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Home My WebLink About08-28-2000MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 28, 2000 Council Chambers, Municipal Building Meeting No. 00-17 A. B. C. D. E. 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. 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 APPROVAL OF MINUTES: Councilmember Allenspach moved to approve the minutes of Meeting No. 00-16 (August 14. 2000) as presented. Seconded by Councilmember Wasiluk Ayes -all APPROVAL OF AGENDA: Councilmember Allenspach moved to approve the Agenda as amended M1. Midsummer Nights Update M2. Special Council Meeting, September 6, 2000, at 5:00 p.m. - 2001 Budget Discussion M3. Meeting, Thursday, August 31, 2000, at 5:00 p.m. -Selection of City Manager M4. City Council Meeting, Monday, September 11, 2000 -Set Date for Public Hearing on 2001 Budget Seconded by Councilmember Collins Ayes -all F. APPOINTMENTS/PRESENTATIONS: None G. CONSENT AGENDA: Councilmember Koppen moved to approve the Consent Agenda as presented. Seconded by Councilmember Wasiluk 1. Approval of Claims Approved the claims. Ayes -all ACCOUNTS PAYABLE $35,776.00 Checks #8351 thru #8353 dated 8/7 thru 8/8/00 $362,513.38 Checks #50985 thru #51075 dated 8/15/00 $103,862.19 Disbursements via debits to checking account dated 8/8 thru 8/14/00 $1,176.86 Checks #8354 thru #8357 dated 8/15 thru 8/16/00 $222,491.38 Checks #51078 thru #51175 dated 8/22/00 $224.919.09 Disbursements via debits to checking account dated 8/15 thru 8/21/00 $950,738.90 Total Accounts Payable PAYROLL $326,918.93 Payroll Checks and Direct Deposits dated 8/18/00 $23,257.70 Payroll Deduction check #79940 thru #79945 dated 8/18/00 $350.176.63 Total Payroll $1,300,915.53 GRAND TOTAL 2. Transfers to Close Fund for Joint Sewer Project with Woodbury Approved a transfer of $76,808.09 to the Street Construction State Aid Fund for the surplus state aid and approved a transfer of $14,472.68 to the Sanitary Sewer Fund to refund part of the transfer made to the project as a subsidy, and authorized the appropriate budget changes. The council closed this project. 3. Transfer to Close Fund for Gervais Avenue Project Approved a transfer from the Street Construction State Aid Fund to finance the deficit and authorized the appropriate budget changes. The council closed this project. 4. 2000 D.A.R.E. Bike-A-Thon 2 Approved the acceptance of a $3,250 check from the Rotary by the Maplewood Police Department that is to be used to offset expenses of the D.A.R.E. program. Commended the D.A.R.E. officers and Rotary for their work on this worthwhile project. 5. Donation to Police Canine Unit Approved the acceptance of a $50 donation from 3M to the Police Department that is to be used to purchase canine supplies and/or equipment. 6. Easement Agreements, Project 99-02 Authorized the appropriate officials to enter into two easement agreements which provide for the right to construct and maintain the gravity pipe that replaces Lift Station #9 and authorized the finance director to make the appropriate budget adjustment for Project 99-02 to finance $44,055 in acquisition costs from the sanitary sewer fund. H. PUBLIC HEARINGS: 1. 7:00 P.M. (7:05 P.M.) Zoning Code Change -Curbing Ordinance (First Reading) 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 Tim Johnson presented the Community Design Review Board report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. No one was heard. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the first reading of the following ordinance amending the concrete-curbing requirements: ORDINANCE NO. 806 AN ORDINANCE AMENDING THE CONCRETE-CURBING REQUIREMENTS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes Section 36-22(c) as follows (additions are underlined): All parking lots shall have continuous concrete curbing surrounding the exterior perimeter of the ap rking lot and drives. Park parking lots, that are not used in the winter, and parking lots having twelve (12) spaces or less are exempt from this requirement, unless required by the city engineer for drainage control. The community design review board may waive the curbing requirement in instances where the city engineer has determined that sheet drainage over ground would improve storm-water quality. The community design review board may allow continuous bituminous curbing temporarily on a case-by-case basis, subject to the following conditions: (1) Bituminous curbing maybe permitted for phased or staged developments where an adjacent future development phase would be built that would result in the removal of the curbing. (2) Bituminous curbing shall not be allowed for more than three years from the time of installation, at which time it must be removed due to the construction of a future phase of development or simply replaced with permanent continuous concrete curbing. (3) Bituminous curbing shall not be permitted if the city engineer requires concrete curbing for drainage control. (4) Bituminous curbing that becomes damaged shall be repaired immediately or as soon as the weather permits. (5) The city may require that the developer provide escrow to cover the replacement of the bituminous curbing with concrete curbing. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. Seconded by Councilmember Wasiluk Ayes -all I. AWARD OF BIDS 1. Cured-in-Place Pipe, Project 00-08 a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the following Resolution for Award of Bid for Cured- in-Place Pipe. Project 00-08, to Insituform Technologies USA. Inc., in the amount of $94.432: RESOLUTION 00-08-086 RESOLUTION FOR AWARD OF BIDS 4 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Insituform Technologies USA, Inc., in the amount of $94,432 is the lowest responsible bid for the construction of Cured-in-Place Pipe, City Project 00-08, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Seconded by Councilmember Allenspach Ayes -all J. UNFINISHED BUSINESS 1. Zoning Code Change -Business Commercial (BC) District (Second Reading) a. Acting City Manager Haider introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. Councilmember Koppen moved to adopt the following ordinance changing Section 36-151 (Business Commercial) District: ORDINANCE NO. 803 AN ORDINANCE CHANGING SECTION 36-151 (BUSINESS COMMERCIAL) DISTRICT The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes Sections 36-151(a)(1) as follows (additions are underlined and the deletions are crossed out): (1) A dwelling unit for one family is permitted ~~ ~~~~ with a business use. The dwelling unit and the principal business use must be in the same structure. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. Seconded by Councilmember Collins Ayes -all 2. Deer Management Code Addition (Second Reading) a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the following ordinance changing Chapter 7, Animals and Fowl: adding Article VII: Deer Management: ORDINANCE NO. 804 AN ORDINANCE CHANGING CHAPTER 7; ADDING ARTICLE VII: DEER MANAGEMENT The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances: Chapter 7 Sections 7-215--7-220 Reserved Article VII. DEER MANAGEMENT Sec. 7-221. Prohibiting feeding of deer It shall be unlawful for any person or group to place, or permit to be placed on the ground or within four (4) feet of the ground surface, either on property owned or controlled by such person or on property owned by others, unless it is screened in a manner which prevents deer from feeding thereon, any grain, fodder, salt licks or any other food including feed for birds, which may reasonably be expected to result in, deer feeding thereon. (a) Exceptions 1. Feeding programs or efforts undertaken by to City of Maplewood in accordance with the deer management plan or by the Department of Natural Resources for same; 2. Veterinarians, City animal control officers or county, state or federal game officials who, in the course of their duties, have deer in their custody; and 3. Any food places upon the property for the purpose of entrapping or otherwise taking deer where such trapping or taking is pursuant to a permit issued by the Minnesota Department of Natural Resources. Sec.7-222 Regulations No person shall, within the limits of the City, hunt or engage in the business of deer removal, unless such person shall be acting on the City~s behalf and obtained a special permit in conjunction with the City of Maplewood~s Deer Management Program. Sec. 7-223 Application of the deer management program. (a) Every person desiring to be part of our deer management program (archery hunt or sharpshooting) must become a member of Metro Bow Hunters Resource Base (MBRB). (b) Sharpshooting (rifles), maybe utilized, and organizations desiring to provide these services will be required to submit bids annually. Sec. 7-224 Violations of Article or rules, obstruction of deer management program or order of City council; etc. (a) No person shall obstruct or interfere with the City~s authorized deer management 6 program or threaten, intimidate, obstructor interfere with any authorized deer management program or agent providing such services to the City of Maplewood. (b) No person shall touch, damage, manipulate, disengage, make inoperative, or otherwise tamper with a deer trap or other deer removal equipment or material which is being used as part of the City~s authorized deer management program. (c) No person shall be within 100 feet of a deer trap or other deer removal equipment or material being used as part of the City~s authorized deer management program unless the person is on land which he/she owns or has the express permission of the City, the City~s authorized agent, or the owner of the property where the trap or removal equipment or material is located. (d) No person shall enter any area which the City or County has closed to the public as part of the City authorized deer management program if the City has provided notice of such closure by conspicuously posted signs or other reasonable means. Sec. 7-225 Violations and Penalties. (a) Any person violating, or otherwise refusing to comply with any provisions of this Ordinance shall be guilty of a misdemeanor and subsequent penalties shall apply. Sec. 7-226 This ordinance shall take effect after the City publishes it in the official paper. Seconded by Councilmember Allenspach Ayes -all 3. Overnight Parking Ordinance (Second Reading) a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the following ordinance changing the overnight parking, Sec. 18-27 (a): ORDINANCE NO. 805 ORDINANCE CHANGING OVERNIGHT PARHING, SEC. 18-27 (a) Sec. 18-27. Same-Nighttime; prohibited hours; temporary special permit ~ Parking of any vehicle upon any street or road in the city a... ~~~~ *'~°~ *~°~'^"~~~~~° between the hours of 2:00 am. and 6:00 a.m. is hereby~rohibited. Seconded by Mayor Cardinal Ayes -all 4. Public Safety Dispatcher and Dispatch Supervisor Classes a. Acting City Manager Haider introduced the staff report and presented the specifics of the report. 7 Councilmember Collins moved that if the previous Maplewood dispatchers apply for these positions that they be brought back at the same seniori , /step level as when the, Seconded by Mayor Cardinal VISITOR PRESENTATIONS Koppen, Wasiluk The motion failed. Councilmember Allenspach moved to approve the creation of the three dispatching job classes along with the corresponding 2000 salary ranges and benefits. Seconded by Mayor Cardinal K. NEW BUSINESS None L. M. None COUNCIL PRESENTATIONS Ayes -Mayor Cardinal, Councilmember Collins Nays -Councilmembers Allenspach, Ayes -Mayor Cardinal, Councilmembers Allenspach, Wasiluk Nays -Collins, Koppen 1. Midsummer Nights Update -Councilmember Allenspach said this was the final week for the Midsummer Nights Program. One will be held at Harvest Park on Tuesday and one will be held at Edgerton Park (rain or shine) on Thursday. Councilmember Allenspach commended the Parks stafffor ajob well done. Councilmember Allenspach also wanted to wish Mary Franssen, known as Grannie Hug-A-Bug, a speedy recovery from surgery and to let her know that she is missed 2. Special Council Meeting, September 6, 2000, in the Maplewood Room, at 5:00 p.m. - 2001 Budget Discussion -Mayor Cardinal said that this would be a working session and that there will be no testimony at this meeting. 3. Meeting, Thursday, August 31, 2000, in the Maplewood Room, at 5:00 p.m. -Selection of City Manager -Mayor Cardinal said they would be talking to the three finalists for the City Managers position and would be making their decision on which of the three finalists would be offered the position. 4. City Council Meeting, Monday, September 11, 2000 -Set Date for Public Hearing on 2001 Budget -Mayor Cardinal said that the purpose of this public hearing was to set the limit on the maximum levy authorized to Ramsey County. Mayor Cardinal said Acting City Manager Haider has accepted the Ramsey County Engineer position and wanted to congratulate him. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 7:30 P.M. Seconded by Councilmember Allenspach Ayes -all Karen E. Guilfoile, City Clerk 9