Loading...
HomeMy WebLinkAbout08-25-2014 City Council Meeting MinutesAugust 25, 2014 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, August 25, 2014 Council Chambers, City Hall Meeting No. 15-14 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:05 p.m. by Mayor Slawik. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA F4 Water Bottle Reduction Project N1 Environmental Natural Resource Commission N2 Dispatch Policy N3 Parks & Recreation Brochure N4 Parks & Recreation Update N5 Cable Commission Update N6 Domestic Violence Prosecution Meeting N7 ALS Ice Bucket Challenge Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of August 11, 2014 City Council Workshop Minutes Councilmember Juenemann moved to approve the August 11, 2014 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of August 11, 2014 City Council Meeting Minutes August 25, 2014 City Council Meeting Minutes 2 Councilmember Juenemann noted a change to minutes item E2, should read “Councilmember Cardinal moved to approve the July 28, 2014 City Council Meeting Minutes as submitted”. Also minutes item F1 should read “…gave a brief report on upcoming legislative activities…” Councilmember Juenemann moved to approve the August 11, 2014 City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen Ayes – Mayor Slawik, Council Members Cardinal, Juenemann and Koppen Abstain – Councilmember Abrams The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Fire Department Swearing in Ceremony Fire Chief Lukin introduced new Fire Fighters to be sworn in and City Clerk Haag then administered the oath. 2. Approval of Proclamation Designating September as Hunger Action Month Councilmember Juenemann gave a brief introduction, and then Mayor Slawik read the Proclamation. Councilmember Juenemann listed the four locations that food can be dropped off. Councilmember Juenemann moved to approve the Proclamation Designating September as Hunger Action Month. Proclamation September is Hunger Action Month WHEREAS, hunger and poverty are issues of grave concern in the United States, the State of Minnesota and the City of Maplewood; and WHEREAS, the City of Maplewood is committed to taking steps to raise awareness about the need to combat hunger in every part of our city and to provide additional resources that citizens of Maplewood need; and WHEREAS, the City of Maplewood is committed to working with Second Harvest Heartland in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, more than one in 10 individuals in Minnesota rely on food provided by Second Harvest Heartland and Minnesota’s Feeding America Food Banks annually; and WHEREAS, Second Harvest Heartland distributed more than 83 million pounds August 25, 2014 City Council Meeting Minutes 3 of food in 2013 through its network of food pantries, soup kitchens, shelters and other community organizations; and WHEREAS, food banks across the country, including Second Harvest Heartland – will host numerous events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community; NOW, THEREFORE, I, Mayor Nora Slawik do hereby recognize September, as HUNGER ACTION MONTH in our CITY OF MAPLEWOOD and I call this observance to the attention of our citizens. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Review of Commission & Board Reappointment Assessments a. Resolution for Reappointment Mayor Slawik gave the staff report. Interim City Manager Coleman answered questions of the council and counted the reappointment ballots. Councilmember Koppen moved to approve the Resolution Reappointing Warren Wessel to the Housing & Economic Development Commission. Resolution 14-8-1110 Be it resolved that the City Council of Maplewood, Minnesota: Hereby appoints the following individual, who the Maplewood City Council has reviewed, to serve on the following commission: Housing & Economic Development Commission Warren Wessel, term expires 9/30/2017 Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Water Bottle Reduction Project Councilmember Juenemann gave the report and then handed water bottles out to the council to use while at City Hall. G. CONSENT AGENDA Councilmember Abrams requested questions for consent agenda item G3. Councilmember Juenemann requested a question for consent agenda items G4 and G7. Mayor Slawik requested consent agenda items G6 and G9 be highlighted. Councilmember Juenemann moved to approve consent agenda items G1-G9. August 25, 2014 City Council Meeting Minutes 4 Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 1,141,302.61 Checks # 93080 thru # 93101 dated 08/12/14 $ 549,144.97 Disbursements via debits to checking account dated 08/04/14 thru 08/08/14 $ 714,994.07 Checks # 93102 thru # 93154 dated 08/19/14 $ 279,607.55 Disbursements via debits to checking account dated 08/11/14 thru 08/15/14 $ 2,685,049.20 Total Accounts Payable PAYROLL: $ 532,225.38 Payroll Checks and Direct Deposits dated 08/15/14 $ 874.20 Payroll Deduction check # 9990131thru # 999990133 dated 08/15/14 $ 533,099.58 Total Payroll $ 3,218,148.78 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of a Temporary Lawful Gambling Permit for the Good Samaritan Society –Maplewood, 550 Roselawn Avenue E Councilmember Juenemann moved to approve the Temporary Gambling Permit for Good Samaritan Society, 550 Roselawn Avenue E. to be used for their annual turkey raffle to be held on Thursday, November 20, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of Resolution Directing Modification of Existing Construction August 25, 2014 City Council Meeting Minutes 5 Contract, Change Order 6 - PDEP Phase 3 IT Director Fowlds gave additional information and answered questions of the council. Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order 6 – Police Department Expansion Project, Phase 3 in the amount of $24,377. Resolution 14-8-1111 Directing Modification of Existing Construction Contract Police Department Expansion Project – Phase 3, Change Order No. 6 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 3, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 3, Change Order No. 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 6. Adopted by the Maplewood City Council on this 25th day of August 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of a Conditional Use Permit Review – Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive City Planner Martin answered questions of the council. Councilmember Juenemann moved to approve to review the Conditional Use Permit for the Planned Unit Development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year to ensure the dead trees are replaced. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of a Conditional Use Permit Review – Keller Golf Course, 2166 Maplewood Drive Councilmember Juenemann moved to approve to review the Conditional Use Permit for the Keller Golf Course at 2166 Maplewood Drive again in one year or sooner if the owner proposes a major change. August 25, 2014 City Council Meeting Minutes 6 Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of a Conditional Use Permit Review – Bruentrup Heritage Farm, 2170 County Road D Interim City Manager Coleman gave the staff report. Bob Jensen, President of the Maplewood Area Historical Society addressed the council to give additional information. Councilmember Juenemann moved to approve the Maplewood Area Historical Society’s Conditional Use Permit and review it again in one year or sooner if a major change is proposed for the site. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval of a Conditional Use Permit Review, Maplewood Auto Mall, 2525 and 2529 White Bear Avenue City Planner Martin answered questions of the council. Councilmember Juenemann moved to approve to review the Conditional Use Permit for the Maplewood Auto Mall at 2525 and 2529 White Bear Avenue again only if a problem arises or a major change is proposed. Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of Resolution for State Aid Variance, Arkwright-Sunrise Area Improvements, City Project 12-09 Councilmember Juenemann moved to approve the Resolution Requesting a Variance from State Aid Operations Rules for the Arkwright-Sunrise Area Improvements, City Project 12-09. Resolution 14-8-1112 Request for Variance from State Aid Operations Rules – Chapter 8820 – Eligibility or Funding for Arkwright-Sunrise Area Improvements, City Project 12-09, S.A.P. 062-030-018. WHEREAS, the City of Maplewood initiated a local neighborhood improvement project, the Arkwright-Sunrise Area Improvement Project, City Project 12-09, and WHEREAS, the City of Maplewood proposed to make concrete and bituminous walk improvements along County Road B and concrete walk improvements along Edgerton Street as part of the Arkwright-Sunrise Area Improvement Project, City Project 12-09, and August 25, 2014 City Council Meeting Minutes 7 WHEREAS, County Road B, between Edgerton Street and Interstate 35E, and Edgerton Street, between County Road B and Highway 36, is maintained under the jurisdiction of Ramsey County, and WHEREAS, the City of Maplewood is requesting partial funding for said improvements from Ramsey County under the County’s cost participation policy, and WHEREAS, Ramsey County seeks to utilize State Aid funding for their portion of the costs of said improvements along County Road B and Edgerton Street, and WHEREAS, the City of Maplewood opened bids in advance of receiving state aid approval of final plans and specifications for the Arkwright-Sunrise Area Improvement Project, City Project 12-09, S.A.P. 062-030-018, and WHEREAS, said approval is required by State Aid Rules Chapter 8820.2800 subpart 2 to be eligible for State Aid funding, and WHEREAS, it was necessary to open bids early to advance the remainder of the Arkwright-Sunrise Area Improvement Project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City Council hereby requests a variance from said rules and directs the City Engineer to work with the State Aid Variance Committee and explain the need for a variance and the reasons why the project was let before State Aid approval was given. BE IT FURTHER RESOLVED, BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City of Maplewood hereby indemnifies, saves and hold harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim arising as a result of the granting this variance. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of School Resource Officer Contract Between the City of Maplewood and Independent School District 622 Police Chief Schnell gave the staff report. Councilmember Juenemann moved to approve the Agreement between The City of Maplewood and North St. Paul-Maplewood-Oakdale School District 622 for School Resource Officer Services and that the Finance Director be authorized to make any necessary budget adjustments. Seconded by Councilmember Koppen Ayes – All August 25, 2014 City Council Meeting Minutes 8 The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS 1. Approval of Updates to Alarm System Ordinance – Second Reading Police Chief Schnell gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Second Reading of the updated Alarm Ordinance replacing all current elements of Chapter 4 with the exception of Section 4-73 pertaining to vehicle alarms. ORDINANCE 941 ALARM ORDINANCE The purpose of this ordinance is to establish reasonable expectations of alarm users; to incent owners of alarm systems to have properly working systems to effectively perform as intended; to reduce the number of false alarms, which results in City services being used to respond to unnecessary alarms; and provide added benefit to property owners by maintaining up-to-date information relating to alarm systems. SECTION 1: DEFINITIONS The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Alarm Administrator means a person or persons designated by the City to administer, control and review false alarm reduction efforts and administers the provisions of this ordinance. Alarm Company means a person subject to the licensing requirements, and/or a company engaged in selling, leasing, installing, servicing or monitoring alarm systems; this person shall be licensed in compliance with State laws. Alarm permit means a permit issued by the City of Maplewood allowing the operation of an alarm system within the City of Maplewood. Alarm signal means any signal audible, visual, or electronically transmitted to a monitoring facility, generated by an alarm system, to which law enforcement is requested to respond. Alarm system means any single device or assembly of equipment designed to signal the occurrence of an illegal or unauthorized entry or other activity requiring immediate attention and to which law enforcement is requested to respond, but does not include motor vehicle or boat alarms, fire alarms, domestic violence alarms, or alarms designed to elicit a medical response. Alarm user means any person, corporation, partnership, proprietorship, governmental or educational entity or any other entity owning, leasing or operating an alarm system, or on whose premises an alarm system is maintained for the protection of such premises. August 25, 2014 City Council Meeting Minutes 9 Automatic dial protection device means an automatic dialing device or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically initiates to the Maplewood Police Department a recorded message or code signal indicating a need for law enforcement response. Cancellation means the process where response is terminated when the alarm company (designated by the alarm user) notifies the Maplewood Police Department that there is not an existing situation at the alarm site requiring police response after an alarm dispatch request. If cancellation occurs prior to police arriving at the scene, this is not a false alarm for the purpose of establishing a penalty fee, and no penalty fee will be assessed. City means the City of Maplewood or its agent. False alarm means the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation, or the negligence of the alarm user, his/her employees or agents, and signals activated to summon law enforcement personnel unless law enforcement response was cancelled by the alarm user or his/her agent before law enforcement personnel arrive at the alarm location. An alarm is false within the meaning of this article when, upon inspection by the Maplewood Police Department, evidence indicates that no unauthorized entry, robbery, or other such crime was committed or attempted in or on the premises which would have activated a properly functioning alarm system. Notwithstanding the foregoing, a false alarm shall not include an alarm which can reasonably be determined to have been caused or activated by unusually violent conditions of nature nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user. Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and is not monitored by a remote monitoring facility, whether installed by an alarm company or user. Runaway alarm means an alarm system that produces repeated alarm signals that do not appear to be caused by separate human action. The Maplewood Police Department may in its discretion discontinue police responses to alarm signals from what appears to be a runaway alarm. Verify means an attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm user by telephone and/or other electronic means, whether or not actual contact with a person is made, to attempt to determine whether an alarm signal is valid before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this ordinance, telephone verification shall require, as a minimum that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid before requesting law enforcement dispatch. SECTION 2: ALARM PERMIT (a) Permit required; term. No person shall use an alarm system without first obtaining a permit for such alarm system from the City. A fee may be required for the initial registration and annual renewals. Each alarm permit shall be assigned a unique permit number, and the user shall provide the permit number to the alarm company to facilitate law enforcement dispatch. It is the responsibility of the alarm user to obtain the required permit through whichever methods or processes are required by the City of Maplewood. Upon proper application and registration a permit shall be issued and valid for the remainder of the year expiring on December 31 annually. When a new permit is issued after August 1of any year said permit shall be valid until expiring on December 31 of the August 25, 2014 City Council Meeting Minutes 10 following calendar year. Alarm system users must apply for renewal of their issued permit at least 14 days before the existing alarm permit expires. (b) Alarm permit; renewal. Alarm system users currently operating permitted alarm systems on the effective date of this section shall have said alarm permit expire on April 30, 2014. Thereafter renewal of alarm permits will be done annually with an effective date of January 1. Any alarm system user not currently permitted shall obtain a permit within 30 days of the effective date of this section. New alarm system users shall have 30 days following installation of new system to make application for an alarm permit. Alarm system users more than thirty (30) days delinquent in renewing an existing alarm permit and alarm system users more than (45) forty-five days delinquent in obtaining an alarm permit shall be charged and shall pay a fee as set by ordinance. (c) Exemption. An alarm system user which is a political subdivision of the federal or state government, including City and County and school districts, shall not be subject to the provisions of this ordinance. (d) Application. The permit shall be requested on an application form or through web access as may be provided by the City. An alarm user has the duty to obtain an application from the City. (e) Transfer of possession. When the possession of the premises at which an alarm system is maintained is transferred, the person (user) obtaining possession of the property shall file an application for an alarm permit within 30 days of obtaining possession of the property. Alarm permits are not transferable. (f) Reporting updated information. Whenever the information provided on the alarm permit application changes, the alarm user shall provide correct information to the City within 30 days of the change. In addition, upon renewal each year after the issuance of the permit, permit holders will receive from the City a form requesting updated information. The permit holder shall complete and return this form to the City when any of the requested information has changed; failure to comply will constitute a violation and may result in a civil penalty. The following information is required: 1. Accurate and complete contact information for alarm system users(s) and designated contact person(s), including names, addresses, and phone numbers. 2. The physical address and location within the building where the alarm system is installed and maintained. 3. The type and brand name of the alarm system installed and/or used. 4. The business name, address and phone number of the installer of the alarm system. 5. The name, address, and phone number of the alarm company monitoring the system. 6. A declaration that the alarm system does not utilize an automatic dialing device. (g) Multiple alarm systems. If an alarm user has one or more alarm systems protecting two or more separate structures having different addresses and/or tenants, a separate permit shall be required for each structure and/or tenant. SECTION 3: DUTIES OF THE ALARM USER (a) Maintain the premises and the alarm system in a method that will reduce or eliminate false alarms; and (b) Provide the alarm company the permit number. August 25, 2014 City Council Meeting Minutes 11 (c) Must respond or cause a representative to respond to the alarm system’s location within thirty (30) minutes when notified by the Maplewood Police Department to deactivate a malfunctioning alarm system. (d) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report or to perform routine maintenance as prescribed by alarm system provider. (e) An alarm user must obtain a new permit and pay any associated fees if there is a change in address or ownership of a business or residence. (f) The alarm registration permit shall be conspicuously displayed upon the premises where the alarms system is located and readily visible from the exterior thereof. SECTION 4: DUTIES OF THE ALARM COMPANY (a) Any person engaged in the alarm business in the city/county, shall comply with the following: 1. Obtain and maintain the required Technology System Contractors License, issued by the State of Minnesota. 2. Be able to provide the most current contact information for the alarm user. (b) Prior to activation of the alarm system, the alarm company must provide instructions explaining the proper operation of the alarm system to the alarm user. (c) An alarm company performing monitoring services shall: 1. Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone verification shall require, as a minimum that a second call be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid, EXCEPT in the case of a panic or robbery-in- progress alarm, or in cases where a crime-in-progress has been verified by video and/or audible means. 2. 2 Provide alarm user permit number to the communications center to facilitate dispatch and/or cancellations. 3. Communicate any available information about the alarm. 4. Communicate a cancellation to the Maplewood Police Department through the communications center as soon as possible following a determination that response is unnecessary. SECTION 5: PROHIBITED ACTS (a) It shall be unlawful to activate an alarm system for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to cause a false alarm. (b) It shall be unlawful to install, maintain, or use an audible alarm system which can sound continually for more than 20 minutes. (c) It shall be unlawful to install, maintain, or use an automatic dial protection device that reports, or causes to be reported, any recorded message to the Maplewood Police Department. (d) It shall be unlawful for an alarm system user to operate an alarm system without August 25, 2014 City Council Meeting Minutes 12 a current alarm permit issued for the alarm system under this section. When the Police Department responds to an alarm or signal from an alarm system at a location for which there is no current permit issued, the Police Department may issue a citation to the alarm system user for violation of this section. Alarms system users more than 60 days delinquent in renewing their alarm system permit shall be considered to be using an alarm system without an alarm system permit in violation of this section. Any person or responsible party who violates any provision of this ordinance is subject to the penalty as provided under Sec. 1- 15 of the City Code. SECTION 6: ENFORCEMENT OF PROVISIONS (a) Excessive false alarms/Failure to register fees. It is hereby found and determined that three or more false alarms within a permit year is excessive, constitutes a public nuisance, and shall be unlawful. Penalty fees for false alarms within a permit year may be assessed against an alarm user as provided and published in City established fee schedule. Alarm system users who have been found to be operating an alarm system without a permit for more than 45 days but less than 90 days shall be assessed late penalty fee as provided and published in City established fee schedule. Alarms system users found to be operating an alarms system for more than 90 days shall be assessed a failure to register fee as published in City established fee schedule. (b) Payment of Penalty Fees. Penalty fees shall be paid within 30 days from the date of the invoice. (c) Certification of Fee. Any fees not paid within 30 days after a notice of delinquency is sent to the alarm system user may be certified to the county auditor in the county in which the alarm system user owns real property as provided by Minnesota Statutes 366.012, or any amendments thereto, and the fees shall then be collected together with property taxes levied against the property owned by the alarm system user. (d) Violation as Penal Offense. Any person or responsible party fails to obtain and/or renew a permit within 180 days may be subject to the penalty as provided under Sec. 1-15 of the Code of Ordinances. SECTION 8: APPEALS (a) Appeals process. Assessments of penalty fees and related false alarm determinations made under this ordinance may be appealed by filing a written notice of appeal with the Maplewood Police Department within 10 days after the date of notification of the assessment of fees. The Police Chief is authorized to determine a waiver of the penalty fee when upon review and consideration it is reasonably determined that the false alarm penalty resulted from: 1. An electrical storm, tornado, or other act of God when there is evidence of damage to or disruption of alarm system operations. 2. Intermittent disruption of telephone service and/or circuits beyond the control of the alarm system owner. 3. Caused by electrical power disruption or failure in excess of two hours beyond the control of the alarm system owner. 4. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalty fees. Appeals shall be heard through an administrative process established by the City. August 25, 2014 City Council Meeting Minutes 13 The hearing officer's decision is subject to review in the district court by proceedings in the nature of certiorari. (b) Appeal standard. The hearing officer shall review an appeal from the assessment of penalty fees or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of penalty fees, the hearing officer shall have the discretion to dismiss or reduce penalty fee. SECTION 9: CONFIDENTIALITY In the interest of public safety, all information contained in and gathered through the alarm registration applications, no response records, applications for appeals and any other alarm records shall be held in confidence by all employees and/or representatives of the City. SECTION 10: GOVERNMENT IMMUNITY Alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user acknowledges that the Maplewood Police Department response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history. SECTION 11: SEVERABILITY The provisions of this ordinance are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision. This ordinance shall take effect on August 25, 2014. Fees: Third false alarm in permit term $50.00 Fourth false alarm in permit term $100.00 Fifth, sixth and seventh false alarm in permit term $200.00 each Eighth and ninth false alarm in permit term $400.00 each Tenth and over false alarms in permit term $500.00 each Failure to Register $200.00 Late Registration $50.00 Seconded by Councilmember Koppen Ayes – All The motion passed. J. NEW BUSINESS August 25, 2014 City Council Meeting Minutes 14 1. Approval of the Following Requests for LCS Lawn Service Inc at the Former Maplewood Fire Station, 1177 Century Avenue: a. Approval of a Resolution for a Comprehensive Plan Amendment b. Approval of a Resolution for a Conditional Use Permit for Exterior Storage City Planner Martin gave the staff report. Planning Commissioner Allan Ige addressed the council and gave the report from the planning commission. Jeff Meyer, applicant from LCS Lawn Service addressed and answered questions of the council. Councilmember Koppen moved to approve the resolution adopting a comprehensive land use plan amendment from G (government) to C (commercial) for 1177 Century Avenue North. Approval is based on the following reasons: 1. The property is presently dormant and is proposed to be sold to and utilized by a private business which would be compatible with a land use classification of C (commercial). 2. The site is already zoned business commercial which is compatible with the land use designation of C (commercial) and the other commercial properties to the south. This action is subject to the approval of a comprehensive plan amendment by the Metropolitan Council. Resolution 14-8-1113 Comprehensive Plan Amendment WHEREAS, Jeff Meyer, of LCS Lawn Service, has requested a change to the City of Maplewood’s land use plan from G (government) to C (commercial) for consistency between the plan and actual use of the land. WHEREAS, this change applies to the property located at 1177 Century Avenue North. The property identification number is: 25-29-22-11-0059 WHEREAS, the history of this change is as follows: 1. On August 19, 2014, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On August 25, 2014 the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above described change for the following reasons: 1. The property is presently dormant and is proposed to be sold to and utilized by a private business which would be compatible with a land use classification of C August 25, 2014 City Council Meeting Minutes 15 (commercial). 2. The site is already zoned business commercial which is compatible with the land use designation of C (commercial) and the other commercial properties to the south. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Council approved this resolution on August 25, 2014. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the Resolution Approving a Conditional Use Permit for exterior storage at 1177 Century Avenue. The storage area will be located directly west of the building. Approval is subject to the findings required by ordinance and subject to the following conditions: 1. All exterior storage must be contained to the area indicated by the site plan, date- stamped July 21, 2014. Staff may approve minor changes. 2. The city council shall review this permit in one year. 3. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The proposed fence must be 100 percent opaque and be built with either cedar boards or a maintenance-free vinyl material. 5. Broken or knocked down fence portions shall be repaired. 6. Comply with the building permit requirements of the city’s building inspection department. 7. The applicant shall work with the building official, fire marshal and environmental planner to ensure compliance with applicable codes. 8. The open area to the north of the building shall not be used for any exterior storage purposes. 9. Any future changes to the site or building will require design review by the city. Resolution 14-8-1114 Conditional Use Permit WHEREAS, Jeff Meyer, of LCS Lawn Service, has applied for a conditional use permit for exterior storage within the business commercial zoning district for a lawn service business; WHEREAS, this permit applies to the property located at 1177 Century Avenue North. The property identification number is: August 25, 2014 City Council Meeting Minutes 16 25-29-22-11-0059 WHEREAS, the history of this conditional use permit is as follows: 1. On August 19, 2014, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit. 2. On August 25, 2014 the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. All exterior storage must be contained to the area indicated by the site plan, date- stamped July 21, 2014. Staff may approve minor changes. 2. The city council shall review this permit in one year. August 25, 2014 City Council Meeting Minutes 17 3. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The proposed fence must be 100 percent opaque and be built with either cedar boards or a maintenance-free vinyl material. 5. Broken or knocked down fence portions shall be repaired. 6. Comply with the building permit requirements of the city’s building inspection department. 7. The applicant shall work with the building official, fire marshal and environmental planner to ensure compliance with applicable codes. 8. The open area to the north of the building shall not be used for any exterior storage purposes. 9. Any future changes to the site or building will require design review by the city. The Maplewood City Council approved this resolution on August 25, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Agreement with Zuercher Technologies for a Police Records Management System Police Chief Schnell gave the staff report and answered questions of the council. Councilmember Juenemann gave additional information and answered additional questions of the council. Councilmember Cardinal moved to approve the City Manager finalize and execute the police records management system purchase agreement between the City of Maplewood and Zuercher Technologies not to exceed $235,325.00. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of an On-Sale Intoxicating Liquor License for Jammin’ Wings LLC, 1900 County Road D East City Clerk Haag gave the staff report. Christy Brown, co-owner of Jammin’ Wings addressed the council to answered questions and give additional information. Councilmember Cardinal moved to approve the On-Sale Intoxicating Liquor License for Jammin’ Wings LLC located at 1900 County Road D East. August 25, 2014 City Council Meeting Minutes 18 Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS 1. Approval of Bid and Award of Contract for the Replacement of the HVAC Unit at the Maplewood Community Center Finance Director Bauman gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the award of bid contract for the replacement of the HVAC/Dehumidifier Unit at the Maplewood Community Center to Cool Air for $509,800 and authorize the Mayor and City Manager to sign the contract. Seconded by Councilmember Abrams Ayes – All The motion passed. L. VISITOR PRESENTATION 1. John Wykoff, Maplewood Resident 2. Jim Price, Representative from Mitsubishi 3. Bob Zick, North St. Paul Resident M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update Interim City Manager Coleman gave the update to the council calendar. N. COUNCIL PRESENTATIONS 1. Environmental Natural Resource Commission Councilmember Juenemann reported on the ENRC meeting she attended last Monday evening. 2. Dispatch Policy Councilmember Juenemann gave a report on the Dispatch Policy Meeting she attended last week. 3. Parks & Recreation Brochure Councilmember Juenemann reported that she was quite impressed with the current Parks & Recreation Brochure issue and the amount of programs in it. 4. Parks & Recreation Update August 25, 2014 City Council Meeting Minutes 19 Councilmember Abrams encouraged residents to participate in the Maplewood Movie Nights offered through the Parks & Recreation Department. She also informed residents about the Parks & Recreation Department 5K Fun Run that will take place next month. She then reported on the Parks and Recreation Commission meeting she attended this month. She further reported on a meeting she and staff had attended with the White Bear Lake Area Chamber of Commerce regarding partnering with them to put on several different types of events. 5. Cable Commission Update Councilmember Abrams gave a report on the Cable Commission’s By-Laws Committee she attended this last month. 6. Domestic Violence Prosecution Meeting Mayor Slawik reported on the Domestic Violence Meeting about a pilot program she and other staff members attended. Police Chief Schnell and City Attorney Kantrud gave additional information. 7. ALS Ice Bucket Challenge Mayor Slawik talked about the ALS Ice Bucket Challenge she participated in. She also informed staff that the Maplewood Mall will be participating in the challenge and asked interested staff members to participate. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:05 p.m.