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Home My WebLink About12-17-2001MINUTES MAPLEWOOD CITY COUNCIL 5:00 P.M., Monday, December 17, 2001 Council Chambers, Municipal Building Meeting No. 01-30 A. B. C. D. CALL TO ORDER: A meeting of the City Council was held in Council Chambers, at the Municipal Building, and was called to order at 5:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present CLOSED SESSION 1. Litigation Mayor Cardinal resumed the council meeting at 5:15 p.m. The council reviewed a settlement offer for the McGuire arbitration and sent it to him for signature. E. F G. APPROVAL OF MINUTES Councilmember Collins moved to approve the City Council Minutes (Meeting No. 01-29) of December 10, 2001 as presented. Councilmember Koppen seconded. Ayes-All Councilmember Allenspach moved to approve the CounciUManagers Workshop Minutes of December 10, 2001 as presented. Councilmember Koppen seconded. Ayes-All APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as presented. Councilmember Wasiluk seconded. Ayes-All APPOINTMENT S/PRESENTATIONS City Council 12-17-O1 Mayor Cardinal recognized Sherry Allenspach for her years of service to the city as a council member for eight years (1994-2001). H. CONSENT AGENDA Item H12 will be voted on separately. Councilmember Koppen moved to approve Consent Agenda items 1-11 and 13 as presented. 1. ACCOUNTS PAYABLE $174,842.25 Checks #56182 thru #56283 dated 12/7 thru 12/11/01 $298,245.71 Disbursements via debits to checking account dated 12/3/01 thru 12/10/01 $473,087.96 Total Accounts Payable PAYROLL $361,856.03 Payroll Checks and Direct Deposits dated 12/7/01 $28,405.07 Payroll Deduction checks #86909 thru #86915 dated 12/7/01 $390,261.10 Total Payroll $863,349.06 GRAND TOTAL 2. Designation of Depositories for Investments Adopted the following resolution designating a depository for time deposits for the City of Maplewood: RESOLUTION 01-12-125 DESIGNATION OF DEPOSITORIES BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: U.S. Bank Wells Fargo Bank BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall not exceed the amount of F.D.LC. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that funds in the above depositories maybe withdrawn and wire transferred to any other depository of the city by the request of the Finance Director or Assistant Finance Director. City Council 12-17-O1 BE IT FURTHER RESOLVED, that these depository designations are effective until December 31, 2003. 3. Budget Changes for 2001 Bond Issues Authorized staff to make the appropriate 2001 and 2002 budget changes. 4. Assessments for Unpaid Ambulance Bills for 1999 Adopted the following resolution to certify $13,110.59 of unpaid ambulance bills: RESOLUTION 01-12-127 UNPAID AMBULANCE BILLS RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling $13,110.59 for collection with the taxes of said property owner for the year 2001, collectible in 2002 with interest at the rate of eight percent (8%) on the total amount for one year. 5. 2002 Pay Rates for Temp/Seasonal & Casual P/T Employees (Non-Union) Adopted the following resolution establishing pay rates for temporary, seasonal and casual part- time employees: RESOLUTIONOl-12-128 PART-TIME EMPLOYEE RATES WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part-time employees who do not work more than 14 hours per week andtemporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established fortemporary/seasonal and part-time (14 hour or less) employees effective January 1, 2002, upon Council approval. Accountant $10.00-18.00 per hour Accounting Technician $9.00-15.00 per hour Adrrunistrative Assistant $9.00-20.00 per hour Background Investigator $25.00-$35.00 per hour Building Inspector $14.00-25.00 per hour Building Maintenance AssistanUAttendant $5.50-9.00 per hour Clerk $6.50-11.00 per hour Clerk-Typist $8.50-15.00 per hour Custodian Maintenance Worker $8.00-12.00 per hour Customer Service Assistant $6.00-10.00 per hour CSO $8.00-$16.00 per hour CSO/Paramedic $12.00-18.00 per hour Data Entry Operator $8.00-12.00 per hour Dispatcher $15.00-20.00 per hour Election Judge $6.50-12.00 per hour Election Precinct Chair $7.50-14.00 per hour City Council 12-17-O1 3 Engineering Aide $7.00-11.00 per hour Engineering Technician $10.00-$16.00 per hour Fire Department Custodian $575 - $690 per quarter Fire Inspector $9.00-15.00 per hour Intem $6.50-15.00 per hour Laborer $6.50-12.00 per hour Lifeguard $6.00-12.00 per hour Receptionist $7.50-11.00 per hour Recreation Instructor/Leader $6.00-30.00 per hour Recreation Official $7.00-25.00 per game Recreation Worker $6.00-18.00 per hour Secretary $9.00-18.00 per hour Theater Technician $20.00-30.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordirtator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour Water Safety Instmctor (WSI) $7.50-12.00 per hour WSI & Head Lifeguard Differential $1.00 per hour (Lifeguards or WSIs working as Head Lifeguar ds; Lifeguards working as WSIs) * Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hour or less. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. 6. Budget Adjustment for 2001 Engineering Overtime Pay Approved to transfer $16,000 from engineering revenue to the engineering operating budget to pay for additional overtime. 7. Change Order and Final Payment for Abandonment of Lift Station No. 9., City Project 99- 02 Approved change order No. 1 in the amount of $10,214.40 and final payment in the amount of $48,195.70 to Barbarosa & Sons, Inc. for the Abandonment of Lift Station No. 9, City Project 99-02. 8. Payment of Sewer-Backup Invoice: 1897 Edgerton Street North Authorized payment to Marsden Building Maintenance in the amount of $1,966.50 for clean-up services at 1897 Edgerton Street North and revise payment schedule amount. 9. Bush Avenue Tax-Forfeited Lands Acquisition Approved the following resolution to acquire the tax-forfeited property PIN 25-29-22-33-0009. RESOLUTION 01-12-129 TAX FORFEITED PROPERTY ACQUISITION RESOLUTION WHEREAS, The State of Minnesota has declared certain properties held in trust 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 City Council 12-17-O1 4 County, Minnesota has granted the City of Maplewood opportunity to acquire said properties pursuant to Minnesota Statutes, Section 282.01, Subdivision 1; WHEREAS, it is incumbent upon the city to provide for sufficient Right-of--way for streets and control of storm water runoff and drainage containment; WHEREAS, said property is identified by the engineer as necessary for street right-of--way and drainage purposes in Maplewood Public Improvement 01-04, Bush Avenue Street and Storm Sewer project. 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 LEGAL PLAT NAME COST 25-29-22-33-0009 Ex. E. 252', the S '/z of Lot 3 Auditor's Subdivision No. 77 $9,271.70 All in Section 25, Township 29 West, Range 22 North in Ramsey County. 10. Budget Change-Community Development Contract Employees Approved the requested budget changes for Revenue and Expenditures Accounts. 11. Annual Renewals-Intoxicating Liquor License/On-Sale Adopted the following resolution approving the one-year liquor licenses for the listed establishments: RESOLUTION 01-12-130 ON-SALE LIQUOR LICENSES RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 2002, with approval granted herein subject to satisfactory results of required Police, Fire and Health Inspections: 1730 E. County Road D Robert James Selander Matthew Alan Willius AMF Maplewood Lanes Tom McDonough Chipotle Mexican Grill 1955 English Street Chalet Lounge 2303 White Bear Avenue 1820 Rice Street Dorothy Helen Piotrowski Colleen Danford Applebee's Ciatti's Italian Restaurant 2112 Maplewood Mall 1900 E. County Road D Judith Landreville Pat Dalton Champp's Paul J. Mateyka, Jr. Bennigan~s 1734 Adolphus Deans, Inc. 1749 Beam Avenue. 1986 Rice Street Cheryl Wentland Chi-Chi's Restaurants Raymond R. Emerfoll 3069 White Bear Ave Garrity's Stephen Yantes 1696 White Bear Avenue Bleechers Steve Shirvinski 2220 White Bear Avenue Chili's Restaurants Southlawn & Beam Bernard Micharel Diebel Scott Uttley Goodrich Golf Course Best Western-Maplewood Inn 1820 N. Van Dyke City Council 12-17-O1 Michael Gengler Gulden's 2999 N. Highway 61 Patricia Belde Keller Clubhouse 2166 Maplewood Drive 2425 Highway 61 Cheri Ottem Stargate Bar & Danceclub 1700 Rice Street Suzanne Schilling Suzanne~s Cuisine 2100 White Bear Avenue Stephen Parr Outback Steakhouse 1770 Beam Avenue Brenda Probasco Red Lobster 2925 White Bear Avenue Gregory Kuhns Smiley~s D.G. Burger Brian Meyer The Bird 3035 White Bear Avenue Thomas Hecker The Olive Garden 1749 Beam Avenue 13. Write OffUncollectible Ambulance Bills for 1999 Michael Paul Miranowski The Rock 2029 Woodlyn Avenue Club On-Sale Harlan Johnson Loyal Order of Moose 963 1946 English Street Wine On-Sale Balbir Singh Taste of India 1745 Cope Avenue Kin Phing Lee Singapore Chinese Cuisine 1715-A Beam Avenue Approved writing off the uncollectible 1999 ambulance bills in the amount of $128,078.10. Seconded by Councilmember Wasiluk Ayes-All 12. Annual Renewals-Intoxicating Liquor License Separate Vote Councilmember Wasiluk moved to adopt the following resolution approving the one-year liquor license renewals for the listed establishments: RESOLUTION 01-12-131 OFF-SALE LIQUOR LICENSES RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off-Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2002, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: City Council 12-17-O1 Todd Norman A-1 Liquor, Inc. 19 North Century Avenue Laber's Liquors Arthur Mark Stein 1700 D Rice Street Wendy Lauber Maplewood Wine Cellar 1281 Frost Avenue Seconded by Councilmember Allenspach L PUBLIC HEARINGS Joseph Hudy M.G.M. Liquors Warehouse 2950 White Bear Avenue Marvin C. Koppen Party Time Liquor 1835 E. Larpenteur Ave. Christopher Sarrack Sarrack's International Wine & Spirits 2305 Stillwater Road Ayes-Mayor Cardinal, Councilmembers Allenspach, Wasiluk, and Collins Abstain-Councilmember Koppen 1. Dorland Road Access Improvements, City Project 01-26: Public Hearing a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. a City Engineer Ahl presented the specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: John Tessar, applicant, 2310 Mailand Road, Maplewood Mike Black, Royal Oaks Realty e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution ordering this improvement and directing the acquisition of Outlot B for the Dorland Road Access Improvements: RESOLUTION 01-12-132 IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 10~' day of December, 2001, fixed a date for a council hearing on the proposed acquisition of Outlot B of Hillwood Oaks Estates for Dorland Road Access Improvements, City Project 01-26, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on December 17, 2001, 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, City Council 12-17-O1 7 MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible that the City of Maplewood acquire Outlot B for the Dorland Road Access Improvements, City Project 01-26. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 17th day of December, 2001. 3. The city engineer is designated engineer for this improvement and is hereby directed by city council to proceed with acquisition of said property. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. An estimated project budget of $40,000 shall be established. I. AWARD OF BIDS None K. UNFINISHED BUSINESS 1. Residential and Commercial False Fire Alarm System Fines Second Reading a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to approve the false alarm ordinance for both residential and commercial fire alarms as presented: ORDINANCE 821 RESIDENTIAL AND COMMERCIAL FALSE FIRE ALARMS Section 1. Purpose. It is the purpose of this ordinance to encourage fire or medical alarm users and alarm users and alarm businesses (including, but not limited to, sales, installation, and/or monitoring) to maintain the operational reliability and the proper use of alarm systems so as to limit unnecessary fire and emergency medical responses to false alarms and alarm malfunctions. This ordinance governs fire and medical emergency false alarms, provides for service fees for excessive false alarms, and provides for issuance of citations in lieu of assessing such service fees. Section 2. Definitions. "Alarm Site" means a single premise or location, or amulti-tenant location, served by an alarm system or systems. "Alarm System" means any mechanical, electrical, or radio controlled device or system which is designed to emit, transmit, or relay a signal or message and which, when activated, is intended to summon or that would reasonably be expected to summon, police, fire or emergency medical services. Alarm system does not include: 1. An alarm installed on a vehicle, unless the vehicle is permanently located at a site, or City Council 12-17-O1 2. An alarm designed to alert only inhabitants of a premise, and which does not constitute a local alarm. "False Alarm" means that activation of an alarm system, signal or message which elicits notification to or response by the Maplewood Fire Department when there is no evidence of a fire, medical emergency, or other activity which warrants a call for immediate fire fighting, or emergency medical assistance. This may include, but is not limited to, an alarm discovered by a firefighter before notification of an alarm from a monitor or from a local alarm system that is not monitored. "Fire or Emergency Medical Alarm" means a system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire or medical emergency or medical emergency or supervisory signal initiating devices which are intended to summon fire or emergency medical services of the Maplewood Fire Department. "Warning Notice" means a notification provided to the owner or person in charge of an alarm site by the Maplewood Fire Department for alarm due to system malfunction or when no reason can be determined for the false alarm. The warning notice will require the alarm system to be inspected and/or serviced within five (5) working days with written documentation submitted to the Maplewood Fire Department that the system is in working order. Section 3. Fire Emergency Medical Alarm Systems. Subd. 1. Each time the Maplewood Fire Department responds to a false alarm due to system malfunction or when no reason can be determined for such false alarm, the Maplewood Fire Department shall issue a warning notice. Subd. 2. A service fee for excessive false alarms at residential sites shall be charged as follows: 1. No service fee shall be charged for the first three (3) false alarms occurring within a twelve (12) month period, calculated from the beginning of the calendar year. 2. A fourth (4) false alarm within atwelve (12) month period shall result in a service fee of $100.00. 3. Each false alarm in excess of four (4) false alarms occurring within a twelve (12) month period shall result in a service fee of $200.00 per false alarm. Subd. 3. A service fee for excessive false alarms at commercial sites shall be charged as follows: 1. No service fee shall be charged for the first two (2) false alarms occurring within a twelve (12) month period, calculated from the beginning of the calendar year. 2. A third (3) false alarm within a twelve (12) month period shall result in a service fee of $200.00. 3. A fourth (4) false alarm within a twelve (12) month period shall result in a service fee of $300.00. 4. Each false alarm in excess of four (4) false alarms occurring within a twelve (12) month period shall result in a service fee of $400.00 per false alarm. Subd. 4. No service fee shall be assessed if the false alarm is: 1. Caused by an electrical storm, tornado, or other act of God when there is clear evidence of physical damage to the alarm system; 2. Caused by the intermittent disruption of telephone circuits beyond the control of the alarm site owner; 3. Caused by electrical power disruption or failure in excess of two (2) hours beyond the control of the City Council 12-17-O1 9 alarm site owner; Subd. 5. All false alarm service fees are due and payable within thirty (30) days from the date of the invoice, in the event that false alarm service fees are not paid as required by this ordinance, the Maplewood Fire Department may refer the matter to the City Attorney for appropriate legal action, including but not limited to, certifying the same for collection against the real property taxes as with other unpaid municipal services. Subd. 6. A person commits an offense in violation of this ordinance if such person intentionally sets off a false alarm in excess of three (3) false alarms within a twelve (12) month period, calculated from the beginning of the calendar year. Upon commission of this offense, he or she shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) and by imprisonment not to exceed ninety (90) days. Section 4. Severability Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other than the part held to be invalid. Section 5. Effective Date. This ordinance shall take effect thirty (30) days after its publication. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Wasiluk Ayes-All 2. Residential and Commercial False Fire Alarm System Fines Second Reading a. City Manager Fursman introduced the staff report. b. Finance Director Faust presented the specifics of the report. Councilmember Koppen moved to adopt the resolution certi , ins special assessments for Color Tile and Super America: RESOLUTION 01-12-133 DELINQUENT FALSE ALARM CHARGES RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent false alarm charge for collection with the taxes of said property owner for the year 2001, collectible in 2002, and which includes interest at the rate of eight percent (8%) on the total amount for one year: PROPERTY ACCOUNT STREET ADDRESS IDENTIFICATION AMOUNT Super America 11 Century Ave. Color Tile 2950 White Bear Ave. Seconded by Councilmember Allenspach City Council 12-17-O1 01-28-22-41-0001 $54.00 02-29-22-24-0003 $988.20 TOTAL $1,042.20 Ayes-All 10 L NEW BUSINESS 1. 2. 3. 4. Springsted Proposal a. City Manager Fursman introduced the staff report. b. Assistant City Manager Coleman presented the specifics of the report. Councilmember Collins moved to approve the proposal with Sprinested for the Economic Development Financial Tools and Action Plan. Seconded by Councilmember Koppen Ayes -All Proposed Purchase Agreement- Van Dyke Street Property a. City Manager Fursman introduced the staff report. b. Assistant City Manager Coleman presented the specifics of the report. c. Bruce Mogren spoke for the agreement. Councilmember Koppen moved to direct staff to finalize and prepare for signature the proposed purchase agreement for the purchase of four city-owned properties on the west side of VanD Street between County Road B and Cope Avenue. Seconded by Councilmember Wasiluk Ayes -All Ramsey County Fair Board Request of Funds a. City Manager Fursman introduced the staff report and presented the specifics of the report. b. Mayor Cardinal opened the public hearing. The following person was heard: 1. Joe Foxx, Ramsey County Board Councilmember Wasiluk to provide additional funds from the contingency account for fireworks and directed staff to research the availability of funds. Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Allenspach, Wasiluk, and Koppen Nays-Councilmember Collins Sanitary Sewer Main Replacement at Comfort Bus Site (1870 Rice Street N.), Project 01-21; Order Preparation of Feasibility Study a. b. City Council 12-17-O1 City Manager Fursman introduced the staff report. City Engineer Ahl presented the specifics of the report. 11 Councilmember Koppen moved to adopt the following resolution accepting the report and ordering the improvement for the sanitary sewer main repair at the proposed Comfort Bus Site. City Project 01-21: Seconded by Councilmember Wasiluk Ayes -All 5. Presentation at 6:00 p.m.: Joint Meeting with the Planning Commission on Mall Area Traffic Study, City Project 01-11 a. City Manager Fursman introduced the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Koppen moved to receive the Maplewood Mall Area Traffic Study and Direct that staff present the study as part of area neighborhood meetings during the neat two months. Seconded by Councilmember Collins Ayes -All M. VISITOR PRESENTATIONS None N. COUNCIL PRESENTATIONS 1. Note to the Public: The city council will review the City Manager's performance at the January 28~' City Council Meeting. O. ADMINISTRATIVE PRESENTATIONS None P. ADJOURNMENT Councilmember Allenspach moved to adjourn the meeting at 7: 00 P.M. Seconded by Councilmember Wasiluk Ayes -All City Council 12-17-O1 12