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Home My WebLink About09-09-1996 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 9,1996 Council Chambers, Municipal Building Meeting No. 96-18 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 Acting Mayor Allenspach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Absent Acting Mayor Sherry Allenspach Present Dale H. Carlson, Councihnember Present Marvin C. Koppen, Councihnember Present George F. Rossbach, Councihnember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 96-16, (August 26,1996) Councihnember Carlson moved to approve the minutes of Meeting No. 96-16 (August 26, 1996) as presented. Seconded by Councihnember Koppen Ayes -all E. APPROVAL OF AGENDA: Councihnember Carlson moved to approve the Agenda as amended: Delete Item F-4, Cushman Truckster Add Item J-2, Massage Ordinance Add Item J-3, Truth-in-Taxation Hearing Add Item L-1, RCLLG Add Item M-2, Diversity Play Seconded by Councihnember Koppen Ayes -all EA. APPOINTMENTS/PRESENTATIONS NONE F. CONSENT AGENDA: Councihnember Carlson moved, seconded by Councihnember Kopen; ayes -all, to approve the Consent Agenda, Items F-1 thru F-3, F-5, and F-6, as recommended. (Item F-4 deleted from A enda 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 68,062.22 Checks #6608-#6624 Dated 8-15-96-8-21-96 $ 120,020.12 Checks #27515-#27600 Dated 8-27-96 9-9-96 1 $ 186,138.50 Checks #6625-#6645 Dated 8-22-96-8-28-96 $ 104,905.02 Checks #27605-#27702 Dated 9-3-96 $ 479,905.02 Total Accounts Payable PAYROLL: $ 283,684.50 Payroll Checks Dated 8-23-96 $ 47,933.64 Payroll Deduction Checks #54008-#54020 Dated 8-23-96 $ 331,618.14 Total Payroll S R70,744.00 GRAND TOTAL 2. Loan Agreement Amendment: Golden Star Apartments (315-321 Larpenteur Avenue) Approved the following Resolution: 96-09-100 AUTHORIZING CHANGES TO EXISTING PROMISSORY NOTE AND LOW-INTEREST LOAN AGREEMENTS WITH RAMSEY COUNTY WHEREAS, Golden Star Properties Limited Partnership, a Minnesota Limited Partnership ("Borrower") and The City of Maplewood, a Political Subdivision "Lender" entered into that certain Loan Agreement dated the 16th day of ay, 199 , ("Agreement"), and the Borrower has executed and delivered its Promissory Note dated May 16,1994, in the principal amount of $328,000.00 ("Note"), and WHEREAS, Van Vliet Real Estate Companies, a Minnesota Corporation, ("WRC") is the sole surving General Partner of the Borrower, and WHEREAS, Glaser Financial Group, Inc., a Minnesota corporation, ("Glaser") is making a loan ("Glaser Mortgage" on the Project (as deFmed in the Agreement), in order to reFmance the First Mortgage an Contract for Deed, (also described in the Agreement), and WHEREAS, both the Borrower and the Lender believe it to be in their respective best interests to reFmance as noted above, and WHEREAS, Glaser intends to sell, transfer and deliver the Glaser Note and assignthe Glaser Mortgage to Federal National Mortgage Association ("Fannie Mae"), and WHEREAS, Fannie Mae requires that any secondary Fmancing must be Non- Recourse as against the borrowing entity. NOW, THEREFORE, BE IT RESOLVED, the Maplewood City Council authorizes the parties to amend said Agreement. 3. Conditional Use Permit Review -Minnesota Motors (135 Century Avenue) Reviewed and renewed the Conditional Use Permit for Minnesota Motors at 135 Century Avenue, and will review it again only if a problem arises or the owners propose a major change to the site. 4. Purchase of Cushman 4-Wheel Turf Truckster DELETED FROM AGENDA 5. City Code Revision, Late Charges for Utility Bills (Second Reading) Approved second reading of the following Ordinance amending Sections 16-58 and 28-24 of the City Code: 9-9-96 2 ORDINANCE NO. 760 AMENDING SECTIONS 16-58 AND 28-24 OF THE MAPLEWOOD CITY CODE RELATING TO DELINQUENT ACCOUNTS FOR UTILITY SERVICES HEREBY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, that the Maplewood City Code be amended: Section 1. Section 16-58 relating to recycling charges is amended to read: Sec. 16-58. Rates and Charges. (3) There shall be added to all statements not paid by the date due a delinquency charge of ten (10) percent of the amount due, provided, however, that the City Manager may adjust the delinquency charge based upon a customer's circumstances such that the amount billed could not be paid by the date due. This authority granted to the City Manager will apply to all accounts which have delinquencies that occur after January 1, 1996. Section 2. Section 28-24(a) relating to sewer utility charges is amended to read: Sec. 28-24. Delinquent Accounts. (a) There shall be added to all statements not paid by the due date indicated in section 28-23 a delinquency charge of ten (10) percent of the amount due, provided, however, that the City Manager may adjust the delinquency charge based upon a customer's circumstances such that the amount billed could not be paid by the date due. This authority granted to the City Manager will apply to all accounts which have delinquencies that occur after January 1, 1996. Section 3. Effective Date: This Ordinance is effective upon its passage and publication. 6. Employee Insurance Contracts Approved one-year contracts for employee coverage with Medica and Health Partners for health insurance, Minnesota Mutual for life insurance, DCA for dental insurance and Fortis for long-term disability insurance. G. PUBLIC HEARINGS 1. 7:00 P.M.: Project 95-18, Bellaire Avenue Utility and Street Improvements -Assessment Hearing a. Acting Mayor Allenspach convened the meeting for a public hearing regarding the proposed assessment roll for Project 95-18. b. Manager McGuire introduced the staff report c. Director of Public Works Haider presented the specifics of the report d. City Attorney Kelly explained the procedure for public hearings. e. Acting Mayor Allenspach opened the public hearing, calling for proponents or opponents. No one appeared. f. Acting Mayor Allenspach closed the public hearing. g. Councihnember Koppen introduced the following Resolution and moved its adoption: 96-09-101 ADOPTION OF ASSESSMENT ROLL -PROJECT 95-18, BELLAIRE AVENUE WHEREAS, pursuant to proper notice duly given as required bylaw, the City Council has met 9-9-96 3 and heard and passed on all objections to the proposed assessment for the construction of Trunk Highway 61 Water Main, North of Beam as described in the Files of the City Clerk as Project 95-17, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or after the first Monday in January, 1997, and shall bear interest at the rate of 7.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,1996. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Carlson Ayes - Acting Mayor Allenspach, Councilmembers Carlson, Koppen Nays - Councilmember Rossbach 2. 7:10 P.M.: Highwood Estates No. 4; Preliminary Plat (Highwood Avenue) a. Acting Mayor Allenspach convened the meeting for a public hearing regarding a proposal by Roar Development to develop lots for 27 single-family homes between Lakewood Drive and McKnight Road, south of Highwood Avenue. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Bonnie Brueggeman presented the Plam~ing Commission report. e. Roy Bredahl of Road Development presented information on their proposed develpment. f. Acting Mayor Allenspach opened the public hearing, calling for proponents or opponents. The following persons were heard: Debra Madsen, 2360 Mamie Avenue Christina and Mark Solhiem etter read by Pam Cunningham) Pam Cunningham, 2329 Oak eights Court Steve Willis, 1053 Lakewood Drive South Peter and Wendy Sullivan, 1022 Lakewood Drive South Brian Sinn, 1062 Lakewood Drive South David and Alexis Warner, 1063 Lakewood Drive South Doug Kortus,1050 South McKnight Robert Hoskins, 1020 South McKnight Bill Nemitz, 1069 Crestview Drive South 9-9-96 4 Luke Schallinger, 2328 Oak Heights Court Bob Platzer, 1031 Lakewood Drive South Dawn Duerre, 1043 Lakewood Drive South Connie Peltier, 1835 Manton Liz McNamara, 1002 Lakewood Drive South Noah Lamont, 1072 Lakewood Drive South Kate Hoskins, 1020 South McKnight Al Wehrsdorfer, 1052 Lakewood Drive South Also letters were submitted to Council from: Steven and Marcia Willis, 1053 Lakewood Drive South Todd and Dawn Duerre, 1043 Lakewood Drive South g. Acting Mayor Allenspach closed the public hearing. Development on Slopes Preliminary Plat Street Width Code Variation h. Councihnember Carlson moved to table this request until September 23, and to direct staff to report Fmdings on erosion control and traffic and park access. Seconded by Councihnember Rossbach Ayes - all 3. 7:30 P.M.: Pleasantview Park No. 3; Preliminary Plat (Crestview and Lakewood Drives) a. Acting Mayor Allenspach convened the meeting for a public hearing regarding a proposal from Gonyea Corporation to develop five single family house lots on a 1.97-acre site around the existing house at 1021 Crestview Drive. b. Manager McGuire introduced the staff report c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Brueggeman presented the Plam~ing Commission report. e. Acting Mayor Allenspach opened the public hearing, calling for proponents or opponents. The following persons were heard: Ralph Tolley, representing Gonyea Company Dennis Gonyea, developer, the applicant Jerry Kubash, 2475 Crestview Drive Greg Ludescher, 1011 Crestview Drive Debra Madsen, 2360 Mamie Avenue Larry Norman, 2434 Nemitz Rod Hannula, 1049 Crestview Drive Dennis Chassen, 1024 Crestview Don Halvorson, 1025 Crestview Del Preuss, 1052 Crestview Peter and Wendy Sullivan, 1022 Lakewood Drive South Scott Peterson, 1040 Crestview Drive Bill Nemitz, 1069 Crestview Drive John Harrington, 1062 Crestview Drive Gladys Reeves, 2347 Mamie Avenue f. Acting Mayor Allenspach closed the public hearing. g. Councihnember Rossbach moved to deny the Pleasantview Park Number 3 preliminary plat as presented and to table the request until September 23 for a report on further Fmdings. Seconded by Councihnember Carlson Ayes - all H. AWARD OF BIDS NONE 9-9-96 5 I. UNFINISHED BUSINESS 1. Truth-in-Housing Code Change -Evaluator Licensing (Second Reading) a. Manager McGuire introduced the staff report b. Director of Community Devleopment Coleman presented the specifics of the report. c. Acting Mayor Allenspach asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councihnember Rossbach introduced the following Ordinance for second reading and moved its adoption: ORDINANCE NO. 761 AN ORDINANCE ABOUT THE LICENSING OF TRUTH-IN-HOUSING EVALUATIONS THE MAPLEWOOD CITY COUNCIL HEREBY APPROVES the following changes to the Maplewood Code of Ordinances: SECTION 1. This section changes Section 9-240(a) of the code as follows: (Additions underlined and deletions crossed out) (a) No person shall Fill out atruth-in-sale-of-housing disclosure report in Maplewood without having a valid certificate of competency or truth-in-housing evaluator's license from Maplewood. The City of Maplewood must issue the certificate of competency or license. Maplewood eke-City will only approve people as housing inspectors or evaluators who that are licensed as truth-in-housing evaluators in Saint Paul or Minneapolis. The housing inspectors must submit a copy of their truth-in-housing license and any certification papers to Maplewood from the City of Saint Paul or Minneapolis. Maplewood must license each housing inspector or evaluator that works in the City. Maplewood will automatically revoke or cancel a housing inspector's license if it is revoked or canceled for violation of law or violation of the housing evaluators code of ethics in either Saint Paul or Minneapolis. The City of Maplewood may require the passing of a test that shows the inspector's knowledge of the housing code. The City may then issue a certificate of competency which is valid for one year. The City may issue renewals of all such certificates. If a certificate of competency lapses for one year or more, the person who held such certificate shall reapply to Maplewood for renewal of such certificate. No holder of a certificate of competency or license from Maplewood shall allow another person to use said certificate or license. SECTION 2. This Ordinance shall take effect after the City Council approves it and the official newspaper publishes it. Seconded by Councihnember Koppen Ayes - all J. NEW BUSINESS 1. Ramsey County Compost Site Conditional Use Permit Review (Beam Avenue) a. Manager McGuire introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Zack Hanson of the Ramsey County Department of Public Health presented information about the Compost Site operation. d. Acting Mayor Allenspach asked if anyone wished to speak before the Council regarding this matter. The following were heard: Ralph Sletten, 2747 North Clarence Elizabeth Sletten, 2747 North Clarence 9-9-96 6 James & Margaret Behrens, 1393 Kohhnan Kevin Berglund, 1929 Kingston Ralph Sletten, 2747 North Clarence (2nd appearance) e . Councihnember Kopen moved to allow continued use of the compost site for one more year. MOTION DIED FOR LACK OF A SECOND f. Councihnember Carlson moved to reduce the capacity of the site to 10,000 cubic _yards on site at the end of September of each year. Seconded by Acting Mayor Allenspach Ayes - Acting Mayor Allenspach, Councihnember Carlson Nays - Councihnembers Koppen, Rossbach g. Councihnember Carlson moved to table for two weeks for consideration by full Council. Seconded by Councihnember Koppen Ayes - Acting Mayor Allenspach, Councihnembers Carlson, Koppen Nays - Councihnember Rossbach 2. Massage Ordinance a. Sister Rosalind appeared before the Council with a request to revise the Personal Services Ordinance by removing the language requiring Fmgerprints of licensees. b. Ellen Thompson, CEO for Sister Rosalind, spoke in support of the request. c. Connie Peltier commented further on the request. d. Councihnember Rossbach moved to waive the Rules of Procedure to allow action on this request. Seconded by Councihnember Koppen Ayes - all e. Councihnember Rossbach introduced the following Ordinance amending the Personal Services Ordinance and moved approval of first and second reading. ORDINANCE NO. 762 AMENDING SECTION 24-52 OF THE PERSONAL SERVICE ORDINANCE THE MAPLEWOOD CODE OF ORDINANCES IS HEREBY AMENDED AS FOLLOWS: (Deleted portion is struck out.) Section 24-52. Application; required information. (8) If the applicant is a natural person, one front face photograph of the applicant, taken within thirty (30) days of the date of application, at least two and one-half (22=) inches square. - If the applicant is a partnership, corporation, or other organization, one front face photograph of each partner and managing agent, taken within thirty (30) days of the date of application, at least two and one- half (22~ inches square. - 1... 4,.L.... 41.....1.:..!' ,.4'..,.1:.... Seconded by Councihnember Koppen Ayes - all 3. Truth in Taxation Hearing a. Manager McGuire requested Council decide upon a date for holding the Truth-in- Taxation hearings. 9-9-96 7 b. Councilmember Carlson moved to hold the Truth-in-Taxation meetings on December 5 and December 12 at 6:30 P.M. Seconded by Councilmember Koppen Ayes - all K. VISITOR PRESENTATIONS 1. Kevin Berglund, 1929 Kingston a. Mr. Berglund addressed the Council regarding Meredith Cable and other matters. 2. Connie Peltier, 1835 Manton a. Ms. Peltier addressed the Council regarding the Fire Department issue. L. COUNCIL PRESENTATIONS 1. Ramsey County League of Local Governments a. Councilmember Rossbach announced the RCLLG will hold its September 26 meeting at the Maplewood Community Center. M. ADMINISTRATIVE PRESENTATIONS 1. Update on 40th Anniversary Plam~ing Activities a. Assistant Manager Dawson reported on the status of activity plam~ing for Maplewood's upcoming 40th Anniversary observance. 2. Diversity Play a. Manager McGuire commented on the diversity play being presented by Mixed Blood Theater at the Community Center on September 18 at 7:00 P.M. N. ADJOURNMENT 11:10 P.M. Karen Guilfoile, City Clerk 9-9-96 8