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HomeMy WebLinkAbout08-26-1996 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 26,1996 Council Chambers, Municipal Building Meeting No. 96-16 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Public Forum-Organized Residential Refuse Collection, August 5, 1996 Councilmember Rossbach moved to approve the minutes of the Public Forum-Organized Residential Refuse Collection, August 5, 1996 as presented. Seconded by Councilmember Allenspach Ayes -all 2. Minutes of Meeting 96-15, (August 12,1996) Councilmember Rossbach moved to approve the minutes of Meeting No. 96-15 (August l2, 1996) as presented. Seconded by Councilmember Allenspach Ayes -all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended:/submitted. L1 Lexus Seconded by Councilmember Koppen Ayes -all 8-26-96 1 EA. APPOINTMENTS/PRESENTATIONS NONE F. CONSENT AGENDA: Councihnember Allenspach moved, seconded by Councihnember Carlson; ayes -all, to approve the Consent Agenda, Items F-1 thru F-5, as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 91,875.17 Checks #6570-#6582 Dated 8-1-96 thru 8-7-96 $ 157,481.46 Checks #27248-#27372 Dated 8-13-96 $ 238,054.78 Checks #6583-#6607 Dated 8-8-96 thru 8-14-96 $ 101,840.99 Checks #27378-#27505 Dated 8-20-96 $ 589,252.40 Total Accounts Payable PAYROLL: $ 273,975.51 Payroll Checks Dated 8-9-96 $ 47,429.46 Payroll Deduction Checks #53774-#53787 Dated 8-9-96 $ 322,404.97 Total Payroll S 911,657.37 GRAND TOTAL 2. Disposal of Surplus Property Declared as surplus property and authorized disposal at state auction, the following units which have been replaced: VEM Unit 614,1986 Chevrolet, l-ton, utility truck, S.N.IGBC34M8GJ166845860, mileage 78,500. VEM Unit 644, 1986 Chevrolet, 1-ton, park maintenance truck, S.N.IGBC34M8GJ166845, mileage 65,900. 3. Safe & Sober 97 Grant Resolution Approved the following Resolution: 96-08-97 SAFE AND SOBER GRANT RESOLUTION WHEREAS the National Highway Traffic Safety Administration, together with the Minnesota Department of Public Safety, under a program entitled Safe & Sober Communities, has called for grant proposals from law enforcement agencies for funds to 8-26-96 2 increase seat belt usage and reduce incidents of impaired and unsafe driving within the community; and, WHEREAS the City of Maplewood shares in the sorrow and sense of loss for its residents killed or injured in alcohol-related traffic accidents or through failure to use seat belts and child restraints; and, WHEREAS the safety of the lives and property of residents and motorists in the City of Maplewood is a matter of concern to this City Council; and, WHEREAS a prerequisite for Maplewood's participation in the Safe & Sober Communities program is passage of a resolution authorizing the Police Department to enter into an agreement with the Minnesota Department of Public Safety for this purpose; NOW, THEREFORE, BE IT RESOLVED that the Maplewood Police Department is authorized to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe & Sober Communities during the period from October 1,1996, through September 30,1997, and, BE IT FURTHER RESOLVED that the Chief of the Maplewood Police Department, is hereby authorized to execute such subsidiary agreements as are necessaryto implementthe project on behalf of the Maplewood Police Department. 4. Schmelz Countryside Volkswagen Drainage Approved the agreement between the City and Countryside Volkswagen, Inc. regarding drainage from the dealership site. 5. Bruegger's Fresh Bagel Bakery Donation to Nature Center Accepted with thanks a donation of $448.00 from Bruegger's Fresh Bagel Bakeryin Sunray Shopping Center and directed the Finance Director to apply the amount to the appropriate account. G. PUBLIC HEARINGS 1. 7:00 P.M.: Curve Street Right-of--Way Vacation (Frost to Summer Avenues) (AT&T) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal from AT&T Wireless Service to install acellular-telephone tower facility behind Woodbury Mechanical's storage garage at 1899 Clarence Street. b. Manager McGuire introduced the staff report c. Associate Planner Ekstrand presented the specifics of the report d. Commissioner Jack Frost presented the Plam~ing Commission report 8-26-96 3 e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Peter Beck and Ted Olson of AT&T explained use of the cellular tower. g. Mayor Bastian closed the public hearing. h. Councihnember Koppen moved to table the request until the new ordinance is prepared. MOTION DIED FOR LACK OF A SECOND i. Councihnember Carlson moved to deny the request to vacate a portion of the Curve Street right-of--way. Seconded by Councihnember Allenspach Ayes - all j. Councihnember Carlson moved to deny the request to revise the Conditional Use Permit. Seconded by Councihnember Allenspach Ayes - all H. AWARD OF BIDS 1. Van Dyke Mill & Overlay, Project 96-13 a. Manager McGuire introduced the staff report b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councihnember Carlson introduced the following Resolution and moved its adoption: 96-08-07A AWARD OF BID -VAN DYKE MILL AND OVERLAY, PROJECT 96-13 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Ashbach Construction Company in the amount of $63,907.40 is the lowest responsible bid for the construction of VanDyke Street Mill and Overlay, City Project 96- 13, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the Financial transfers necessary to implement the Financing plan for the project. The project budget is as follows: State Aid $84,000.00 Total $84,000.00 8-26-96 4 Seconded by Councihnember Rossbach Ayes - all I. UNFINISHED BUSINESS 1. Truth-in-Housing Code Change -Evaluator Licensing - 1st Reading a. Manager McGuire introduced the staff report b. Associate Planner Roberts presented the specifics of the report c. Boardmember Lorraine Fischer presented the recommendations of the Housing and Redevelopment Authority. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. e. Councihnember Rossbach moved to approve first reading of an Ordinance revising the Truth-in-Housing Code as it relates to licensing of evaluators. Seconded by Councihnember Carlson Ayes - all J. NEW BUSINESS 1. Watermain Petition, Bradley Street, South of Ripley a. Manager McGuire introduced the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Bastian moved to table the watermain petition until staff holds a neighborhood informational meeting. Seconded by Councihnember Allenspach Ayes -all 2. Project 95-18: Schedule Assessment Hearing -Bellaire Avenue, Beam to Lydia a. Manager McGuire introduced the staff report. b. Director of Public Works Haider presented the specifics of the report. 8-26-96 5 c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson introduced the following Resolution and moved its adoption: 96-08-98 ORDERING ASSESSMENT ROLL HEARING: BELLAIRE AVENUE IMPROVEMENTS -PROJECT 95- 18 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared as assessment roll for the construction of Bellaire Avenue Improvements, City Project 95-18, and the said assessment is on File in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall beheld on the 9th day of September, 1996, at the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment,. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on File with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Koppen Ayes - all 3. Revision to Animals & Fowl Ordinance -First Reading a. Manager McGuire introduced the staff report b. Director of Public Safety Collins presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson moved to approve first reading of an ordinance revising the City's Animals and Fowl Ordinance. Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian 8-26-96 6 4. Cash Connection Charge Policy a. Manager McGuire introduced the staff report b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councihnember Carlson moved to adopt the following City Policy regarding charges for water and sewer cash connections: I.PURPOSE AND NEED FOR POLICY The City must have a standard method for applying cash connection charges to properties benefitted by sanitary sewer and water mains. Without a standard policy, cash connection charges may not be applied consistently, fairly and uniformly. It could result in loss of revenue from properties that benefit from sanitary sewer and water. ILPOLICY The City shall, from time to time, adopt a standard front foot rate for sanitary sewer and water main cash connection charges. A standard rate will be representative of current average costs of installation. There may also be special cases where a property was not assessed under the original project and assessment objections were resolved with the understanding that a cash connection charge would be implemented if a connection were needed some time in the future. In these cases the cash connection charge would be calculated using the standard rates and the rates of the original assessment. The greater of these two amounts would be used for the cash connection charge. A cash connection charge would be levied against benefited property regardless of whether the City constructed the utility in question. IILPROCEDURE 1. The Engineering Division shall annually update the standard cash connection charge for sanitary sewer and water main. 2. The Engineering Division shall collect all available data identifying properties that may be required to pay a cash connection charge in the future. The data shall be organized is as useful a format as possible so that a wide range of employees have access to the material. 3. Cash connection charge data will be checked when public inquiries as made about specific properties. IV.RESPONSIBILITY The Engineering Division updates the policy and prepares the annual cash connection charge recommendations for adoption by the City Council. 8-26-96 7 V.AUTHORITY Administrative implementation of the Policy, Minnesota State Statute 444.075. Seconded by Councihnember Koppen Ayes - all 5. Storm Damage -Contingency Fund Request a. Manager McGuire introduced the staff report b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Bastian moved to authorize transfer of up to $25,000 of the Contingency Fund for the purpose of paying for emergency costs related to the August 6, 1996 storm damage. Seconded by Councihnember Carlson Ayes - all 6. Certification of Erosion Control Costs a. Manager McGuire introduced the staff report b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Mayor Bastian introduced the following Resolution and moved its adoption: 96-08-99 CERTIFICATION OF EROSION CONTROL COSTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk is hereby authorized and directed to certify the auditor of Ramsey County the following erosion control costs for certification against the tax levy of said property owner for the year 1996, collectable in 1997, including interest at the rate of eight percent (8%) on the total amount for one year. PIN 03-29-22-31-0013-8 $4,565.00 Seconded by Councihnember Rossbach Ayes - all 7. Sign Ordinance Revision Update a. Manager McGuire introduced the staff report 8-26-96 8 b. Associate Planner Ekstrand presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Council directed staff to meet with businesses before any action is taken on revision of the City Sign Code. 8. Land Use Protections around Priory Open Space Property a. Manager McGuire introduced the staff report b. Assistant City Manager Dawson presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Dominic Ramacier, 865 Lakewood Drive, spoke in opposition to any development of Bradley Oaks subdivision d. Councihnember Carlson moved to approve the following alternatives: 1. Allow the Bradley Oaks subdivision to develop with current environmental setback requirements, which meet the statutory standard of environmental protection, and to maintain close inspection during the grading and construction process in order to safeguard the sensitive environmental features. 2. Obtain a professional property appraisal and attempt to acquire the undeveloped 7.2 acres of land in the Bradley Oaks subdivision, which is currently under one ownership. Seconded by Councihnember Allenspach Ayes - all 9. Sewer Backup Cleaning Services a. Manager McGuire introduced the staff report b. Director of Public Works Haider presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councihnember Carlson moved to authorize staff to arrange aretainer/contract agreement for sewer backup cleaning service for sewer utility customers, and directed staff to prepare the policy for its implementation. Seconded by Councihnember Koppen Ayes - all 8-26-96 9 10. Gladstone Fire Department Proposed Agreement ) 11. Parkside Fire Department Proposed Agreement ) a. Manager McGuire presented the staff report and specific details of the proposed agreement. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Roger Jensen, Attorney representing Gladstone and Parkside Chief Steve Lukin, Gladstone Fire Department Chief Ed Leier, Parkside Fire Department NO ACTION TAKEN 12. City Code Revision, Late Charges for Utility Bills (First Reading) a. Manager McGuire introduced the staff report. b. Assistant City Manager Dawson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councihnember Rossbach moved to approve first reading of an ordinance revising the City's Code governing late charges for utility bills. Seconded by Mayor Bastian Ayes - all 13. Administrative Hearings and Sanctions for Code Violations (Second Reading) a. Manager McGuire introduced the staff report. b. Assistant City Manager Dawson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councihnember Carlson introduced the following Ordinance for second reading and moved its adoption: ORDINANCE NO. 759 AN ORDINANCE ADDING NEW SECTIONS ESTABLISHING 8-26-96 10 A PROCEDURE FOR ENFORCING ADMINISTRATIVE OFFENSES THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, DOES HEREBY ORDAIN: The City Code of the City of Maplewood is hereby amended by adding Sections 19-52 to 19-61 to read as follows: Sec. 19-52. Administrative Offenses. Purpose. Administrative offense procedures established pursuant to these sections are intended to provide the public and the City with an informal, cost effective, and expeditious alternative to traditional criminal charges and civil remedies for violations of certain ordinance provisions and license provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses or license violations. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring criminal charges in accordance with law or pursue civil remedies in accordance with the law Likewise, the CSty, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance, in the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. In the event the party participates in administrative procedures but does not pay the monetary penalty which may be imposed, the City may also initiate civil action to collect a monetary penalty. Sec. 19-53. Administrative Offenses DeFinitions. An administrative offense is a violation of any section of the Maplewood City Code or a violation of any Maplewood City License when one performs an act prohibited, or fails to act when such failure is thereby prohibited, and is subject to the penalties set forth in this Code and established by resolution. Sec. 19-54. Notice. Any office of the Maplewood Police Department or any other person employed by the City, authorized in writing by the City Manager, and having authority to enforce this Code or enforce license provisions, shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth in the nature, date and time of violation, the name of the official issuing the notice, and the amount of the scheduled penalty. Sec.19-55. Payment. Once such notice is given, the alleged violator may, within seven (7) days of the time of issuance of the notice pay the amount set forth on the schedule of penalties for the violation, or correct the license violation or may request a hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail and payment shall be deemed to be an admission of the violation. Sec. 19-56. Hearing. Any person contenting the administrative offense pursuant to this Chapter may, within seven (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has occurred. The hearing office shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the 8-26-96 11 violator shall pay the penalty imposed. In the case of a license violation the hearing officer shall recommend to the Council suspension or revocation of the license or any other type of appropriate remedy including, but not limited to, monetary penalties. Sec. 19-57. Hearing Officer. The City shall establish an independent hearing officer list. The hearing officer shall be selected from the list by the person requesting the hearing. In the event that individual is not available, another person shall be selected from the list. The hearing officer is authorized to hear and determine any controversy relating to the administrative offenses or license violations provided for in these sections. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in these sections. Sec. 19-58. Failure to Pay. In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes, if the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the City for the same violation. In the event a party charged with license violation offenses fails to pay the penalty, then and in that event the City may exercise civil remedies. Sec.19-59. Disposition of Penalties. All penalties collected pursuant to these sections shall be paid to the City treasurer and may be deposited in the City's general fund. Sec.19-60. Offenses and Penalties. Offenses which may be charged as administrative offenses and the penalties for such offense are to be established by resolution of the City Council from time to time. Copies of such resolution shall be maintained in the office ofthe City Manager. Sec. 19-61. Subsequent Offenses. In the event a party is charged with a subsequent administrative offense within twelve (12) month period of paying an administrative penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by twenty-five percent (25%) above the previous administrative penalty. II. This Ordinance shall be in full force and effect from and after its passage and publication. Seconded by Councihnember Koppen Ayes - all K. VISITOR PRESENTATIONS 1. Kevin Berglund, 1929 Kingston Avenue a. Mr. Berglund stated there was an error in the minutes of the August 5, 1996 Public Forum regarding Organized Collection. b. Council directed staff to make the appropriate correction. L. COUNCIL PRESENTATIONS 1. Lexus 8-26-96 12 a. Discussion was held regarding special drainage structures at the Lexus dealership site on Highway 61. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 9:27 P.M. Karen Guilfoile, City Clerk 8-26-96 13