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HomeMy WebLinkAbout12-10-2001MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 10, 2001 Council Chambers, Municipal Building Meeting No. 01-29 A. B. C. D. E. F CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the 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 Koppen moved to approve the City Council Minutes of November 26, 2001, Meeting 01-28 as amended. The title should read the meeting was held in the Council Chambers, as opposed to the Maplewood Room. Councilmember Wasiluk seconded. Ayes-All Councilmember Wasiluk moved to approve the CounciUManagers Workshop Minutes of November 26. 2001 as presented. Councilmember Koppen seconded. Ayes-All APROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as presented. Mayor Cardinal seconded. Ayes-All APPOINTMENT S/PRESENTATIONS 1. Resolution of Appreciation-Jack Frost, Planning Commission Councilmember Collins moved to ayyrove the following resolution of ayyreciation for Jack Frost of Planning Commission: RESOLUTION O1-12-116 JOINT RESOLUTION OF APPRECIATION City Council 12-10-O1 1 WHEREAS, Jack Frost has been a member of the Maplewood Planning Commission since December 1 Q 1990 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensarion, for the benefit of the City. WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, rime and effort for the benefit of the City. NOW, THEREFORE, IT ISHEREBYRESOLVED for and on behalf of the City of Maplewood, Minnesota and its cirizens, that JackFrost is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Councilmember Koppen seconded. Ayes-All G. CONSENT AGENDA Councilmember Wasiluk moved to approve items 1-5 and 7-13 on the Consent Agenda as presented. Items #6 and #14 will be voted on separately. Councilmember Koppen seconded. Ayes-All Approval of Claims 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. Transfer to General Fund Approved a transfer of $100,000 form the Fire Safety Projects Fund to the General Fund and authorized the appropriate 2001 budget changes. City Council 12-10-O1 2 3. Ambulance Rates for 2002 Adopted the following resolution to provide the anticipated Ambulance Rate revenue in the 2002 Budget: RESOLUTION O1-12-117 RESOLUTION ADOPTING 2002 AMBULANCE RATES WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and WHEREAS, the paramedic ambulance services are partly financed by property taxes; and WHEREAS, it is fair and reasonable to charge non-residents a higher rate than residents for services rendered; and WHEREAS, it is fair and reasonable to charge for services rendered based upon the distance a person is transported and by type of services provided; i.e., basic or advanced life support services as defined by Medicare. NOW, THEREFORE, BE IT RESOLVED, thatthe following charges shall be effective January 1, 2002: Base rates: Non-transport (treatment administered) Basic life support ambulance services Advanced life support ambulance services Rate per mile transported Residents Non-Residents $210.00 $210.00 $560.00 $585.00 $850.00 $900.00 $ 10.40 $ 10.40 BE IT FURTHER RESOLVED, that there shall be no charge whenthe patienthas notbeen administered treatment and is not transported, when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges will be pro-rated between the people transported. 4. Ordinance to Set Recycling Rates for 2002 (Second Reading) Approved the second reading of the attached ordinance to increase the recycling charges for 2002: ORDINANCE 819 AMENDING THE MAPLEWOOD CODE RELATING TO RECYCLING SERVICE CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 16-58. Rates and charges is hereby amended to read as follows: The following rates and charges are hereby established for public education on solid waste reduction and to finance recycling costs: (1)St. Paul Billing District: City Council 12-10-O1 (a) The residential rate shall be $4.50 per unit per quarter. (b) There shall be a 5% late payment charge added to all bills, excluding the balance forward, which are not paid within thirty (30) days of the billing date. (2)North St. Paul Billing District: (a) The residential rate shall be $1.50 per unit per month. (b) There shall be a 5% late payment charge added to all bills, excluding the balance forward, which are not paid within twenty (20) days of the billing date. Section 2. This ordinance shall take effect and be in force beginning January 1, 2001. 5. Ordinance to Set Sewer Rates for 2002 (Second Reading) Approved the first reading of the following ordinance to increase recycling rates: ORDINANCE 818 AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 28-21 is hereby amended to read as follows: The following rates and charges are hereby established for all sanitary sewer services furnished by and in the City: (1) St. Paul Billing District: (a) The residential and non-residential rates shall be $1.62 per 100 cubic feet. (b) There shall be a minimum of $9.11 quarterly per sewer service connection. (2) North St. Paul, Roseville, Little Canada and Woodbury Billing Districts: (a) The residential and non-residential rates shall be $2.17 per 1,000 gallons. (b) There shall be a minimum of $9.11 quarterly per sewer service connection Section 2. This ordinance shall take effect and be in force beginning January 1, 2001. Approve Purchase of Sidewalk Maintenance Equipment Approved the purchase of sidewalk snow removal equipment in the amount of $26,162.79. 8. Sale of Used Firearms Approved the sale of the used firearms and directed the Finance Department to make the necessary budget City Council 12-10-O1 4 adjustments. 9. Budget Change-Summer Day Camp Program Approved the requested budget changes for the Summer Day Camp Program. 10. The Gardens Final Plat (Summer Lane, east of McMenemy Street) Approved the final plat for The Gardens, a twenty lot town home development. 11. Conditional Use Permit Review-Affordable Auto Sales (1930 Rice Street) Accepted staff s recommendation to review the conditional use permit for Affordable Auto Sales, 1930 Rice Street, again in one year. 12. Conditional Use Permit Review-Emma's Place (County Road B and Van Dyke Street) Accepted staff s recommendation to review the conditional use permit for Emma's Place, on Van Dyke Street N, again in one year. 13. Police Civil Service Commission Reappointment Accepted staff s recommendation to reappoint Steven Gunn to the Police Civil Service Commission for a three-year term. 6. Delinquent False Alarm Bills-Voted on Separately After questions directed to Finance Director Faust, Councilmember Collins moved to remove this item from the consent agenda. Seconded by Councilmember Wasiluk Ayes-All 14. MIS Technician Position Councilmember KoPpen moved to Ayyroved the City Manager's recommendation to create a yosition entitled MIS technician with a 2002 salary range of $39,944-$50,318. Mayor Cardinal seconded Ayes-All H. PUBLIC HEARINGS 1. 7:00 Saint Paul Regional Water Services McCarron's Plant Remodeling (1900 Rice Street) Conditional Use Permit Revision Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. Assistant Community Development Director Ekstrand introduced the staff report. Boardmember Shankar presented the Community Design Review Board report d. Commissioner Frost presented the Planning Commission report. City Council 12-10-O1 e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Jim Grautman, St. Paul Regional Water Services g. Mayor Cardinal closed the public hearing. Councilmember Allenspach moved to adopt the following resolution approving a conditional use permit and design plans (date stamped November 2, 2001) for the proposed expansion and renovation of the St. Paul Regional Water Treatment Plant building at 1900 Rice Street North: RESOLUTION 01-12-119 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the Saint Paul Water Utility has requested a conditional use permit to expand the original plant building at the St. Paul Water Utility McCarrons Water Treatment Plant. WHEREAS, this permit applies to the property at 1900 Rice Street North. The legal description is: SECTION 18, TOWNSHIP 29, RANGE 22 IN THE VILLAGE OF MAPLEWOOD REVISED DESCRIPTION NUMBER 175 A SPECIFIC PART OF SEC 18, TN 29, R 22. (PIN 18-29-22-31-0042) WHEREAS, the history of this conditional use permit is as follows: 1. On November 19, 2001, the planning commission recommended that the city council approve this permit. 2. On December 10, 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 approves the above-described conditional use permit based on the building and site plans. The city approves 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 run-off, 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. City Council 12-10-O1 6 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. 7. 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 environrnental 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 construction 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. Approved the plans (date-stamped November 2, 2001) for the proposed expansion and renovation of the St. Paul Regional Water Services McCarrons Water Treatment Plant at 1900 Rice Street North. The city bases this approval on findings required by the code. The property owner shall do the following: 1. Repeat this review in two years if the city has not issued a permit for this project. 2. Revise the site plan for staff approval showing handicap parking spaces that meet ADA requirements before obtaining a building permit. 3. Provide a detailed grading, drainage, utility and erosion control plan to the city engineer for approval before obtaining a building permit. 4. If any required work shown on the approved plans is not done by the time of a final inspection for this project, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. a The city receives an agreement that will allow the city to complete any unfinished work. All work shall follow the approved plans. The director of community development may approve minor changes. Councilmember Koppen seconded. Ayes-All 2. 7:10 Ordinance Change-Pawn Shops and Currency Exchange Business City Council 12-10-O1 7 a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report and presented the specifics of the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None g. Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the ordinance to limit the number of pawn shops and currency exchange businesses to one each at a time and approved the license fee of $300.00: ORDINANCE NO. 820 AN ORDINANCE AMENDING CHAPTER 22 OF CITY CODE PERTAINING TO PAWNBROKERS AND ADDING LANGUAGE TO REGULATE CURRENCY EXCHANGE BUSINESSES The Maplewood City Council hereby ordains as follows: Section 1. Sec. 22-16, is amended as follows (the additions have been underlined): ~ No person shall exercise, carry on or engage in the trade or business of pawnbroker within the city without first having obtained a license, from the city, to do so in conformance with the provisions of this article. b~ Each license shall be issued to the applicant only and shall not be transferable. ~ Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. No change in ownership, control or location of a license shall be permitted except by amendment to the license. Such license amendment must be approved by City Council. ~ No more than one (1) pawnbroker license shall be issued by the Ci , at any time. The city shall give priority to qualified applicants for renewal of an existing license. Section 2. Sec. 22.1 is added as follows (the additions have been underlined): (a) Definition. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01 subdivision 1. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan or thrift company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ( 1.00) or one (1) percent of the value of the check or draft, whichever is greater. City Council 12-10-O1 (b) License required. No person shall exercise, carry on or enff~age in the trade of currency exchange in Maplewood without first having obtained a license from the city to do so in conformance with this Chapter and Minnesota Statutes Chapter 53A. (c) Each license shall be issued to the applicant only and shall not be transferable. (d) Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. (e) No change in ownership, control or location of a license shall be permitted except by amendment to the license. Such license amendment must be approved by the City Council. (f) No more than one (1) currency exchange license shall be issued by the City at any time. The City shall give priority to qualified applicants for renewal of an existing license. (g) License fee. The amount of the annual license fee for a currency exchange license under this article shall be imposed, established, set and fixed by the City Council, by resolution, from time to time. (h) Applications for license. The applicant for a currency exchange license under this article shall apply to the city clerk for such license and a copy thereof shall be forwarded to the chief of police. The chief of police, or an officer duly detailed by the chief for such purpose, shall investigate the applicant and report the results of such investigation to the City Council. The City Council must approve all currency exchange licenses. The City Council may disapprove an application for the following reasons: 1. Violation of any nrovision of the state currency exchange law contained in Chanter 53A 2. The location of the proposed business does not comply with applicable zoning, building or fire codes. All currency exchange businesses must obtain a Conditional Use Permit. 3. Anv one (11 or more of the reasons. conditions. or standards for adverse action under Section 36- 436 of Cites Councilmember Allenspach seconded. Ayes-All 3. 7:15 Intoxicating Liquor License-Fee Increase a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. a City Clerk Guilfoile presented the specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Tom McDonough, 660 Eldridge, Maplewood City Council 12-10-O1 9 e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve a 2.6% Intoxicating Liquor License Fee. Councilmember Allenspach seconded. Ayes-Mayor Cardinal, Councilmembers Allenspach, Wasiluk, and Collins Abstain-Councilmember Koppen I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Hillcrest Animal Hospital, Public Water Main Improvement at TH 61 and County Road D, City Project 01-28: Accept Petition and Order Preparation of Feasibility Study a. City Manager Fursman introduced the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved to approve the following resolution ordering the Preparation of a Feasibility Study to provide municipal water service to the Hillcrest Animal Hospital. City Project 01-28: RESOLUTION 01-12-120 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct a water main to serve the Hillcrest Animal Hospital at 1320 County Road D East, proposed City Project 01-28, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $10,000 are appropriated to prepare this feasibility report. Councilmember Koppen seconded. Ayes-All City Council 12-10-O1 10 2. Eldridge Avenue Street Improvements between McMenemy Street and Desoto Street, City Project O1- 29: Accept Petition and Order Preparation of Feasibility Study a. City Manager Fursman introduced the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved to approve the following resolution ordering the Preparation of a feasibility study for the Improvement of Eldridge Avenue, City Project 01-29: RESOLUTION 01-12-121 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to reconstruct Eldridge Avenue from McMenemy Street to Desoto Street, proposed City Project 01-29, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $10,000 are appropriated to prepare this feasibility report. Councilmember Koppen seconded. Ayes-All 3. Approve Modification of Ripley Avenue, White Bear Avenue to Van Dyke Street, Construction Contract, City Project 99-12 a. City Manager Fursman introduced the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Allenspach moved to approve the following resolution for Modification of the construction contract for Ripley Avenue, City Project 99-12: RESOLUTION 01-12-122 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 99-12, Ripley Avenue, from White Bear Avenue to VanDyke Street, and City Council 12-10-O1 11 has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 99-12, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $6,457.26. The revised contract amount is $153,440.69. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. The project budget is increased by $0.00. Councilmember Koppen seconded. Ayes-All 4. Dorland Road Access Improvements, City Project 01-26: Accept Preliminary Report and Schedule Public Hearing a. City Manager Fursman introduced the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Wasiluk moved to adopt the following resolution approving the preliminary report on the Dorland Road access improvements and calling for a public hearing for December 17, 2001: RESOLUTION 01-12-123 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted October 22, 2001, a report has been prepared by the city engineering division with reference to the improvement of Dorland Road Access Improvements, City Project 01-26, and this report was received by the council on December 10, 2001. 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 $40,000. 2. A public hearing shall be held on such proposed improvement on the 17th day of December, 2001, in the council chambers of city hall at 5 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Councilmember Allenspach seconded. Ayes-All City Council 12-10-O1 12 5. 6. 8. Auto Theft Prevention Grant a. City Manager Fursman introduced the staff report. b. Police Chief Winger presented the specifics of the report. Councilmember Allenspach moved to approve the grant from the Minnesota Department of Public Safety for Auto Theft Prevention. Councilmember Collins seconded. Ayes-All North St. Paul Dispatching Agreement a. City Manager Fursman introduced the staff report. b. Police Chief Winger presented the specifics of the report. Councilmember Collins moved to approve the asreement between North St. Paul and Maplewood to provide dispatching services. Councilmember Allenspach seconded. Ayes-All City Proposal for Firefighters Bargaining Unit a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the proposal as presented for the 2002 compensation and retirement plan for the paid-on-call firefighters. Councilmember Wasiluk seconded. Ayes-All Residential and Commercial False Fire Alarm System Fines-First Reading a. City Manager Fursman introduced the staff report. b. Fire Chief Lukin presented the specifics of the report. Councilmember Allenspach moved to approve the false alarm ordinance for both residential and commercial fire alarms as presented. Seconded by Councilmember Wasiluk Ayes-All L. VISITOR PRESENTATIONS 1. Kathy Juenemann-721 Mount Vernon, Maplewood-Commented on the huge success of the Dispatch Open House. Also thanked Sherry Allenspach for her eight years of dedicated service on the City Council. City Council 12-10-O1 13 M. COUNCIL PRESENTATIONS None N. ADMINISTRATIVE PRESENTATIONS None. O. ADJOURNMENT Councilmember Allenspach moved to adjourn the meeting at 8:00 P. M. Seconded by Councilmember Wasiluk Ayes -All City Council 12-10-O1 14