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HomeMy WebLinkAbout12-27-1999 MINUTES MAPLEWOOD CITY COUNCIL 5:00 P.M., Monday, December 27, 1999 Council Chambers, Municipal Building Meeting No. 99-28 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 5:00 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE: C. ROLL CALL: Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Kevin Kittridge, Councilmember Present Marvin C. Koppen, Councilmember Present D. APPROVAL OF MINUTES: Councilmember Kittridge moved to approve the minutes of CounciUManager Workshop (December 6, 1999) as presented. Seconded by Councilmember Carlson Ayes -all Councilmember Kittridge moved to approve the minutes of Meeting No. 99- 27 (December 13, 1999) as presented. Seconded by Councilmember Carlson Ayes -all E. APPROVAL OF AGENDA: Councilmember Carlson moved to approve the Agenda as amended. 1. M-1 Mayor Rossbach -Letter 2. M-2 American Portable Telecom -Final Payment 3. M-3 Primary Election Report from City Attorney Seconded by Councilmember Koppen Ayes -all F. APPOINTMENTS/PRESENTATIONS: 1 NONE G. CONSENT AGENDA: Councilmember Carlson moved to approve the Consent Agenda as presented. Seconded by Councilmember Koppen Ayes -all 1. Approval of Claims ACCOUNTS PAYABLE $69,850.40 Checks #8168 thru #8176 dated 12-2 thru 12-7-99 $123,753.48 Checks #47328 thru #47470 dated 12-14-99 $166,949.72 Disbursements via debits to checking account dated 12-7thru 12-13-99 $104,655.13 Checks #8177 thru #8183 dated 12-9 thru 12-15-99 $103,811.69 Checks #47473 thru #47626 dated 12-21-99 $88,395.66 Disbursements via debits to checking account dated 12-14thru 12-20-99 $657,416.08 Total Accounts Payable PAYROLL $297,233.17 Payroll Checks and Direct Deposits dated 12-10-99 $24,999.58 Payroll Deduction check #75840 thru #75847 dated 12-10-99 $322,232.75 Total Payroll $979,648.83 GRAND TOTAL 2. Assistant City Engineer Compensation Approved the requested change in the 2000 salary range for the non-union position of Assistant City Engineer from $56,035 - $64,126 to $51,204 - $68,064 effective 1-1-2000. 2 3. Planning Commission Reappointments Approved the reappointment of William Rossbach and Gary Pearson to three-year terms on the planning commission. These terms will end on 12-31-2002. 4. Community Design Review Board Membership Reappointments Approved the reappointment of Ananth Shankar and Craig Jorgenson to two-year terms on the Community Design Review Board. These terms will end on 1-1-2002. 5. Reappointments to the Maplewood Historical Commission Approved the reappointment of Carol Mahre and Charlotte Wasiluk to a one-year term on the Maplewood Historical Commission. These terms will end on 12-31-2000. 6. Human Relations Commissions Reappointments Approved the reappointment of Donna Brown to a three-year term on the Human Relations Commission. This term will end on 12-31-2002. 7. Oak Ridge Estates Fifth Addition Final Plat Approved the Oak Ridge Estates Fifth Addition Final Plat. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city. 8. Budget Changes for 1999 Bond Issues Authorized staff to make the appropriate 1999 and 2000 Budget adjustments. 9. Gambling Resolution -East Twins Babe Ruth League Adopted the following Resolution: 99-12-123 RESOLUTION AUTHORIZING LAWFUL GAMBLING East Twins Babe Ruth League APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for East Twins Babe Ruth League, Inc. to operate at Smiley's D.G. Burger at 2425 Highway 61. 3 FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §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 Minn. Stat. §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. Change of Manager -Intoxicating Liquor License -Cheri Lynn Ottem at Stargate Bar and Danceclub. Approved an intoxicating liquor license for Cheri Lynn Ottem at Stargate Bar and Danceclub, 1700 Rice Street, Suites J&K. 11. Landfall 2000-2002 Contract Reviewed and approved the 2000-2002 contract between the City of Maplewood and Landfall. H. PUBLIC HEARINGS: 1. 5:00 P.M. Public Hearing on Adoption of Budget for 2000 a Levying of Property Taxes Payable in 2000 A. City Manager Comments B. Citizen Comments C. Resolution Adopting the Budget for 2000 D. Resolution Levying Property Taxes Payable in 2000 a. Mayor convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Finance Director Faust presented the specifics of the report. d. Mayor opened the public hearing, calling for proponents of opponents. No one was heard. e. Mayor closed the public hearing. Councilmember Kittridge moved to adopt the following Resolution adopting the budget for 2000: 4 99-12-124 RESOLUTION ADOPTING A BUDGET FOR 2000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2000 is hereby adopted as outlined in the following summary: CAPITAL DEBT OPERATING IMPROVEMENTS SERVICE BUDGET BUDGET BUDGET Estimated Balances O1/O1/00 $13.318.516 ($88.8171 $3.828.582 Revenues 22.664.880 2.006.990 2.001.380 Net other increases 288.640 4.102.180 440.540 Rxnenditures C24_ROR_1501 (5.716.5401 C4386_RROI RstimatedRalances 12/31/00 $11.463_RR6 $303_R13 $1_RR3.622 BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2000 Operating Budget: GENERAL FUND: DEPARTMENT $945.230 Community Develonment 596.010 Finance 1.084.600 irk 2294950 General Government 262250 Human Resource 1233.430 Parks and Recreation 5.190.980 Police 2.11R_610 Public Works $13.726.060 GENERAL FUND TOTAL CHARITABLE GAMBLING TAX FUND: $48,950 General Government COMMUNITY CENTER FUND: 2,073,380 Parks & Recreation DATA PROCESSING FUND: 380,800 General Government DENTAL SELF-INSURANCE FUND: 90,520 General Government HOUSING REPLACEMENT FUND: 664,720 Community Development PAYROLL BENEFITS FUND: 3,095,290 General Government POLICE SERVICES FUND: 220 Police RECREATION PROGRAM FUND: 662,860 Parks and Recreation RECYCLING FUND: 254,580 Community Development SANITARY SEWER FUND: 3,241,270 Public Works V.E.M. FUND: 569,500 Public Works 5 $24,808,150 TOTAL OPERATING BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation provided that the net operating income before other revenues and expenses including depreciation for 2000 is not less than zero. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2000 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS $168,770 FIRE SAFETY PROJECTS 3,339,810 FIRE TRUCK REPLACEMENT 1,540 PARK DEVELOPMENT 2,150 PUBLIC IMPROVEMENT PROJECTS 2,059,140 STREET CONSTRUCTION STATE AID 160 TAX INCREMENT HOUSING DISTRICT #1-1 210 TAX INCREMENT HOUSING DISTRICT #1-2 220 TAX INCREMENT HOUSING DISTRICT #1-3 200 TAX INCREMENT HOUSING DISTRICT #1-4 25,980 TAX INCREMENT HOUSING DISTRICT #1-5 21,240 TAX INCREMENT HOUSING DISTRICT #1-6 96,920 WATER AVAILABILITY CHARGE - NO. ST. 50 PAUL WATER AVAILABILITY CHARGE - ST. PAUL 150 TOTAL CAPITAL IMPROVEMENTS $5,716,540 BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each public improvement project when the Council orders the project and that the budget amounts shall be recorded at amounts specified in the feasibility study for the project. Seconded by Councilmember Allenspach Ayes -all Councilmember Koppen moved to adopt the following Resolution to levy property taxes for 1999 payable in 2000: 6 99-12-125 RESOLUTION CERTIFYING TAXES PAYABLE IN 2000 BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 1999, payable in 2000, upon the net tax capacity in said City of Maplewood, for the following purposes: Operations $5,914,490 Capital Improvements 231,500 Debt Service 1,010,160 TOTAL LEVY $7,156,150 2. In addition, there is a $412,680 market value based referendum levy for 1999 payable in 2000 to finance the debt service on the 1994 Open Space Bonds. 3. The net tax capacity based levy of $1,010,160 for Debt Service and the market value based referendum levy of $412,680 total $1,422,840. This is a net decrease of $166,449 in the scheduled levy of $1,589,289. The breakdown by Debt Service Fund is as follows: ADOPTED FUND SCHEDULED INCREASE TAX NO. TITLE LEVY (DECREASE) LEVY 315 G.O. Refunding Bonds - 1977 0 200,170 200,170 323 G.O. Bonds - 1991A 73,077 (73,077) 0 325 G.O. Imp. Refunding Bonds - 1992A 344,293 (344,293) 0 328 Community Center - 1993B 217,019 82,201 299,220 329 G.O. Imp. Refunding Bonds - 1993C 394,315 27,185 421,500 330 Open Space Bonds 431,461 (18,781) 412,680 331 G.O. Imp. Bonds - 1995A 3,255 (3,255) 0 332 G.O. Tax Inc. Ref. Bonds - 1995B 125,869 (36,599) 89,270 TOTAL $1,589,289 ($166,449) $1,422,840 Seconded by Councilmember Kittridge Ayes -all Due to Time Restraints -Move to I-1. I. AWARD OF BIDS a. Manager McGuire introduced the staff report. b. Fire Chief Hewitt presented the specifics of the report. 7 Councilmember Koppen moved to award the bid for the thermal ima~~ cameras to Metro Fire in the amount of $68.000. Seconded by Councilmember Allenspach Ayes -all Due to Time Restraints - Back to H-2 2. 5:15 P.M. Mogren Brothers Landscaping Conditional Use Permit (West of 2599 White Bear Avenue) a. Mayor convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. a Community Development Director Coleman presented the specifics of the report. d. Dale Trippler presented the Planning Commission report. e. City Attorney Kelly explained the 60 day rule and requirement to either approve or deny the Conditional Use Permit. f Mayor opened the public hearing, calling for proponents of opponents. The following persons were heard: 1. David Hesley, 2607 White Bear Avenue 2. Carol Guzzo, 1876 East County Road C g. Mayor closed the public hearing. Councilmember Carlson moved to deny the application for a conditional use permit for outdoor storage of landscape materials and related egUlpment and vehicles behind 2599 White Bear Avenue for the following reasons: 1. The proposed use would change the character of the surrounding area. 2. The use would depreciate property values. 3. The storage of landscape and other materials and associated truck traffic would be disturbing and cause a nuisance because of excessive noise, dust, storm drainage and general unsightliness. 4. The current outside storage does not conform to current codes and ordinances. 5. The proposed use may cause adverse environmental impacts to the adjacent wetland. 6. Citizens testimony and petitions from adjourning properties were submitted in opposition to the snow dumping operation, truck traffic, noise and the unsightliness of the storage operation. Seconded by Councilmember Allenspach Ayes -all J. UNFINISHED BUSINESS 1. Ordinance to Terminate Hydrant Charge -Second Reading 8 a. Manager McGuire introduced the staff report and presented the specifics of the report. b. Chief Joel Hewitt answered questions posed by the Mayor. Councilmember Carlson moved to approve the second reading of the Ordinance to terminate the hydrant charge effective January 1, 2000: ORDINANCE NO. 805 ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO HYDRANT CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 35-51 through 35-54 of the Maplewood Code concerning hydrant charges is hereby deleted. Section 2. This ordinance shall take effect and be in force beginning January 1, 2000. Seconded by Councilmember Allenspach Ayes -all 2. South Maplewood Community-Oriented Service Office Position a. Manager McGuire introduced the staff report. b. Chief Don Winger presented the specifics of the report. Councilmember Kittridge moved to allow staff to fill a part time position for Customer Service Representative at the community-oriented services south office and have this office opened in January of 2000 and committed to a one-year temporary endorsement to evaluate usefulness of this service office. Seconded by Councilmember Carlson Ayes -all 3. Deer Management Plan -Code Change -First Reading a. Manager McGuire introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to approve the change to the Ordinance as recommended by city staff: ARTICLE IV. WEAPONS AND EXPLOSIVES Sec. 20-77 Bows and arrows; aiming; discharging in public place; possession by minor under fourteen; deFmition; etc. (a) Every person in the city who shall aim any bow and arrow, as defined in this section, at or toward any human being, or who shall willfully discharge an arrow from a bow in any public place, or in anyplace where there is any person to be endangered, although no injury actually results, shall be guilty of a misdemeanor. 9 Addendum Exemption: The City of Maplewood's Deer (wild life) Management Plan. Seconded by Councilmember Allenspach Ayes -all K. NEW BUSINESS 1. Yard Waste Transfer Site -Conditional Use Permit a. City Manager McGuire introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. Mayor Cardinal moved to set a public hearing to review or possible change the conditional use permit for the Beam Avenue yard waste transfer site. Motion dies for lack of a second. 2. Plan Review Procedure for Minor Construction Projects a. City Manager McGuire introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. Mayor Cardinal moved to adopt the following Resolution to increase dollar limits of minor buildingproiects: 99-12-126 RESOLUTION INCREASING DOLLAR LIMITS OF MINOR BUILDING PROJECTS WHEREAS, Section 25-65(a) of the Maplewood Code of Ordinances requires that the city council define minor building projects by dollar limits; WHEREAS, construction costs have increased enough to warrant that the city council increase the previous dollar limits of $15,000 and $150,000; NOW, THEREFORE, BE IT RESOLVED, that a minor building project is any exterior construction under $20,000 in value, except additions to buildings that the community design review board previously approved. In this case, a minor construction project must be less than $200,000 in value and similar in design to the existing building. Seconded by Councilmember Kittridge Ayes -all 3. Upgrade Financial Software a. City Manager McGuire introduced the staff report. 10 b. Finance Director Faust presented the specifics of the report. Councilmember Kittridge moved to authorize the purchase of new financial software at a cost of approximately $101,270 which will be financed by the Data Processing Fund and the Finance Department budget in the General Fund. Seconded by Councilmember Koppen Ayes -all 4. Project 98-12, Pleasantview Neighborhood Streets -Change Orders 1, 2 and 3 a. City Manager McGuire introduced the staff report. b. Public Works Director Haider presented the specifics of the report. Councilmember Koppen moved to approve Change Orders 1, 2 and 3 for the Pleasantview Neighborhood Streets. Project 98-12. Seconded by Councilmember Allenspach Ayes -all 5. Project 99-05, Tilsen North Neighborhood Streets -Accept Feasibility Study and Call for Public Hearing a. City Manager McGuire introduced the staff report and presented the specifics of the report. Mayor Cardinal moved to approve the Resolution accepting the feasibility study and ordering the public hearing: 99-12-127 RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted November 22, 1999, a report has been prepared by the city engineering division with reference to the improvement of the Tilsen North Neighborhood Streets; Lakewood Drive, Brenwood Curve, Meyer Court, Brenner Avenue, Chippewa Court and Bartelmy Lane, City Project 99-05, and this report was received by the council on December 27, 1999, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost- effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $237,100. 2. A public hearing shall be held on such proposed improvement on the 10th day of January, 2000, in the council chambers of city hall at 7:00 p.m. and the clerk shall give mailed and published notice of such 11 hearing and improvement as required by law. Seconded by Councilmember Koppen Ayes -all 6. Temporary Engineering Intern and HorticulturalistPnsitions a. City Manager McGuire introduced the staff report. b. Public Works Director Haider presented the specifics of the report. Councilmember Kittridge moved to authorize staff to hire temporary engineering interns, utilize services of the open space naturalist and make the necessary transfers from the general fund contingency to the engineering division budget in an amount not-to-exceed $35,000. Seconded by Councilmember Koppen Ayes -all L. VISITOR PRESENTATIONS NONE M. COUNCIL PRESENTATIONS 1. Dale Carlson read the final letter from George Rossbach that was published in the Maplewood in Motion, and made farewell comments regarding his service as Councilmember. 2. Mayor Cardinal requested that the letter from Attorney Kelly regarding the primary election be mailed to all candidates. N. ADMINISTRATIVE PRESENTATIONS 1. City Manager Michael McGuire relayed information to Council regarding the final payment of the American Portable Telecom lawsuit. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 6:33 P.M. Seconded by Councilmember Allenspach Ayes -all 12 Karen E. Guilfoile, City Clerk 13