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HomeMy WebLinkAbout08-14-75 SMMINUTES OF THE MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, August 14, 1975 Council Chambers, Municipal Building Meeting No. 75 -27 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:30 P.M. by Mayor Bruton. B. ROLL CALL Robert T. Bruton, Mayor Present John C. Greavu, Councilman Present Donald J. Wiegert, Councilman Present Norman G. Anderson, Councilman Present Burton A. Murdock, Councilman Present C. APPROVAL OF AGENDA Mayor Bruton moved to approve the Agenda as amended: 1. Commissions 2. Trees 3. McDonald's Stop Signs 4. Claims Against the City Seconded by Councilman Murdock. Ayes - all. D. PUBLIC HEARINGS 1. Storm Sewer Improvement 73 -10 - White Bear and Gervais Avenues (Assessment) 7:30 P.M. a. Mayor Bruton convened the meeting for a public hearing regarding adoption of the assessment roll for Storm Sewer Project 73 -10 White Bear Avenue and Gervais Avenue. The Clerk read the notice of hearing along with the dates of publication. b. Director of Public Works Collier explained the specifics of the proposed assessment roll and how the rates were computed. The rates for this assessment are: Storm Sewer Rates - Commercial $.05 square foot It is recommended the assessment roll be accepted. c. Mayor Bruton explained the procedures of the assessment hearing. Application for deferment or adjustment are available and should be returned to City Hall by Tuesday, August 26, 1975. Council will review them September 11, 1975. d. Mayor Bruton called for proponents. None were heard. e. Mayor Bruton called for oponents. The following were heard: Mrs. Edward Smith, 1770 E. Gervais Avenue. f. Mayor Bruton closed the public hearing. - 1 - 3/14 g. Councilman Greavu introduced the following resolution and moved its adoption: (subject to corrections and adjustments) 75 - 8 - 150 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of storm sewers - White Bear Avenue and Gervais Avenue as described in the files of the City Clerk as Project No. 73 -10 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1976 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1975. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessment herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non- abutting properties which may be served by the improvement when one or more later extensions or improve- ments are made, but which are not herein assessed therefore, it is hereby de- clared to be the intention of the Council, as authorized by Minnesota Statutes Section 429,051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Murdock. Ayes - all. 2. Water Improvement Project No. 73 -20 (Assessments) 7:45 P.M. a. Mayor Bruton convened the meeting for a public hearing regarding adoption of assessment roll for Water Improvement No. 73 -20. The Clerk read the notice of hearing along with the dates of publication. - 2 - 8/14 b. Mayor Bruton explained the procedures of the assessment hearing. Applications for deferment or adjustment of the assessments are available and should be return- ed to City Hall by August 26, 1975. Council will review them September 11, 1975. c. Director of Public Works Collier presented the specifics of the proposed assess- ment roll and how the rates were computed. The rates for these assessments are: Mains - $9.50 per front foot 1" Service - $363.91 It is recommended that the assessment roll be adopted. d. Mayor Bruton called for proponents. None were heard. e. Mayor Bruton called for opponents. The following were heard: Mr. Frederick Aherns, Clarence Street (questioned the amount and footage). f. Mayor Bruton closed the public hearing. g. Councilman Wiegert introduced the following resolution and moved its adoption: (subject to corrections and adjustments) 75 -8 -151 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of water mains, service connections, appurtenances as described in the files of the City Clerk as Project No. 73 -20 and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein in- cluded is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1976 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1975. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting properties which - 3 - 8/14 may be served by the improvement when one or more later extensions or im- provements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes 429?.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assess- ment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Murdock. Ayes - all. Mayor Bruton moved to suspend the Rules of Procedures to hear Item E -1 Seconded by Councilman Anderson. Ayes - all. E. AWARDING OF BIDS 1. Insurance Health a. Manager Miller stated proposals were received for Group Health Insurance coverage on August 5, 1975. Coverages included: Hospital - Medical - Surgical and Major Medical, Life Insurance (various coverages) Long Term Disability and Dental coverage. The staff recommends as follows: 1. The hospital, medical, surgical, and major medical coverages and the $3,000 in basic life insurance (as provided in;the specifications) be awarded to Western Life for a total premium of $21.53 per employee and $68.43 /employee and dependents. 2. The quotation for Long Term Disability and other life insurance coverages not provided under (1.), above, be rejected. Staff is presently negot- iating providing life insurance coverages and will have a recommendation and final quotations available for the Council Thursday evening. Long Term Disability coverages would continue under our existing contract. 3. The quotation for dental insurance of $4;44 /employee and $11.18 /employee and dependents be accepted assuming enrollment standards for employee participation is achieved. b. Mayor Bruton Insurance Seconded by Councilman Anderson. c. Councilman Wiegert t as r the bid for not Seconded by Councilman Anderson. Ayes - all. the bids for Ayes - all. to Western Life our exis d. Councilman Wiegert moved to award the bid for Dental coverage to Western_ Life as recommended by staff. - 4 - 8/14 Seconded by Councilman Anderson. COUNCIL PRESENTATIONS 1. Commissions Ayes - all. Councilman Anderson questioned if there was any way to thank the City Commiss- ions for their endeavors such as a party, etc. No action taken. 2. Trees Councilman Greavu stated there were dead trees at 70 Mayhill Road. Is there any way to enforce residents to take care of such problems. Staff will investigate. D. PUBLIC HEARINGS (continued) 3. Storm Sewer Improvement 73 -10 - Brookview Drive (assessments) 8:15 P.M. a. Mayor Bruton convened the meeting for a public hearing regarding the adoption of the assessment roll for Storm Sewer Improvement No. 73 -10, Brookview Drive. The Clerk read the notice of hearing along with the dates of publication. b. Mayor Bruton explained the procedures of the assessment hearing. Applications for deferment or adjustment of the assessments are available and should be returned to City Hall by August 26, 1975. Council will review them on September 11, 1975. C. Director of Public Works Collier presented the specifics of the proposed assessment and how the rates were computed. The rates for the assessment are: Storm Sewer Rates: Residential - $0.025 square foot Commercial - $0.05 square foot It is recommended the assessment roll be adopted. d. Mayor Bruton called for proponents. None were heard. e. Mayor Bruton called for opponents. The following were heard: 1. Mr. Jack Nelson, 196 McClelland, Brookcrest Association Vice President; 2. Mr. Harold Hervig, Jr., 2647 Brookview Drive; 3. Mr. Warren Wallgren, 2646 Brookview Drive; 4. Mr. Bob Mock, 193 Brookview Court; 5. Mr. John Odell, 2604 Brookview Drive; 6. Mr. Jon Belisle, 2594 Brookview Drive; 7. Mr. David Arnold, 2579 Brookview Drive. f. Mayor Bruton closed the public hearing. g. Mayor Bruton moved to adopt assessment roll subject to corrections or adjust- ments. Seconded by Councilman Murdock. - 5 - 8/14 Mayor Bruton withdrew his motion. Councilman Murdock withdrew his second. h. Mayor Bruton moved to table decision on the Brookview Drive assessmi roll until the meeting of August 26 1975 and instructed staff to reviei records Dertainine to this nroiect_ Seconded by Councilman Wiegert. Ayes - all. 4. Street Improvement - Beebe Road (assessments). 8:45 P.M. a. Mayor Bruton convened the meeting for a public hearing regarding adopting the assessment roll for Beebe Road Street Improvement No. 61 -6. The Clerk read the notice of hearing along with the dates of publication. b. Mayor Bruton explained the procedures of the assessment hearing. Applications for adjustment or deferment are available and should be returned to City Hall no later than August 26, 1975. Council will review them on September 11, 1975. c. Director of Public Works Collier presented the specifics of the proposed assessment roll and how the rates were computed. The rates are as follows: Storm Sewer Residential Commercial Sanitary Sewer Mains 8" Service Water Main Mains 6" Service 8" Service Street $0.025 square foot 0.05 square foot $12.72 per front foot 391.14 each $ 9.50 per front foot $1005.72 each $1144.44 each $29.90 per front foot It is recommended the assessment roll be adopted. d. Mayor Bruton called for proponents. None were heard. e. Mayor Bruton called for opponents. The following were heard: 1. Paul C. Hufnagle, Phalen State Bank; 2. Helen Monson, 2135 E. Larpenteur Avenue; 3, Richard Fitch, 1689 Beebe Road. f. Mayor Bruton closed the public hearing. g. Councilman Wiegert introduced the following resolution and moved its adoption: Street Improvement (subject to corrections and adjustments) 75 - 8 - 152 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assess- ment for the construction of Beebe Road Street Improvement as described in the - 6 - 8/14 files of the City Clerk as Project 71 -6 and has amended such proposed assess- ment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nine (9) years, the first of the installments to be payable on or after the first Monday in January, 1976 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1975. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section <429.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assess- ment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Anderson. Ayes - all. h. Councilman Wiegert introduced the following resolution and moved its adoption: Sanitary Sewer, Water and Storm Sewer (subject to corrections and adjustments) 75 - 8 - 153 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Sanitary Sewer, Water, Storm Sewer- Beebe Road as described in the files of the City Clerk as Project No. 71 -6 and has amended such proposed assessment as it deems just, - 7 - 8/14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1976 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 31, 1975. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting pro- perties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 429.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilman Anderson. Ayes - all. 5. Street Improvement - Lydia Avenue (Assessments) 9:15 P.M. a. Mayor Bruton convened the meeting for a public hearing regarding adopting the assessment roll for Lydia Avenue Improvements No. 72 -17. The Clerk read the notice of hearing along with the dates of publication. b. Mayor Bruton explained the procedures of the assessment hearing. Applications for adjustment or deferment are available and should be returned to City Hall no later than August 26, 1975. Council will review them on September 11, 1975. c. Director of Public Works Collier presented the specifics of the proposed - 8 - 8/14 assessment roll and how the rates were computed. The rates are as follows: Storm Sewer Residential $0.02 per square foot Sanitary Sewer Mains 4" Service 6" Service Water Mains 1" Service 1?" Service Street Abutting Lydia Avenue Not Abutting Lydia Avenue Driveways $6.61 per front foot $1365.82 each $2391.40 each $9.50 per front foot $324.90 each $579.33 each $0.30 per square foot $0.075 per square foot $400.37 each It is recommended that the assessment roll be adopted. d. Mayor Bruton called for proponents. None were heard. e. Mayor Bruton called for opponents. The following were heard: 1. Mr. Ken Tilsen, Attorney representing Mr. Robert Tilsen 2. Mr. Harry E. Cassidy, 2310 Gall Avenue 3. Mr. Anthony Abramowicz, 2379 Standridge Avenue 4. Mrs. Dietz, 2300 Gall Avenue 5. Mr. Paul Kyyhkynan, Attorney representing Mr. H. E. Cassidy 6. Mr. Owen Greenley, 2443 Standridge Avenue f. Mayor Bruton closed the public hearing. g. Councilman Greavu moved to table decision until August 26 1975. Seconded by Councilman Anderson. Ayes- Councilmen Anderson and Greavu. Nays - Mayor Bruton, Councilmen Murdock and Wiegert. Motion defeated. h. Councilman Murdock introduced the following re its adoption: Streets and Driveways (Subject to c tments 75 - 8 - 154 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Lydia Avenue Streets and Driveways as described in the files of the City Clerk as Project No. 72 - 17 and has amended such proposed assessment as it deems just, - 9 - 8/14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nine (9) years, the first of the installments to be payable on or after the first Monday in January, 1976 and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1975. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting pro- perties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 429.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension of improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be entended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Mayor Bruton. Motion carried. i. Councilman Murdock in adoption: Sanitary Sewer the Ayes - Mayor Bruton, Councilmen Anderson, Murdock and Wiegert, Nays - Councilman Greavu, Sewer (Subiect to 75- 8 - 155 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Lydia Avenue Sanitary Sewer, eater and Storm Sewer as described in the files of the City Clerk as - 10 - 8/14 Project No. 72 - 17 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nineteen (19) years, the first of the installments to be payable on or after the first Monday in January, 1976 and shall bear interest at the rate of seven(7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1975. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non - abutting pro- perties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 429.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Mayor Bruton. Ayes - Mayor Bruton, Councilmen Anderson, Murdock and Wiegert. Nays - Councilman Greavu. Motion carried. F. COUNCIL PRESENTATIONS (Continued) 3, McDonald Stop Signs Councilman Murdock moved to authorize staff to put two stop signs at the exists to Cope Avenue by the McDonald Restaurant. Seconded by Councilman Greavu. Ayes - all. - 11 - 8/14 4. Claims Against the City Councilman Wiegert questioned what procedures staff takes after a claim is filed against the City. Manager Miller answered the questions. G. ADMINISTRATIVE PRESENTATIONS 1. Reports a. Barkdoll Lawsuit 1. Manager Miller presented the staff report. 2. City Attorney John Bannigan reported on the lawsuit filed by the Barkdolls. 3, Councilman Murdock moved that for the reasons given in the staff report, the City Attorney represent the Councilmen (listed in the lawsuit) in the lawsuit filed by the Barkdolls. , Seconded by Councilman Anderson. Motion carried. 11:28 P.M. City Clerk Ayes - Mayor Bruton, Councilmen Anderson and Murdock, Councilmen Greavu and Wiegert abstained. - 12 - 8/14