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HomeMy WebLinkAbout03-22-2004MINUTES MAPLEWOOD CITY COUNCIL 7:07 P.M. Monday, March 22, 2004 Council Chambers, Municipal Building Meeting No. 04-07 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 7:07 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Boy Scout Troop 46 led the pledge of allegiance. Mayor Cardinal recognized the following resident serving overseas: Sergeant Katherine Neiters, attended Hill Murray High School, Army Reserves in Iraq ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the City CounciUManager Workshop-March 08, 2004 Councilmember Juenemann moved to approve the minutes from the March 08. 2004 City Council/Manager workshop as amended. Seconded by Councilmember Rossbach Ayes-All 2. Minutes from the City CounciUManager Workshop-March 08, 2004 Councilmember Rossbach moved to approve the minutes from the March 08, 2004 City Council/Manager workshop as amended. Seconded by Councilmember Juenemann Ayes-All APPROVAL OF AGENDA N1. 800 MHz M 1. Report on 800 MHz from Councilmember Juenemann M2. South Leg Focus Group Councilmember Monahan-Junek moved to approve the agenda as amended. City Counci103-22-04 F G. Seconded by Councilmember Juenemann Ayes-All APPOINTMENT S/PRESENTATIONS None CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 337.51 Checks # 63305 thru # 63306 dated 3/Ol/04thru 3/03/04 $ 178,603.36 Checks # 63307 thru #63359 dated 3/09/04 $ 345,428.98 Disbursements via debits to checking account dated 2/27/04thru 3/04/04 $ 2,461.53 Checks # 63360 thru # 63361 dated 3/08/04 thru 3/10/04 $ 195,030.31 Checks # 63362 thru # 63419 dated 3/16/04 $ 182,082.57 Disbursements via debits to checking account dated 03/05/04 thru 03/12/04 $ 903,944.26 Total Accounts Payable PAYROLL $ 431,247.72 Payroll Checks and Direct Deposits dated 3/12/04 $ 6,050.20 Payroll Deduction check # 96912 thru # 96916 dated 3/12/04 $ 437,297.92 Total Payroll $ 1,341,242.18 GRAND TOTAL City Counci103-22-04 2 2. Assistant Building Official Pay Approved adopting the 2004 salary range of $50,604 to $64,677 per year for the position of Assistant Building Official effective at the beginning of the first pay period after approval from the Bureau of Mediation Services of the petition to reassign this position to non-union. 3. Lawful Gambling Resolution -National Investor Relations Institute (NIRI) Adopted the following resolution approving the temporary gambling license for Julia Samsal representing NIRI to be used at Keller Golf Course on May 18~' from 12:00 noon to 9:00 p.m.: RESOLUTION 04-03-053 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for the National Investor Relations Institute (NIRI), 8020 Towers Crescent Drive, Vienna, Virginia. 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. 4. Budget Changes for Fire State Aid Approved the appropriate 2003 and 2004 budget adjustments to reflect a new accounting requirement regarding Fire State Aid. 5. Police Department Interview Room Audio-Visual Recording System Approved the purchase of a DVD-based audio-visual recording system for the Police Department's interview rooms. 6. Dial Tone Agreement Renewal with McLeodUSA Approved the McLeodUSA dial tone service agreement for $1,596.31 per month (or $19,155.72 per year) for a period of three years. City Counci103-22-04 Carlton Street Improvements, Project 03-22 -Resolution for No Parking Restriction Adopted the following resolution approving No Parking restrictions on Carlton Street from Conway Avenue to Minnehaha Avenue: RESOLUTION 04-03-063 NO PARKING RESTRICTION CARLTON STREET IMPROVEMENT, PROJECT 03-22 S.A.P. 138-105-O1 WHEREAS, the City of Maplewood has approved the plans for the construction of Carlton Street from Conway Avenue to Minnehaha Avenue. WHEREAS, the city will be expending Municipal State Aid (MSA Project 138-105-01) funds on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum State Aid width standard with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED thatthe City of Maplewood shall ban the parking of motor vehicles on both the east and the west side of Carlton Street from Conway Avenue to Minnehaha Avenue. 8. New Title -Firefighter-Paramedic Wages Adopted the 2004 compensation plan for the non-union class ofFirefighter-Paramedic. 9. Conditional Use Permit Review -Over-sized Accessory Building (2776 Keller Parkway) Agreed to review the conditional use permit for Ronald Brown at 2776 Keller Parkway again in the future only if a problem arises. Councilmember Koppen moved to approve the consent agenda items as presented. Seconded by Councilmember Juenemann Ayes-All H. PUBLIC HEARINGS 1. 7:00 p.m. Legacy Parkway Improvements, Hazelwood to Kennard, City Project 03-26 a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. City Counci103-22-04 c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Gerald Peterson, 3060 Hazelwood Street, Maplewood George Supan, 3050 Hazelwood, Maplewood Tom Gmeinder, Attorney representing Ms. Kincaid George Supan, second appearance Tom Gmeinder, second appearance d. Mayor Cardinal closed the public hearing. Mayor Cardinal moved to table the item due to lack of notice to the homeowners. Motion failed for lack of a second. Councilmember Koppen moved to adopt the following resolution authorizing the preparation of plans and specifications and acquisition of right of way for the Legacy Parkwa~provements. Phase II (Hazelwood Street to Kennard Street), Project 03-26 and approving a modification to the existing project budget with an increase of $1,115,000: RESOLUTION 04-03-054 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ACQUISITION OF RIGHT OF WAY WHEREAS, pursuant to resolution of the council adopted January 12, 2004, a report has been prepared under the direction of the city engineer with reference to the improvement of Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and this report was received by the council on February 23, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, WHEREAS, a resolution of the city council adopted the 23rd day of February 2004, fixed a date for a council hearing on the proposed street improvements for Legacy Parkway (Hazelwood to Kennard), City Project 03-26, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 22, 2004, 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 Legacy Parkway between Hazelwood and Kennard, City Project 03-26. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 22nd day of March 2004. 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. City Counci103-22-04 4. The city engineer is authorized to acquire the necessary right of way and easements for the making of these improvements by direct negotiations. 5. The finance director is hereby authorized to make the financial transfers necessary to increase the financing plan for the project by the amounts detailed in the preliminary report. An increase in the project budget by $1,115,500 for Phase II would result in a total project budget of $2,468,350. The revised financing plans is as follows: Phase I Assessments $1,080,920 City General Tax Levy $ 271,930 SPRWS Funds $0 TOTAL $1,352,850 Seconded by Councilmember Rossbach I. AWARD OF BIDS None J. K. UNFINISHED BUSINESS 1. 800 MHz Appointment Phase II Total $688,130 $1,769,050 $413,570 $685,500 $13,800 $13,800 $1,115,500 $2,468,350 Ayes-All Councilmember Rossbach moved to table this item until the next counciUmanager workshop on April 5, 2004. Seconded by Mayor Cardinal Ayes-All NEW BUSINESS 1. Cable Commission Representative--No Report a. City Manager Fursman presented the staff report. b. Kim Facile, the Cable Commission Representative, presented a brief report on the Cable Commission. 2. Kennard Street Landscape Improvements, Project 03-04 -Resolution for Approval of Plans and Ad for Bids a. City Manager Fursman presented the staff report. b. Veronica Anderson, Landscape Architect with SEH, presented specifics from the report. City Counci103-22-04 Councilmember Koppen Street Landscape Improvements (Beam to County Road D), City Project 03-04: RESOLUTION 04-03-055 APPROVING PLANS AND SPECIFICATIONS AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, a resolution of the city council adopted the 14th day of July 2003 ordered the proposed street improvements for Kennard Street (Beam to County Road D), City Project 03-04; AND WHEREAS, pursuant to resolution passed by the city council on July 14, 2003, plans and specifications for Kennard Street Landscape Improvements (County Road D to Beam Ave.), City Project 03-04, have been prepared under the direction of the city engineer, who has presented such plans and specifications to the council for approval, AND WHEREAS, this resolution authorizes the city clerk and city engineer to receive bids for the making of these improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered at 10:00 a.m. on the 16th day of April, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received aY the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 22, 2004. Seconded by Councilmember Juenemann Ayes-All 3. Legacy Parkway, Hazelwood to Kennard, Project 03-26, Resolution Approving Purchase Agreements for 3056 Hazelwood and 3062 Hazelwood as part of Right of Way Acquisition 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 approving the purchase City Counci103-22-04 agreements for 3056 Hazelwood Street with Silas and Jacqueline Gates and for 3062 Hazelwood with Daniel and Michele Gebhard and establishes a funding mechanism for the Legacy Parkway ImnrovementProject, Cit,~ Project 03-26: RESOLUTION 04-03-057 APPROVING PURCHASE AND LEASE AGREEMENTS for 3056 HAZELWOOD AND 3062 HAZELWOOD and ESTABLISHING A FUNDING MECHANISM WHEREAS, a resolution of the city council adopted the 22nd day of March 2004, ordered the proposed street improvements for Legacy Parkway (Hazelwood to Kennard), City Project 03-26; AND WHEREAS, pursuant to resolution passed by the city council on May 12, 2003, approving the AUAR for the Legacy Village Development identified the possible acquisition and relocation of properties adjacent and abutting Hazelwood Street on the western edge of the Legacy Village Development, AND WHEREAS, this city council directed the city engineer to negotiate purchase agreements with said properties adjacent to Hazelwood Street, AND WHEREAS, the city engineer has presented a purchase agreement with Silas and Jacqueline Gates for the purchase of 3056 Hazelwood Street in the amount of $335,000 plus additional expenses for easements and relocation, AND WHEREAS, the city engineer has presented a purchase agreement with Daniel and Michele Gebhard for the purchase of 3062 Hazelwood Street in the amount of $265,000 plus additional expenses for easements and relocation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The purchase agreement with Silas and Jacqueline Gates for the purchase of 3056 Hazelwood Street in the amount of $335,000 plus additional expenses for easements and relocation, a copy of which is attached hereto and made a part hereof, is hereby approved. 2. The purchase agreement with Daniel and Michele Gebhard for the purchase of 3062 Hazelwood Street in the amount of $265,000 plus additional expenses for easements and relocation, a copy of which is attached hereto and made of part hereof, is hereby approved. 3. The finance director is hereby authorized to establish a budget of $800,000 for the purpose of purchasing said properties with proceeds from the tax abatement bonds that will be supported by the development of the Legacy Village development and the redevelopment of said parcels. Seconded by Councilmember Juenemann Ayes-All 4. Community Center Staffing Change a. City Manager Fursman presented the staff report. City Counci103-22-04 b. Human Resource Director Le presented specifics from the report. Councilmember Juenemann moved to chance the Membership Billing Technician from apart- time (36 hours per week) position to a fulltime (40 hours per week) position. Seconded by Councilmember Koppen Ayes-All 5. Hazelwood/County Road C Area Streets, Project 03-18 -Resolutions to: a. Approve Plans and Ad for Bids b. Order Assessment Roll c. Order Assessment Hearing a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for the Hazelwood/County Road C area street improvements. Cit,~ Project 03-18 Approving Plans and Advertising for Bids. Ordering the Preparation of the Assessment Roll, and Ordering the Assessment Hearin RESOLUTION 04-03-058 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November l0a', 2003, plans and specifications for Hazelwood/County Road C Area Street Improvements, City Project 03-18 have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval and; WHEREAS, the design widths of Viking Drive and Hazelwood Street warrant parking restrictions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The following parking restrictions shall apply to the reconstructed streets: a. Viking Drive from Barclay Street to Germain Street shall be posted as parking on one side (south) only. b. Hazelwood Street from Gervais Avenue to TH36 shall be posted as no parking on both the east and west sides of the street. 3. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 2:00 p.m. on the 16a' day of April, 2004 at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. City Counci103-22-04 4. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 26~', 2004. RESOLUTION 04-03-059 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for Hazelwood/County Road C Area Street Improvements, City Project 03-18; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. thereof. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council RESOLUTION 04-06-060 ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the Hazelwood/County Road C Area Street Improvements, City Project 03-18, and the said assessment roll is on file in the office ofthe city engineer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 26~' day of April, 2004 at the city hall at 7:00 p.m. or later to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will be considered. Seconded by Councilmember Juenemann Ayes-All 6. Kennard Street Improvements, Project 03-04 -Resolution for Modification of Existing Construction Contract, (Change Order No. 3) a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. City Counci103-22-04 10 Councilmember Koppen moved to adopt the following resolution for change order No. 3 in the amount of $34.249.53 with Forest Lake Contracting for Kennard Street, Project 03-04: RESOLUTION 04-03-061 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-04, Kennard 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 03-04, Change Order No. 3. 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. 3 in the amount of $34,294.53. The revised contract amount is $1,245,680.80. No revisions to the project budget are proposed at this time, as these changes fall within the original project budget. Seconded by Councilmember Monahan-Junek Ayes-All English Street Improvements, Project 01-14 -Resolutions for Acceptance of Project a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following annrovin~ the resolution for Acceptance of Project for the English Street improvements. Cit,~ Project 01-14 and the Gladstone Park Development, Project 01-23 and authorized the finance director to make the necessary financial transfers as noted in the revised financing plan: RESOLUTION 04-03-061 ACCEPTANCE OF PROJECT AND MODIFICATION OF PROJECT BUDGET WHEREAS, the city engineer for the City of Maplewood has determined that the English Street roadway and utility improvement, City Project 01-14 and the Gladstone Park Development, City Project 01-23, are complete and recommends acceptance of the project, and WHEREAS, the project budget must be modified as noted in the revised financing plan due to short falls in other project funding sources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. City Projects 01-14 and 01-23 are complete and maintenance of these improvements is accepted City Counci103-22-04 11 by the city. Release of any retainage or escrow is hereby authorized. 2. The finance director is authorized to make the necessary financial transfers as noted in the revised financing plan. Below is the revised final budget for project 01-14: Funding Source Original Budget Revised Budget State Aid: $1,288,130 $1,159,818 Assessments: $371,670 $371,670 Sewer Utility Fund $39,350 $39,350 RAMCO $95,050 $69,624 SPRWS $0 $10,815 General Tax Levy: $0 $30,000 Private Driveways $0 $10,815 Total: $1,794,200 $1,731,546 Below is the revised final budget for project 01-23: Funding Source Original Budget Revised Budget Park Development Fund: $232,330 $232,000 Note: $150,000 in construction costs should be transferred from project 01-14 and be attributed to expenditures in project 01-23. Seconded by Councilmember Juenemann Ayes-All 8. Advisory Board Policy a. City Manager Fursman presented the staff report and provided specifics. Councilmember Monahan-Junek moved to approve the changes to the Advisory Board Policy. Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Councilmember Koppen L. VISITOR PRESENTATIONS None City Counci103-22-04 12 M. COUNCIL PRESENTATIONS 1. 800 MHz-Councilmember Juenemann provided a brief update on the 800 MHz Committee Meeting. 2. South Leg Focus Group-Councilmember Rossbach encouraged residents to participate in the south Maplewood Focus Group with the first initial meeting being held in early April N. ADMINISTRATIVE PRESENTATIONS 1. 800MHz-Chief Lukin gave the council several options that they will have to vote on for the 800 MHz system and asked council for input. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 8:47 p.m. Seconded by Councilmember Koppen Ayes -All City Counci103-22-04 13