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HomeMy WebLinkAbout11-10-2003MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M., Monday, November 10, 2003 Council Chambers, Municipal Building Meeting No. 03-27 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 7:02 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Boy Scout Troop 1871ed the pledge of allegiance. A moment of silence was held in remembrance of Maplewood Firefighter Steve Busch and wife Sonya's daughter Sarah Elizabeth, who passed away November 6"`. 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 October 27, 2003 Councilmember Juenemann moved to approve the CounciUManager Workshop Minutes of October 27, 2003 as presented. Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers Juenemann, Koppen and Collins Abstain-Councilmember Wasiluk 2. Minutes from the City Council Meeting October 27, 2003 Councilmember Collins moved to approve the City Council Meeting Minutes of October 27. 2003 as presented. Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Juenemann, Koppen and Collins Abstain-Councilmember Wasiluk APPROVAL OF AGENDA M 1. MET Council Regional Framework Meeting M2. House Numbers Agenda items G12 and I1 were pulled from the agenda. City Council 11-10-03 Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Collins Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Planning Commission and Community Design Review Board Appointments This item pulled due to applicants not present. 2. Proclamation Feed America Thursday a. City Manager Fursman presented the report and specifics form the report. Councilmember Koppen moved to adopt the following proclamation and declared Thursday, November 20. 2003, as Feed America Thursday in the City of Maplewood: ~~~~ Whereas, Thanksgiving Day celebrates the spirit of selfless giving and an appreciation for family and friends; and Whereas, the spirit ofThanksgiving Day is a virtue upon which our nation was founded; and Whereas, thirty-three millionAmericans, including thirteen million children, live in households without an adequate supply of food, and Whereas, almost three million of these children experience hunger; and Whereas, selfless sacrifice breeds a genuine spirit of Thanksgiving, both affirming and restoring fundamental principles in our society. NOW, THEREFORE, I, Mayor Bob Cardinal, do hereby proclaim Thursday, November 2Q 2003, one week before the tradirional Thanksgiving, as FEED AMERICA THURSDAY and call upon the people ofMaplewood to sacrifice, or fast, for two meals on Thursday, November 2Q 3003, and to donate the money they would have spent on food to a charitable organization oftheir choice for the purpose of feeding the hungry. Seconded by Councilmember Wasiluk Ayes-All 3. Proclamation In Support of the Ramsey County Library Foundation a. Mayor Cardinal presented the report and read the proclamation. City Council 11-10-03 Councilmember Koppen moved to adopt the following proclamation in support of the Ramsey County Library Foundation: WHEREAS, the Ramsey County Library system serves over 220, 000 residents living in suburban Ramsey County by providing them with a wide range of information and community resources; and WHEREAS, six suburban libraries located in the dries of Arden Hills, Maplewood, Mounds View, Roseville, Shoreview, and White Bear Lake are part of the Ramsey County Library system; and WHEREAS, plans are under way to explore restoring library services to the City of North St. Paul and to make library improvements that respond to increasing community demands and the ever changing technologies; and WHEREAS, the Ramsey County Library system conrinues to grow with an 18 percent increase in circularion and over 1.6 million people using the libraries in 2002; and WHEREAS, Booker„§, the cuddly canine mascot of the Ramsey County library system, can be seen throughout Ramsey County communities spreading the joy of reading to people of all ages at community and school events and encouraging residents to support local libraries; and WHEREAS, the Ramsey County LibraryFoundarion, which supports the Ramsey County Library system by culrivaring donarions and financial grants, is sponsoring the fourth annual Taste of Books on November I5, 2003 at the Roseville Library from 7: 00 . 10:00 p. m. to highlight the efforts of Ramsey County Library employees, volunteers, and donors to enrich our local libraries; NOW, THEREFORE, I, Robert Cardinal, Mayor of the City ofMaplewood, do hereby proclaim Saturday, November I5, 2003, to be RAlI~SEY COUNTYLIBRARYFOUNDATION DAY in the CITY OFMAPLEWOOD And urge all cirizens ofMaplewood to join with the Ramsey County Library Foundarion in recognirion of the Ramsey County Library system and its employees, volunteers, and donors who have contributed to the vital and important role that libraries play in our Seconded by Councilmember Juenemann Ayes-All G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE $2,500.00 Checks #62187 dated 10/23/03 $454,726.91 Checks #62188 thru #62248 dated 10/24 thru 10/28/03 $116,776.06 Disbursements via debits to checking account dated 10/17 thru 10/23/03 $335,822.55 Checks #62249 thru #62303 dated 10/31 thru 11/04/03 $1,866,017.60 Disbursements via debits to checking account dated 10/23 thru 10/30/03 City Council 11-10-03 $2,775,843.12 Total Accounts Payable PAYROLL $507,874.21 Payroll Checks and Direct Deposits dated 10/24/03 $4,162.12 Payroll Deduction checks #95419 thru #95421 dated 10/24/03 $512,036.33 Total Payroll 2. $3,287,879.45 GRAND TOTAL Increase in Community Development Service Charges (Second Reading) Approved the second reading of the Ordinance to Increase Community Development Service Charges. ORDINANCE NO. 843 PLANNING FEES Section 1.Section 36-26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36-26. Fees. The following nonrefundable application fees shall be required: Zone Change $788 Conditional Use Permit: Rl & R2 236 Other 838 Conditional Use Permit Revision: Rl and R2 47 Other 168 Variances: Rl and R2 154 Other 862 Vacations: Rl and R2 148 Other 576 Lot Divisions (Fee per lot created): Rl and R2 82 Other 307 Home Occupation Permit (initial permit) 168 (annual renewal) 55 Comprehensive Plan Amendment 1,148 Code Amendment 862 Planned Unit Development 1,270 Preliminary Plat 1,420 Preliminary Plat Revision or Time Extension 224 City Council 11-10-03 4 Final Plat Time Extensions/Renewals 386 141 Section 2. Section 36 - 258 of the sign code is amended as follows: Section 36 - 258. Fees. (1) A sign erection permit fee (exceptfor billboards) shall be $24 (per inspection). (2) The fee for erection of billboards shall be $92. (3) The annual license fee for billboards shall be $361. Section 3. This ordinance shall take effect on January 1, 2004. 3. Proclamation In Support of the Ramsey County Library Foundation-Item moved to F3 4. Conditional Use Permit Review, 5-8 Club (2289 Minnehaha Avenue) Approved to review the conditional use permit for the 5-8 Tavern and Grill at 2289 Minnehaha Avenue again in one year. 5. Conditional Use Permit Review-Forest Products (2650 Maplewood Drive) Agreed to review the conditional use permit for Forest Products at 2650 Maplewood Drive again in the future only if a problem arises or if they propose an expansion or major change. 6. Conditional Use Permit Review Quality Restoration Services (1160 Frost Avenue) Agreed to review the conditional use permit for the outdoor storage yard for Quality Restoration Services, Inc. at 1160 Frost Avenue again in September 2004 or sooner if a problem arises or if the owner proposes a significant change to the site. Conditional Use Permit Review- Hill-Murray High School (2625 Larpenteur Avenue) Approved to review the conditional use permit for Hill-Murray High School at 2625 Larpenteur Avenue again only if a problem arises or it the owner proposes a significant change to the site or to the school. 8. Conditional Use Permit Review-Ponds of Battle Creek Golf Course (601 Century Avenue S.) Approved to review the conditional use permit for the Ponds of Battle Creek Golf Course at 601 Century Avenue South again in one year. 9. Approve Purchase of Tax Forfeited Property Located at Jackson and Larpenteur (PIN 18- 29-22-34-0086) Adopted the following resolution for Tax Forfeited Property Acquisition of Parcel 18-29-22-34- 0086 for purposes of storm water management: RESOLUTION 03-11-219 TAX FORFEITED PROPERTY ACQUISITION RESOLUTION City Council 11-10-03 WHEREAS, The State of Minnesota has declared certain property held intrust located within the City of Maplewood, County of Ramsey, State of Minnesota to be Tax Forfeited; WHEREAS, The Office of Tax Forfeited Lands, Department of Revenue and Taxation, Ramsey County, Minnesota has granted the City of Maplewood opportunity to acquire said property pursuant to Minnesota Statutes, Section 282.01, Subdivision 1; WHEREAS, it is incumbent upon the city to provide for control of storm water runoff and drainage containment; WHEREAS, said property is identified as necessary for drainage and storm water ponding purposes as prescribed by the Maplewood Comprehensive Storm Water plan; NOW THEREFORE BE IT RESOLVED, that the city council deems it in the public interest and approves the acquisition of the following described tax forfeited property (PIN 18-29-22-34- 0086): ST. AUBIN AND DION'S RICE, STRE SUBJ TO ST; E 1/2 OF VAC ALLEY ACCRUING & FOL S 15 FT OF LOT 9 & ALL OF LOTS 10 THRU LOT 15 BLK 14, All in Section 18, Township 29, Range 22 North in Ramsey County, for the purchase price of $11,624.08 to be funded from the Environmental Utility fund. The City Clerk is directed to make provision for the acquisition of said properties with the Ramsey County Department of Revenue and Taxation. 10. Kennard Street Improvements, City Project 03-04 -Approve Change Order for Trail Improvements, Roundabout and Parking Bay Construction Approved Change Order No. 1 in the amount of $189,656.90 with Forest Lake Contracting for Kennard Street, Project 03-04. 11. Kennard/Frost Area Street Improvements, City Project 02-10--Resolution Directing Modification of Existing Construction Contract, Change Order 5 Adopted the following resolution directing the modification of the existing construction contract for the Kennard/Frost Area Street Improvement Project, City Project 02-10: RESOLUTION 03-11-213 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. 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 5 in the amount of $8,916.01. The revised contract amount is $2,270,474.97. No revisions to the project budget are required at this time, as these changes fall within the original project budget. City Council 11-10-03 12. County Road D Realignment (Southlawn to TH 61), City Project 02-07, Approve Right of Entry Agreements with Venburg Tire and Mogren Development Approved the right of agreements with Keith Venburg and Countryview Golf for the County Road D Realignment Improvements, City Project 02-07. 13. Juker Firetruck Purchase Agreement Approved the agreement with the Juker's to purchase the antique firetruck. Councilmember Wasiluk moved to approve the consent agenda items 1-3 and 5-13 as presented. Seconded by Councilmember Koppen Ayes-All Councilmember Juenemann moved to approve the consent agenda item 4 as presented. Seconded by Councilmember Koppen Ayes-All H. PUBLIC HEARINGS 1. 7:18 p.m. Home Occupation License-1828 Radatz Avenue (Horvath) a. City Manager Fursman presented the staff report. b. Assistant City Manager presented specifics from the report. a Commissioner Fischer presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Christine Horvath, applicant Richard McKane, 1825 Radatz Avenue Cecilia Bond, current owner of home e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the home occupation license for Ms. Christine Horvath. Seconded by Councilmember Koppen Ayes-Councilmembers Koppen, Juenemann and Wasiluk Nays-Mayor Cardinal and Councilmember Collins 2. 7:38 p.m. Hazelwood/County Road C Area Street Improvements, Project 03-18: Resolution Ordering Improvements after Public Hearing a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. City Council 11-10-03 c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Roger Kessler, 2533 Flandrau, Maplewood James Opatrny, 1557 Viking Drive, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Collins moved to approve the following resolution ordering the improvement of the Hazelwood/County Road C Area Streets, City Project 03-18: RESOLUTION 03-11-214 IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 27th day of October, 2003, fixed a date for a council hearing on the proposed street improvements for the Hazelwood/County Road C Area Streets, City Project 03-18, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on November 10, 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 Hazelwood/County Road C Area Streets, City Project 03-18. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 10th day of November 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 $2,898,200 shall be established. The proposed financing plans is as follows: Street assessments: $ 734,200 (25 %) Storm assessments: $57,800 (2%) Sanitary Sewer Utility Fund: $174,000 (6 %) Environmental Utility Fund: $665,800 (23%) SPRWS Obligation: $164,400 (6%) City general tax levy: $ 1,102,000 (38%) Total $2,898,200 (100%) Seconded by Councilmember Koppen Ayes-Mayor Cardinal, Councilmembers, Collins, Juenemann and Koppen Nays-Councilmember Wasiluk 3. 7:58 p.m. Carlton Street Improvements, Conway to Minnehaha, Project 03-22: Resolution Ordering Improvement after Public Hearing a. City Manager Fursman presented the staff report. City Council 11-10-03 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: Bernard Mehr, 687 Ferndale, Maplewood Phyllis Schwartz, 649 Ferndale, Maplewood declined Lynnette Kimball, 679 Ferndale Street, Maplewood Joe Lindbeck, 2550 Minnehaha, Maplewood Marie Lindbeck, 2250 Minnehaha, Maplewood Afive-minute break was taken Marie Lindbeck, Second Appearance Bernard Mehr, Second Appearance Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution ordering the improvement of the Carlton Street Improvements, City Project 03-22: RESOLUTION 03-11-220 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 10th day of November, 2003, fixed a date for a council hearing on the proposed street improvements for the Carlton Street Improvement, City Project 03-22, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on November 10, 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 Carlton Street Improvement, City Project 03-22. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 10th day of November 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 $1,379,160 shall be established. The proposed financing plans is as follows: Assessments $ 339,220 Mn/Dot State Aid Funds $ 1,039,940 Total $ 1,379,160 Seconded by Councilmember Wasiluk Ayes-All City Council 11-10-03 I. J. AWARD OF BIDS 1. County Road D Realignment (Southlawn to TH 61), Project 02-07: Awarding Construction Contract for Soils Correction and Wetland Mitigation." a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to table the resolution accepting the bids and awarding the contract to November 24, 2003. Seconded by Councilmember Koppen Ayes-All UNFINISHED BUSINESS 1. Hazelwood Street Improvements, Project 01-16 -Consideration of Assessment Objections and Resolution Adopting Final Assessment Roll a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Mayor Cardinal asked if anyone would like to address this issue. The following persons were heard: Ronald Erickson, 2699 Hazelwood Street, Maplewood Kathryn Irvin, 2707 Hazelwood Street, Maplewood Christine Stone, 2727 Hazelwood Street, Maplewood Mayor Cardinal moved to table for 30 days the Adoption of the revised assessment roll for the Hazelwood Street Improvements. Project 01-16: Seconded by Councilmember Wasiluk Ayes-Mayor Cardinal and Councilmember Wasiluk Nays-Councilmembers Collins, Juenemann and Koppen Motion Failed Councilmember Collins moved to adopted the following resolution for the Adoption of the revised assessment roll for the Hazelwood Street Improvements, Project 01-16: RESOLUTION 03-11-215 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2003, the assessment roll for the Hazelwood Street Improvements, City Project 01-16, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and City Council 11-10-03 10 WHEREAS, five property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Ronald and Phyllis Erickson, 2699 Hazelwood Street North, (PIN: 032922340024) request cancellation of their assessment because they do not believe the improvements result in an increase in the value of their property. 2. Willa Stack and Kathryn Irvin, 2707 Hazelwood Street North (PIN: 032922340005) request cancellation of their assessment because they do not believe the improvements result in an increase in the value of their property. 3. Barbara Stone, 2731 Hazelwood Street North (PIN: 032922340003) requests cancellation of their assessment because she does not believe the improvements result in an increase in the value of their property. 4. Victor Stone, 2727 Hazelwood Street North (PIN:032922340004) requests cancellation of their assessment because he does not believe the improvements result in an increase in the value of their property. 5. Patrick and Anne O.Brien, 2759 Hazelwood Street North (PIN 032922310014) request a reduction in their assessment on the basis that their property does not abut Hazelwood Street. 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 Hazelwood Street Improvements, City Project 01-16: 1. Ronald and Phyllis Erickson, 2699 Hazelwood Street North (PIN: 032922340024): Deny request for cancellation of their assessment because they do not believe the improvements result in an increase in the value of their property. 2. Willa Stack and Kathryn Irvin, 2707 Hazelwood Street North (PIN: 032922340005): Deny request for cancellation of their assessment because they do not believe the improvements result in an increase in the value of their property. 3. Barbara Stone, 2731 Hazelwood Street North )PIN: 032922340003): Deny request for cancellation of their assessment because she does not believe the improvements result in an increase in the value of their property. 4. Victor Stone, 2727 Hazelwood Street North (PIN:032922340004): Deny request for cancellation of their assessment because he does not believe the improvements result in an increase in the value of their property. 5. Patrick and Anne O.Brien, 2759 Hazelwood Street North (PIN 032922310014): Deny request for a reduction in their assessment on the basis that their property does not abut Hazelwood Street. 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 B. 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 five years. Assessments for all homesteaded, single-family residential properties shall be deferred without interest for a period of five years. C. 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 City Council 11-10-03 11 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. D. 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. E. 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. F. 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. G. 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. Seconded by Councilmember Juenemann Ayes-Councilmembers Collins and Juenemann, and Koppen Nays- Mayor Cardinal and Councilmember Wasiluk K. NEW BUSINESS 1. Canvass Results of the November 4, 2003 General Election a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Councilmember Wasiluk moved to adopt the following resolution approving the canvass of the 2003 General Election: CANVASS OF ELECTION 03-11-216 RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on November 10, 2003, hereby declares the following results in the November 4, 2003, City General Election. COUNCIL MEMBER: City Council 11-10-03 12 Diana Longrie-Kline 1918 Jackie Monahan-Juneck 2093 Will Rossbach 2498 Bob Zick 1478 Will Rossbach and Jackie Monahan-Juneck, being the top two voter getters for the general election will be sworn into office at the first meeting of the year on January 12, 2004. Seconded by Councilmember Juenemann Ayes-All 2. Intoxicating Liquor License -Michael Tupa- Stargate Bar & Dance Club a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. o. Michael Tupa, the applicant, was present for questions Councilmember Wasiluk moved to approve the off sale liquor license for Mr. Tupa and pro-rate his fee for the month of December. Seconded by Councilmember Koppen Ayes-Councilmembers Collins, Wasiluk, Juenemann and Koppen Abstain-Mayor Cardinal 3. Beaver Lake Trunk Sanitary Sewer, Project 01-09 -Resolutions Directing Modification of Existing Construction Contract and Acceptance of Project a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Collins moved to approve the following resolutions Directing the Modification of the Existing Construction Contract for the Beaver Lake Trunk Sanitary Sewer Replacement, Project 01-09 and Accepting the Project: RESOLUTION 03-11-221 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 01-09, Beaver Lake Trunk Sanitary Sewer Replacement 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 01-09, Change Order Nos. 3 and 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 11-10-03 13 contract by executing said Change Order No. 3 in the amount of $10,013.05 and said Change Order No. 4 in the amount of $10,650.15. The revised contract amount is $1,138,108.49. The finance director is hereby authorized to make the financial transfers from the Sanitary Sewer Utility Fund to implement the financing plan for the project. The revised financing plan is listed below: Approved Budget Estimated .Revised Budget Assessments $217,772 $217,772 Park Development Fund 94,000 94,000 General Tax Levy 16,317 16,317 Sewer Utility Fund $986,208 $1,073,611 Total $1,314,300 $1,401,700 Seconded by Councilmember Koppen Ayes-All 4. Hazelwood Street Improvements, Project 0 1-16 -Order Public Hearing on Roundabout at County Road C and Hazelwood Street a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to approve the following resolution for the Hazelwood Street Improvements. Project 01-16. Ordering the Public Hearing on the Proposed Hazelwood/County Road C Roundabout for 7:15 p.m., Monday, November 24, 2003: RESOLUTION 03-11-217 ORDERING PUBLIC HEARING FOR PROPOSED HAZELWOOD/COUNTY ROAD C ROUNDABOUT WHEREAS, plans and specifications have been completed for a proposed roundabout at the intersection of County Road C and Hazelwood Street, and; WHEREAS, this proposed improvement would represent a modification to the contract for the Hazelwood Street Improvements, City Project 01-16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the modification of the contract for the Hazelwood Street Improvements, City Project 01-16 to include the construction of a roundabout at the intersection of County Road C and Hazelwood Street. 2. A public hearing shall be held on such proposed modification on the 24th day of November 2003 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Wasiluk Ayes-All 5. County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08 -Resolution Declaring Adequacy of Petition and Ordering Preparation of Preliminary Report a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. City Council 11-10-03 14 c. Mr. Kelllison, the property owner was present for questions Councilmember Wasiluk moved to adopt the following resolution declaring the petition as adequate and ordering preparation of a preliminary report for the Realignment of County Road D (TH 61 to Highridge Court), City Project 02-08: RESOLUTION 03-11-222 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF PRELIMINARY REPORT WHEREAS, a certain petition requesting the improvement and realignment of County Road D between Trunk Highway 61, north of Guldens Restaurant and Highridge Court at existing County Road D, has been filed with the City Council on November 10, 2003, and WHEREAS, the petition represents not less than 35% in frontage of the real property abutting the streets named in the petition, and WHEREAS, the City Engineer has reported that the petition is valid and appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council hereby declares said petition to be adequate and signed by the required percentage of owners affected thereby. This declaration is made in conformity to Minnesota Statutes, Chapter 429.035. 2. A copy of this resolution shall be published to allow any and all persons who may be aggrieved by said declaration to appeal to the City Council this determination. Any person aggrieved by this determination shall have 30 days to appeal to the City Council after adoption and publication of this resolution. Unless reversed upon the appeal, the City Council's determination that the petition is sufficient shall be considered final and conclusive consistent with Minnesota Statutes, Chapter 429.036. 3. The petition is hereby referred to the City Engineer and his consultant designee. The City Engineer 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, costeffective and feasible and as to whether it should be best made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Seconded by Councilmember Koppen Ayes-Councilmembers Collins, Koppen, Juenemann and Wasiluk Abstain-Mayor Cardinal 6. Maplewood Drive/Keller Parkway Resurfacing, Project 03-02 -Resolution Accepting the Project 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 accepting City Project 03-02. Maplewood Drive/Keller Parkway Resurfacing RESOLUTION 03-11-218 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood, Minnesota has determined City Council 11-10-03 15 that Maplewood Drive/Keller Parkway Resurfacing, City Project 03-02, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that City Project 03-02 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Seconded by Councilmember Collins Ayes-Collins L. VISITOR PRESENTATIONS 1. Robert Zick-1880 East Shore Drive-complaint regarding removal of campaign signs. M. COUNCIL PRESENTATIONS 1. MET Council Regional Meeting- Friday November 21st from 7: 30 a.m. to 9:00 a.m.-at the Maplewood Community Center. 2. House Numbers-Chief Lukin noted section 32-282 of the code states building or house numbers should be no smaller that 3 '/z inches or larger than 12 inches high and should be painted or made of a durable material It is also preferable that the numbers are illuminated and must be visible from the street. 3. On November 25th Councilmember Wasiluk is unable to attend the Partnership Meeting, and asked for one of the councilmembers or Mayor to attend at 7:30 a.m. 4. Councilmember Juenemann acknowledged all Police and Fire personnel for their response to the recent tragic death of 5-year-old Sarah Elizabeth Busch. N. ADMINISTRATIVE PRESENTATIONS 1. The Urban Land Institute will be holding a meeting at 6: 30 p.m. on November 18~' -- a quorum of the City Council maybe present. 2. Mayors Breakfast November 20~'-The St. Paul Area Chamber of Commerce will hold a Business Council breakfast at the Best Western in Maplewood at 7:00 a.m.; a quorum of the City Council maybe present. 3. Mayor Cardinal congratulated the newly elected councilmembers Will Rossbach (present) and Jackie Monahan-Junek. City Council 11-10-03 16 O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 9:48 p.m. Seconded by Councilmember Collins Ayes -All City Councilll-10-03 17