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HomeMy WebLinkAbout12.04.80MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, December 4, 1980 Council Chambers, Municipal Building Meeting No. 80 -30 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 7:20 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Absent Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present E —A POSTER AWARDS — Fire Chiefs Fire Marshal Schadt introduced representatives from East County Line, Gladstone and Parkside Fire Districts who presented awards to the winners of the 1980 State Fire Chiefs Poster Contest as follows: EAST COUNTY LINE FIRE DISTRICT 1st Place Chris Carbonneau 2nd Place Phil Skeie Age 10 Carver School Age 11 Carver School GLADSTONE FIRE DISTRICT 1st Place Kristin Mau 2nd Place Heidi Krengel Age 9 Harmony School Age 9 Harmony School PARKSIDE FIRE DISTRICT 1st Place Daniel Hale Age 10 St. Jerome's School 2nd Place Debbra Hanson Age 10 Edgerton School First place winners receive $15 cash —check from their district fire department and a Tonka toy fire truck donated by Tonka Toy Corporation, Minneapolis. Second place winners receive $10 cash —check from their district fire department. Posters were judged and evaluated by local fire personnel. C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA — 1 — 12/4 Mayor Greavu moved to approve the 1. Piletich Property 2. Atlantic & Cope 3. Maplewood Dump Site 4. Dump Sites — Article in Paper 5. Gervais Avenue 6. Vacation of portion of Highway 120 7. Beam Avenue Assessment 8. Resolutions Seconded by Councilperson Juker. E. CONSENT AGENDA Ayes — all. Councilman Nelson moved, seconded by Mayor Greavu, Ayes — all, to approve the Consent Agenda Items 1 through 11, as submitted. 1. Accounts Payable Approved the accounts (Part I Fees,Services, Expenses, Check No. 004954 through Check No. 004985 — $227,399.59; Check No. 007746 through Check No. 007824 — $118,391.63: Part II, Payroll, Check No. 26106 through Check No. 26233 $49,898.11) in the amount of $395,689.33 be paid. 2. Woodbury Land Use Plan Authorized staff to forward the following comments regarding the Woodbury Land Use Plan to the City of Woodbury. Woodbury's physical development plans are consistent with Maplewood's except in the area of Transportation. Both plans propose an interchange in the vicinity of Century Avenue and I -494. However, there is disagreement as to the specific location. Maplewood's Transportation Plan proposes Century Avenue and I -494 as the site, whereas, Woodbury proposes the intersection about one —half mile to the southwest. -A second item of inconsistency concerns the classification of Century Avenue south of Lower Afton Road. Maplewood's Transportation Plan calls for a major arterial and collector, whereas, Woodbury's Plan calls for a. minor arterial. This discrepancy will likely be resolved once a location for the proposed interchange is agreed upon. 3. Time Extension: Schwichtenberg Addition Approved a 90 day time extension for the Schwichtenberg Addition preliminary plat. 4. Transfer to Close 1979 Diseased Tree Project Authorized a transfer of the remaining cash balance of $91,229 in Project 79 -6 to Project 77 -9. 5.' Designation of Official Depository — Checking Account da as amended: — 2 — 12/4 Resolution No. 80 -12 -235 BE IT RESOLVED, that the Maplewood State Bank is hereby designated as the de- pository for demand deposits of the City of Maplewood based upon the terms in.the proposal dated November 5, 1980; and BE IT FURTHER RESOLVED, that funds deposited in said bank may be withdrawn by check when signed by the signature, or by the facsimile signature, of the Mayor, City Manager, and City Treasurer; and BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred at the reauest of the City Treasurer or Finance Director for purchases of City investments; and BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the amount of F.D.I.0 insurance covering such deposit unless collateral or a bond is furnished as additional security; and BE IT FURTHER RESOLVED, that this depository designation shall be effective until a new depository is designated. 6. Interfund Transfers for Unassessed Utility Improvements Approved the following transfers: From $82,100 W.A.C. Fund 71,700 Hydrant Fund 6,010 Hydrant Fund 2,050 Sewer Fund $161,860 Total To Special Assessment Fund: 7. Representative to Youth Service Bureau 1973 Bonds ( #513) 1977 Bonds ( #520) 1979 Bonds 0522) 1979 Bonds 4522) Appointed Ms. Kris Heimerl, 1701 Birmingham Street, to the Youth Service Bureau as the Youth Representative. 8. Proposals on Aerial Photography Authorized the engaging of Mark Hurd Aerial Surveys, Inc. as the consultant to continue the aerial mapping program for Maplewood. 9. Lease of City Fire Station and Property at 2501 E. Londin Lane to the East County Line Fire Department. Authorized the leasing of the City Fire Station and property at 2501 E. Londin Lane to the East County Line Fire Department. 10. Budget transfer within Police Department Authorized transfer of $2,500 from Account 101- 121 -4210 to account 101 -121 -4110. - 3 - 12/4 11. Budget Transfer within Paramedic Account Authorized transfer of $2300 from Account 101- 122 -4480 to account 101 -122 -4310. E - A Discussed after Agenda Item B F. PUBLIC HEARINGS 1. Bedell, Inc. - Bond Forfeiture and License Revocation - 7:30 P.M. a. Councilman Juker moved to table until arrival of Bodell,.Inc.'s attorney. Seconded by Councilman Nelson. Ayes - all. G. AWARDING OF B None. H. UNFINISHED BUSINESS 1. Ordinance on Sewer Rates - Second Reading a. Manager Evans recommended the proposed ordinance be given final approval. b. Councilman Nelson introduced the following Ordinance and moved its adoption: ORDINANCE NO. 495 AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 206.140 is hereby amended to read as follows: 206.141.. RATES. The following rates and charges are hereby established for all sanitary sewer services furnished by and in the city of Maple- wood: (1) The quarterly residential rates shall be: Single- Family Dwelling $18.60 Townhouse $18.60 Duplex $37.20 Apartment $14.90 Condominium $14.90 Mobile Home $14.90 Senior Citizen Unit $ 9.30 (2) Non - residential rates shall be as follows: Class A - $.61 per 1,000 gallons Class B - $.93 per 1,000 gallons 4 - 12/4 Class A customers are defined as those that maintain private sewer system lines on a site of at least 200 acres. Class B customers are defined as all other non — residential customers. Non — residential sewer service charges shall be a minimum of $5.80 quarterly per sewer service connection. (3) The senior citizen rate shall be billed only to those that meet all of the following conditions: (a) Must be residential property occupied by no more than two persons; (b) One of the occupants must be the by the City of Maplewood; (c) One of the occupants must be at older; (d) If occupied by two persons, the least 62 years of age or older; owner and billed directly least 65 years of age or second occupant must be at (e) Annually after November 1st and before December 15th, one of the occupants must file an affidavit with the City Clerk stating that all of the conditions required in this ordinance are applicable t6his or her residence. In the case of rental property, the senior citizen shall submit proof that he or she is responsible for payment of the sewer service charge. Affidavits accepted and approved by the City Clerk at a time other than that specified above, shall entitle the resident to the senior citizen rate for each full quarter remaining in the year not includ— ing the quarter during which the affidavit is filed. (4) The rate for properties used jointly for residential and commer— cial purposes that are not metered separately shall be billed at non— residential rates. (5) In respect to property which shall be connected with the City sewer system for the discharge and disposal o=f other residential, commercial or industrial sewage waste, or any waste unusual in either character or amount, then in addition to all applicable charges hereunder, the City Council reserves the right to impose such supplemental sewage rate charge as said City Council shall determine as reasonable and warranted on the basis of all relevant factors. 206.142. .FLOW CALCULATIONS. Annually during the month of December, the Director of Public Works shall determine, for each property billed at non — residential rates, the effluent discharged during the pre— ceding year. This amount shall be used to calculate the sewer service charges for the current year. For the purpose of determing the quantity of effluent discharged from any property within the City of Maplewood, the Director of Public Works shall determine the lowest quarter of water usage — 5 — 12/4 „. during the preceding year, either through direct water meter read- ings, or if not metered, by reasonable estimating methods (i.e. special metering devices, comparison to similar types of land and water uses, etc.). The quantity of water used, as determined or estimated above, shall be the quantity of effluent discharged subject to the rate structure. However, if determined by the Director of Public Works that the lowest quarter's water usage during the preceding year does not reflect a reasonable estimate of probable effluent to be discharged during the current year, the Director of Public Works shall use any other equitable and reasonable method to estimate the probable effluent to be discharged in the following current year (i.e., special metering devices of effluent discharged, total yearly or estimated yearly usage, consumption minus estimated water usage not discharged into the sewer system, comparison with similar uses, etc.). All new proper- ties connecting to sanitary sewer and applicable to the non -resi- dential rate structure, as defined in this section, shall be assign- ed an estimated quantity of discharge, by any of the methods above which reasonably reflect such probable discharge. Such estimated quantity shall be subject to the rate structure, herein defined, until the end of that year at which time the Director of Public Works shall include such property intd'his study of app;icable properties under this paragraph. 206.132. STATEMENTS. All accounts shall be billed quarterly except for those that have City utility billings totaling $600 or more per year in which case they shall be billed monthly. Statements shall be mailed to "occupant” at the address of the property except for: (a) Residents billed at the senior citizen rate; (b) Properties for which someone other than the occupant has requested to be billed. Quarterly statements shall be due and payable to the City of Maple- wood as follows: Payment Due Date Billing Billing Billing Quarter Ending District #1 District #2 District #3 3 -31 1 -31 2 -28 3 -31 6 -30 4 -30 5 -31 6 -30 9 -30 7 -31 8 -31 9 -30 12 -31 10 -31 11 -30 12 -31 Monthly statements shall be due and payable to the City of Maple- wood on the last day of the month they cover. 206.144. DELINQUENT ACCOUNTS. There shall be added to all statements not paid by the date indicated in Section 206.143 a delinquency charge of one dollar or ten percent of the amount due, whichever is greater. Annually by October 10th, the City Clerk shall deliver to the Council for adoption an assessment roll providing for collection - 6 - 12/4 of all delinquent amounts billed through the second quarter. Upon adoption by the Council, these accounts, including penalties and interest, shall be certified to the County Auditor for collect- ion with taxes during the ensuing year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. 206.145. COMMENCEMENT OF SEWER SERVICE CHARGES. Sewer service charges shall commence on the date of application for an "Occupancy Permit" or "Final Plumbing Inspection ", whichever shall be first. Failure to obtain either of these permits, as required in the City Code, shall be subject to the penalties of the code relevant to such permits, penalties of Chapter 206, and retroactive billing made from the date occupancy occurred as determined by the building Official. 206.146. NON- USAGE. Adjustments in billing for any property for non -usage of the sewer service facilities may be granted by the City Clerk if proof is submitted by the applicant that water service had been terminated for a period of not less than 30 days. Section 2. This ordinance shall take effect and be in force beginning January 1, 1981. Seconded by Mayor Greavu. Ayes - all. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Special Exception: 1300 So. McKnight Road a. Manager Evans presented the staff report recommending approval of the home occupation permit for a sharpening service for one year. After one year, if there have been no complaints, the permit may be renewed for five years. Ap- proval is subject to compliance with the criteria outlined in the Planning Com- mission's Subcommittee Report on home occupations. b. Commissioner Duane Prew presented the Planning Commission recommendation. C. Mr. Gene Anderson, 1300 So. McKnight Road, the applicant, spoke on behalf of his request. d. Councilman Nelson moved permit to operate a hand too to the following: 1. Approval of the home occupation permit for one year. If after one year there have been no complaints, the permit will be renewed for five years. 2. Approval is subject to compliance with the criteria outlined in the Planning Commission's Subcommittee report on home occupations. Seconded by Councilperson Juker. Ayes - all. to approve the special exception for a home occupation 1 sharoenine service at 1300 So. McKnight Road subiect - 7 - 12/4 K. COUNCIL PRESENTATIONS 2. Cope and Atlantic a. Councilperson Juker moved that stop signs be placed on Cope Avenue at the intersection of Cope and Atlantic and removed from Atlantic and refer to staff the question of closing the access to Atlantic from Highway 36. Seconded by Councilman Nelson. Ayes - all. F. PUBLIC HEARINGS (continued) 1. Bodells, Inc. -Bond Forfeiture and License Revocation - 7:30 P.M. (continued) a. Mayor Greavu stated this hearing was continued from the meeting of November 6, 1980. b. Manager Evans presented the staff report recommending the City Council, because of the under age sale violations, consider the following actions: 1. Forfeit the bond on each offense or in lieu thereof allow the licensee to make a cash payment of $2,000.00 2. Consider suspension of Bodell's liquor license for seven (7) days on each offense with the suspension period to be imposed furing a period after January 1,1981. C. Mr. John Daubney, attorney representing Bodells, Inc., spoke on behalf of his client. d. Mayor Greavu called for proponents and opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Mayor Greavu moved that Bedell, Inc. forfeit $2,000.00 in lieu of a bond with $1,000.00 to be paid within six months and if there are no further violations by Bodells, Inc. within 12 months, the remaining $1,000.00 forfeiture would not be collected Seconded by Councilman Nelson. Ayes - all. 2. M G M Liquor Franchise and Off Sale Liquor License - Chesnut 7:45 P.M. a. Mayor Greavu continued the public hearing from the meeting of November 6, 1980. b. Mr. Ron Sieloff, attorney representing Dwight Chesnut, spoke on behalf of his clients request for off sale liquor license to be located at 1975 E. County Road D. C. Mr. Gary Gandrud, attorney representing MGM Liquor, spoke on behalf of the franchise. d. Mr. Pat Maglish, owner of MGM Liqqors, explained how his business operates. e. Mayor Greavu called for proponents. The following were heard: - 8- 12/4 Mr. George Halvorson, representing the Minnesota Teachers Retirement Assoc— ' iation, owners of the building. f. Mayor Greavu called for opponents. The following were heard: Mr. Arnold Thomas, Delta Liquors, 3000 White Bear Avenue g. Mayor Greavu closed the public hearing. h. Councilman Bastian stated he is employed by the Republican Party Caucus State Senate and Mr. Ron Sieloff, attorney for Dwight Chesnut, is a State Senator belonging to that caucus and he wished this fact to be noted. i. Mr. Dwight Chesnut, the applicant, spoke on behalf of his lease agreement and on behalf of his request. j. Mayor Greavu moved to deny the request of MGM Liquors and Dwight Chesnut for an Off Sale Liquor License at 1975 E. County Road D and refer to staff the question of amending the City Code to prohibit any present license holde in Maplewood to enter into a franchise agreement. Seconded by Councilman Nelson. Ayes — all. k. Mr. Gary Gandrud, representing MGM Liquors, requested the Council reconsider the denial in order for the applicant to withdraw his application. 1. Councilman Bastian moved to reconsider the decision of the Council regarding MGM Liquors Seconded by Councilman Nelson. Ayes — Councilmen Bastian and Nelson. Nays — Mayor Greavu & Councilperson Juker. K. COUNCIL PRESENTATIONS (continued) 1. Voya Piletich Property — Beam Avenue a. Councilperson Juker commented on the grading by Voya Pilatich of his prop— erty north of Beam Avenue and West of Maplewood Drive and questioned just how much was allowed in the grading permit. He has constructed dikes on the property. b. Mrs. .Marilyn Vars, 1140 Beam Avenue and Mr. James Pogreba, 987 Beam Avenue stated Mr. Piletich had received permission for a holding pond from the Water Shed District, but any other approval has to be from Maplewood. Mr. Pogreba stated he is unaware that Mr. Piletich has received approval of any kind for his development. He was under the impression that the land was considered "wet land" and the drainage to be perserved. The land has been graded in a hap- hazard way and nothing replaced or finished. c. Council directed staff to investigate and take whatever steps are necessary to correct the situation. 3. Maplewood Dump Site a. Council directed staff to review the former dump sites in Maplewood. — 9 — 12/4 5. Gervais Avenue a. Mayor Greavu stated he had received a letter from a person who works at Kroy Industries on Gervais Avenue who had driven on Gervais Avenue while it was under construction and had damaged their car. Do we cover this? b. Staff stated the contractors insurance should be notified. 6. Vacation of Old Highway 120 a. Mayor Greavu moved to initiate a public hearing regarding the vacating of a_ portion of Old Highway 120 just north of Highway I -94. Seconded by Councilman Bastian. Ayes - all. 7. Beam Avenue Assessments a. Mayor Greavu questioned the attorney regarding the lawsuits relating to the Beam AVenue assessments. b. City Attorney Bannigan brought the Council up to date as to the Beam Avenue lawsuits. L. ADMINISTRATIVE PRESENTATIONS 1. Resolutions a. Manager Evans stated that on December 1, 1980, at about 11:45 A.M., the Public Safety Dispatcher received a call of a vehicle in Lake Phalen that con- tained an occupant. Police and fire rescue units were immediately dispatched to the scene. Through their cooperative efforts, the victim driver was success- fully rescued. It is recommended the City Council pass resolutions commending those involved. b. Councilman Bastian introduced the following resolution and moved its adoption 80- 12 -236 WHEREAS, on December 1, 1980, at about 11:45 a.m. a motor vehicle traveling southbound on Keller Parkway went out of control, drove into the water at the north end of Lake Phalen, and subsequently submerged in approximately eight feet of water; WHEREAS, the driver was trapped in the submerged vehicle and rescue and police units were promptly summoned to the scene by a passerby; WHEREAS, Sergeant David Arnold of the Maplewood Police Department was one of the first responders, entered the Gladstone Fire Department's rescue boat, and accompanied others in the boat to the place it came to rest on the lake bottom; WHEREAS, the air temperature was approximately 20 with a strong northwesterly wind and the water was near freezing temperature; - 10 - 12/4 WHEREAS, in consideration of the urgency of the situation of the rescue of the driver trapped in the car, with a total disregard for his personal safety, Sergeant Arnold checked the situation from the roof of the car. Upon finding the passenger side door locked, he jumped into the frigid water, opened the driver's door, released a balky seat belt and removed the victim - driver to the surface and roof of the vehicle; WHEREAS, the victim - driver was placed in the boat and taken to the lake shore and transported to the hospital in satisfactory condition; WHEREAS, these efforts on his part were instrumental with the assistance of other police and fire personnel in saving the victim - driver's life; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood very highly commends Sergeant David Arnold for his heroic performance, rendered at a great personal sacrifice and risk. Further, it directs that a copy of this resolution be made a part of his personnel record. Seconded by Councilman Nelson. Ayes - all. c. Councilman Bastian introduced the following resolution and moved its adoption: 80- 12 -237 WHEREAS, on December 1, 1980, at about 11:45 a.m., a motor vehicle travel- ing southbound on Keller Parkway went out of control, drove into the water at the north end of Lake Phalen and subsequently submerged in approximately eight feet of water with the victim - driver trapped inside the vehicle; WHEREAS, the Maplewood Police units were summoned and promptly responded to the scene; WHEREAS, the prompt response and professional skill of the police personnel who responded, working in cooperation with other emergency units at the scene, played a key role in the successful rescue, under very adverse weather condit- ions, of the victim - driver; .NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maple- wood commends the police personnel for their professional participation in this rescue. Seconded by Councilman Nelson. Ayes - all. d. Councilman Bastian introduced the following resolution and moved its adoption 80 - 12 - 238 WHEREAS, on December 1, 1980, at about 11:45 a.m., a motor vehicle traveling southbound on Keller Parkway went out of control, drove into the water at the north end of Lake Phalen and subsequently submerged in approximately eight feet of water with the victim - driver trapped inside the vehicle; WHEREAS, the Gladstone Fire Department's rescue units were summoned and - 11 - 12/4 promptly responded to the scene; WHEREAS, the prompt response and professional skill of the volunteer fire— fighters, while working in cooperation with police units, played a key role, under adverse weather conditions, in the successful rescue of the victim — driver; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maple— wood commends the Gladstone Fire Department and its personnel for their pro— fessional participation in this rescue. Seocnded by Councilman Nelson. Ayes — all. M. ADJOURNMENT 10:23 P.M. City Clerk — 12 - 12/4