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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.