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HomeMy WebLinkAbout02-12-2001MINUTES MAPLEWOOD CITY COUNCIL _ 7:00 P.M., Monday, February 12, 2001 Council Chambers, Municipal Building Meeting No. 02-04 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 Keimeth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present D. APPROVAL OF MINUTES: Councihnember Allenspach moved to approve the minutes of Meeting No 01-02 (January 22 2001 as presented. Seconded by Councilmember Koppen Ayes -all Councihnember Allenspach moved to approve the minutes of Council/Manager Worksho~(Januarv 22, 2001) as corrected: Con-ect the minutes to read that adjoununent was at 6:45 p.m. Seconded by Councilmember Collins Ayes -all E. APPROVAL OF AGENDA: Councilmember Wasiluk moved to approve the Agenda as amended: M1. Partnership Update M2. NEST Seconded by Councilmember Koppen Ayes -all 2-12-01 1 F. APPOINTMENTS/PRESENTATIONS: 1. Ramsey County Attorney -Susan Gaertner City Manager Richard Fursman said that Ramsey County Attorney Susan Gaertner would not be able to be at the meeting unti17:30 p.m. and asked that her presentation be postponed until that time. G. CONSENT AGENDA: Councilmember Koppers moved to approve the Consent A$enda as presented. Seconded by Councilmember Allenspach Ayes -all 1. Approval of Claims Approved claims. ACCOUNTS PAYABLE: $1,248.00 Checks #52930 dated 1/17/01 $416,516.22 Checks #52931 thru #52995 dated 1/19 thru 1/23/01 $171,775.08 Disbursements via debits to checking account dated 1/17 thru 1/22/01 $356.25 Checks #52996 thru #52997 dated 1/22 thru 1/24/00 $124,307.39 Checks #52998 thru #53064 dated 1/30/01 $89,357.71 Disbursements via debits to checking account dated 1/23 tlrru 1/29/01 $115,020.65 Checks #53065 thru #53071 dated 1/30 thm 2/1/01 $90,945.27 Checks #53072thru #53132 dated 2/6/01 $1,707,606.37 Disbursements via debits to checking account dated 1/30 thru 2/5/01 $2,717,132.94 Total Accounts Payable PAYROLL: $461,610.28 Payroll Checks and Direct Deposits dated 1/19/01 $34,352.00 Payroll Deduction check #82443 thru #82448 dated 1/19/01 $350,444.86 Payroll Checks and Direct Deposits dated 2/2/01 $45,968.17 Payroll Deduction check #82642 tlrru #82649 dated 2/2/01 $892,375.31 Total Payroll $3,609,508.25 GRAND TOTAL 2. Annual Leave Policy Approved a new benefit entitled Annual Leave which would replace vacation and sick leave for all regular non-union employees and all employees covered by a collective bargaining agreement. 2-12-01 2 3. Proposed Settlement - AFSCME Clerical/Technical & Maintenance - 2001/2002 Approved the two-year negotiated labor agreement between the City and A.F.S.C.M.E. Local 2725. 4. Proposed Settlement -Metro Supervisory Association - 2001/2002 Approved the two-year negotiated contract settlement between the City and the Metro Supervisory Association. 5. Proposed Settlement -LELS Local #153 - 2001/2002 Approved the two-year negotiated contract settlement between the City and LELS Local #153 representing the police officers. 6. Non-Union Wages and Benefits - 2001/2002 Approved changes to wages and benefits for the regular non-union employees. 7. Persomnel Policies -Revisions Approved changes to the Personnel Policies, primarily to incorporate amoral leave. 8. Beth Heights Fifth Addition Final Plat (Beth Court, West of Ferndale Street) Approved the Beth Heights Fifth Addition final plat subject to the coLmty recording the deed restrictions and covenants required by the city. 9. Conditional Use Permit Review -North Saint Paul Post Office Annex (1686 Gervais Avenue) Reviewed the conditional use permit for the North Saint Paul Post Office Annex, 1686 Gervais Avenue and will review again in one year. 10. Conditional Use Permit Review -Maplewood Retail Center (2303 White Bear Avenue) Reviewed the conditional use permit for the Maplewood Retail Center, 2303 White Bear Avenue, and will review again in one year. 11. Woodlyin Heights Townhomes #7 Preliminary Plat Time Extension (Woodly~n Avenue) Approved aone-year time-extension for the Woodlynn Heights Towrrhomes Number Seven preliminary plat subject to the February 14, 2000 conditions of approval. 12. Conditional Use Permit Review -Woodland Hills Church (1740 Van Dyke Street and 1847 Larpenteur Avenue) Reviewed the conditional use permit for Woodland Hills Church, 1740 Van Dyke Street acid 1847 Larpenteur Avenue, and will review again in one year. 2-12-01 3 13. Approve AT&T Wireless Site Lease Agreement Approved the lease agreement between AT&T Wireless Services and St. Paul Regional Water Services to locate six panel antennas on the facade of the Stillwater Road Water Tower in addition to an equipment shelter located in the interior of the water tower. 14. Surplus Property Disposal -Public Works Approved as surplus property a Roland Camm 1 Desktop Signmaker, to be disposed at State auction. This equipment has been replaced and is no longer of any use in the Public Works Department. 15. Budget Adjustments -Police & Fire Deparhnents Authorized the Finance Director to make the appropriate budget adjustments for the donations received from the following: $10,000 from Newman Mechanical to the Fire Department for equipment. $10,000 from Newman Mechanical to the Police Department for equipment. $3,000 from Counhyside Motors to the Police Department for equipment. 16. Agreement to Provide Emergency Management Services to the City of Landfall Approved the agreement to provide Emergency Management Services for the City of Landfall for the period covering 1/1/2001 tlurough 12/31/03. 17. Transfers from Tax Increment Funds Authorized the appropriate 2000 budget adjustments and 2000 transfers totaling $288,200 from the Tax hncrement Funds to the Debt Service Funds. 18. Carey Over of 2000 Appropriations to 2001 Authorized the cany over from 2000 to 2001 of unspent monies for specific purposes, which involves reductions in the 2000 Budget and corresponding increases in the 2001 Budget. H. PUBLIC HEARINGS: 1. 7:00 P.M. (7:10 P.M.) Tilsen South Neighborhood Streets, Project 00-04 (4 votes) A. Order Improvement After Public Hearing B. Approve Joint Powers Agreement with North St. Paul a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant City Engineer Cavett presented the specifics of the report. 2-12-01 4 d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Theodore Swanson, 2204 Maple Lane, Maplewood Jack Frost, 2324 Maple Lane, Maplewood Joshua Betts, 2134 Mapleview Avenue, Maplewood G. W. Anderson, 2231 Mapleview Avenue, Maplewood Todd Swenson, 2217 Maple Lane, Maplewood Bill LaPlante, 2205 Mapleview Avenue, Maplewood Vahey Tateosian, 2995 Bartelmy Lane, Maplewood Gary Havran, 2365 Maple Lane, Maplewood Bruce Feny, 2308 Standridge Avenue, Maplewood Jack Yorkovich, 2225 Radatz Avenue, Maplewood Peter Fischer, 2443 Standridge Avenue, Maplewood Jim Jirele, 2182 Maple Lane, Maplewood Jolm Biwersi, 2938 Mary Street, Maplewood e. Mayor Cardinal closed the public hearing. Councihnember Koppen moved to adopt the following resohrtion ordering the Tilsen South Neighborhood Street Improvements. Citti Project 00-04: RESOLUTION O1-02-012 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 22 day of January, 2001, fixed a date for a council hearing on the Tilsen South Neighborhood Street Improvements, City Project 00-04, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on Febn~ary 12, 2001, and the council has heard all persons desiring to be heard on the matter and has fiIlly considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements on the Tilsen South Neighborhood Sheets, City Project 00-04. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 12 day of February, 2001. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the finuicial transfers necessary to implement the financing plan for the project. A project budget of $1,846,000 shall be established. The proposed finurcing plans is as follows: 2-12-01 Assessments (Maplewood) $777,000 General tax levy (Maplewood) $671,000 Sewer Utility fiend (Maplewood) $43,000 North St Paul obligation 355 000 $1,846,000 Seconded by Councilmember Collins Ayes -all Councilmember Koppen moved to approve the joint powers aereement between the cities of Maplewood and North St. Paul to reconstruct the water main and streets on a portion of the Tilsen South Neighborhood Street Improvements, Citv Project 00-04. Seconded by Councilmember Wasiluk Ayes -all Mayor Cardinal said that Susan Gaertner, Ramsey County Attorney, had arrived and asked her to come forward to address the council. 2. 7:15 P.M. (8:10 P.M.) Conditional Use Permit -Lot Division (1101 County Road C) (Callahan) a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Dale Trippler presented the Plaiming Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Donald Callahan, 975 County Road C, Maplewood, the Applicant Pete Boulay, 1100 E. County Road C, Maplewood Don Christianson, Jr, 1111 E. County Road C, Maplewood £ Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for the property at 1101 County Road C for Donald Callahan: RESOLUTION O1-02-013 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Donald Callahan applied for a conditional use perniit to divide a 140-foot-wide lot into two 70-foot-wide lots in the R-1 zoning district. 2-12-O1 6 WHEREAS, this permit applies to the property at 1101 County Road C. The legal description is: The Westerly 140 feet of the Easterly 280 feet of the West %2 of the SW 1/4 of the SE 1/4, Section 4, Township 29, Range 22, Maplewood, Ramsey County. (PIN 04-29-22-43- 0005) WHEREAS, the history of this conditional use permit is as follows: 1. On January 17, 2001, the plamiing commission recommended that the city council approve the conditional use permit for the proposal. 2. The city council held a public hearing on February 12, 2001. 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 planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 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 systerns, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would rnaximize 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. 2-12-O1 7 Approval is subject to the following conditions: 1. All construction shall follow site plans approved by the city. The director of community development may approve minor changes. The site plans shall meet the following conditions: a. The front setback for each house shall be 25 feet. b. The rear of each house shall not be more than 70 feet from the front property line. c. There shall be at least 20 feet of side yards for each house - at least 10 feet on each side. 2. The proposed constriction 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 applicant or building contractor shall provide a grading, drainage and erosion control plan with each building permit application. These plans shall show: a. The proposed house pad and the proposed building pad elevation and contour information for each lot. The house pads shall be such that minimize the grading on the lots so the builder can save as many of the existing trees on each lot as possible. b. Contour information for all the land that the construction will disturb. This shall include the existing and proposed drainage patterns with elevations and contours for each lot. a The wetland acrd the wetland buffer area bevlg outside the grading limits. d. All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. e. All retaining walls on the plans. Any new retaining walls taller than 4 feet require a building permit from the city. f No grading beyond the property boundaries without ternporary grading easements from the affected property owner(s). The city engineer must approve these plans before the city will issue a building pernrit. 4. The applicant or building contractor providing the city a tree plan that: a. Shall be approved by the city engineer before building demolition or removal, site grading or final lot split approval. b. Shows where the developer or builder will remove, save or replace large trees. 2-12-01 g c. Shows no tree removal beyond the approved grading and tree limits. d. Shows the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 %2) inches in diameter and shall be a mix of red and white oaks, ash, lindens and sugar maples. The coniferous trees shall be a mix of Austrian pine and other species. 5. Before the city approves and stamps the lot division deeds, the applicant or owner shall complete the following: a. Remove or demolish the existing house and garage from the property according to all applicable state demolition ordinances. This is to ensure the owner or contractor properly disposes all demolition debris in a licensed demolition landfill. b. Record a wetland buffer and drainage easement over all the property that is north of the wetland buffer easement line shown on the survey on page 18 of this staff report. c. Provide city staff with a screening plan for each lot. This plan is to show how the applicant will meet the code requirement that the new houses be at least eighty (80) percent screened from view from at least eighty (80) percent of the shoreline of the lake during the summer. d. Prepare and record covenants with each lot that requires the property owners to keep the required screening on each lot. e. histall one permanent wetland buffer sign per lot. These signs shall be around the edge of the wetland buffer easement. These signs shall mark the edge of the easement and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. £ Install survey monuments along the wetland boundary. 6. The city council shall review this permit in one year. Seconded by Councilmember Allenspach Ayes -all 3. 7:30 P.M. (8:50 P.M.) Rice/Roselawn Auto Sales (1908 Rice Street) A. Conditional Use Permit B. Setback Variance a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. 2-12-01 9 c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Dale Trippler presented the Plaiming Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. No one came forward. £ Mayor Cardinal closed the public hearing. Councilmember Allenspach moved to den,} the proposed five-foot parking lot setback variance from the easl~roperty line since the proposed variance does not meet the followine findings required by state law: Strict enforcement of the code would not cause undue hardship because of circumstances unique to the property. The applicant could have met the setback requirements without any hindrance by site characteristics. 2. The variance would not be in keeping with the spirit and intent of the ordinance. The ordinance requires parking lot setbacks to provide room for snow storage and so not to crowd adjacent properties. Seconded by Councilmember Koppen Ayes -all Councilmember Allenspach moved to deny a conditional use permit for used car sales at 1908 Rice Street for the following reasons: 1. Want to see a revised site plan including: a. trash enclosure b. drainage c. handicapped parking Seconded by Councilmember Koppen Ayes -all L A~~VARD OF BIDS None J. UNFINISHED BUSINESS None K. NEy~ BUSINESS 1. Lake Links Trail Master Network Plan a. City Manager Fursman introduced the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report. 2-12-01 10 Councilmember Collins moved to adopt the following resolution supporting the Lake Links Trail Network Master Plan: RESOLUTION Oi-02-014 - RESOLUTION SUPPORTING THE LAKE LINKS TRAIL MASTER PLAN WHEREAS, the Maplewood City Council has reviewed the Lake Links Trail Network master plan prepared by Brauer and Associates, Ltd. and; WHEREAS, the Lake Links Trail master plan is in conformance with the city's comprehensive park plan and; WHEREAS, the Lake Links Trail master plan has been reviewed and approved by the Maplewood Parks and Recreation Commission and Maplewood Planning Commission and; WHEREAS, the City of Maplewood recognizes the importance of regional trail con-idors. NOW, THEREFORE, be it resolved that the City of Maplewood supports the Lake Linlcs Trail network master plan and will work collaboratively with other local cities, townships, and counties toward implementation of the plan with the understanding that the options for each trail corridor defined in the master plan are subject to local review and refnement as part of the implementation process. BE IT FURTHER RESOLVED that the City of Maplewood recommends that County Road D be proposed as an alternate route for the hail con-idor should it be determined by the City Council and open space technical advisory task force that it would be detrimental to utilize the Woodlymi Avenue and County Road D open space property for a trail corridor. Seconded by Councilmember Koppen Ayes -all 2. Change Order #1, Bartelmy Acres Neighborhood Streets, Project 99-13 a. City Manager Fursman introduced the staff report. b. Assistant City Engineer Cavett presented the specifics of the report. Councilmember Koppen moved to adopt the following resolution and change order increasing the constniction contract in the amount of $33.637.40 for Bartelmy Acres Improvements. Project 99-13: RESOLUTION O1-02-015 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Miinesota has heretofore ordered made Improvement Project 99-13, Bartelmy Acres Improvements, and has let a construction conhact pursuant to Mimresota Statutes, Chapter 429, and 2-12-O1 11 ' , it is now necessary and expedient that said contract be modified and s lnprovement Project 99-13 Change Order 1. :E, 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 1 in the amount of $33,637.40. The revised contract amount is $421,154.25. 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 $33,637.40. Seconded by Councilmember Wasiluk Ayes -all 3. Ordinance Amendment -Compensation for Elected Officials a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Collins moved to approve the first reading of an ordinance amending the Maplewood Code pertaining to compensation for elected officials: ORDINANCE NO. 810 AN ORDINANCE AMENDING THE MAPLEWOOD CODE PERTAINING TO COMPENSATION FOR ELECTED OFFICIALS Section 1. Section 2-23 is hereby amended as follows: Section 2-23 Compensation. Pursuant to Section 415.11 of Minnesota Statutes, the salary of the Mayor in the year 2000 was Ten Thousand Twenty Three Dollars ($10,023) per year payable in bi-weekly installments,"and the salary of each member of the Council in the year 2000 was Eight Thousand Eight Hundred Twenty One Dollars ($8,821) per year payable in bi-weekly installments. Hereafter, the Mayor's salary and the salary of each Councilmember shall be adjusted bi-amrually based on the change in the cost of living over that two year period. Starting in 2002, and in every even numbered year after, the cost of living hdex published by the Department of Labor shall be used for the prior two years to establish adjusted salaries for the Mayor and Councilpersons. Such adjustments become effective on the first day of January and bi-annually Hereafter. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Koppen Ayes -all 4. Grocery Store llspections a. City Manager Fursman introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. 2-12-01 12 Coruicihnember Koppen moved to notify the Department of Agriculture that the city will be discontinuing_grocery store licensine and inspections at the end of this year 2001. Seconded by Councilmember Wasiluk Ayes -all L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Partnership Update -Councilmember Wasiluk handed out a sheet reviewing what the partnership has done in the last year. 2. NEST -Councilmember Koppen said that at the NEST Commission meeting this past week they worked on coming up with new posters to promote NEST and that Councilmember Wasiluk was elected the new Chair. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT - Councilmember Allenspach moved to adjourn the meeting at 9:20 P.M. Seconded by Councilmember Wasiluk Ayes -all Karen E. Guilfoile, City Clerk 2-12-01 13