HomeMy WebLinkAbout04-26-1999 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, April 26, 1999
Council Chambers, Municipal Building
Meeting No. 99-09
A. CALL TO ORDER:
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
George F. Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Present
D. APPROVAL OF MINUTES:
Councilmember Carlson moved to approve the Minutes of Meeting 98-08 (April 12,1999) as
presented.
Seconded by Councilmember Allenspach Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Carlson moved to approve the Agenda as amended.
Remove K-3. City Hall Security System
Add M-1. Mayor's Mailbox
Seconded by Councilmember Koppen Ayes -all
F. APPOINTMENTS/PRESENTATIONS
NONE
G. CONSENT AGENDA:
Councilmember Kittridge moved to approve the Consent Agenda.
Seconded by Councilmember Carlson Ayes -all
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 99,374.52 Checks #7857 - #7870, dated 4-1 thru 4-8-99
$ 138,212.37 Checks #43120 - #43253, dated 4-13-99
$ 102,471.30 Checks #7871 - #7872, dated 4-9 thru 4-13-99
4-26-99 1
$ 65,860.78 Checks #43256 - #43352, 4-20-99
$ 405,918.97 Total Accounts Payable
PAYROLL: $ 288,062.42 Payroll Checks and Direct Deposits dated 3-19-99
$ 21,890.01 Payroll Deduction Check #71 425 - 71 434, 3-19-99
$ 402,619.46 Payroll Checks and Direct Deposits dated 4-16-99
$ 21,832.68 Payroll Deduction Check #71940 - 71948,dated 4-16-99
$ 734,404.57 Total Payroll
$ 1140,323.54 ,GRAND TOTAL
2. Individual Personal Service License -Mary Ann Abts at Salon Nostalgia
Approved Mary Ann Abts for an individual personal service license to be used at Salon Nostalgia,
1690 N. McKnight Road.
3. Change of Manager Intoxicating Liquor License -Brian Meyer at The Bird
Approved a intoxicating liquor license for Brian H. Meyer at The Bird, 3035 White Bear Avenue.
4. Resolution Vacating Outstanding Assessments
Approved the following resolution vacating outstanding assessments:
99-04-024
RESOLUTION VACATING OUTSTANDING ASSESSMENTS
WHEREAS, the City has levied assessments pursuant to Minn. Stat. Ch. 429.
WHEREAS, the land is legally described as:
PARCEL DESCRIPTION ASSESSMENT AMOUNT
SECTION 3 TOWN 29 RANGE 22 $ 4,049.32
EXE318.15FT;THES100
FT OFN912FT;E910FT
ALSO EX N 912 FT; E 544 FT
ALL IN THE NE 1/4 OF SE 1/4
(SUBJ TO RDS AND ESMTS) IN
SEC 3 TN 29 RN22
SECTION 4 TOWN 29 RANGE 22 $ 32.60
SUB TO SDENED STH 61/1
PART OF S 80 FT OF N 827 FT
OF SE 1/4 OF SE 1/4 WLY OF
CL OF SD STH IN
SEC4TN29RN22
SECTION 4 TOWN 29 RANGE 22 $ 7.26
SUB TO WIDENED STH 61/1
PART OF N 85 2/10 FR OF S
490 2/10 FT OF SE 1/4 OF SE
1/4 WLY OF CL OF SD STH IN
SEC4TN29RN22
REGISTERED LAND SURVEY 477 $ 1.76
TRACT D
4-26-99 2
MAPLELEAF ESTATES $ 30.10
OUTLOT A
MAPLELEAF ESTATES $ 1.22
OUTLOT B
CRESTVIEW THIRD ADDITION $ 404.76
SUBJ TO ESMT; OUTLOT A
CRESTVIEW THIRD ADDITION $ 404.76
SUBJ TO ESMT; OUTLOT B
MAPLEWOODS ESTATES $ 3,378.38
2 ADDITION
OUTLOT A
CAVES NEBRASKA ADDITION $ 51.99
OUTLOT E
OAKRiDGE ESTATES $ 2,965.22
OUTLOT A
KOHLMAN LAKE OVERLOOK NBO. 4 $ 2,165.16
EX S 15 FT; LOT 9 NBLK 2
TOTAL $ 13,492.53
WHEREAS, as a result of said levied assessments, the amount of assessments are
approximately $13,429.53.
NOW, THEREFORE BE IT RESOLVED:
That the City hereby vacates the assessments in the amount of $13,429.53 on the Tracts described
herein. The City hereby waives the requirement of Minn. Stat 429.071,Subd.2 with respect to Notice
of Hearing concerning the assessments on said parcels.
5. A-Gem Auto Sales Conditional Use Permit Review (2720 Maplewood Drive)
Review the Conditional Use Permit at 2720 Maplewood Drive again in five years.
6. 1999 Minnesota COPS Grant Authorizing Resolution
Approved the following resolution authorizing the Police Department to enter into a grant agreements
with the State of Minnesota for the purpose of receiving and expending funds award under the title,
FY99 COPS Overtime Grant; and that the Chief of Police is authorized to sign the grant agreement
and related documents for, and on behalf of, the City of Maplewood.
RESOLUTION
99-04-025
WHEREAS, the Maplewood Police Department has successfully applied for a grant of
$10,000 (ten thousand dollars) from the State of Minnesota under a program know as FY99 COPS
Overtime; and.
WHEREAS, release of the grant funds requires a motion of the Council, authorizing the
Maplewood Police Department to enter into a grant agreement with the State of Minnesota; and,
WHEREAS, receipt of said funds further requires a motion of the Council authorizing the
Chief of Police to sign the grant agreements and related documents for, and on behalf of, the city;
THEREFORE, BE IT RESOLVED that the Council does hereby authorize the Maplewood
Police Department to enter into a grant agreement withe the State of Minnesota for the purpose
accepting and expending funds awarded under the FY99 COPS Overtime Grant Agreement for the
purpose stated, and in conformance with the conditions specified, in said grant agreement; and,
4-26-99 3
BE IT FURTHER RESOLVED that the Council does also hereby authorize and direct the
Maplewood Chief of Police to sign the grant agreements and related documents for, and on behalf of,
the city of ;Maplewood and the Maplewood Police Department.
H. PUBLIC HEARINGS:
1. 7:05 P.M. Burr Street Right-of-Way Vacation (south of Kingston Avenue)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Community Development Director Coleman presented the specifics of the
report.
d. Commissioner Paul Mueller presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents or
opponents. The following person was heard:
Wayne Hurley, 1720 De Sota Street, Applicant
f. Mayor Rossbach closed the public hearing.
Councilmember Kittridge moved/introduced the following Resolution and moved its adoption:
99-04-026
VACATION RESOLUTION
WHEREAS, Wayne Hruby and Nancy Duff-Hruby applied for the vacation of the following-described
street right-of-way:
The part of the Burr Street right-of-way that is between the south right-of-way of Kingston Avenue
and the north right-of-way of State of Minnesota DNR Trail (the former railroad right-of-way) in Kings
Addition to the City of Saint Paul, in Section 17, Township 9, Range 22.
WHEREAS, the history of this vacation is as follows:
1. On April 5, 1999, the planning commission recommended that the city council approve the vacation.
2. On April 26, 1999, the city council held a public hearing. The city staff published a notice in the
Maplewood Review and sent a notice to the abutting property owners. The council gave everyone
at the hearing a chance to speak and present written statements. The council also considered
reports and recommendations from the city staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to the
following abutting properties:
1. Lots 19-22, Block 6, Kings Addition to the City of Saint Paul, in Section 17, Township 29, Range 22.
2. Lots 14-18, Block 6, Kings Addition to the City of Saint Paul, in Section 17, Township 29,
Range 22.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation.
Seconded by Councilmember Allenspach Ayes -all
4-26-99 4
Time Restraints move to J-1.
Mayor Rossbach congratulated Char Brooker -Environmental Award
2. 7:15 P.M. Harvester Avenue Right-of-Way Vacation (south of Stillwater Road)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Community Development Director Coleman presented the specifics of
the report.
d. Commissioner Paul Mueller presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents or
opponents. The following person was heard:
Richard, 2464 Stillwater Raod
f. Mayor Rossbach closed the public hearing.
Councilmember Koppen moved/introduced the following Resolution and moved its adoption:
99-04-027
VACATION RESOLUTION
WHEREAS, the City of Maplewood applied for the vacation of the following-described right-of-way:
The part of the Harvester Avenue right-of-way that is south of Stillwater Road generally known as:
The east 25 feet of the Harvester Avenue right-of-way that is between the south right-of-way of Stillwater
Road and a point 113.75 feet south of the south right-of-way of Stillwater Road in Section 25, Township
29, Range 22.
And more specifically described as follows:
PROPOSED RIGHT OF WAY VACATION DESCRIPTION
That part of Lot 5, Block 3, Bartelmy Acres, Ramsey County, Minnesota, being part of an existing highway
easement as described in Book 1054, Page 314 (Document No. 973230), described as follows:
Commencing at the Southeast corner of said Lot 5; thence North 00 degrees 10
minutes 49 seconds West (bearing based on the Ramsey County Coordinate System,
December 17, 1991 adjustment), alongg the East line of said Lot 5, a distance of
10.00 feet; thence South 88 degrees 53 minutes 38 seconds West, parallel with
the South line of said Lot 5, a distance of 24.95 feet; thence North 25 degrees
26 minutes 42 seconds West, a distance of 76.31 feet to the Point of Beginning of
the parcel of land to be described; thence continuing North 25 degrees 26
minutes 42 seconds West, a distance of 112.81 feet to a point on the Northwesterly
line of said Lot 5 which is 117.10 feet southwesterly of the Northeast corner of
said Lot 5; thence South 64 degrees 17 minutes 08 seconds West, along the North-
westerly line of said Lot 5, a distance of 25.00 feet; thence South 25 degrees
26 minutes 42 seconds East a distance of 115.90 feet; thence northeasterly along
a non-tangential curve concave to the Southeast, an arc length of 25.47 feet,
said curve has a radius of 50.70 feet, a delta angle of 28 degrees 47 minutes
O5 seconds, and the chord of said curve bears North 57 degrees 15 minutes 37
seconds East, a chord length of 25.20 feet to the Point of Beginning. Reserving,
however, a permanent easement for utility purposes over, under and across the
southwesterly 15.00 feet of the above described parcel, described more
particularly as follows: Commencing at a point on the North line of said Lot 5
4-26-99 5
which is 117.10 feet southwesterly of the Northeast corner of said Lot 5; thence
South 64 degrees 17 minutes 08 seconds West, along the Northwesterly line of
said Lot 5, a distance of 10.00 feet to the Point of Beginning of the easement
to be described; thence continuing South 64 degrees 17 minutes 08 seconds West,
along the Northwesterly line of said Lot 5, a distance of 15.00 feet; thence
South 25 degrees 26 minutes 42 seconds East, a distance of 115.90 feet; thence
northeasterly along anon-tangential curve concave to the Southeast, an arc
length of 15.45 feet, said curve has a radius of 50.70 feet, a delta angle of
17 degrees 27 minutes 42 seconds, and the chord of said curve bears North
51 degrees 35 minutes 56 seconds East a chord length of 15.39 feet; thence
North 25 degrees 26 minutes 42 seconds West, a distance of 112.51 feet to the
Point of Beginning. Said vacated parcel contains 2,832 sq. ft. Portion retained
for utility easement contains 1,707 sq. ft.
WHEREAS, the history of this vacation is as follows:
1. On April 5, 1999, the planning commission recommended that the city council approve the vacation.
2. On April 26, 1999, the city council held a public hearing. The city staff published a notice in the
Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the
hearing a chance to speak and present written statements. The council also considered reports and
recommendations from the city staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to the
following abuttingg property:
Part of Lot 4, Block 3, in Bartelmy Acres, lying SWLY of a Line run from a point on a SELY Line of said Lot
4 Dist. 99.5 feet, SWLY from SELY corner of said Lot 4, to a point on NWLY line of Lot 4 a distance 76.15 feet
SWLY from NELY corner of said Lot 4, Block 3 and subject to road; Lot 5, Block 3 in Section 25, Township 29,
Range 22. (PIN 25-29-22-24-0081)
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacations for the following reasons:
1. It is in the public interest.
2. The city and the applicant have no plans to build a street in this location.
3. The adjacent properties have street access.
This vacation is subject to the city keeping utility and drainage easement over the west 15 feet of the east 25
feet of the vacated street right-of-way.
Seconded by Councilmember Kittridge Ayes -all
Time Restraints -Move to K-2.
3. 7:30 P.M. Ameriguard Truck Bed Liner Business Conditional Use Permit (1420 County
Road D)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Community Development Director Coleman presented the specifics of
the report.
d. Commissioner Paul Mueller presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents or
opponents. The following person was heard:
Brendan Curtis, 6595 Guge Lane, Land of Lakes
6
f. Mayor Rossbach closed the public hearing.
Councilmember Koppen moved/introduced the following Resolution and moved its adoption:
99-04-028
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Brendan and Craig Curtis applied for a conditional use permit to operate a
spray-on truck-bed liner business.
WHEREAS, this permit applies to the property at 1420 County Road D East.
The legal description is:
Tract A, Registered Land Survey No. 525, Ramsey County, MN (PIN 03-29-22-22-0013)
WHEREAS, the history of this conditional use permit is as follows:
1. On April 5, 1999, the planning commission recommended that the city council approve this permit.
2. On April 26, 1999, the city council held a public hearing. The city staff published a notice in the paper and
sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to
speak and present written statements. The council also considered reports and recommendations of the
aty staff and planning commission.
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 code of ordinances.
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 generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
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 minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans approved by the city. The director of community development may
approve minor changes.
2. The business must be started within one year of council approval or the permit shall end. The council
may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. There shall not be any outside display or storage of materials, parts or equipment.
5. The applicant shall obtain any necessary permits that may be required by the Minnesota Pollution Control
Agency.
Seconded by Councilmember Allenspach Ayes -all
I. AWARD OF BIDS
NONE
J. UNFINISHED BUSINESS
1. Site Lighting Code Amendment (Second Reading)
a. Manager McGuire introduced the staff report.
b. Community Development Coleman presented the specifics of the
report.
Councilmember Koppen moved/introduced the Second Reading of the following Code Amendment
and moved its adoption:
ORDINANCE NO. 796
AN ORDINANCE AMENDING THE SITE-LIGHTING REQUIREMENTS
FOR MULTI-FAMILY AND NONRESIDENTIAL PROPERTIES
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This amendment changes Section 36-28(C)(1) as follows (additions are underlined and deletions
are crossed out):
(c) The developer of any project, other than single or double dwellings, shall do the following:
(1) Install exterior site pa~kiag-let lighting. The li ht source includin the lens coverin the bulb shall be
concealed ' ' rom any rest en is area or pu is s ree . ig ing s a not
exc~4 eae foot candle of
lig~ht
inten~~sit at a residential property line. Residential areas are areas
plannedused for residentia
pur~se~site-lighting plan shall be submitted for all development
applications that abut residential properties.
Section 2. This ordinance shall take effect after the city publishes it in the official newspaper.
Seconded by Councilmember Allenspach Ayes -all
2. Pleasantview Neighborhood Streets, Project 98-12 -Assessment Appeal
a. Manager McGuire introduced the staff report.
b. City Engineer & Public Works Director Haider presented the specifics
of the report.
Councilmember Koppen recommended denial of the assessment appeal.
Seconded by Councilmember Kittridge Ayes -all
K. NEW BUSINESS
a
1. Harvester Area Streets, Project 98-10 -Approve Plans, Advertise for Bids, Order
Assessment Hearing
a. Manager McGuire introduced the staff report.
b. City Engineer & Public Works Director Haider presented the specifics
of the report.
Councilmember Carlson moved/introduced the following Resolutions and moved there adoption:
99-04-029
RESOLUTION
APPROVING PLANS /ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed byy the city council on March 8, 1999, plans and
specifications for Harvester Area Streets, Project 98-10, have been prepared by (or under the
direction of) the city engineer, who has presented such plans and specifications to the council for
approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such ptans and specifications, acopy of which are attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be published twice, at least ten days
before the date set for bid opening, shall specify the work to be done, shall state that bids will be
publicly opened and considered by the council at 10 a.m., on the 21 st day of May, 1999, at the city
hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a
certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the
amount of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and
read aloud bids received at the time and place herein noted, and to tabulate the bids received. The
council will consider the bids, and the award of a contract, at the regular city council meeting of March
24, 1999
99-04-030
RESOLUTION
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the improvement of the
Harvester Area Streets, City Project 98-10.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land
abutting on the streets affected without regard to cash valuation, as provided by law, and they shall
file a copy of such proposed assessment in the aty office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the
council thereof.
99-04-031
RESOLUTION
ORDERING ASSESSMENT ROLL HEARING
9
WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an
assessment roll for the construction of the Harvester Area Streets, City Project 98-10, and the said
assessment is on file in the office of the city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
I. A hearing shall be held on the 24th day of May, 1999, at the city hall at 7:15 p. m. to pass
upon such proposed assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to
mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general nature of
the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk
and that written or oral objections will be considered.
Seconded by Councilmember Koppen Ayes -all
Moved back to H-2.
2. Engineering Intern Budget Adjustment
a. Manager McGuire introduced the staff report and presented the specifics of the
report.
Councilmember Carlson authorized staff to hire two temporary engineering interns and make the
necessary transfers from the general fund contingency to the engineering division budget in the
amount not to exceed $21,000.
Seconded by Councilmember Koppen Ayes -all
3. City Hall Security System
Removed from the agenda.
4. Selection of Fire Station Construction Manager
a. Manager McGuire introduced the staff report.
b. Chief Hewitt presented the specifics of the report.
Cuncilmember Carlson authorized the City Manager to enter into a contract with Kraus/Anderson is
our construction manager for the proposed fire station.
Seconded by Councilmember Allenspach Ayes -all
5. Schedule Meeting to Review 1998 Annual Financial Report and Audit Reports
a. Manager McGuire introduced the staff report.
io
Councilmember Carlson moved to review the report from Steve Laible of Peat Marwick on May 10th
at 6:30 P.M.
Seconded by Councilmember Kittridge Ayes -all
6. Policy for Disaster Debris Removal
a. Manager McGuire introduced the staff report.
b. Director of Emergency Management Cude presented the specifics of
the report.
Councilmember Allenspach moved to approve the Policy for Disaster Debris Removal.
Seconded by Councilmember Carlson Ayes -all
7. Civil Defense/Emergency Management Ordinance Changes
a. Manager McGuire introduced the staff report.
b. Director of Emergency Management Cude presented the specifics of
the report.
Councilmember Allenspach approved the updated Emergency Management Ordinance.
Ordinance No. 797
Cha ter 11
EMERGENCY MANAGEMENT
Sec. 11-1. Policy and purpose.
Because of the existing a+id-insreasin~ possibility of the occurrence of disasters of unprecedented
size and destruction resulting from ^,h^+,,.° „+h°, h^~+,~°
#re~w fire, flood, °°~'akti,
o~c~o, blizzard destructive winds or other natural causes, or from
'Cross reference - Administration, Ch. 2.
State law reference - Minnesota civil defense act of 1951, M.S. Ch. 12.
11
sabota a hostile action or from hazardous material misha s' and in order to insure that preparations
o is a y wi e a equa e o ea wi suc isas ers, an enerall to rovide for the common
defense and to rotect the ublic eace health and sae an o reserve a Ives an roe of
e peop e o is a y, i is ere y oun an ec are o e necessary:
(1)TO establish a city emergency management aver-may or anization res onsible for
cit lannin and re aration for emer enc overnment o erations in time o
isasters.
2 To prove e or t e exercise o necessary powers uring e_. emergencies an
disasters.
(3)TO provide for the rendering of mutual aid between this city and other political
subdivisions of this state and of other states with respect to the carrying out of
emer enc re aredness functions. (Ord. No. 378, § 601.010, 10-17-74;
Ord No. 565, § 1, 2-27-84; Or No. 631, 7-25-88)
(4)TO comply with provisions of Minnesota Statutes, Chapter 12, Section 12.25, et al,
as amended.
State law reference -Similar provisions, M.S. § 12.02, subd. 1.
Sec. 11-2. Definitions.
m°°nin^c r °^+iv°hi ° ^rih°rf +n +h°m~ '
Emergency management means the preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily responsible, to prevent, minimize
and repair in~ury and damage resulting from disasters caused°~ °++°^L c°h^+,,.° ^r ^+h°r
°„°m., h^~+, ° ^r fr^m fire, flood, p°r+hivi i°L° m°^ r ^+h°r ,,,+„m~ tornado and
other acts of nature or from sabota a hostile action ~ or from industrial hazardous materia
miT
s>a~s.
ese unc ions me u e, wi ou imi a ion, ire i mg services, po ice services, emer enc me Ica
°'^^'arra-neaar"r services, :e~oa~ engineering, ~ ~ warning services, communications, ra io ogical, and
chemical, ^+"°r ,~°f°^~°, evacuation
^~°'e~, con
agate c~ emergency transportation, existing or properly assigned func ions
of plant protection, em orary restoration of public utility services and other functions related to
civil+an protection, together with all other activities necessary or incidental te-pre~axatisn for and-the
carrying out of the foregoing functions. Emer enc mana ement includes those activities sometimes
referred to as "civil defense' functions. r o. - - r o. - -
r o. - -
Disastermeans asituation which creates an immediate im airment to the health and safet of an
erson or a si ua ion w is as resu a in or is i e o resu in oss o roe an or w is
ra i Iona sources o re ie an asses ance wi in e a ec a area are una e o re air or revent the
iniury or oss.
Emer enc means an unforeseen combination of circumstances which calls for immediate action
to preven rom eve oping or occurring.
Emer enc mana ement forces means the total personnel ern{34
resources engage in
^°r^~~^^ cit -level emer enc mana ement functions in accorca~ with the
provisions of this chapter or any ru a or or er ereun er. is includes ersonnel from cit
departments, authorized volunteers, and private organizations an agenaes.
Emer enc mana ement or anization means the staff element res onsible for coordinatin cit -
leve annin an re ara ion or isas er res onse. is or aniza ion rove es a raison an
coor ma ion wi a era sae an oca uns is ions re a eve o isas er re are Hess ac roe res and
assures imp emen a ion o e era an s a e program reguiremen s.
12
Sec. 11-3. llivmc°c Establishment of an emergency management °
organization.
There is hereby created within the city government = •~°f°^^° `nihi^h chill he n~mcrl
+h° ^w.^° ^a an emer enc mana ement or anization which shall be under
the supervision and control of^° ~ e a emer enc mana ement
director, hereinafter called the "director". The director shall be appoin e y e mayor, ra i ie y e
counaf, report administratively to the city manager, shall serve ffor an indefinite term, and shall
receive a salary determined by the council. In ° an emergency he may be removed byy
the mayor summarily or suspended, and at other times he may be removed by the mayor, ratified by
the councl, for cause, after an opportunity to be heard. The director shall serve at a sala
determined b the cit council and shall be aid his/her necessa ex enses. a irec or shall have
irec response i i y or a organiza ion, a minis ra ion an opera ion o e emergency management
agency, subject to the direction and control of the city seuasd mana er. The emergency
management agency shall be organized into such divisions an~s, consistent with state and
local ^^"~~'~„-^'~°-f~°-.;~ emer~enc
p~ns, as the director deems necessary to provide for the efficient
performance of loca emer enc mana ement functions during ° an
emergency. The emergency managemen agency s a perform 'm,„-~.,f°^~°^^° emer
ency
mana
em~ent functions within the aty and in addition shall conduct such functions outside the city as
may be required pursuant to the provisions of the Minnesota civil defense act of 1951, Minnesota
Statutes, Chapter 12, or this chapter. (Ord. No. 378, § 601.030, 10-17-74; Ord. No. 565, § 1, 2-27-84;
Ord. No. 631, 7-25-88)
Sec. 11~. Powers and duties of the director
(b)The director with the consent of theme--~--=-'_'_ city manager,
shall represent the city on any regional or state er F^v
conference for emer enc mana ement. ~Fe The director shall develop proposed mutual aid
agreements wit of er po itica su dives =
=____a= of the state for reciprocal
emer enc mana ement aid and assistance in e~__ an emergency too
great to be deg t wit unassiste and 33e shall present such agreements to the council for
i a~F~_~
its action. Such arrangements sha 1 be consistent with the state e_- emer enc
plan.
: _
ate,.
~ .,.1
c T e erector s a ma e stu ies an surve s o t o manpower, in ustries
resources and facilities of the city as eemed necessary to determine tt
eiTi~
adequacy for e -•"~^F^~~ emer enc mana ement anc~plan for their most efficient use
in time of ~ e'-•"~^F^~~ an emergency or isaster. The director of emer enc mana ement
shall establish the economic stabilization s stems an measures service sta s oar s
an su - oar s re uire in accor ance wit state an e era ans an erections su ect
to approva o t e counci
(d)The director shall prepare a comprehensive ~ eme~ plan for the emergency
rye
ared~ness of the city enc udin munici a and unincor orated areas
and shall present such plan to the council or its approva W en t e counci as approved
the plan by resolution, it shall be the duty of all ci~t agencies and all
emergency preparedness forces of the city to perform the duties and functions
assigned by the plan as approved. The plan may be modified in like manner from time to
time. The director shall coordinate the e =~--,--F---~ emer enc mana ement activities of
the city to the end that they shall be consistent and u y integrate with the e~~
a~F~~~ emeraencv plan of the federal government and the state, and correlated with ~-he
^meraencv plans of other political subdivisions within the state.
(e)In accordance with the state and city emergency mar-~erae-r~~ plan, the director shall
institute such trainin rograms, ar-x~ public information programs and
_a-.__.._ _F ~''a'sas-tom conduct ractice warnin alerts and emer enc exercises as may
be necessary to ~e assure prompt an e ective operation o t e city emer ency
.
plan _F ~ _'~rF_---- - _ r when a disaster occurs. He
c3mm_,
(f)The director shall utilize the personnel, services equipment, supplies and facilities
of existing departments and agencies of the city to tfie maximum extent practicable. The
officers and personnel of all such departments and agencies shall, to the maximum extent
practicable, cooperate with and extend such services and facilities to the ci~t
emergency management acge-r~~ organization and to the governor upon request. The head of
each department or agency in cooperation with __a a'----`------ _F the director
shall be responsible for the planning and programming of such e_:-_'_
a:_F__F__=se emeraencv
13
activities as will involve the utilization of the facilities of ;=T the
department or aaencv.
( )The director shall, in cooperation with existin city departments and agencies
affected, ,
assist in the or anizin recruitin and trainin of such emer enc mana ement
personnel t at may e require on a vo unteer asis to carry er-t out t e emergency
~t plans of the city and~^ state. To the extent that suc~i emergency personnel #-s
are recruited to augment a regular city department or agency for e -•"~^F^~~
emergencies, ~ the shall be assigned to such departments or F^ ~~~w,^^^^ ^F
a encies and sha~e under the administration and z --a m'-^ a'-- - maps.-~-srn-~-ss-ar-ry
control of said department or aaencv.
(h)COnsistent with the state emergency max services law, the director shall
coordinate the activit of munici al emer enc mana ement or anizations within the cit
an assist in esta is in an con uctin trainin ro rams as re uire to assure
emeraencv operatlona capa i itv in t e severa services Minnesota Statutes. C apter 12.
Sec. 12.25 .
(i)The director shall carr out all orders, rules, and regulations issued by the governor
with reference to ^ emeraencv management.
(j)The director shall
act as rinci al aide and
advisor to the cit of icial res onsible for direction and contro o a cit emer enc
o erations urin an emer enc T e coor inator's main res onsi i it is to assure
coor ination amon t e o eratin e artments non overnmenta rou s an wit i her and
a ~acent governments.
(j) Consistent with the emergency maxa~erae-r~~ plan, the director shall provide and equip
at some suitable place in the city a control center and if required by the state e~~
emer plan, an auxiliary control center to e used during tee'- an
emergency as headquarters for direction and coordination of emergency c---'.----.- mana
em~ent
forces. He shall arrange for representation at the control center by municipal epad rtments
and agencies, public utilities an other agencies authorized by federal or state authority
to carry on e--~ _ emer enc mana ement activities uring a~~-__ an
emergency. He shall arrange or t e insta anon at the control center of necessary
facilities for communication with and between heads of -•"~^F^~~ emer enc mana ement
divisions, the stations and operating units of municipalcservices and of er agencies
concerned with emergency management and for communication with other communities and
control centers within the surrounding area and with the federal and state agencies
concerned.
~re~rizz~,
tea~s~
E~~S ~t~a-. ~~`,,.:-_,-a..a -ti.., i-• ~r~~ - --91^x.--~.T~1, ~
(k)The director may dismiss any emergency management volunteer at any time and require
him/her to surrender any equipment and identification furnished by the city.
Sec. 11-5. Local emergencies.
(a)A local emergency mayy be declared only by the city manager and/or mayor, or their
designee. It shall not be continued for a period in excess of three days except by or with
the consent of the governing board of the political subdivision. Any order, or
proclamation declaring, continuing, or terminating a local emergency shall be given prompt
and general publicity and shall be filed promptly by the chief of the local records-
keeping agency of the subdivision.
(b)A declaration of a local emergency shall invoke necessary portions of the response and
recovery aspects of applicable local or inter-jurisdictional disaster plans, and may
authorize aid and assistance thereunder.
(c)NO jurisdictional agency or official may declare a local emergency unless expressly
authorized by the agreement under which the agency functions. However, an inter-
jurisdictional disaster agency shall provide aid and services in accordance with the
agreement under which it functions.
Sec. 11-6. Emergency regulations
14
1~+.-
F aC
a W enever necessary to meet a e~ _ ec are emergencyy or to prepare or suc an
emergency for which adequate regulations have nom adopted by the governor or the city
council, the mayor or his desicnees may by resolution promulgate regulations,
consistent with app ica e ecera or state law or regulation
resrespecting:
' the conduct of personsnand the use of
property during awe ember
enc~ies; the repair, maintenance, and safeguarding of essential
public services; emergency health fire and safety regulations; ~ drills or practice
periods required for preliminary training; and all other matters which are required to
protect public safety, health and welfare in e declared emergencies. Ide
p2F_ _ _ _ T!aC .
~..1 ...4:
Every m=____. _ reso ution o emergency regu ations s a e in writing
shall be atc~ce
, sTiall refer to the particular e;~-_'_
a:=`_--~ emergency to
w ich it p~e~rtains, if so limited, and shall be filed in the office of the city clerk,
which copy shall be kept posted and available for public inspection duringq
businesses. Notice of the existence of such regulation and its availability a€ for
~einspection at the clerk's office shall be conspicuously posted at the front of the
city
hall or other headquarters of the city and at such other places in the affected area as
the maya~ council shall designate in the resolution.
^ Byy like resolution, the mayor or his desicnees may modify or
rescind any^such regulation.
(c)The city council may rescind any such regulation by resolution at any time. If not
sooner rescinded, ever such regulation shall expire at the end three (3) days after its
1~+.-
F.-~. aC
effective date or at t e end of the e~_ emergency to which it relates, whichever
^ comes first. Any era's^^^ resolution rule or regulation inconsistent with an
emergency regulation promul ated by
tip council shall be suspended during the period
of time and to the extent such conflict exists.
1~+.-
F aC
During a e~__ ec are emergency, t e city is notwit Stan ing any
statutory or charter provisionn
t~ contrary, empowered, tfirough its governing body
acting wit inFi
or
without the corporate limits of the city, to enter into contracts and
incur obligations necessary to combat such disaster by protecting the health and safety of
persons and property and providing emergency assistance to the victims of such disaster.
The city may exercise such powers in the light of the exigencies of the disaster without
compliance with the time consuming procedures and formalities prescribed b~ law pertaining
to the performance of public work, entering -----`--~-`s, =
rental a€ equipment agreements, purchase of supplies and
materials, limitations upon tax levies, and
the a ro riation and ex enditure o~ ublic funds includin but not limited~to
u ication o reso utions pu ication o ca s or i s, provisions o '
ersonne aws an ru es, provisions relating to low bids and requirements for budgets.
Or No. 378, § 601.060, 10-17-74; Ord. No. 631, 7-25-88j
State law reference -Local emergencies, M.S. § 12.29.
Sec. 11-7. Emergency management a governmental function.
All functions thereunder and all other activities relatin to emer enc mana ement are hereb
dec are o e overnmen a unc ions. a rovisions o is sec ion s a no a ec a ri o an
erson o receive ene i s o w is a wou o erwise a en i e un er is reso u ion or un er e
wor er s com ensa ion aw or un er an ension aw nor a ri o an suc erson o receive an
ene i s or compensa ion un er any ac o congress.
> ;
.Je n..£: ~:r... n4 4e.J er~l n c£~£e i.44:rerc ~ ~1 ra.l:rerr.en
rnnci c#on#.nn#h the vie r£nrm~nne n£#h vir n#her rli i#iec
#h ere~nii#h
ter.
(c)The city chief of police may appoint any qualified person holding a position in any
agency created under federal or state authority for civil defense purposes as a special
policeman of the city, with such police powers and duties within the city incident to the
functions of his position, not exceeding those of a regular policeman of the city as may
be prescribed in the appointment. Every such special policeman shall be subject to the
15
supervision and control of the chief of police and such other police officers of the city
as the chief may designate. (Ord. No. 378, § 601.080, 10-17-74; Ord. No. 631, 7-25-88)
~~~m~~~h.~ ~
Sec. ~4 11-8.°^'~*~^°' Participation in labor dispute or politics.
The emergency management agency or
and ization shall not participate in any form of political
activity, nor shall it be employed directly or in irec or political purposes, nor shall it be emptoyed in
a '°"',sate labor dispute. (Ord. No. 378, § 601.110, 10-17-74; Ord. No. 565, § 1, 2-27-84; Ord. No.
631, 7-25-88)
Sec. a-1-5 11-9. Workers and volunteers; compensation; oath; identifying insignia; carrying
firearms; applicability of city personnel procedures.
(a)NO person shall be emptoyed or associated in any capacity in the emergency management
agency who advocates or had advocated a change by force or violence in the constitutional
form of government of the United States or in this state or the overthrow of any
government in the United States by force or violence, or who 3~a-d has been convicted of or
is under indictment for information charging any subversive act against the United States.
Each person who is appointed to serve in the emergency management agency shall, before
entering upon his duties take an oath in writing before a erson authorized to administer
oaths in this state or {~efore any officer of the state ivision o
emer enc mana ement or the director. The oath sha 1 be substantially in the form
prescribe y Minnesota Statutes, Section 12.43, and reads as follows:
"I do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the Constitution of the
State of Minnesota against all enemies; foreign or domestic; that I will bear true
faith and allegiance to the same, that I take this obligation freely, without any
mental reservation of purpose of evasion; and that I will well and faithfully dischargge
the duties upon which I am about to enter. And I do further swear (or affirm) that I do
not advocate, nor am I a member of any political party or organization that advocates
the overthrow of the Government of the United States or of this state by force or
violence; and that during such time as I am a member of the City of Maplewood,
Minnesota, " emergency management agency, I will not advocate nor become a
member of any political party or organization that advocates the overthrow of the
Government of the United States, or of this state, by force or violence."
(b)Emergency management volunteers shall be called into service only in case of a--~..=~=
an emergency or a natural disaster for which the regular municipal forces are
inadequate or for necessary training and preparation for such emergencies. All volunteers
shall serve without compensation.
(c)Emergency management volunteers shall be provided with such suitable insignia or other
identification as may be required by the director. Such identification shall be in the
form and style approved by the federal government. No volunteer shall exercise any
authority over the persons or property of others without his identification. No person,
except authorized volunteers, shall use the identification of a volunteer or otherwise
represent himself to be an authorized volunteer.
{e} (d) Personnel procedures of the city applicable to regular employees shall not apply
to vo unteer emergency management workers, but shall apply to paid employees of the
emergency management agency. (Ord. No. 378, § 601.050, 10-17-74; Ord. No. 565, § 1, 2-27-
84; Ord. No. 631, 7-25-88)
State law reference -Similar provisions to subsection (a), M.S. § 12.43.
See.
"~1-1~P~~Eted :n..w.:^°•:^ .:sar~Ee.
Sec. a-1-~ 11-10.Fiscal matters; reports.
16
(a)There is hereby established an account in the general fund to be known as the emergency
management account. Into this account shall be placed the proceeds of taxes levied for
civil defense, money transferred from other funds, gifts and other revenues of the
emergency management agency. From it shall be made expenditures for the operation and
maintenance of the emergency management agency and other civil defense expenditures.
(b)The director shall, as soon as possible after the end of each fiscal year, prepare and
present to the city council for the information of the council and the public, a
comprehensive report of the activities of the emergency management agency during the year.
(Ord. No. 378, § 601.070, 10-17-74; Ord. No. 565, § 1, 2-27-84; Ord. No. 631, 7-25-88
Sec. ~2 11-11. Penalty for violations of chapter.
Any perso~o violates any provision of this chapter or of any regulation adopted
thereunder relating to acts omissions or conduct, other than official acts of the city
officers or employees, shall be guilty of a misdemeanor.
(Ord. No. 378, § 601.120, 10-17-74; Ord. No. 631, 7-25-88)
State law reference -Penalty for violation of Minnesota civil defense act of 1951, M.S. § 12.45.
Sec. 11-12. Effective date.
This state shall take effect upon approval by the City Council of the City of Maplewood.
Seconded by Councilmember Koppen Ayes -all
L. VISITOR PRESENTATIONS
1. Thor Nordell - 1142 Sterling -expressed concern for saving Beaver Creek.
M. COUNCIL PRESENTATIONS
1. Mayor's Mailbox -Mayor Rossbach commended the Community Theatre on their production of
"Nunsense" and encouraged the public to see it.
2. Melinda Coleman stated that the Clean-up Day was extremely successful. There were 650-700
vehicles that dropped off appliances etc. She has received numerous contacts from
residents on their appreciation for the project.
N. ADMINISTRATIVE PRESENTATIONS
1. Referendums
O. ADJOURNMENT
Meeting adjourned at 8:05 P.M.
Karen Guilfoile, City er
17