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HomeMy WebLinkAbout04-10-2000MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 10, 2000 Council Chambers, Municipal Building Meeting No. 00-07 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 7:00 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE: C. 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 D. APPROVAL OF MINUTES: Councilmember Wasiluk moved to approve the minutes of Meeting No. 00-06 (March 27. 2000) as presented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Collins moved to approve the Agenda as amended. Ml. Contingency Fund M2. Motion to Waive the Rules M3. Security Costs M4. Builders Square Building M5. Partnership Seconded by Councilmember Koppen Ayes -all F. APPOINTMENTS/PRESENTATIONS: None G. CONSENT AGENDA: 1 Councilmember Koppen moved to approve the Consent Agenda as presented. Seconded by Councilmember Wasiluk Ayes -all 1. Approval of Claims ACCOUNTS PAYART.F. $38,835.47 Checks #8253 thru #8257 dated 3-17 thru 3-22-00 $122,831.36 Checks #48939 thru #49034 dated 3-28-00 $108,157.47 Disbursements via debits to checking account dated 3-21 thru 3-27-00 $194,121.88 Checks #8258 thru #8263 dated 3-24 thru 3-31-00 $275,769.48 Checks #49037 thru #49059 and 49070 thru 49131 dated 4-4-00 $113,082.95 Disbursements via debits to checking account dated 3-28 thru 4-3-00 $852,798.61 Total Accounts Payable PAYROLL $372,472.41 Payroll Checks and Direct Deposits dated 3-31-00 $20,938.49 Payroll Deduction check #77844 thru #77848 dated 3-31-00 $393,410.90 Total Payroll $1,246,209.51 GRAND TOTAL 2. Beth Heights Fourth Addition Final Plat (Ferndale Street, North of Linwood Avenue) Approved the Beth Heights Fourth Addition final plat (approval is subject to the county recording the deed restrictions and covenants required by the city) and a 10-foot front yard setback variance for the lots in the Beth Heights Fourth Addition. 3. Resolution - Temporary/Seasonal Employee Wages Adopted the following Resolution: 2 RESOLUTION 00-04-041 WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part-time employees who do not work more than 14 hours per week and temporary/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 for temporary/seasonal and casual part-time (14 hour or less) employees effective April 10, 2000, upon Council approval. Accountant $10.00-18.00 per hour Accounting Technician $9.00-15.00 per hour Administrative Assistant $9.00-20.00 per hour Building Inspector $14.00-25.00 per hour Building Maintenance Assistant/Attendant $5.50-9.00 per hour Clerk $6.50-10.00 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/Paramedic $12.00-18.00 per hour Data Entry Operator $8.00-12.00 per hour Election Judge $6.50-12.00 per hour Election Precinct Chair $7.50-14.00 per hour Engineering Aide $7.00-11.00 per hour Engineering Technician $10.00-$16.00 per hour Fire Inspector $9.00-14.00 per hour Intern $6.50-14.00 per hour Laborer $6.50-11.50 per hour Lifeguard $6.00-10.00 per hour Receptionist $7.50-10.50 per hour Recreation Instrnctor/Leader $5.50-30.00 per hour Recreation Official $5.50-22.00 per game Recreation Worker $5.50-15.00 per hour Secretary $8.50-18.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordinator* $9.00-18.00 per hour Video Technician* $8.50-16.00 per hour 3 Water Safety Instructor (WSI) $6.00-10.00 per hour WSI & Head Lifeguard Differential $1.00 per hour (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) * Video positions shall be paid a guaranteed minimum flat fee of $20 instead of an hourly rate if their hourly rate multiplied by the number of hours is less than $20. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. 4. Personal Service Individual License -Sharon Madison -Maplewood Community Center Approved an individual personal service license for Sharon Ann Madison. 5. Transfer from Sewer Fund to Data Processing Fund Approved a transfer of $908.75 from the Sewer Fund to the Data Processing Fund for the new software, and authorized the appropriate budget changes. 6. Disposal of Surplus Property -Public Works Declared as surplus property and authorized disposal at city or state auction the following item: 1981 Chevrolet 4x4 1-ton service truck SN 1GBGK24M9BJ116557 98,000 miles 7. Certification of Water and Sewer Service Cost - 2730 Brand Avenue Authorized the city clerk to certify to Ramsey County costs in the amount of $2931.61, plus interest incurred since January 1, 2000, to PIN. 25-29-22-41-0030 (Helen M. Wettschreck, 2730 Brand Avenue), and thatthe certified cost be payable over a 5-year period. 8. Fee Waiver -Historical Society Food Permit Waived the fee ($43.00) for the temporary food permit for the Maplewood Historical Society fund raiser on April 8, 2000. 9. Disposal of Surplus Property -Fire Department Approved the sale of 78 used self-contained breathing apparatuses (SCBA~) to neighboring fire departments and authorized the city attorney to prepare a waiver by which the city will not be held liable for the sale of these used SCBA~s. 4 10. Award of Contract - P.D.L, Personnel Decisions International Authorized appropriate city officials to execute a contract with Personnel Decisions International based on their proposal, and to establish a budget of $20,500 to be financed by the general fund. H. PUBLIC HEARINGS: 1. 7:00 P.M. (7:05 P.M.) Assessment Hearing, Tilsen North Neighborhood Streets, Project 99-05 a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report, presented the specifics of the report, and read objections to the assessment received by mail into the permanent record. c. City Attorney Kelly explained the procedure for public hearings. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Richard Wojcik, 2461 Brenner Avenue East Gary Strauch, 2468 Brenner Avenue East Rod Skoge, 3016 North Lakewood Drive Grace Kim, 2484 Brenner Avenue East Pat Brown, 3003 North Meyer Court Richard Wojcik, second appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt a Resolution, approving the adoption of the assessment roll for Tilsen North Neighborhood Streets, Project 99-05. Seconded by Mayor Cardinal Ayes -Councilmember Koppen Nays -Mayor Cardinal, Councilmembers Allenspach, Collins, and Wasiluk Mayor Cardinal noted that project and assessment record for Tilsen North Neighborhood Streets, Project 99-05 is complete at this time. 2. 7:00 P.M. (7:35 P.M.) Bennigan~ Irish American Grill and Tavern (West of 1749 Beam Avenue) a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report. a Community Development Director Coleman presented the specifics of the report. d. Boardmember Matthew Ledvina presented the Community Design Review Board report. e. City Attorney Kelly explained the procedure for public hearings. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Dale Cambell, Consultant for Project David Boozary, Officer of Den-Way, Inc. John Weiers, Welsh Companies g. Mayor Cardinal closed the public hearing. A. Variance from Development Moratorium Ordinance Councilmember Allenspach moved to adopt the following Resolution, approving a variance from the development moratorium for the property west of the Olive Garden at Birch Run Station. The variance allows the construction of a Bennigan~s Irish American Grill and Tavern. RESOLUTION 00-04-042 VARIANCE RESOLUTION WHEREAS, Den-Way, Inc. applied for a variance from the development moratorium ordinance for the undeveloped property west of the Olive Garden Restaurant at the Birch Run Station Shopping Center. WHEREAS, this variance applies to property west of 1749 Beam Avenue (the Olive Garden Restaurant). The legal description is: ALL THAT PART OF THE SE CORNER OF THE NE QUARTER OF SECTION 3, TOWNSHIP 29, RANGE 22 AND ALL THAT PART OF LOT 8, BLOCK 1, MAPLEWOOD MALL ADDITION, RAMSEY COUNTY, MINNESOTA. WHEREAS, Ordinance No. 799 of the city code establishes a development moratorium for the undeveloped land west of the Maplewood Mall. site. WHEREAS, the applicant is proposing to build a Bennigan~s Irish American Grill and Tavern on this WHEREAS, this requires a variance from the moratorium ordinance. WHEREAS, the history of this variance is as follows: The city council held a public hearing on April 10, 2000. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. 6 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance as recommended by the city staff that would allow the construction of a Bennigan~s Irish American Grill and Tavern at Birch Run Station west of the Olive Garden, 1749 Beam Avenue. This variance is because: 1. The proposed Bennigan~s is compatible with the existing and proposed development for Birch Run Station. 2. The outlots at Birch Run were established for development with restaurant uses. The Maplewood City Council adopted this resolution on April 10, 2000. Seconded by Councilmember Koppen Ayes -all B. Building, Site, Landscaping and Sign Approval Councilmember Koppen moved to approve the architectural, site, landscaping and sign plans, date-stamped March 10. 2000, for the proposed Bennigan~s Irish American Grill and Tavern west of 1749 Beam Avenue. Approval is based on the findings required by the code and subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineer for approval. b. Revise the site plan showing concrete curb and gutter on the south side of the east/west driveway north of the site. The applicant shall also make sure that their asphalt paving attaches to the adjacent paving of the Olive Garden site. c. Present the design of the gates around the trash enclosure to staff for approval. 3. The applicant shall complete the following before occupying the building: a. Paint the rooftop mechanical equipment, if used, to match the building color. b. Install an in-ground lawn irrigation system for all landscaped areas. c. Provide site security lighting that is aimed or shielded so not to shine into drivers- eyes. d. Install continuous concrete curbing around the parking lots and drives. e. Pave all driving surfaces. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. 7 b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the winter or within six weeks if the building is occupied in the spring and summer. a The city receives an agreement that will allow the city to complete any unfinished work. 5. The Bennigan~ wall signs are approved as shown on the plans. A pylon sign maybe substituted for one of the wall signs subject to the height and size requirements of the city code. 6. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes -all I. AWARD OF BIDS 1. New Fire Engine a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Collins moved to accept the bid from Custom Fire in the amount of $246,890 for one 1,5000 GPM fire engine to be delivered within 120 days from council approval. Seconded by Councilmember Koppen Ayes -all 2. Ground Work for New Fire Station a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Allenspach moved to accept the bid from Maxsteininger Company who was low bidder for the , excavating and utility work for the new Gladstone Neighborhood Fire Station with a base bid price of $61,900. Seconded by Councilmember Koppen Ayes -all 3. Tilsen North Neighborhood Streets, Project 99-05 a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Koppen moved the following Resolution: RESOLUTION 00-04-043 WHEREAS, an assessment hearing was held April 10, 2000, for Public Improvement Project 99-05. WHEREAS, the adoption of assessment role failed. NOW, THEREFORE, BE IT RESOLVED, by the Maplewood City Council that Project 99-05 is hereby canceled. Seconded by Mayor Cardinal Ayes -all Councilmember Koppen moved the following Resolution: RESOLUTION 00-04-044 WHEREAS, Public Improvement Project 99-05 is canceled. NOW, THEREFORE, BE IT RESOLVED, by the Maplewood City Council all bids are rejected based on the cancellation of the project. Seconded by Mayor Cardinal Ayes -all J. UNFINISHED BUSINESS 1. Disposition of Old Gladstone Fire Station Mayor Cardinal moved to table until further notice. Seconded by Councilmember Collins Ayes -all K. NEW BUSINESS 1. Hazelwood Street, Project 99-07, Accept Assessment Roll and Order Assessment Hearing a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the following Resolution, ordering the assessment hearing for the Hazelwood Street Improvements Project 99-07. RESOLUTION 00-04-045 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the construction of Hazelwood Street from Gervais Avenue to County Road C, City Project 99-07, and the said assessment is on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 9 1. A hearing shall be held on the 8th day of May, 2000, at the city hall at 7 p.m. 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 Wasiluk Ayes -all 2. Year 2001 Street Improvements, Establish Initial Project Budgets a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Collins moved to direct staff to begin meeting with the below referenced neie_hborhoods to begin nroiect development and approved the below recommended budgets. Project 00-03, Ripley Avenue $10,000 Project 00-04, Tilsen South 8,000 Project 00-05, Gladstone West 10,000 Seconded by Councilmember Koppen Ayes -all 3. North Saint Paul Water Agreement a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the following Resolution, accepting the water agreement proposed by the City_ of North St. Paul. RESOLUTION 00-04-046 WHEREAS, a contract has been drawn, dated April 18, 2000, to provide water service to the City of Maplewood for the area bounded by the common city boundary on the south, and Interstate 694 on the north, Ariel Street projected on the west and TH 120 on the east; in addition, Stanich Curve and Knoll Circle. WHEREAS, the City of Maplewood has reviewed said contract, and WHEREAS, the North St. Paul City Council has given tentative approval to the water service contract. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Maplewood in regular meeting, 10 duly called and held this 10th day of Apri12000, that it hereby approves the aforementioned water service contract and that the Mayor and City Manager are hereby directed to execute said contract with the City of North St. Paul. Seconded by Councilmember Allenspach Ayes -all L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Contingency Fund -Mayor Cardinal had Finance Director Faust explain what the budgets contingency account is and how it is funded. 2. Motion to Waive the Rules -Councilmember Koppen moved to waive the rules for reconsideration of Robert Mogren~s application. Seconded by Mayor Cardinal Ayes -all Councilmember Koppen -moved to reconsider Robert Mogren~s application at the April 24, 2000 City Council Meeting. Seconded by Mayor Cardinal Ayes -all 3. Security Costs -Mayor Cardinal noted that the city has recently increased building security and directed Acting City Manager Haider to look into employee identification badges, practices and requirements. 4. Builders Square -Councilmember Koppen noted that the Woodland Hills Church project has not been progressing and suggested that the City send a letter to Kmart and the relator to keep dialog open and to establish that the City is still interested in improving the Builders Square site. 5. Partnership -Councilmember Wasiluk noted that the Partnership is a cooperative effort between Maplewood, North Saint Paul, Oakdale and School District #622 and the purpose of this group is to encourage cooperation between the different entities. She asked that if anyone had any issues that they wanted the Partnership to address, they should contact her since she is on the committee. N. ADMINISTRATIVE PRESENTATIONS 1. Councilmember Collins urged citizens to become involved in community projects at their onset. O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 8:20 P. M. 11 Seconded by Councilmember Allenspach Ayes -all Karen E. Guilfoile, City Clerk 12