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HomeMy WebLinkAbout07.27.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 27, 1987 Council Chambers, Municipal Building Meeting No. 87 - 15 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 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87-13 (June 22, 1987) Councilmember Wasiluk moved to approve the Minutes of Meeting No. 87-13 (June 22, 1987) as submitted. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. East Community Family Services 2. Power Outages 3. Recycling Solid Waste Committee Meeting 4. House on Beam (Frattalone Property) 5. Cave's Gervais Addition (Item E-4) 6. Flood Problems (Item I-8) 7. Change Order (Item I-9) 8. Delete H-1 Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Wasiluk, Ayes - all, to approve the Consent Agenda, Items 1 through 4, as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses Check register dated 7-16-87 through?-20-87 - $645,148.19; Part II - Payroll dated 7-1-87 $62,792.36 dated 7-10-87 - $142,870.86 gross amount $205,663.22) as recommended. 7/27 2. Approve Final Payment - Beaver Lake Storm Sewer - City Project 83-07 Resolution No. 87 - 7 - 141 WHEREAS, The City Council of Maplewood, Minnesota has heretofor ordered made Improvement Project 83-07, North Beaver Lake Storm Sewer Improvements, and has let a construction contract, and WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is completed and accepted and final pay- went on the construction contract is hereby authorized. 3. Environmental Health Delegation Agreement Approved an agreement between Maplewood and the Minnesota Department of Health for the Environmental Health Delegation Agreement. 4. Cave's Gervais Addition - Final Plat Approved the Cave's Gervais Addition final plat. F. PUBLIC HEARINGS 1. 7:00 P.M., Plan Amendment LSC Definition (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the City Council on June 8, 1987, initiated an amendment to the LSC, limited service commercial definition to allow limited gas sales with a convenience store. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Daniel Parker, Welsh Companies, spoke in support of the amendment. Richard Schreier questioned how this would affect other properties. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson intorduced the following resolution and moved its adoption• 87-7-142 WHEREAS, the current definition of a limited service commercial center does not include gas sales; and - 2 - 7/27 .WHEREAS, the service commercial center definition defines gas stations as a high-intensity use; and WHEREAS, the City finds that a limited number of gas pumps would be a medium-intensity use on a neighborhood scale, consistent with the LSC definition; NOW, THEREFORE, THE MAPLEWOOD CITY COUNCIL does hereby amend the LSC definition as follows: Limited Service Commercial Center (LSC). The limited service commercial center classification refers to commercial facilities on a neighborhood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc., would be prohibited. Other land uses of a medium intensity nature, such as gas sales with no vehicle repair or maintenance and with no more than two pumps on a single island to service up to four vehicles at one time, may be permitted subject to meeting certain performance standards as de- fined in the zoning code. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker 2. 7:00 P.M., P.U.D. Larpenteur and McKnight a. Mayor Greavu convened the meeting for a public hearing regarding the request of the Welsh Companies, Inc., for approval of a planned unit de- velopment (PUD) for a neighborhood shopping center, including motor fuel sales. The motor fuel sales would include two pumps with three dispenser nozzles for each pump. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Bob Cardinal presented the Planning Commission recom- mendation. e. Director of Community Development Olson presented the Community Design Review Board recommendation. f. Mayor Greavu called for persons who wished to be heard. The following voiced their opinions: Georgene S. Karpiej, 1694 McKnight Lane, President of the McKnight Townhomes Association Daniel Parker, Welsh Companies, Inc. g. Mayor Greavu closed the public hearing. - 3 - 7/27 h. Councilmember Anderson introduced the following resolution and moved its adoption: 87-7-143 .WHEREAS, the Welsh Companies initiated a conditional use permit for a planned unit development of office, commercial and service uses, in- cluding convenience motor fuel sales at the following described property: Lot Three, Block One, Maple Woods Estates WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Plan- ning Commission on July 6, 1987. The Planning Commission recom- mended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on July 27, 1987. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations o£ the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described conditional use permit replaces the June 9, 1986, conditional use permit and is approved on the basis of the following findings-of-fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter: 2. The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate no traffic on local streets and would not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. - 4 - 7/27 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of tge City. 9. The use would preserve and incorporate the pond on the site into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: ICI 1. Adherence to the site plan and conditions approved by the Community Design Review Board. Future changes to the site plan may be approved by the Board. 2. All uses shall conform with the BC (M), business commercial (modified) ` zoning district requirements. 3. External speakers shall be directed away from the dwelling units and the sound shall not exceed fifty decibels (normal conversation level) at the residential property line. 4. The maximum building height shall be one story. 5. There shall be no exterior storage or sale of goods or merchandise. 6. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. A six-month time extension may be requested as allowed in Section 36-442(d) of City code. 7. There shall be no vents for the underground fuel tanks within 200 feet of an existing residence or the buildable area of the planned undeveloped lots in the Currie Street Addition, south of Larpenteur Avenue. 8. The type and anchoring of underground storage tanks must be approved by the City Fire Marshal. The tanks shall be strapped to a concrete slab. Seconded by Mayor Greavu. Ayes - all. 3. 7:10 P.M., Code Amendment Building Setback to Pipelines. (1st Reading) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed ordinance to require buildings designed primarily for human oc- dupancy to be set back at least 100 feet from a major pipeline. b. Manager McGuire presented the Staff report. - 5 - 7/27 c. The following persons voiced their opinions regarding the proposed ordinance: Steve Kayser, 1825 23rd Street, Plymouth Richard Schreier, 2125 Desoto Bruce Mogren, 2855 Frederick Street Dick Sagstetter d. City Attorney Kelly explained the current legislation. Municipalities are required to have a pipeline ordinance by 1989. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved to amend Sections 9-215, 9-217 and 9-219 of the proposed ordinance. Seconded by Councilmember :Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk. Nay - Mayor Greavu. g. Councilmember Anderson moved first reading of an ordinance requiring set back from a major pipeline. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nay - Mayor Greavu. 4. 7:20 P.M., Linwood Avenue Water Main and Alternate Water Tower Site - City Project 86-15E a. Mayor Greavu convened the meeting for a public hearing to consider an alternate tower site north of Linwood Avenue and to consider the installation of water main along Linwood Avenue from the existing main 1,200 feet east of McKnight Road to Century Avenue. All property with frontage on Linwood Ave- nue between Century Avenue and the existing main have been notified of this hearing. b. Manager McGuire presented the Staff report. c. City Attorney Kelly explained the hearing procedure. d. Assistant City Engineer Ahl presented the specifics of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: John Gregerson, 2622 Linwood Avenue Darrel Hansen, 2632 Linwood Avenue George Anderson, 2680 Linwood John Vorderbruggen, 2578 Linwood - 6 - 7/27 Cheryl Stahnke, 2383 Linwood Ted Selbitchka, 2710 Linwood James Kayser, Coon Rapids Margaret Kayser, 2516 Linwood Al Jirovic, 2480 Linwood g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to approve the alternate location of the water tower on the north side of Linwood. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay - Councilmember Bastian i. Councilmember Anderson introduced the following resolution and moved its adoption• 87-7-144A WHEREAS, after due notice of public hearing on the construction of water main along Linwood Avenue from 1,200 feet east of McKnight Road to Century Avenue, and WHEREAS, it is proposed to relocate the proposed tower site to north of Linwood Avenue, a hearing on said improvement in accordance with the notice duly given was duly held on Monday, July 27, 1987, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maplewood construct water main along Linwood Avenue from 1,200 feet east of McKnight Road to Century Avenue and relocate the proposed water tower to north of Linwood Avenue as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. G. AWARD OF BIDS 1. 1987 Overlay Project a. Manager McGuire presented the staff report. - 7 - 7/27 b. Councilmember Bastian introduced the following resolution and moved its adoption• 87-7- 145 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Valley Paving, Inc., in the amount of $78,800.00 is the lowest re- sponsible bid for bituminous resurfacing, Project 86-26 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. Seconded by Mayor Greavu. Ayes - all. H. UNFINISHED BUSINESS 1. Cave's Barclay Addition - Preliminary Plat Deleted. 2. Recreational Vehicle Ordinance a. Councilmember Bastion reviewed the ordinance. b. The following persons expressed their opinions, Robert Ellingsworth, Minn. Cycle Association. George Anderson Bob's Cycle, 1945 Rice Street - Robert Engstrom, 1505 E. County Road C Dave Schroeder, 1721 Rosewood ~ c. Councilmember Anderson moved to amend the ordinance by eliminating the requirement of sixty minute intervals and the hours of operation be 3:00 P.M. to 8:00 P.M., Tuesday,Wednesday and Fridays and 11:00 A.M. to 5:00 P.M. on Saturday. Seconded by Councilmember Juker. Ayes - all. d. Councilmember Bastian moved several amendments to the proposed ordinance. Seconded by Councilmember Wasiluk. Ayes - all. e. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE N0. 605-A An Ordinance regulating the use of recreational motor vehicles within the City of Maplewood: Chapter 20, Maplewood Code of Ordinances as amended through December, 1986; is amended by adding a New Article VI as follows: - 8 - 7/27 ARTICLE VI - Recreational Motor Vehicles Section 20-120. Purpose. The purpose of this ordinance is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the City of Maplewood. Section 20-121. Definitions. The following words and phrases shall have the meanings ascribed to them for the purposes of this article: (a) "Recreational motor vehicle" means any fuel-powered motorized multi- wheeled or track, self-propelled vehicle designed or used for recreational purposes, including, but not limited to all-terrain vehicles, trail bikes, hovercrafts, motorcycles and motorized bicycles, but excluding snowmobiles, wheel chairs and golf carts. (b) "Operate" means to ride in or on and control the operation of a recreational motor vehicle. (c) "Operator" means every person who operates or who is in actual physical control of the recreational motor vehicle, regardless of age. (d) "Dust" means powdery earth or other matter in particles fine enough to be propelled into and then suspended in the air. (e) "L10 means the sound level, expressed in decibels (dBA) which is exceeded 10 percent of the time for a one-hour period, as measured by a sound level meter having characteristics as specified in the latest standards, 51.4, of the American National Standards Institute. (f) any other words or phrases used in this ordinance, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regula- tions. Sectioh 20-122. Prohibited Operations. It is unlawful for any person to operate a recreational motor vehicle: (a) on private property without a permit except as hereinafter permitted. (b) carelessly or heedlessly ~n disregard of the rights or the safety of others, or in a manner so as to endanger, or is likely to endanger, person or property; (c) on public property owned or leased by the City including but not limited to sidewalks, boulevards and park land; (d) at any place while under the influence of alcohol as defined in Minn. Stat. §152.01 Subd. 4; (e) in a manner or location so as to create loud, continuous unnecessary or unusual noise. For the purposes of this article, the noise level must be L10/65 dBA's or less, measured 100 feet from the property. line or to the nearest residential structure. - 9 - 7/27 (f) unless part of a licensed carnival, sideshow, or licensed amusement parks, under Maplewood Ordinance 6-16, or where otherwise authorized by the Council, in City ordinance or by resolution; (g) in a manner so as to propel dust into the air which is suspended for longer than 10 seconds; (h) on private property except on Tuesdays, Wednesdays and Fridays, from 3:00 P.M. until 8:00 P.M., and on Saturdays from 11:00 A.M. until-5:00 P.M, (i) in addition to other permitted uses, recreational motor vehicles may be operated on private property for maintenance purposes, such as snow removal, farming, gardening, mowing, landscaping or other similar uses. Permits for these purposes shall not be required, nor shall one be required for the use of recreational motor vehicles on private driveways or in garages. (j) notwithstanding other provisions of this section, on lots with a square footage of 12,000 or less, there shall be no more than one recreational motor vehicle running or operating at any one time. Section 20-123. Annual Permit; Fee; Revocation (a) There is imposed an annual permit under this article. The permit shall be issued to the owner or lessee of the property where recreational motor vehicles shall be operated. The fee is due at the time of applica- tion. (b) Permits shall be issued by the City Clerk and expire on the first working day in January of each year. (c) The annual fee for such renewals shall be established by the City. Council by ordinance. For 1987, the fee shall be $10.00. (d) The City Manager may, upon the recommendation of the Director of Public Safety, revoke the license issued under this section, in order to prevent further violations or to protect the public health, safety, and welfare. Revocation of the permit may be in addition to the criminal penalties that may be imposed under Section 20-124, The permit, once revoked, may not be issued to the subject property for the remainder of the calendar year. (e) No permit shall be issued under this section until the public works department inspects the applicant's grading plan, if any, for the subject property. The sole purpose of the review is to consider the impact of any proposed grading on (1) storm water drainage or retention or (2) on any public or private easements involving public or private utilities, pipe- lines or similar services on the sutiject property, that the City has notice of in its records. The review by the City shall not involve the nature of the grading for use by recreational motor vehicles. Section 20-124, Criminal Penalty. (a) Any person failing to procure or maintain a permit required under this article, or violating any other provision of this article, may be issued a warning. Every person who violates any provision of this ordinance is - 10 - 7/27 guilty of a petty misdemeanor. Each act of violation and each day a viola- tion occurs or continues, constitutes a separate offense. Any person fail- ing to procure or maintain a permit required under this article, or violating any other provision of this article for the second time, may be issued a citation. The sentencing court may consider community service in lieu of a fine. (b) For any violation of the provisions of this ordinance, the permit may be revoked as provided by Section 20-123. Section 20-125. Sunset. This article shall be in effect until October 1, 1989. This Ordinance becomes effective upon its adoption and publication, this 27th day of July, 1987. Seconded by Councilmember Wasiluk. Ayes - all. 3. Maplewood Firefighters a. Manager McGuire presented the staff report. b. Mayor Greavu moved to approve the Maplewood Firefighters' Relief Association By-Laws as amended: BY-LAWS Maplewood Firefighters' Relief Association ARTICLE I Section 1: Board of Trustees The Board of Trustees will consist of ten (10) members: six (6) active firemen and three (3) ex-officio members selected from elected officials of the City of Maplewood, the City of Oakdale, and the City of Landfall; and one (1) member from Maplewood Joint Chief's Council. If any of the above Cities do not wish to participate as an ex- _ officio member, those members will be appointed by the Maplewood Fire Chiefs' Joint Chiefs' Council. Section 2: Election Each fire department will elect two (2) trustees from its active membership. The Secretary of the department will certify their names to the Secretary of the Relief Association within 30 days after their election. The Trustees will elect from their members, a president, vice president, secretary, and treasurer prior to the annual meeting. Section 3: Term Subd. 1: Each trustee will serve a term of three (3) years or until his successor has been elected. Subd. 2: The election of the trustees will be staggered so that two (2) trustees are elected each year. - 11 - .7/27 Subd. 3: The term of ea'~D officer of the Board of Trustees will be one (1) year. Section 4: Vacancies Vacancies of any trustees will be filled within 30 days of the fire department affected. The appointed trustee will serve the unexpired portion of the term. Section 5: Removal Any officer or trustee may be removed for cause by a majority vote of the Board. Fifteen (15) days notice of the removal action will be given to the Fire Department that elected the officer or trustee. Section 6: Compensation Compensation may be paid for services rendered. The members at any regular or special meeting will determine the amount of compensation. Compensation will be limbed to the secretary, treasurer and president. Regular attending board members will be paid expenses. ARTICLE II Section 1: Powers and Duties of the Board Subd. 1: Board of Trustees. The Board of Trustees will have exclusive control and management of all property and funds of the association. They con- stitute the governing body of the association with full power to carry out the association's corporate purpose, the provisions of the By-laws, and the laws of the State of Minnesota pursuant to volunteer firemen's relief associations. They will approve all disbursements and provide for an annual audit of the association's accounts. They will establish a Board of Examiners. Subd. 2: President. The president will preside at Ceneral and Special meetings of the association and meetings of the Board of Trustees. He will countersign all checks, certificates and correspondence requiring legal or official signatures. He will have general supervision over the as- sociation and its affairs. Subd. 3: Vice President. The vice president will assist the president and perform the duties of the president in his absence. Subd. 4: Secretary. The secretary's duties include the following: a. Call special meetings. Special meetings will be called within 30 days from receiving a petition .signed by at least one-fourth of the mem- bership. b. Notify each fire department at least 15 days in advance of all special and general meetings. c. Keep permanent and accurate records of the minutes of all meetings. d. Keep a membership roster. The roster should contain: Member's name, address, fire department, birth date, beginning date of service (adjusted by the amount of time spent on leave of absence), and status (active, dropped, death, disability, or retired). - 12 - 7/27 e. Keep an account book in which he will 11tQx'all money transactions of the association. The entries will include the dates, amounts, and source of all receipts; and the dates, amounts, payee, and purpose of all expenditures. f. He will be the custodian of the seal and records of the associa- tion. g. He will sign all official papers. h. He will perform any other duties imposed by the Board. i. He will obtain from the secretary of each fire department the date necessary to prepare and consolidate reports for the associa- tion. j. He will prepare and file all required Federal, State, County, and Local Reports for the association. Subd. 5. Treasurer. The treasurer's duties include the following: a. He will receive and safely keep all money belonging to the association. b. He will promptly enter in a book provided for that purpose a record of all money received and disbursed by him, showing the source, payees, dates, and explanation of each transaction. c. He witl pay out money when authorized by the board. d. He will retain all cancelled checks and financial records for a period of at least seven years. e. He will assist the secretary in the preparation of annual financial reports. f. He will file with the secretary a security bond sufficient to cover any possible losses. Subd. 6. Board of Examiners. The Board of Examiners shall make a thorough investigation of and report on all applications for membership in the Association; investigate and make reports on all applications for disability pensions and make recommendations as to the amount to be paid to each applicant; investigate and make reports on all disability pensions, and make recommendations as to amount of pen- sion to be paid to them from year to year; and investigate and re- port on all applications for service pensions, and claims for re- lief. This Board shall consist of a competent physician selected by the Association, and three members of the Relief Association on active duty with one of the three fire departments. Each fire department represented in the MFFRA shall be represented on the Board of Examiners. - 13 - 7/27 ARTICLE III Section 1: Special Fund All funds received by this association from the State of Minnesota Appropria- tions, Fire Service contractors, or Misc. Donations will be kept in this fund. Section 2: General Fund All funds received by the association not identified as Special Funds will be kept in this fund. ' Section 3: Disbursements Subd. 1: Disbursements of funds from the Special Fund will be made as directed by the Board pursuant to the laws of the State of Minnesota. Subd. 2: Disbursement of the General Fund will be made for any purpose suited to the welfare of the members of this association. Section 4: Funds All money belonging to this association will be deposited in the name of the association in banks, trust companies, savings and loan association or other depositors designated by the Board. Section 5: Investments The funds of this association may be invested by the Board in income paying properties and securities authorized by law. ARTICLE IV Section 1: Membership All active members of the East County Li~~, Gladstone, and Parkside Fire Depart- ments will be eligible for membership (subject to exclusion per Subd. 4 - Sect. 11 - Chapter 69, Minnesota Statutes). (Total members not to exceed forty-five (45) members per department or sixty-five (65) members per department), while said department has under its management a detached fire station. A firefighter cannot be a member of the Relief Association until he is a fully accepted member of the Fire Department. Then the Board must give him an applica- tion to be filled out and then must act on him separately. Section 2: Age Requirements No person under the age of 18 years shall be. accepted. All members shall retire from the association upon reaching the age of 65. - 14 - 7/27 Section 3: Expulsion When a notice has been received from the fire department that a member has been expelled, the department trustee will advise the member that his membership in the association has also terminated. ARTICLE V Section 1: Regular Meetings of the Board The Board will meet on a regular basis on the 1st Monday of every even numbered month at 7:30 P.M. Section 2: Special Board Meetings Special meetings will be called by the president after receiving a request by any trustee. The secretary will give advance notice of the time and place of the meeting to each fire department and ex-officio members. Section 3: Annual Meeting The association Annual Meeting will be held the fourth Sunday in January at a designated site starting at 12:30 P.M. Section 4: Special Membership Meetings Subd. 1: On a majority vote the Board of Trustees can call a special membership meeting. Subd. 2: When the president receives a petition signed by one-fourth (1/4) of the membership, he shall call for a special meeting. Subd. 3: The secretary will file the petition and arrange the meeting within 30 days of receipt of the petition with advance notice of 15 days to be given to each fire department and ex-officio member. Section 5: Quorums Six trustees will be considered a quorum for the board of Trustees. Twenty or more members will constitute a quorum for a membership meeting. Section 6: Notice of Meetings The secretary will notify each trustee for all board of trustee meetings. In the case of membership meetings, the chief and secretary of each department will receive 15 days advance notice of any membership meetings. The fire chief will be responsible to notify each of his members. Section 7: Order of Business The following order of business shall be observed for all meetings: A. Call to order B. Roll call - 15 - 7/27 C. Reading of minutes of pre`aous meeting D. Secretary's report E. New and dropped members F. Treasurer's report G. Committee reports H. Communications I. Unfinished business J. New Business K. Retirement applications L. Adjournment Section 8: Voting At meetings of trustees, each trustee will be entitled to one vote. At membership meetings, each member will be entitled to one vote. Voting by proxy is not permitted ARTICLE VI Section l: Effective Date of Benefits All benefits will be based on the date the member leaves the fire service and not the date of their application for benefits. Section 2: Service Credit Each member will accumulate a service credit at the rate of $91.66 per month or major fraction thereof, ($1,100.00 per year). (No limit on years of service ex- , cept as stated in Article IV - Section 2 - Age Requirements.) Leave of absence will not count as service time, and the service entry date will be adjusted ac- cordingly. Section 3: Payments Subd. L• Service payment. All benefits will be paid in a lump sum. Application for benefits must be received within three (3) months after the benefits are due. The applicant will have two options available iG receive the lump sum: 1) One full payments, or 2) Two to five equal annual install- ment payments with no interest. If the second option is selected, a letter so stating must accompany the application. If option 2 is selected, the payment process is irrevocable. If the applicant dies before all installments have been received, the balance of the deferred account will be paid in full in a lump sum to the beneficiary listed on the beneficiary card. The applicant may re- quest the dates in which he wishes to receive the installments. If no instructions are received, the installments will be disbursed in Janu- ary of every year. The installment payment option is only available for pension and disability benefits. Death benefits will be paid in one payment only. Subd. 2: Deferred Service Payment. Any member who retires before age 50 will receive 5~ interest compounded annually on the service credit due until he reaches age 50. - 16 - 7/27 Section 4: Pension Benefits Upon completion of 20 or more years of active service and after age S0, any member may apply for his service credit. Subd. 1: Regular pension Subd. 2: Early vested pension benefit. Any member who has served more than ten (10) years of active service but less than twenty (20) years may apply for early vested pension benefit. When the member reaches the age of j fifty (50) years they will receive their pension as follows: a. For duty of: more then 10 years - less than 11 years - 60% 11 12 64% 12 13 68% 13 14 68% 14 15 76% 15 16 80% 16 17 84% 17 18 88% 18 19 92% 19 20 96% 20 100% b. The payment amount will be calculated by using the amount payable per year of service in effect at the time of such early retirement, multiplied by the number of accumulate years of service, multiplied by the appropriate percentage as defined in (a) above. c. During the time a member is on early vested pension, they will not be eligible for the benefits provided for in Section 6. d. All monies deferred under the early vested provision shall earn 5% interest compounded annually. e. The effective date of this provision is January 23, 1983. Section 5: Death Benefits In the event of death of any member, the association will pay to the beneficiary the larger of his service credit or $3,000.00. Section 6: Disability Benefits Subd. l: Definition. In the event of total disability, a member shall be paid the larger of $3,000.00 or his/her service credit. Disability is de- fined as the inability to engage in performance of his/her regular duties as a firefighter by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve months. Subd. 2: Reports Required. No member shall be awarded, granted or paid disability benefits to subdivision 1 except upon the written report of one or more physicians or surgeons chosen by the MFFRA Board. This report shall set forth the cause, nature, and extent of disability, disease or injury of the member. Each such report shall be filed with the Association. - 17 - 7/27 Subd. 3: Procedure. All applications for disability benefits shall be made within sixty (60)days after such applicant has ceased to be an active member of the fire department. Written application shall be made to the MFFRA Board setting out the nature and cause of such disability. This application shall be under oath. The application will be laid over until the next meeting of the MFFRA so that the applicant may be examined by one or more physicians of MFFRA's choice. This physician shall submit a written opinion concerning the nature and degree of the applicant's disability and its probable duration or permanence.- 1 Final determination of disability will be based on the reports of at least one doctor, a recommendation of the Board of Examiners and by majority vote of the Board of Trustees present at the Maplewood Fire- fighters Relief Association meeting. Subd. 4: An applicant shall not be considered under a disability unless he/she furnishes such medical and other evidence of the existence thereof as the MFFRA may require. An applicant's statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in Subdivision 1. There must be medical signs and findings, established by medically acceptable clinical or laboratory diagnostic techniques, which show the existence of a medical impairment that results from ana- tomical, physiological, or psychological abnormalities which could rea- sonably be expected to produce the pain or other symptoms alleged and which, when considered with all evidence required to be furnished under this subdivision (including statements of the applicant or his/her physician as to the intensity and persistence of such pain or other symptoms which may reasonably be accepted as consistent with the medi- cal signs and findings) would lead to a conclusion that the applicant is under a disability. Objective medical evidence of pain or other symptoms established by medically acceptable clinical or laboratory techniques must be considered in reaching a conclusion as to whether the applicant is under a disability. Subd. 5: Grievance Procedure. If the applicant for disability benefits feels he/she has been aggrieved by any action of the Board, he/she shall, within sixty (60) days from notice of such action of the MFFRA, file written objections and the reasons thereof with the MFFRA and said MFFRA may order said applicant to further appear before the MFFRA for further examination. ARTIBLE VII AMENDMENTS These by-laws may be amended at any annual or special meeting by a majority vote of the membership, provided the proposed amendment was presented in writing to each of the fire departments 30 days prior to the meeting. ARTICLE VIII FINANCIAL OBLIGATIONS Should the Relief Association's general or special account become depleted to the extent that the benefits by these by-laws cannot be paid, the board of trustees - 18 - 7/27 will determine how much each fire department will contribute to replenish such - fund, pending amendment of by-laws to provide for lesser benefits. The same amount will apply to each department. ARTICLE IX DISSOLUTION The funds remaining in the special account shall be disbursed as provided by State Law. If State law does not provide for the disposition, the Board of Trustees will determine the disposition of this account as well as the general account. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Councilmember Juker abstained. I. NEW BUSINESS 1. Charles Pearson - Fire Siren a. Mr. Pearson requested that the Hazelwood Fire Siren only be sounded when there was severe weather, pager failure or a national emergency. b. Director of Public Safety Collins explained why_ the sirens were necessary. c. No action taken. 2. Establish Open Space Committee a. Mayor Greavu introduced the following resolution and moved its adoption: 87-7-146 WHEREAS, the City of Maplewood has realized a serious need to preserve in its natural state certain land areas in the City; and WHEREAS, it is improtant that we preserve and enhance the City's environ- ment, which includes such characteristics as wetlands, natural drainage, natural vegetation, habitat for wildlife, etc.; and WHEREAS, there is a serious need for a study of the above described Open Space needs; NOW, THEREFORE, THE CITY COUNCIL OF MAPLEWOOD hereby creates an Open Space Committee to investigate and identify Open Space lands that are available for acquisition by governmental agencies; and to give an approxi- mate value of the property that has been identified for Open Space, and to return a report to the Maplewood City Council by October 15, 1987. Seconded by Councilmember Wasiluk. Ayes - all. - 19 - 7/27 b. Councilmember Bastian moved that there be up to ten (10) members appointed to the open space committee and that the following be appointed• Charlotte Wasiluk Norman Anderson Don Christianson Marilyn Vars Bill Mahre Warren Wallgren Seconded by Mayor Greavu. Ayes - all. Councilmember Bastian moved to suspend the Rules of Procedures and add NAPA to the Agenda. Seconded by Mayor Greavu. Ayes - all. 3. Authorization to Replace Naturalist. a. Manager McGuire presented the Staff report. b. Councilmember Wasiluk moved to authorize the replacement of a permanent _ part-time naturalist for the Nature Center. Seconded by Councilmember Bastian. Ayes - all. 4. McKnight Road Agreement a. Mayor Greavu moved to approve the agreement with Ramsev County for con- struction of McKnight Road from Beaver Lake to Larpenteur Avenue Seconded by Councilmember Bastian. Ayes - all. 5. B.N. Corridor Acquisition a. Councilmember Bastian introduced the following resolution and moved its adoption• 87-7-147 WHEREAS, Ramsey County has established a regional rail authority; and WHEREAS, this rail authority has the power to acquire abandoned rail corridors; and WHEREAS, the Burlington Northern corridor has been abandoned within the Cities of Maplewood and St. Paul; and WHEREAS, Burlington Northern plans to sell the corridor in sections to private and public interests if a public offer is not made; and WHEREAS, this corridor should be acquired for public use; and WHEREAS, the regional rail authority is in the best position to acquire this corridor and represent the multiple agencies and jurisdictions interested in its use. - Z~ - 7/27 NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood urges the regional rail authority to appoint a corridor advisory committee to study and develop a proposal to acquire the abandoned Burlington Northern rail corridor; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that this task force include representatives from the City of Maplewood. Seconded by Mayor Greavu. Ayes - all. 6. Comparable Worth - Special Meeting Date a. Councilmember Bastian moved to establish a closed Council Meeting for 4:30 P.M., Thursday, August 13, 1987, to discuss comparable worth pay equity for employees. Seconded by Councilmember Wasiluk. Ayes - all. 7. Council Salaries a. Councilmember Juker moved first reading of an ordinance to increase the council salaries effective January of 1988. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Juker and Wasiluk Nays - Mayor Greavu and Councilmember Bastian. Councilmember Anderson moved to extend the meeting past the deadline. Seconded by Mayor Greavu. Ayes -all.. 8. Flood Problems a. Director of Public Works Haider explained the flooding probelms at 1613 Sandhurst Drive. b. Council directed the health officer and building official to investi- gate the safety of the dwelling. 9. Change Order a. Councilmember Bastian moved to approve Change Order No. 2 to Project 86-03B in the amount of $7000.00 for the contractor to grade Geranium Park on a time and material basis. b. Councilmember Bastian moved to approve Change Order No. 2 for Project 86-03B in the amount of $7000.00 for the grading of Geranium Park. Seconded by Mayor Greavu. Ayes - all. "'K. COUNCIL PRESENTATIONS 1. East Community Family Service a: Councilmember Bastian updated the Council regarding the East Community Family Service. - 21 - 7/27 Keeting adjourned at 11:00 P.M. to reconvene at 4:30 P.M., Thursday, July 30, 1987. July 27, 1987 Meeting reconvened at 4:30 P.M., Thursday, July 30, 1987. Roll Call John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present K. COUNCIL PRESENTATIONS (Continued) 2. Power Outages a. Councilmember Bastian stated his area was experiencing numerous power outages. b. Staff answered Mr. Bastian's questions. 3. N.A.P.A. a. Councilmember Bastian stated he felt N.A.P.A, had made every attempt to remove the blue paint from their building. He requested N.A.P.A, be allowed to use their National Logo color. b. No action taken. Item to be on August 10, 1987 Agenda. 4. Recycling Solid Waste Committee Meeting a. Councilmember Wasiluk was asked by the Committee to establish a meeting with the Council, Ramsey County Commissioners Hal Norgard and Warren Schaeber and the Recycling Solid Waste Committee. She wondered if Council was in- terested. b. Meeting established August 6, 1987, at 6:00 P.M. in Conference Room A. 5. House on Beam - Frattalone Property a. Councilmember Wasiluk stated she had her questions answered previously. Councilmember Anderson moved to waive the Rules of Procedure and add Council Rules of Procedure to the Agenda. Seconded by Mayor Greavu. Ayes - all. 6. Rules of Procedure a. Councilmember Anderson moved that the Council Rules of Procedures be placed on the August 10, 1987 Agenda. Seconded by Mayor Greavu. Ayes - all. L. ADMINISTRATIVE PRESENTATION None. - 22 - 7/27 M. ADJOURNMENT 5:47 P.M. City Clerk - 23 - 7/27