilmember Juenemann thanked the 100 volunteer firefighters for their loyalty, dedication and willingness to put themselves on the line for their community. 7. Hoe Down at the Community Center-Mayor Cardinal noted it will be held Friday, October 24, at 6:30 p.m. and is sponsored by the Historical Commission. N. ADMINISTRATIVE PRESENTATIONS 1. Temporary Gambling Permit North Star BCCA (Breweryanna Collectors Club) a. City Manager Fursman presented the repot. b. City Clerk Guilfoile presented specifics Councilmember Koppen moved to permit the approval of the temporary gambling permit for Mr. Joe Wendall, treasurer of North Star BCCA to be made administratively. Seconded by Councilmember Collins Ayes-All O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 11:33 p. m. City Council 10-13-03 19 Seconded by Mayor Cardinal Ayes -All City Counci110-13-03 20