HomeMy WebLinkAbout01-10-2005A.
B.
AP
W
E.
F.
MINUTES
MAPLEWOOD CITY COUNCIL
7:05 P.M. Monday, January 10, 2005
Council Chambers, City Hall
Meeting No. 05-01
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to
order at 7:05 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the Council/Manager Workshop, December 13, 2004
Councilmember Juenemann moved to approve the minutes from the December 13, 2004 City
Council/Manager workshop as presented.
Seconded by CouncilmemberMonahan-Junek Ayes -All
2. Minutes from City Council Meeting -December 13, 2004
Councilmember Monahan-Junek moved to approve the minutes from the December 13, 2004 as
presented.
Seconded by CouncilmemberKoppen Ayes -All
APPROVAL OF AGENDA
M1. South Leg Meeting
M2. Municipal Legislative Commission
Councilmember Koppen moved to approve the agenda as amended.
Seconded by CouncilmemberMonahan-Junek Ayes -All
APPOINTMENTS/PRE SENTATIONS
1. Gladstone Redevelopment Study Task Force Appointments
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
City Council 01-10-05
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January 6, 2005
Dear Customer:
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As you may know, during the fourth week of November, we had a water quality incident
that affected a number of our Maplewood customers in an area bounded approximately
by Larpenteur Ave. and Conway St. from north to south, and McKnight Rd. and Century
Ave. from west to east.
To recount briefly, during the weekend of Nov. 20-21, we began receiving calls from
residents about chloi�ne and petrolUU11-like odors iii their tap water. Because of the
location of the complaints, we began to suspect that the source of the problem was the
Ferndale water tank located on Stillwater Avenue, which was put into service on Friday,
Nov. 19, after being out of service for painting for the preceding six months.
During the days that followed, we took measures to verify and isolate the source of the
odors, remove the affected water from the system, have water samples analyzed, and
notify customers and the media of the situation as it developed.
The first round of samples taken on Monday, Nov. 22, indicated trace amounts of seven
compounds that we believed to be causing the petroleum odor. The second round of
samples, taken Tuesday, Nov. 23, after flushing of the system, showed greatly reduced
levels or an absence of the seven compounds.
It is important to note that, at no time, was there a health risk to consumers. The
concentrations that were found were so diluted that they were substantially below the
maximums established by both federal and state regulations. We asked residents not to
drink the water just to be absolutely on the safe side.
Initial diagnostics indicate that the compounds in the water samples analyzed by the
Health Department originated from the painting system used in the interior of the tank.
The water was tested prior to placing it in service, but presence of the odor -causing
compounds was not indicated by those tests. The water tank has been taken out of service
and will remain out of service until the problem with the painting system has been
corrected. We anticipate that this will occur sometime this spring.
On behalf of the Saint Paul Regional Water Services, I want to apologize sincerely for
any inconvenience this incident may have caused you—not only by the undesirable water
quality but also by the interruptions in water service created by our flushing of the
system. Many of our employees worked very hard to, first, address the water quality
problem and, second, notify residents as quickly as possible. We know that this did not
go perfectly—that some of you, for example, did not get notified—but we are taking this
opportunity to learn from this incident to help us improve the process.
We would also like to remunerate you for any water losses you may have suffered by
flushing out the water in your residence or building. Just to provide perspective on the
amount of water you may have used for flushing and the costs you might have incurred:
The average water heater holds about 50 gallons, and the maximum amount of water you
can use with any type of faucet in running your cold water for 15 minutes is 42 gallons.
One unit of water consumption equals 748 gallons of water; the cost to Maplewood
residents for both water and sewer for one unit is $3.50. If you would like to receive a
credit of $5.00 on your account, just call customer service at 651-266-6350.
Again, we apologize for the difficulties this incident may have caused you. But I hope
this letter provides a bit more understanding of the events that created it, as well as our
efforts to address the problem.
Sincerely,
Steve Schneider
General Manager
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C. The following persons were heard:
Adeline Benjamin, Co -Owner of the Maplewood Bowl, Maplewood
Al Olson, Owner of Al's Auto Service, Maplewood
Kim Schmidt, 1800 Phalen Place, Maplewood
Councilmember Koppen moved to appoint the following individuals to the Gladstone Redevelopment
Task Force -
Business Appointments:
Dan Fisher (Moose Lodge)
Larry Johnson (Maplewood Marine)
Rich Horwath (Rich's Market)
Alternates:
Betty Schultz (Maplewood Bakery)
Del Benjamin (Maplewood Bowl)
Residential Appointments:
Jan Steiner -McGovern (1876 East Shore Dr.)
Al Galbraith (1770 Edward Street)
Joy Tkacheck (1088 Gordon)
Alternates:
Charlie Godbout (Metro Funeral Home)
Al Olson (Al's Auto)
David Gageby (Old Oak Furniture Store)
Wayne Sachi (1100 Frost Avenue)
Erica Donner (1115 Gordon Avenue)
Kim Schmidt (1800 Phalen Place) Christopher Hampl (1120 Gordon Avenue)
Roxanne Opse (1217 Frisbee Avenue) Sue Broin (1221 Ripley)
Darlene Benedict (1754 Frank Street)
Seconded by Councilmember Juenemann Ayes -All
2. St. Paul Regional Water Services — Report on the Ferndale Tank Contamination and Update on
Notification Procedures
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
C. The following persons were heard:
Dave Schuler, Chief Engineer, St. Paul Water Utility
Steve Schneider, General Manager, St. Paul Water Utility
No Action Required
CONSENT AGENDA
City Council 01-10-05
Councilmember Juenemann moved to adopt consent agenda items 1-13 as presented.
Seconded by Councilmember Koppen Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE
$
125,000.00
Checks # 65646
dated 12/08/04
$
637,440.70
Checks # 65647 thru # 65767
dated 12/14/04
$
260,818.61
Disbursements via debits to checking account
dated 12-03-04 thru 12-09-04
$
22,900.00
Checks # 65768
dated 12/15/04
$
685,038.99
Checks # 65769 thru #65835
dated 12/21/04
$
126,825.95
Disbursements via debits to checking account
dated 12/10/04 thru 12/16/04
$
164,365.62
Checks # 65836 thru # 65881
dated 12/28/04
$
280,088.74
Disbursements via debits to checking account
dated 12/17/04 thru 12/22/04
$
128,132.43
Checks # 2029 and # 65882
dated 12/28/04 thru 12/30/04
$
647,636.55
Checks # 65883 thru # 65925
dated 01/04/05
$
43,189.20
Disbursements via debits to checking account
dated 12/23/04 thru 12/29/04
$
Total Accounts Payable
3,121,436.79
PAYROLL
Payroll Checks and Direct Deposits dated 12-
$ 122,080.00 10-04
City Council 01-10-05 3
Payroll Checks and Direct Deposits dated
$ 425,673.63 12/17/04
$ 4,088.87 Payroll Deduction check # 99901 thru # 99904
dated 12/17/04
Payroll Checks and Direct Deposits dated
$ 415,752.40 12/30/04
Payroll Deduction check #
$ 150.00 100044
dated 12/30/04
$ 967,744.90 Total Payroll
$ 4,089,181.69 GRAND TOTAL
2. Final Plat — Olivia Gardens (Olivia Court and Stillwater Road)
Approved the final plat for Olivia Gardens date-stamped December 23, 2004. This approval is
subject to the county recording the deeds, deed restrictions and covenants required by the city
and the developer meeting all the conditions of the city engineer.
3. Conditional Use Permit Review - Carefree Cottages Villas (Phase IV) (Gervais Avenue)
Approved to review the Conditional Use Permit for Carefree Cottages Villas again in one year or
sooner if the owner proposes a major change to the site.
4. Increase in Building Inspection Fees (Second Reading)
Approved the following second reading of the ordinance increasing building, mechanical,
plumbing and electrical fees:
ORDINANCE 855
BUILDING CONSTRUCTION
Permit Fees
Article 11 Building Code Sections 12-37, 12-38 & 12-39 of the Building Code of the City of Maplewood is
hereby amended as follows:
Building Permit Fee:
Permit fee to be based on job cost valuation. The determination of value or valuation shall be made by the
building official. The value to be used in computing the building permit and building plan review fees shall be
the total of all construction work for which the permit is issued, as well as all finish work, painting, roofing,
electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent
equipment.
TOTAL VALUATION
$1.00 to $500.00 $25.00
FEE
City Council 01-10-05 4
$501.00 to
$2,001.00 to
$25,001.00 to
$50,001.00 to
$100,001.00 to
$2,000.00
$25,000.00
$50,000.00
$100,000.00
$500,000.00
$500,001.00 to $1,000,000.00
$1,000,001.00 and up
$25.00 for the first $500.00 plus $3.25 for each additional $100.00, or
fraction thereof, to and including $2,000.00
$73.75 for the first $2,000.00 plus $14.75 for each additional
$1,000.00, or fraction thereof, to and including $25,000.00
$413.00 for the first $25,000.00 plus $10.75 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00
$681.75 for the first $50,000.00 plus $7.50 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
$1056.75 for the first $100,000.00 plus $6.00 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00
$3,456.75 for the first $500,000.00 plus $5.00 for each additional
$1,000.00, or fraction thereof, to and including $1,000,000.00
$5,956.75 for the first $1,000,000.00 plus $4.00 for each additional
$1,000.00, or fraction thereof
Other Inspections and Fees: Per Hour
1. Inspections outside of normal business hours (minimum charge) $75.00
2. Reinspection fees assessed under provisions of the MN State Building Codes $50.00
3. Inspections for which no fee is specifically indicated (minimum charge — one-half hour) $50.00
4. For use of outside consultants for plan checking, inspections and similar costs Actual costs'
'Actual costs include administrative and overhead costs.
Investigation Fee: Work without a Permit:
Whenever any work for which a permit is required from the city has been commenced without first obtaining
said permit, a special investigation shall be made before a permit may be issued for such work. An
investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or
subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this
code. The payment of such investigation fee shall not exempt any person from compliance with all other
provisions of this code nor from any penalty prescribed by law.
Plan Review Fee:
• When a building permit is required and a plan is required to be submitted, a plan review fee shall be paid.
Plan review fees for all buildings shall be sixty five percent (65%) of the building permit fee, except as
modified in M.S.B.C. Section 1300.
• The plan review fees specified are separate fees from the permit fees specified and are in addition to the
permit fees.
• When submittal documents are incomplete or changed so as to require additional plan review or when the
project involves deferred submittal items an additional plan review fee shall be charged at the above rate.
• Expiration of plan review. Applications for which no permit is issued within 180 days following the date of
application shall expire by limitation, and plans and other data submitted for review may thereafter be returned
to the applicant or destroyed by the building official. The building official may extend the time for action by
the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances
beyond the control of the applicant have prevented action from being taken. No application shall be extended
more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans
and pay a new plan review fee.
Refund Fee:
City Council 01-10-05
• The building official may authorize refunding of any fee paid hereunder which was erroneously paid or
collected.
• The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work
has been done under a permit issued in accordance with this code.
• The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an
application for a permit for which a plan review fee has paid is withdrawn or canceled before any plan review
is done.
• The building official shall not authorize refunding of any fee paid except on written application filed by the
original permittee not later than 180 days after the date of fee payment.
5. Purchase of Single -Axle Plow Trucks
Approved to enter into a contract with Boyer Ford, under State Contract #433621, for the
purchase of two 2005 Sterling L-8500 truck chassis for $120,978.00 and disposal of the 1991
Ford trucks at state auction.
6. TH 61 Improvements, City Project 03-07 — Resolution Approving Joint Powers
Agreement with MnDOT and Ramsey County for Signal Maintenance
Adopted the following resolution approving the Signal Maintenance Agreement for the Trunk
Highway 61 Improvement Project at County Road D, City Project 03-07 and authorized the
Mayor and City Manager to execute said agreement.
RESOLUTION 05-01-003
BE IT RESOLVED that the County of Ramsey enter into an agreement with the State of
Minnesota, Department of Transportation for the following purposes, to wit:
To provide Maintenance and Electrical Energy for the new Traffic Control Signal with Street
Lights, Emergency Vehicle Per-emption, and Signing at the intersection of T.H. 61 at County
Road D, in accordance with the terms and conditions set forth and contained in Agreement
No. 87408M, a copy of which was before the Board.
BE IT FURTHER RESOLVED that the proper County officers be and hereby are authorized to
execute such agreement and any amendments, and thereby assume for and on behalf of the County all of
the contractual obligations contained therein.
7. Item Pulled
8. Carver Elementary PTO -Fee Waiver for Carnival, Food and Gambling Permits
Adopted the following resolution approving a temporary Gambling Resolution and permit fee
waivers for Caver Elementary PTO.
RESOLUTION 05-01-001
City Council 01-10-05
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for Carver Elementary PTO, 2680 Upper Afton Road.
Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness
of application for said permit as governed by Minnesota Statute §349.213.
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 Minnesota Statute §349.213.
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.
9. 2005 Animal Control Contract
Accepted the 2005 contract from Animal Control Services, Inc.
10. Legacy Village Park Change Order 2
Approved change order 2 in the amount of $505 with the understanding that the monies be
allocated and charged to the Legacy Village Park availability fund.
11. Protective Rooftop Netting System
Awarded the low bid of $28,980 to Protective Sports Concepts to construct the protective
rooftop netting system at Afton Heights Park with the monies to be allocated from the Afton
Heights Park development fund.
12. 2004 IT Budget Increase
Approved the appropriate budget adjustment for 2004 by moving $129,900 from the IT Fund
reserves.
13. Temporary Seasonal Resolution
Approved the 2005 Pay Rates for Temporary/Seasonal, Causal Part-time and Paid -Per -Call
Employees.
City Council 01-10-05
H. PUBLIC HEARINGS
1. 7:00 p.m. Trout Land Final Plat
Item pulled due to incorrect notice published.
L AWARD OF BIDS
1. Bid for City Publication
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Monahan-Junek moved to accept the bid of $45,999.00 from Nystrom Publishing
Company, Inc. for the printingof f Maplewood News and various Parks and Recreation Publications.
Seconded by Councilmember Juenemann Ayes -All
J. UNFINISHED BUSINESS
1. Edward Kivel Sewer Backup Claim at 1880 Maryknoll — Consider Settlement Offer
a. City Manager Fursman presented the staff report.
b. City Engineer Ah presented specifics from the report.
Councilmember Koppen moved to approve the settlement offer of $5,500 to Edward Kivel located at
1880 Maryknoll Drive with the settlement to be paid from the Sanitary Sewer Fund.
Seconded by Councilmember Juenemann Ayes -All
K. NEW BUSINESS
1. 2005 Council Appointments
Mayor Cardinal read the "Rules of Civility ".
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
Mayor Cardinal moved to adopt the following council appointments for 2005:
Appointment 2005 Appointment
City Attorney Patrick J. Kelly
Kelly & Fawcett
Current Rates: $80/hr - civil
$95/hr - litigation
City Council 01-10-05 8
Prosecuting Attorney Patrick J. Kelly
Kelly & Fawcett
Current Rates: $9,825/monthly retainer
$ 500/month cap on expenses
Official Newspaper Maplewood Review
Data Compliance Officers:
City Compliance Officer Karen Guilfoile
City Personnel Officer Sherrie Le
Law Enforcement Officer David Thomalla
Seconded by Councilmember Koppen
Ayes -All
Mayor Koppen moved to adopt the following council appointments for 2005:
Municipal Legislative Commission Kathleen Juenemann
(Quarterly, Wed - p.m.) City Manager
Seconded by Councilmember Juenemann Ayes -All
Mayor Cardinal moved to adopt the following council appointments for 2005:
Ramsey County League Will Rossbach
of Local Governments Kathleen Juenemann
Seconded by Councilmember Juenemann
Ayes -All
Mayor Cardinal moved to adopt the following council appointments for 2005:
Ramsey/Washington Kim Facile
Suburban Cable Commission Robert Cardinal (alt)
Marvin Koppen (alt)
Seconded by Councilmember Rossbach Ayes -Mayor Cardinal
Nays-Councilmembers Juenemann, Koppen,
Monahan-Junek and Rossbach
Motion Failed.
Councilmember Rossbach moved to adopt the following council appointments for 2005:
Ramsey/Washington
Suburban Cable Commission
Seconded by Councilmember Koppen
Marvin Koppen
Robert Cardinal (alt)
Kim Facile (alt)
Ayes-Councilmembers Koppen,
Monahan-Junek and Rossbach
Nays -Mayor Cardinal and
Councilmember Juenemann
City Council 01-10-05 9
Mayor Cardinal moved to adopt the following council appointments for 2005:
N.E.S.T Marvin Koppen
(First Thursday @ 7:30 p.m.) Will Rossbach
Seconded by Councilmember Juenemann Ayes -All
Mayor Cardinal moved to adopt the following council appointments for 2005:
Suburban Rate Authority Marvin Koppen
(First month of quarter) Melinda Coleman (alt.)
Seconded by Councilmember Monahan-Junek Ayes -All
Mayor Cardinal moved to adopt the following council appointments for 2005:
St. Paul Water Utility Robert Cardinal
Board of Commissioners Jackie Monahan-Junek (alt)
(Second Monday @ 5:00 p.m.)
Seconded by Councilmember Monahan-Junek Ayes -All
Councilmember Monahan-Junek moved to adopt the following council appointments for
2005:
Suburban Area Chamber Robert Cardinal
of Commerce Melinda Coleman (alt)
Seconded by Councilmember Juenemann Ayes -All
Mayor Cardinal moved to adopt the following council appointments for 2005:
The Partnership Jackie Monahan-Junek
(Tuesday a.m.) John Banick
David Kvam
Seconded by Councilmember Monahan-Junek Ayes -All
Councilmember Rossbach moved to adopt the following council appointments for 2005:
Joint Ice Arena Board Staff Liaison -Bruce Anderson
Jackie Monahan-Junek
Marvin Koppen (alt)
Seconded by Councilmember Juenemann Ayes -All
Mayor Cardinal moved to adopt the following council appointments for 2005:
City Council 01-10-05 10
Rush Line Corridor
Will Rossbach
Chuck AN
Seconded by Councilmember Monahan-Junek
Ayes -All
Mayor Cardinal moved to adopt the following council appointments for 2005:
800 MHz Representative Kathleen Juenemann
Will Rossbach (alt)
Seconded by Councilmember Monahan-Junek Ayes -All
Mayor Cardinal moved to adopt the following council appointments for 2005:
Acting Mayor
Will Rossbach
Seconded by Councilmember Monahan-Junek Ayes -All
2. Conditional Use Permit — Walking in Faith Church (2835 Ariel Street)
City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Commissioner Grover presented the Planning Commission Report.
d. Paul Strong, the applicant answered council questions.
Councilmember Koppen moved to adopt the following resolution approving the
conditional use permit for Walking in Faith Ministries to operate a church in the building
at 2385 Aerial Street:
CONDITIONAL USE PERMIT RESOLUTION 05-01-002
WHEREAS, Mr. Paul Strong, representing Walking in Faith Christian Ministries, is requesting
that Maplewood approve a conditional use permit for a church to operate in an existing office
building.
WHEREAS, this permit applies to the property at 2385 Ariel Street. The legal description is:
Maplewood Retail Addition, subject to street, Outlot A. (PIN 11-29-22-31-0063)
WHEREAS, the history of this conditional use permit is as follows:
On December 20, 2004, the planning commission held a public hearing. The city staff
published a notice in the paper and sent notices to the surrounding property owners.
The planning commission gave everyone at the hearing a chance to speak and present
written statements. The commission also considered reports and recommendations of
City Council 01-10-05 11
the city staff. The planning commission recommended that the city council approve
this permit.
2. On January 10, 2005, the city council discussed this request. The council gave
everyone at the meeting 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 council approve 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 Maplewood'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.
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.
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.
10. The city council may waive any of the above requirements provided the council determines that
the balancing of public interest between governmental units would be best served by such a
waiver.
Approval is subject to the following conditions:
All construction shall follow the plans dated November 22, 2004, as approved by the city. The director
of community development may approve minor changes.
2. The proposed church must be started in this location within one year after council approval or the permit
City Council 01-10-05 12
shall end. The council may extend this deadline for one year.
3. The owner and the church operators shall ensure that the church space meets all the requirements of the
building code as determined by the building official and the fire marshal. In addition, city staff shall
determine the maximum capacity of the church upon review of the final floor and building plans.
4. The city council shall review this permit in one year.
Seconded by Councilmember Rossbach Ayes -All
Legacy Village Master Streetlight Plan — City Project 04-23:
a. Presentation on Master Lighting Plan and Maintenance Options
b. Consider Joint Powers Agreement with City of St. Paul for Street Light Maintenance
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
C. Jon Horn, Consultant for the Project answered council questions.
Councilmember Koppen moved to adopt the joint powers agreement wit the City of St. Paul for street
light maintenance and authorized the Mayor and City Manager to sign said agreement.
Seconded by Councilmember Juenemann Ayes -All
4. Sump Pump I/I Reduction Program (Sanitary Sewer) — City Project 04-22 — Approve
Ordinance Amendment Banning Clear Water Discharges to Sanitary Sewer
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
C. Alva Rankin, I/I Specialist with SEH Engineers answered council questions.
Councilmember Monahan-Junek moved to accept the draft Ordinance Amending the Maplewood City
code Regulating Discharge of Surface Waters in to Municipal Sewer System and approved the first
reading of the ordinance to establish the sump pump inspection program:
ORDINANCE NO. 856
AN ORDINANCE PROHIBITING THE DISCHARGE OF CLEAR WATER INTO THE MUNICIPAL
SANITARY SEWER SYSTEM
Section 1. Findings and purposes.
The purpose of this ordinance is for the efficient, economic and safe operation of the municipal sanitary sewer system for the
protection of the health, safety and general welfare of the public within the City.
Section 2. Definitions.
The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning.
Clear Water Drainage means any storm water, natural precipitation, ground water, or flow from roof runoff, surface runoff,
subsurface drainage, down spouts, eave troughs, rain spouts, yard drains, sump pumps, foundation drains, yard fountains, ponds, swimming
13
City Council 01-10-05
pools, cistern overflows or water discharged from any air conditioning unit or system
Permanently Installed Discharge Line means a rigid discharge line that does not, at any time, discharge water into the municipal
sanitary sewer system and does not have any connections for altering the path of discharge. This line must provide for year round discharge
to either: 1) the outside of the structure; 2) the City's storm sewer line by a connection; or 3) the curb and gutter to the street. If the line is
connected to the City's storm sewer line, it shall include a check valve.
Section 3. Prohibited Discharges.
No property owner shall discharge or cause to be discharged any Clear Water Drainage directly or indirectly into the municipal
sanitary sewer system.
No property owner shall make or maintain a connection between any conductor used to carry Clear Water drainage to the
municipal sanitary sewer system. Structures on properties that have a sump pump system to discharge excess water due to the infiltration
into foundations shall have a Permanently Installed Discharge Line.
Any disconnects or openings in the sanitary sewer system shall be closed or repaired by the property owner in an effective,
workmanlike manner in accordance with local, state and federal law.
Section 4. Inspections
Every property owner that owns improved real estate in the City shall allow a representative of the City to inspect both the inside
and outside of buildings located on the property to confirm that there is no Clear Water Drainage or other prohibited discharge into the
municipal sanitary sewer system. Any property owner that refuses to allow his or her property to be inspected within fourteen (14) days of
the date of a request by the City representative shall immediately become subject to the surcharge provided for in this ordinance until the
property is inspected and/or compliance is met and any penalties and remedies of the City as provided in its policies and codes, including,
but not limited to, assessments, administrative expenses in achieving compliance.
Any property owner whose property is found in violation of this Ordinance shall make the necessary changes to comply with this Ordinance
and shall furnish proof of these changes to the designated City representative within ninety (90) days upon receiving notice of the violation.
Section 5. City Installation.
Where the property owner has been notified in writing to comply with this ordinance fails, refuses or neglects to comply within
ninety (90) days of receipt of the notice, the council may, by resolution, direct the installation of the required pipes, plumbing fixtures and
appliances. The cost of installation shall be paid by the City and the actual cost assessed against the property benefitted.
After the installation and connections are completed, there shall be served upon the owner of the property, a written notice of the assessment
and an order directing the owner to pay the assessment within ten (10) days after the service of the written notice. Upon proof of service of
the notice and order, and proof that the assessment has not been paid within the ten (10) days allowed, an assessment hearing shall be held
by the City and the benefitted property shall be assessed for the costs and administrative expenses incurred by the City in achieving
compliance.
Section 6. Surcharge
A surcharge of $100.00 for single family properties and $500.00 for all other properties per month shall be imposed and added to
every utility billing for properties refusing or failing compliance or inspection as herein provided. The surcharge shall be added to every
monthly billing until the property is brought into compliance as determined by the City or the inspection has been permitted and compliance
has been determined. The City Council may grant waivers from the surcharges where strict enforcement may cause undue hardship unique
to the property or where the property owner was scheduled for disconnection but cannot do so due to the circumstances, such as inclement
weather.
Section 7. Penalties.
Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction shall be subject to the
penalties set forth in Minnesota Statute Section 609.02, subdivision 3.
Section 8. Severability.
Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part held to be invalid.
Section 9. Effective Date.
14
City Council 01-10-05
This ordinance shall take effect upon its passage and publication.
Seconded by CouncilmemberKoppen Ayes -All
5. 2005-2006 AFSCME Labor Agreement
2005-2006 Police Officer Labor Agreement
2005-2006 MSA Labor Agreement
2005-2006 Sergeants Labor Agreement
2005-2006 Non -Union Wages
a. City Manager Fursman presented the staff report.
b. Human Resources Director Le presented specifics from the report.
Councilmember Koppen moved to adopt the 2005-2006 labor agreements for ADSCME Local 2725,
LELS Local 153, MSA and LELS Local 173 and the Non -Union Wages for 2005 and 2006.
Seconded by CouncilmemberMonahan-Junek Ayes -All
L. VISITOR PRESENTATIONS
Richard Currie, 1937 West Kenwood, Maplewood, asked Councilmember Koppen to explain the
public access channel outreach program and recent changes.
M. COUNCIL PRESENTATIONS
1. South Leg Meeting -The next South Leg meeting will be on January 20th° at Fire Station #4 at
7:00 p.m.
2. Municipal Legislative Committee -The regional breakfast meeting will be held at the Maplewood
Community Center on Friday, February 4th, 7:30 a.m. to 9:00 a.m.
N. ADMINISTRATIVE PRESENTATIONS
Then annual council/staff retreat will be held on Friday, February 25th at the Minnesota Humanities
Center in Phalen Park.
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 9:33 p.m.
Seconded by Councilmember Juenemann Ayes - All
15
City Council 01-10-05
--Ct776
January 6, 2005
Dear Customer:
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As you may know, during the fourth week of November, we had a water quality incident
that affected a number of our Maplewood customers in an area bounded approximately
by Larpenteur Ave. and Conway St. from north to south, and McKnight Rd. and Century
Ave. from west to east.
To recount briefly, during the weekend of Nov. 20-21, we began receiving calls from
residents about chloi�ne and petrolUU11-like odors iii their tap water. Because of the
location of the complaints, we began to suspect that the source of the problem was the
Ferndale water tank located on Stillwater Avenue, which was put into service on Friday,
Nov. 19, after being out of service for painting for the preceding six months.
During the days that followed, we took measures to verify and isolate the source of the
odors, remove the affected water from the system, have water samples analyzed, and
notify customers and the media of the situation as it developed.
The first round of samples taken on Monday, Nov. 22, indicated trace amounts of seven
compounds that we believed to be causing the petroleum odor. The second round of
samples, taken Tuesday, Nov. 23, after flushing of the system, showed greatly reduced
levels or an absence of the seven compounds.
It is important to note that, at no time, was there a health risk to consumers. The
concentrations that were found were so diluted that they were substantially below the
maximums established by both federal and state regulations. We asked residents not to
drink the water just to be absolutely on the safe side.
Initial diagnostics indicate that the compounds in the water samples analyzed by the
Health Department originated from the painting system used in the interior of the tank.
The water was tested prior to placing it in service, but presence of the odor -causing
compounds was not indicated by those tests. The water tank has been taken out of service
and will remain out of service until the problem with the painting system has been
corrected. We anticipate that this will occur sometime this spring.
On behalf of the Saint Paul Regional Water Services, I want to apologize sincerely for
any inconvenience this incident may have caused you—not only by the undesirable water
quality but also by the interruptions in water service created by our flushing of the
system. Many of our employees worked very hard to, first, address the water quality
problem and, second, notify residents as quickly as possible. We know that this did not
go perfectly—that some of you, for example, did not get notified—but we are taking this
opportunity to learn from this incident to help us improve the process.
We would also like to remunerate you for any water losses you may have suffered by
flushing out the water in your residence or building. Just to provide perspective on the
amount of water you may have used for flushing and the costs you might have incurred:
The average water heater holds about 50 gallons, and the maximum amount of water you
can use with any type of faucet in running your cold water for 15 minutes is 42 gallons.
One unit of water consumption equals 748 gallons of water; the cost to Maplewood
residents for both water and sewer for one unit is $3.50. If you would like to receive a
credit of $5.00 on your account, just call customer service at 651-266-6350.
Again, we apologize for the difficulties this incident may have caused you. But I hope
this letter provides a bit more understanding of the events that created it, as well as our
efforts to address the problem.
Sincerely,
Steve Schneider
General Manager