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HomeMy WebLinkAbout12-23-1996 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 23,1996 Council Chambers, Municipal Building Meeting No. 96-26 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 Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councihnember Present Dale H. Carlson, Councihnember Present Marvin C. Koppen, Councihnember Present George F. Rossbach, Councihnember Present D. APPROVAL OF MINUTES: 1. Minutes of Council/Manager Workshop (December 2, 1996) Councihnember Carlson moved to approve the minutes of the Council/ManagerWnrkshop of December 2, 1996 as presented./corrected: Seconded by Councihnember Allenspach Ayes -all 2. Minutes of Meeting 96-24, (December 5,1996) Councihnember Allenspach moved to approve the minutes of Meeting No. 96-24 (December 5, 1996) as presented. Seconded by Councihnember Rossbach Ayes -all 3. Minutes of Meeting 96-25, (December 9,1996) Councihnember Carlson moved to approve the minutes of Meeting No.96-25 (December9, 1996) as presented. Seconded by Councihnember Koppen Ayes -all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: Ll Sign Ordinance L2 Golf Dome L3 Mayor's Update Seconded by Councihnember Koppen Ayes -all EA. APPOINTMENTS/PRESENTATIONS 1. Resolution of Appreciation -Marie Koehler -Human Relations Commission a. Manager McGuire introduced the staff report 12-23-96 1 b. Mayor Bastian introduced the following Resolution and moved its adoption: 96-12-145 RESOLUTION OF APPRECIATION WHEREAS, Marie Koehler has been a member of the Human Relations Commission of Maplewood, Minnesota since October of 1993, and served as Chair of the Commission in 1995, and has served faithfully in those capacities; and WHEREAS, the Commission has appreciated Marie's experience, insights and good judgment; and WHEREAS, she has given her time and energy without compensation for the betterment of the city of Maplewood; and WHEREAS, she has shown dedication to her duties and has contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalfoftheCStyofMaplewood, Minnesota, and the citizens of the City, that Marie Koehler is hereby extended our gratitude and appreciation for her service, and our wishes for continued success in the future. Seconded by Councihnember Carlson Ayes - all 2. Parks & Recreation Commission Appointment a. Manager McGuire introduced the staff report b. Mayor Bastian moved to appoint Audrey Duelhnan to Fill the vacant three-year term on the Parks and Recreation Commission, effective January 1, 1997. Seconded by Councihnember Rossbach Ayes - all F. CONSENT AGENDA: Mayor Bastian moved, seconded by Councihnember Koppen; ayes -all, to approve the Consent Agenda, Items F-1 thru F-6, F-8 and F-10 thru F-24 , as recommended. (Item F-7 moved to become I-3 and Item F-9 to have separate vote). 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 112,139.14 Checks #6879-#6886 Dated 12-2-96 -12-4-96 $ 45,719.36 Checks #29197-#29245 Dated 12-10-96 $ 12,472.53 Checks #6887-#6897 Dated 12-6-96 -12-17-96 $ 127,333.64 Checks #29252-#29363 Dated 12-17-96 $ 297,664.67 Total Accounts Payable PAYROLL: $ 276,667.98 Payroll Checks and Direct Deposits Dated 12-13-96 $ 46,581.26 Payroll Deduction Checks #56010-#56023 Dated 12-13-96 $ 61,215.03 Payroll Checks (Merit) #55790-#55806 Dated 12-12-96 12-23-96 2 $ 384,464.27 Total Payroll 6R2,12R.94 GRAND TOTAL 2. Outdoor Seasonal Sales Operations Accepted the staff recommendation to not make any changes to the ordinances regulating outdoor seasonal sales operations. 3. Conditional Use Permit Review -Salvation Army Church (2080 Woodlynn Avenue) Reviewed and approved continuation of the Conditional Use Permit allowing a Church at 2080 Woodlynn Avenue, and will not review the permit again unless a problem develops or the applicant proposes a change to the use of the building or site. 4. Charitable Gambling License -Second Harvest St. Paul Food Bank Adopted the following Resolution: 96 - 12 -146 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, thatthe premises permit for lawful gambling is approved for Second Harvest St. Paul Food Bank, Inc. to operate at Champ's, 1734 Adolphus Street, Maplewood, Minnesota FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. 3349.213. 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. 3349.213. 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. 5. Charitable Gambling License -Maplewood Athletic Association -Second Location Adopted the following Resolution: 96-12-147 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, thatthe premises permit for lawful gambling is approved for the Maplewood Athletic Association to operate at Beau's Food & Spirits, 2289 Minnehaha Avenue East, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. 3349.213. 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. 3349.213. 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. 6. On Sale Liquor License -New Manager -Barry M. Schopf, Chili's Approved the liquor license application of Barry M. Schopf as the new manager of Chili's, 1800 Beam Avenue. 12-23-96 3 7. On Sale Liquor License -New Manager -James L. Tulgren, Hideaway MOVED TO I-3 8. On Sale Liquor License (Beer and Wine) -Kin Phing Lee, Singapore Chinese Cuisine, Inc. Approved the on-sale liquor license application of Kin Phing Lee to sell beer and wine at Singapore Chinese Cuisine, 1715-A Bear Avenue, Maplewood. 9. 1997 Approval: On- and Off-Sale Intoxicating Liquor Licenses SEPARATE VOTE FOLLOWS F-24 10. Van Dyke Mill & Overlay, Project 96-13 -Change Order Adopted the following Resolution: 96-12-148 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 96-13, VanDyke Street Mill and Overlay, and 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 96-13, Change Order 2. 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 2 in the amount of $426.80. The revised contract amount is $68,045.60. The Finance Director is hereby authorized to make the Fmancial transfers necessary to implement the Fmancing plan for the project. The project budget is increased by $500.00 to the revised budget amount of $89,500.00. 11. Sanitary Sewer Fund Budget Adjustment Approved the transfer of $107,000 from the Sewer Fund Unappropriated Retained Earnings Account to the Operating Budget (601-508-000-4510) to cover the budget overrun for sewage treatment costs. 12. Financial Transfers for Unassessed Utility Improvements Authorized the following transfers from the Sewer Fund and Water Fund to the Debt Service Funds to amortize the cost of unassessed water and sewer improvements during 1996. FROM TO DEBT SERVICE FUNDS $ 71,700 Water Fund 1977 Bonds (314) 6,500 Water Fund 1979 Bonds (316) 2,200 Sewer Fund 1979 Bonds 316 67,720 Water Fund 1988 Bonds 318 28 200 Water Fund 1990 Bonds (322) 176,340 12-23-96 4 13. Financial Transfer to Close Fund for Project 96-16 Authorized the transfer of $1,771.94 from the General Fund to eliminate the deficit and close the fund for Project 96-16. 14. Dental Self-Insurance Fund Budget Changes Authorized amending the 1996 Budget for the Dental Self-Insurance Fund to estimated revenues of $55,660 and estimated expenditures of $70,240. 15. Budget Change -Fire Department Authorized transfer of $43,220 from the General Fund Contingency Accountto financethe 1996 payment to the Fire Relief Association. 16. Budget Change -Street Maintenance Authorized a transfer of $8,800 from the General Fund Contingency Accountto the budget for the Street Maintenance Division overtime account to cover unanticipated costs during 1996. 17. Budget Change -Maintenance Department Authorized a transfer of $10,000 from the Contingency Account to the Building Operations Budget 101-115 to cover unanticipated costs during 1996. 18. Application for Cancellation of Ambulance Bill -Samuel Smestad Authorized cancellation on a hardship basis of the $316.76 remaining balance on an ambulance bill for Samuel G. Smestad. 19. Application for Cancellation of Ambulance Bill -Wendell Johnson Authorized cancellation on a hardship basis of a $523.80 ambulance bill for Wendell Johnson. 20. Human Relations Commission Reappointment Reappointed Maria Cantu-Costilla to Fill athree-year term on the Human Relations Commission (to expire on 12-31-99). 21. Police Civil Service Commission Reappointment Reappointed Clayton Qualley to Fill athree-year term on the Police Civil Service Commission (to expire on 12-31-99). 22. 1997 Pay Rates for Temporary and Part-Time Employees (Non-Union) Adopted the following Resolution: 96-12-149 SETTING 1997 TEMPORARY/SEASONAL AND PART-TIME WAGES 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 12-23-96 5 work in positions that do not exceed 67 days in a calendar year 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 part-time (14 hour or less) employees effective January 1, 1997, upon Council approval. Accountant $8.00-14.00 per hour Accounting Technician $6.50-12.00 per hour Administrative Assistant $9.00-20.00 per hour Building Inspector $14.00-20.17 per hour Building Maintenance Assistant/Attendant $5.50-8.50 per hour Clerk-Typist $7.50-10.50 per hour Custodian Maintenance Worker $8.00-11.00 per hour Customer Service Assistant $6.00-8.00 per hour Data Entry Operator $6.00-10.00 per hour Election Judge $6.00-6.50 per hour Election Precinct Chair $7.00-7.50 per hour Engineering Aide $7.00-10.00 per hour Engineering Technician $10.00-$16.00 per hour Fire Inspector $9.00-14.00 per hour Intern $6.00-14.00 per hour Laborer $6.50-10.50 per hour Lifeguard $6.00-10.00 per hour Receptionist $7.50-10.50 per hour Recreation Instructor/Leader $5.25-30.00 per hour Recreation Official $5.25-20.00 per game Rink Attendant $5.25-7.00 per hour Secretary $8.50-15.00 per hour Video Coordinator $9.00-14.00 per hour Video Technician $8.50-13.00 per hour Water Safety Instructor (WSI) $6.00-8.00 per hour WSI & Head Lifeguard Differential $1.00 per hour Lifeguards or WSIS working as Head ifeguards; Lifeguards working as WSIS) BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. 23. Addendum to 1997 Police Services Agreement with Landfall Approved, and authorized the Mayor and City Manager to execute, an Addendum to the 1997 Agreement for Police Services with the City of Landfall. 24. Budget Change Within Data Processing Fund Appropriated $62,400 from retained earnings to the depreciation accountwithin the Data Processing Fund (Account No. 703-118-000-4795). 9. 1997 Approval: On- and Off-Sale Intoxicating Liquor Licenses a. Councilmember Rossbach introduced the following Resolution and moved its adoption: 96-12-150 APPROVAL OF 1997 ON-SALE LIQUOR LICENSES RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1,1997, with approval granted herein subject to satisfactory results of required Police, Fire and health Inspections: Applebee's 3001 White Bear Avenue Christopher Flesner 2112 Maplewood Mall 12-23-96 6 Albert Wong Bali Hai Restaurant Vince Valdez 2305 White Bear Avenue Ciatti's Italian Restaurant 1900 E. County Road D Eugene A. Beaulieu Beau's Food & Spirits 2289 E. Minnehaha Paul J. Mateyka, Jr. Deans, Inc. Stephen Yantes 1986 Rice Street Bleechers 2220 White Bear Avenue Raymond R. Emerfoll Garrity's Tom McDonough 1696 White Bear Avenue Chalet Lounge 1820 Rice Street Michael Gengler Gulden's Richard M. Authier 2999 N. Highway 61 Champ's 1734 Adolphus Harry S. Given, Jr. Michael O'Connor Chi-Chi's Restaurants 3069 White Bear Ave Barry Schopf Chili's Restaurants Southlawn & Beam Keller Clubhouse 2166 Maplewood Drive Gregory J. Tulgren M. T. Pockets & Co., Inc. Roger T. Claussen 780 East County Road B Keller Lake Lounge 2280 Maplewood Drive Adeline Benjamin Mark Weinand Maplewood Bowl Live Rooster Liquor Lounge 1955 English Street 2029 Woodlynn Ronald Ringling Maplewood Inn 1730 E. County Road D David Sincebaugh The Olive Garden 1749 Beam Avenue Gerry L. Walton Red Lobster Restaurant #283 2925 White Bear Avenue Greg Kuhns Smiley's D.G. Burgers 2425 Highway 61 Thomas K. Buckley The Bird 2025 White Bear Avenue Club On-Sale Liquor License: Harlan Johnson Loyal Order of Moose 963 1946 English Street Wine On-Sale Liquor License: Mr. Singh & Mr. Pal Kin Phing Lee 12-23-96 7 Taste of India Singapore Chinese Cuisine 1745 Cope Avenue 1715-A Beam Avenue 96-12-151 APPROVAL OF 1997 OFF-SALE LIQUOR LICENSES RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off-Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1,1997, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: Todd Norman A-1 Liquor, Inc. 19 Century Avenue So. Arthur Mark Stein Laber's Liquors 1730 Rice Street Wendy Lauber Maplewood Wine Cellar 1281 Frost Avenue Gary Hanscom M.G.M. Liquors 2950 White Bear Avenue Marvin C. Koppen Party Time Liquor 1835 E. Larpenteur Ave. Gust R. Sarrack Sarrack's International Wine & Spirits 2305 Stillwater Road Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Allenspach. Carlson, Rossbach Nays -none Abstain - Councilmember Koppen G. PUBLIC HEARINGS 1. 7:00 P.M. (7:12 P.M.): Heartland Industries (Maplewood Drive, North of Highway 36) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to operate a backyard shed and garage sales business on the former MapleleafDrive-In property. b. Manager McGuire introduced the staff report. c. Associate Planner Ken Roberts presented the specifics of the report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Larry Stark, 4738 Westminster, the applicant 12-23-96 8 e. Mayor Bastian closed the public hearing. Conditional Use Permit f. Mayor Bastian introduced the following Resolution and moved its adoption: 96-12-152 CONDITIONAL USE PERMIT -YARD SHEDS AND GARAGES DISPLAY WHEREAS, Heartland Industries, Inc. applied for a conditional use permitto install a backyard shed and garage display and sales business on the former Mapleleaf Drive-in Theater property. WHEREAS, this permit applies to the following described property: LOT NUMBER 2 W.H. HOWARD=S GARDEN LOTS EXCEPT THE WESTERLY 221 FEET THEREOF AND EXCEPT THE SOUTHERLY 90 FEET THEREOF, ALL OF WHICH LIES WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF HIGHWAY NO. 61. WHEREAS, the history of this conditional use permit is as follows: 1. On September 3, 1996, the Plam~ing Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on December 23, 1996. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. 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 Plam~ing Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use 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 thatwould be dangerous, hazardous, detrimental, disturbing or cause anuisance 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. 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 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. 12-23-96 9 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. 4. If there is not enough parking, the operator or property owner shall provide more spaces. The City staff must approve a plan before paving begins. 5. The operator shall keep the lawn mowed on this site. 6. The number of sheds and garages shall not exceed the number shown on the site plan. 7. Provide a portable bathroom on site for customers and sales persons. 8. The conditional use permit granted on December 23, 1996 will expire on December 31, 2001. The Council hereby establishes a 5-year amortization period on this conditional use permit. Seconded by Councihnember Carlson Ayes - all In-Ground Lawn Irrigation Waiver g. Mayor Bastian moved to waive the in-ground lawn irrigation requirement, since the applicant has the alternative of using the neighbor's water from the lot north of this site. This waiver is conditioned upon getting written permission from this neighbor stating that they agree to provide water for lawn and plant watering. The applicant shall obtain this written agreement before any materials or sheds are placed or constructed on the property. Seconded by Councihnember Carlson Ayes - all Design Approval h. Mayor Bastian moved to approve the site plan date-stamped October 17,1996 for a backyard shed and garage sales business on the west side of Highway 61 on the old Mapleleaf Drive-In Theater property, subject to the applicant doing the following: 1) Complete the following items or provide cash escrow or an irrevocable letter of credit to the City to guarantee the completion of the following things before the first shed is placed or constructed on the site: a) Install a 24-foot-wide bituminous driveway and parking lot for four cars (one must be handicap-accessible as required by the ADABAmericans with Disabilities Act). This driveway shall follow the alignment of the southerly part of the existing gravel driveway. b) Provide parking lot striping including cross-hatching aneight- foot-wide handicap-parking access-aisle and installation of a handicap-parking sign. c) Install site security lighting. c[ Install the required landscaping. 2. omply with sign code requirements. 3. The Director of Community Development may approve minor changes. Seconded by Councihnember Carlson Ayes - all H. AWARD OF BIDS NONE 12-23-96 10 I. UNFINISHED BUSINESS 1. Ordinance Amending Chapter 16 of City Code -Solid Waste (Second Reading) a. Manager McGuire introduced the staff report b. Assistant City Manager Dawson presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following appeared: Michael Hinz, Gopher Disposal d. Councihnember Koppen moved to table this item for discussion at the Council/Manager Workshop on January 6 and then schedule for public hearing on January 13, 1997. Seconded by Councihnember Rossbach Ayes - Mayor Bastian, Councihnembers Allenspach, Koppen, Rossbach Nays - Councihnember Carlson 2. Revision of Procedures for Cancellation of Ambulance Bills a. Manager McGuire introduced the staff report b. Director of Finance Faust presented the specifics of the report c. Mayor Bastian moved to table this item for further discussion at the January 6,1997 Council/Manager Workshop. Seconded by Councihnember Rossbach Ayes - all 3. On-Sale Liquor License: New Manager -James L. Tulgren, Hideaway (Moved from Consent Agenda - F-7 -for discussion) a. Councihnember Rossbach moved to approve the liquor license application of James L. Tulgren as new manager of the Hideaway, 70 East County Road B, Maplewood. Seconded by Councihnember Koppen Ayes - Mayor Bastian, Councihnembers Koppen, Rossbach Nays - Councihnembers Allenspach, Carlson J. NEW BUSINESS 1. Recycling Contract a. Manager McGuire introduced the staff report b. Councihnember Carlson moved to approve the contract with Gopher Disposal for curbside recycling. Seconded by Councihnember Koppen Ayes - all 2. Utility Billing Budget a. Manager McGuire introduced the staff report b. Mayor Bastian moved to authorize the appropriate budget adjustments be made by the Finance Director and a budget be established for the Utility Billing Division, with Financing equally shared by the sewer, water and recycling funds. 12-23-96 11 Seconded by Councilmember Carlson Ayes - all 3. Sanitary Sewer Backup Policy a. Manager McGuire introduced the staff report b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson moved to authorize staff to implement the proposed Sanitary Sewer Back-Up Cleaning Policy, with the following change, as soon as possible: III. 2. In 1996 and 1997 a $1,500 limit is established for any one cleaning incident. This figure shall be revised annually by City Council. Seconded by Councilmember Koppen Ayes - all K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. Sign Ordinance a. Councilmember Koppen moved to invite representatives from the business community to attend the January Council/Manager Workshop on January 6,1997 to discuss the sign ordinance. Seconded by Mayor Bastian Ayes - all 2. Golf Dome a. Council held discussion regarding the article in the Maplewood Review aboutthe Golf Dome. 3. Mayor's Update a. Mayor Bastian announced that the Annual State of the City address will be on January 30 at the Maplewood Community Center, starting at 11:45, with presentations to begin at 12:15 P.M. M. ADMINISTRATIVE PRESENTATIONS 1. 40th Anniversary Update a. Assistant City Manager Dawson presented an update of the plans for the 40th Anniversary events. N. ADJOURNMENT 12-23-96 12 8:31 P.M. Karen Guilfoile, City Clerk 12-23-96 13