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HomeMy WebLinkAbout07-09-2001MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 9, 2001 Council Chambers, Municipal Building Meeting No. 01-14 A. B. C. D. E. F 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 Collins moved to approve the minutes of Meeting No. 01-13 (June 25, 2001) as presented. Seconded by Councilmember Wasiluk. Ayes -All Councilmember Allenspach moved to approve the minutes of Council/Manager Workshop (June 25, 2001) as presented. Seconded by Councilmember Wasiluk APPROVAL OF AGENDA Ayes -All Councilmember Wasiluk moved to approve the Agenda as amended: Remove K8: The Bird Nightclub withdrew their request for a one time outdoor event. M1. Rush Line Corridor M2. Junk Car Ordinance M3. Welcome Signs Seconded by Councilmember Allenspach. Ayes -All APP OINT MENT S/PRESENTATION S None G. CONSENT AGENDA Councilmember Collins moved to approve the Consent Agenda items 1-3 and 5-10 as presented. Seconded by Councilmember Koppen. Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE $19,199.33 Checks #54481 thru #54484 dated 6/18 thru 6/19/01 $123,258.13 Checks #54486 thru #54571 dated 6/26/01 $189,072.04 Disbursements via debits to checking account dated 6/19 thru 6/26/01 $645,366.75 Checks #54572 thru #54574 dated 6/27 thru 6/29/01 $283,630.95 Checks #54575 thru #54643 dated 7/3/01 $46,343.49 Disbursements via debits to checking account dated 6/27 thru 6/29/01 $1,306,870.69 Total Accounts Payable PAYROLL $342,362.56 Payroll Checks and Direct Deposits dated 6/22/01 $25,118.57 Payroll Deduction check #84480 thru #84484 dated 6/22/01 $367,481.13 Total Payroll $1,674,351.82 GRAND TOTAL 2. Audit Contract Accepted the recommendation from staff that renews the current five-year contract with KPMG Peat Marwick for auditing services. 3. Conditional Use Permit--Goodrich Golf Course Club House (1820 Van Dyke Street) Accepted the recommendation from staff to review the conditional use permit for Goodrich Golf Course clubhouse at 1820 Van Dyke Street again in one year. 5. White Bear Township Beach Joint Powers Agreement 2 Accepted the recommendation from staff that approves the following joint powers agreement for Bellaire Beach: JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR AND THE CITY OF MAPLEWOOD REGARDING LIFEGUARD SERVICES THIS AGREEMENT, made and entered into on the 18th day of May 2001, by and between the Town of White Bear (the TOWN), and the City of Maplewood/Maplewood Community Center (MCC); both of which are governmental subdivisions of the State of Minnesota located in the County of Ramsey. PURPOSE 1. The TOWN has leased, from the County of Ramsey, the property located on the south shore of White Bear Lake in the Town of White Bear, known as "Bellaire Beach." 2. The TOWN is desirous of having MCC hire, train, and manage all beach personnel to work at "Bellaire Beach" from May 26, 2001 to September 3, 2001 (Labor Day). 3. Minnesota Statutes, Section 471.59 provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT Now, therefore, in consideration of the mutual undertakings herein expressed, the Town of White Bear and the City of Maplewood/Maplewood Community Center, agree as follows: 4. That MCC shall provide the following services: a. MCC will determine the hours of operation for Bellaire Beach based upon TOWN recommendations. MCC will be responsible for the operations at Bellaire Beach from May 26, 2001 through September 3, 2001 (Labor Day). In the event of poor weather conditions the MCC will be responsible for the decision of closing the beach. MCC will also be responsible for opening and closing the beach facility on a daily basis and administration of keys to personnel. b. Recruit, hire, train and evaluate all lifeguard staff. MCC will hire, train, evaluate, discipline and terminate employees. c. Manage pay records and issue paychecks to all aquatic personnel working at Bellaire Beach. d. Ensure employees working at Bellaire Beach are employed by the City of Maplewood and follow all Maplewood personnel policies. Employees must meet the minimum requirements to work in the appropriate position. Lifeguard: • All lifeguards hired must hold a current certification in American Red Cross Lifeguard Training and CPR for the Professional Rescuer. • The MCC will monitor Aquatic Staff certifications to be sure that all certifications remain current. • All aquatic staff is required to maintain current certifications. Expired certifications will result in being released from duties. • In the event of an expired certification, the MCC will remove the person, fill their shift with certified staff and make every attempt to renew the individuals certification in order to return to work as soon as possible. • In an effort to encourage fitness and develop strong lifeguards, the MCC will administer the Coopers Swim Test to all lifeguards at the start of their employment along with other skill tests. These skills are also performed periodically throughout the year at mandatory inservice trainings. Lifeguards who are not achieving "good" standards according to the Coopers Test, will need to attend additional training sessions conducted by certified lifeguard Training Instructors and Water Safety instructors. This will help to improve their swimming skills. Lifeguards who are selected to work at the beach must be American Red Cross Waterfront certified, have six months experience working at the Community Center, and have demonstrated excellent dependability and responsibility. These high expectations are to insure that all staff who are working off site are aware and following Maplewood policies and work well independently. The TOWN will be able to participate in the final selection of guard staff should they desire, but the final hiring selection shall solely be the responsibility of MCC. e. Give an orientation to lifeguard staff on beach management, rules and regulations, preventive responsibilities, emergency procedures, operation of facility, suggest in-service training curriculum of the Bellaire Beach 2001 summer season. Administer Bellaire Beach for the entire 2001 beach season. g. Conduct minimum of five in-service training sessions (one every two weeks). In-services consist of both in and out of water training sessions. Attendance at these in-service training sessions will be mandatory. Lifeguarding skills will be evaluated at the "in-water" in-services, and information vital to the success of the aquatic program will be given at "dry-land" in-services. h. Visit Bellaire Beach a minimum of once per week during the months of June through August, to critique and advise staff on operations and gather input from participants. There will be an Aquatic Program Representative or Head Lifeguard available on site during times that the beach is open. Head lifeguards must be a minimum of 18 years of age and have excellent guarding, customer service and leadership skills. MCC administrative staff will also conduct "On the Job Evaluations" for lifeguards periodically throughout the year without previous warning to the staff being evaluated. The skills evaluated in an "On the Job Evaluation" maybe guarding technique, CPR skills, first aid skills, and prevention of accidents. After evaluating the lifeguard, the administrative staff will meet with the staff individually and discuss any critiques, or comments that they have to improve life guarding or teaching techniques. j. All employees will be evaluated for their performance formally at the end of the summer season. Employees will also be evaluated on a less formal basis midway through the summer. k. Ensure staff follows all policies and procedures as authorized providers of the St. Paul Chapter of the American Red Cross. Oversee the daily upkeep and cleaning of the Beach facilities including the guard house and toilets. Any maintenance or mechanical problems will be immediately reported to the TOWN. m. Oversee use of other Bellaire Beach facilities including picnic shelter, picnic tables and grounds. Patrol entire park once per day to clean-up litter, empty trash receptacles into park dumpster as needed. Clean beachfront daily including removing weeds and other debris from shoreline. Remove weeds and remove trees which tend to grow in shallow water areas of beach. n. MCC agrees to abide by the requirements and regulations of the American with Disabilities Act of 1990 (ADA), the Human Rights Act (Minnesota Chapter 363), and (Title '~ of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disability, religion, sexual preference and sexual harassment. Violation of any of the above laws can lead to termination of this agreement. 5. That the TOWN will provide the following services: a. Provide proper signage for beach. b. Reimburse MCC for lifeguard salaries (as outlined by MCC) on a monthly basis. a The TOWN hereby agrees to provide MCC with an annual fee of $16,500.00, payable in three (3) monthly payments of $5,500.00 each. The fee will be adjusted for beach closings due to poor weather and will be reflected in the monthly billing. d. The TOWN agrees to indemnify and hold harmless MCC, its officers, and employees from any liability, claims, damages, cost, judgments, and expenses including attorney's fees resulting directly or indirectly from an actor omission with respect to the suitability, design, usual maintenance, and operations of the facilities provided by and maintained by the TOWN and its agents. The TOWN represents that said facilities are suitable for beach operation. e. All policies of insurance shall provide that the insurance company will notify MCC at least thirty (30) days prior to the effective date of any policy cancellation, modification, ornon-renewal. The TOWN agrees to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality. The TOWN will immediately report to MCC any requests from third parties for information relating to this Agreement. The TOWN agrees to promptly respond to inquiries from MCC concerning data requests. The TOWN agrees to hold MCC, its officers, department heads, and employees harmless from any claims resulting from the TOWN's unlawful disclosure of use of the data protection under State or Federal laws. 6. This Agreement will remain in effect through September 3, 2001, and after which time the parties shall meet to discuss any renewal of this Agreement for the following year. IN WITNESS WHEREOF, the Town of White Bear and the City of Maplewood/Maplewood Community Center have caused this Agreement to be executed on their behalf by their proper officers, Council and Board. 6. Approval of Edgerton Park Budget Adjustment and Irrigation Bid Accepted the recommendation from staff to authorize the finance director to modify the Edgerton Park budget to $700,00 based on the elimination of the Priory open space budget of $50,000 increased revenues and/or internal short- term loans for 2001. Service Agreement between EagleScan and City ofMaplewood--Public Works Authorized the City Engineer to enter into the service agreement with EagleScan in the amount of $23,689.00. 8. Temporary Gambling--Holy Redeemer Church (2555 Hazelwood Avenue) Approved the temporary gambling license application for Holy Redeemer Church for September 16, 2001. 9. Personal Service--Individual License--Scott Charles Boekhoff--Salon Nostalgia Approved the individual personal service license for Scott Charles Boekhoffto be used at Salon Nostalgia. 10. Personal Service--Individual License--Carol Ann Lidberg--Salon Nostalgia Approved the individual personal service license for Carl Ann Lidberg to be used at Salon Nostalgia. Councilmember Allenspach moved to approve Consent Agenda item 4 as amended. Seconded by Councilmember Koppen. Ayes -All 4. Conditional Use Permit--Launderville Towing (2194 Van Dyke Street) Accepted the recommendation from staff to: a. Review the conditional use permit again in one year. This permit allows the storage of a one-ton tow truck at 2194 Van Dyke for one year. H. PUBLIC HEARINGS 1. 7:00 P.M Credit Equity Sales Conditional Use Permit (2525 White Bear Avenue) a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant City Manager Coleman presented the specifics of the report. d. Commissioner Paul Mueller presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Julie Berry, 2361 Oak Lane, employee at Credit Equity Sales Councilmember Collins moved to adopt the following resolution that approves a conditional use permit for used motor vehicle sales at Maplewood Auto Center. 2525 White Bear Avenue. Approval is based on the finding required by the code and subject to: RESOLUTION 07-01-061 Credit Equity Sales--Conditional Use Permit WHEREAS, Dale Martin, of Credit Equity Sales, applied for a conditional use permit for motor vehicle sales at the Maplewood Auto Center: WHEREAS, this permit applies to property located at 2525 White Bear Avenue. The legal description is: SUBJECT TO EASEMENTS: N 280 FEET OF LOT 2 & ALL OF LOT 1 BLOCK 1, MAPLE RIDGE MALL (PIN 11-29-22-22-0040) WHEREAS, the history of this conditional use permit is as follows: 1. On June 18, 2001, the planning commission recommended that the city council approve this permit. 2. On July 9, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. There shall not be any vehicles displayed in the parking lot with "for sale" signs or any other forms of vehicle-sale display or graphics. 5. Vehicle sales shall be by appointment only, not on adrop-by retail basis. 6. The owner or operator shall get a certificate of occupancy from the city before occupying the space. Seconded by Councilmember Wasiluk Ayes -All I. AWARD OF BIDS 1. Approval of Public Works Rooftop Unit and Wireless Thermostats Bid a. City Manager Fursman introduced the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report. Councilmember Collins moved to approve the Cramer proposal of $57,850 to replace the multi- zone rooftop unit at Public Works. Seconded by Councilmember Koppen. Ayes -All J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. City Council Policies and Procedures Amendment a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Allenspach moved to adopted the following policy into the Council polic, Procedures manual: 1. Advisory Boards will continue to conduct their own interviews with all the candidates, will make recommendations and share their rankings. Minutes of the board meetings would be included for council review. The minutes should include some description and highlights of each candidate interview. 2. Applicants for appointments should attend a meeting of the commission they are applying for. Interview could be conducted the commissioners at the end of the meeting. 3. Each advisory board or commission will provide a description of the board's purpose and responsibilities with each application. 4. The city council may request that board members or city staff submit questions that the council could ask when doing interviews. 5. To decide appointments, the city council will take into account all information provided by staff, advisory boards and the applicants. They may also consider other factors such as longevity or geography in the community when making their selection. Seconded by Councilmember Koppen. Ayes -All 2. MCC Swimming Pool Air Quality a. City Manager Fursman introduced the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report. Councilmember Koppen moved to approve the opening of bids for the Community Center dehumidification/air recovery unit project with planned completion in September. Seconded by Councilmember Allenspach. Ayes -All 3. Approval of Wheel Park Financial Contribution to N.E. YMCA a. City Manager Fursman introduced the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report. Councilmember Wasiluk moved to approve the joint powers agreement with YMCA in the amount of $15.000 for a community wheel park. The money should be allocated from the city P.A.C. fund. 10 4. 5. Seconded by Councilmember Koppen Ayes -All Receive Petition and Authorize Preparation of Preliminary Report for Bush Avenue Improvements and Access Removal at Stillwater Road--City Project 01-04 a. City Manager Fursman introduced the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Allenspach moved to receive the petition from Bush Avenue, and to authorize and prepare a preliminary report on constructing a cul-de-sac on Bush Avenue at Stillwater Road and Reconstruct Bush Avenue as recommended. Seconded by Councilmember Koppen. Ayes -All Personal Service Massage Therapy--Requested Change in Requirements a. City Manager Fursman introduced the staff report. b. City Clerk Guilfoile presented the specifics of the report. Bob Moore, owner, Salon Nostalgia was heard. 6. Councilmember Collins moved to make the following changes to the Massage Therapist license and directed staff to bring a code change back to the neat meeting: 1. Upon receiving written information from the Police Department that the applicant has cleared the investigative process, administrative approval would be granted. No appearance before the city council would be necessary for the applicant. 2. Minor changes in the wording of the application. Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers Allenspach, Wasiluk, Collins Nays -Councilmember Koppen Approve Standard Services Agreement for Professional Services with URS/BRW Corporation. a. City Manager Fursman introduced the staff report. b. Public Works Director Ahl presented the specifics of the report. Councilmember moved to approve the Standard Services Agreement for Professional Services with URS/BRW Corporation and authorize the Mayor and City Manager to execute the Agreement on behalf of the City of Maplewood. Seconded by Councilmember Ayes -All 11 Authorize the Purchase of the Radio Base Station for the Dispatch Center. a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Collins moved to approve the purchase of the radio base station equipment from Capitol Communications. Seconded by Councilmember Wasiluk 8. Removed from the agenda. 9. Water Commissioner Appointment Ayes -Mayor Cardinal, Councilmembers Wasiluk, Allenspach, Collins Nays -Councilmember Koppen a. City Manager Fursman introduced the staff report and presented the specifics of the report. The council provided direction on how staff could negotiate on the City's behalf. L. M. N VISITOR PRESENTATIONS None COUNCIL PRESENTATIONS 1. Rush Line Corridor--Councilmember Collins reminded the council and staff that there will be an open house on July 10~' at the Community Center for the Rush Line Corridor from 3:30 p.m. to 6:30 p.m. 2. Junk Car Ordinance--Assistant City Manager Coleman explained the new ordinance relating to off street parking in residential areas, which becomes effective on August 1, 2001. Assistant City Manger Coleman and Police Chief Winger will be meeting to discuss enforcement issues. 3. Welcome Signs--City Manger Fursman updated the council on feedback received from residents on the city's welcome signs. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Mayor Cardinal adjourned the meeting at 8:40 P.M 12