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
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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.
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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
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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
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„. 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
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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:
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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.
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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