HomeMy WebLinkAbout08-28-1995 AGENDA
MAPLEWOOD City COUNCIL
7:00 P.M., Monday, August 28, 1995
Council Chambers, Municipal Building
Meeting No. 95-17
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 Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember. Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 95-15, (August 14, 1995)
Councilmember Rossbach moved to aaarove the minutes of Meeting No. 95.15
(August 14. 1995) as presented.
Seconded by Councilmember Koppen Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L1 Hazelwood and Highway 36
L2 Cross Walk, Lydia Avenue
L3 Mayor's Update
Seconded by Councilmember Carlson` Ayes - all;
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EA. APPOINTMENTS/PRESENTATIONS
1. Community Design Review Board Appointment (Tim Johnson)
a. Manager McGuire presented the staff report.
_ b. Mr. Tim Johnson, 1649 Lakewood Drive, responded to questions from the
Council.
c. Councilmember Carlson moved to appoint Mr. Tim Johnson to the Community
Design Review Board.
Seconded by Councilmember Koppen Ayes - all
F. CONSENT AGENDA:
Councilmember Carlson moved seconded by Councilmember Koppen: ayes - all, to approve
the Consent Agenda, items F-1 thru F-8 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $1,002,799.10 Checks #5379 - #5477
Dated 8-1-95 thru 8-16-95
$ 230.598.80 Checks #21249 - #21454
Dated 8-28-95
$1,233,397.90 Total Accounts Payable..
PAYROLL: $ 275,087.74 Payroll Checks #83137 thru #83422
Dated 8-11-95
$ 50.237.98 Payroll Deduction Checks #83427 thru
#83448 dated 8-i1-95
$ 325,325.72 Total Payroll
$1.558.723.62 GRAND TOTAL
2. Surplus Property Disposal
Declared as surplus property and authorized disposal at State auction, to be
held October 28, 1995, at the Oakdale MnDot facility, V.E.M. Unit #501, 1983
Chevrolet 1/2 Ton Pickup, S/N 1GOCC14DBD166659, Mileage 89,615, which is out
of service due to transmission failure, and brake and engine repair needs
that would far exceed the value of the unit.
3. Surplus Property Disposal
Declared as surplus property and authorized disposal at State auction, to be
held October 28, 1995, at the Oakdale MnDot facility, a Scotchlite heat lamp
applicator (sign making machine) S/N 1965 and Scotchlite temperature
controller S/N 4928, which has been replaced and no longer has any value to
the City.
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4. Budget Adjustment - Surveying Data Collector
Authorized a budget adjustment of $1,885.00 from the Contingency Account to
the Engineering Capital Outlay Account for the purchase of a total station
data collector with an additional computer software upgrade, to replace the
existing data collector which cannot be repaired.
5. Ambulance Bill - Application for Cancellation
Authorized cancellation of the remaining balance of $240.48 on an ambulance
bill for Bettymae Landeen.
6. Budget Transfers - 1995 Supervisors' Contract'
Authorized the transfer of funds between the following contingency accounts
and the appropriate wage funds to finance the 1995 Supervisors' wage
- increases.
From General Fund Contingency $3,790
To Sewer Fund Contingency < 530>
To Water Fund Contingency < 520>
To VEM Fund Contingency <1,250>
7. Conditional Use Permit Review - Schroeder Milk Company (2080 Rice Street)
Reviewed and renewed the Conditional Use Permit allowing Schroeder Milk to
expand their dairy product processing and distribution facility at 2080 Rice
Street, subject to their completion of the following items by November 13,
1995:
1. Pave, stripe and curb with continuous concrete curbing the
parking lot north of the maintenance building.
2. Install a lawn-irrigation system in the new landscaped area next
to the new office wing.
8. Flexible Dependent-Care Assistance Program
Authorized establishment of a Flexible Dependent-Care Assistance Program for
City employees, as allowed by Sections 125 and 129 of the Internal Revenue
Code.
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G. PUBLIC HEARINGS
1. 7:00 P.M.: Lawn Irrigation Variance - The Homestead at Maplewood (1890 Sherren Ave)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from the Volunteers of America for a variance from the in-ground
lawn irrigation requirement at the new 62-unit assisted living facility
at 1890 Sherren Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Boardmember Robinson presented the Community Design Review Board report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
John Glasow, 2271 Craig Place, requested lawn irrigation, a
path and privacy fence, and for the property to be sodded...
Jeanine Moreno, 2272 Craig Place, is in favor of lawn irrigation
f. Mayor Bastian moved to continue the_pub7ic hearin4 until September 11,
1995. -
Seconded by Councilmember Carlson Ayes - all
g. Council directed staff to: -
1) Send a note to Bachman's notifying them the water sprinkler sprays onto the
street;
2) Check on VOA property regarding a privacy fence, pathway, upkeep
of lawn around new building and boulevards. Is contractor or
VOA responsible?
3) Check on ADA non-compliance with curb by path;
4) Invite a representative of VOA to September 11, 1995 Council
meeting;
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Grandview Addition - Preliminary Plat (Carver Avenue)
a. Manager McGuire presented the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
c. Mayor Bastian moved to table the Grandview Addition proposed plat until
the developer requests action or December 11. 1995. whichever comes
first.
Seconded by Councilmember Carlson Ayes - all
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2. Alarm Ordinance - 2nd Reading
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Council directed staff to:
1) Present information about alarm systems when building permit is
issued;
2) Explain to residents the do's and don'ts of alarm systems;..
3) Educate the residents on security.
d. Councilmember Koppen introduced the following Ordinance and moved its..
adoption:
ORDINANCE N0. 737
ALARMS AND ALARM SYSTEMS
Chapter 4
ALARMS AND ALARM SYSTEMS*
Art. I. In General, 4-1 4-40
Div. i. Generally. 4-1 4-20
Div 2. False Alarms, 4.21 4.40
''rt II. Licenses, 4-41 4-49
ARTICLE L. IN GENERAL
DIVISION 1. GENERALLY
Sec 4-1. Definitions.
For the purposes of this chapter, the fo}lowing words, terms and phrases shall have the
- following respective meanings ascribed to them.
= Alarm agent: "Alarm agent", shall mean any employee of an alarm business.
Alarm, audible: "Audible alarm" shall mean an alarm system, or a functional component
thereof, designed and emplaced to emit a loud noise for the purpose of attracting the
attention of passersby when operated.
Alarm business: "Alarm business" shall mean any person or firm in the City engaged, in whole
or in part, in the business of installingLoperating or monitoring any alarm system in or on
any building, place, or premises.
*Cross reference Fire prevention and protection, Ch 12
State law reference Alarm transmission telephone devices, M.S. § 237.47.
> alarm. false: "False alarm" shall mean the triggering of an alarm through component
failure, malfunction, improper installation, or the negligence of the owner or lessee of an
alarm system or of his employees or agents. It does not include triggering of the alarm
by acts of God or by utility company power outages.
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Alarm. contract: "Contract alarm" shall mean an alarm system or device, protecting a fixed
premise within the City, which is remotely operated or monitored, or responded to by an alarm
business from a location within or outside the City.
Alarm. nuisance: "Nuisance alarm" shall mean an audible alarm, confirmed by observation b,
responding public safety personnel to be emitting continuous or repetitive false alarms,
disturbing the public peace, in circumstances such that a responsible party cannot be
identified or is unavailable to silence said alarm.
Alarm. proprietor: "Proprietor alarm" shall mean an alarm installed, maintained, operated,
and responded to by the user, without the participation of an alarm business.
Alarm svstem: "Alarm system" shall mean any device or apparatus for automatically signalling
the occurrence of an unlawful event or unsafe condition that requires a response by public
safety personnel.
Person: "Person" shall mean any individual, partnership, corporation, or other entity.
Subscriber: "Subscriber" shall mean a customer of an alarm business whom, by contract or
agreement, receives service, including monitoring, remote operation of, or response to, any
operational alarm system, portable or installed. (Ord. No. 483, § 1216.010, 3-6.80)
Cross reference Rules of construction and definitions generally, §1-41 et seq.
Sec. 4-2. Exemptions.
The provisions of this chapter are not applicable to owner-installed alarms when used in a
private dwelling. (Ord. No. 483, § 1216.010, 3-6-80)
Sec. 4-3. Standards for alarm systems, proprietor alarms and contract alarms.
The Director of Public Safety may prescribe minimum standards for the construction and
maintenance, and may require inspection and approval, of all alarm systems, proprietor alarms
and contract alarms operated within the City. These regulations shall become effective upon
adoption by council resolution, and all devices shall meet or exceed such standards before
licenses may be issued under this chapter. Such standards shall not exceed the requirements
specified by Underwriters Laboratories, Inc., or Factory Mutual Research Corporation. (Ord.
No. 483, § 1216.020, 3-6-80)
Sec. 4-4. Audible alarm requirements.
All audible alarms in the City shall meet the following requirements:
(1) Every proprietor or subscriber maintaining an audible alarm at any place of business, or
other non-residential premise, shall maintain a current record, at the Department of
Public Safety, of the name and telephone number of the persons to be notified to render
repairs or service when the alarm is triggered.
(2) Audible alarms that sound like police or fire sirens are forbidden.
(3) Audible alarms shall have an automatic shutoff which will silence the audible signal..
within a period .not to exceed twenty (20) minutes for fixed locations, or five
minutes for vehicle alarms. (Ord. No. 483, § 1216.020, 3-6-80)
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Sec. 4-5. Alarm agents.
No person shall operate as an alarm agent irr the City; unless he is employed by an alarm
iompany licensed under provisions of this chapter. (Ord. No. 483, § 1216.030, 3-6-80)
Sec. 4-6. Alarm transmission telephone devices.
No person shall install an alarm system, or use and possess an operative alarm system,
which utilizes an automatic dialer to deliver prerecorded voice messages via telephone to the
City public safety communications center. (Ord. No. 483, § 1216.030, 3.6-80)
State law reference--Alarm transmission devices, M.S. § 237.47.
Secs. 4-7 4-20. Reserved. .
DIVISION 2 FALSE ALARMS*'
Sec. 4-21. Reports required.
A report shal] be filed with the Director of Public Safety within ten (10) working days
after alarm for each and every alarm transmitted to the police department and if requested
by the director of public safety, such report shall contain all information specified by the
Director of Public Safety. (Ord. No. 483, § 1216.020, 3-6-80; Ord. No. 491,.§ 1, 7.24-80)
Sec. 4-22. Responses by City to false alarms; written reports required; inspections; fees;
excusable false alarms; etc.
(a) No fee shall be charged for the first two responses by the City to a false alarm from
an alarm system at a fixed location in the City at which no false alarm has occurred
within the preceding six-month period.
*State law references--Falsely reporting crime. M.S. § 609.505: false fire alarms,
M.S. § 609.686.
(b) For a third false .alarm response by the City to an alarm system at a fixed location
in the City within six (6) months after a second such response, a penalty of twenty-
five dollars ($25.00) will be assessed against the proprietor or subscriber of the
alarm system and the Director of Public Safety may require the proprietor or
subscriber to complete a written report for this and any subsequent false alarms, on
a form provided for this purpose by the Department of Public Safety.
(c) A fourth false alarm within a six month period will be assessed a penalty of forty
dollars ($40.00) and a fifth false alarm within a six month period will be assessed
a penalty of fifty dollars ($50.00). Thereafter, each additional false alarm within
the same six month period will be assessed a penalty of one hundred dollars
($100.00). In addition, the Director of Public Safety may, upon the sixth or
subsequent false alarm in a six month period, revoke the license for the alarm,
'=i pursuant to §4.49 (a)(3) of this section.
(d) The Director of Public Safety may excuse false alarms at a_fixed location when there
is evidence that they are the result of an effort or order to upgrade, install or
mai ntai n an alarm system or i f one or more false alarms result: from the same
malfunction within a seven (7) day period of time. (Ord. No. 483, § 1216.060, 3.6-
80)
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(e) All delinquent charges shall be certified to the City Clerk who shall prepare an
assessment roll providing for assessment of the delinquent amounts against the
respective properties. This assessment roll shall be delivered to the Council for
adoption in the manner provided by law. Such action may be optional or subsequen'
to the taking of legal action to collect delinquent accounts.
Sec. 4-23. Vehicle alarms, silencing of nuisance alarms, repair or deactivation
(a) It is a violation of this ordinance for the owner, renter, or leaser of any vehicle
equipped with an audible alarm or alarm system to operate such alarm or alarm system
upon any street or in any public place in the City in such condition, or at such a
degree of sensitivity, that the alarm is readily triggered by normal, innocuous
events and activities, such as passing vehicles or pedestrians.
(b) When the public peace is disturbed by a nuisance alarm on a vehicle parked in any
public place within the City, a peace officer responding to the scene may, if the
vehicle operator cannot be found, direct a towing or lock service, summoned for this
purpose, to open the vehicle, silence the alarm, and relock the vehicle. The peace
officer may issue a citation to the vehicle owner for a violation of this Ordinance.
(c) When three or more false alarms within seven days are reported to the Department of
Public Safety for an audible alarm in a vehicle regularly parked or operated within
the City, officers of the Department may, upon determining that said alarms are due
to malfunction or excessive sensitivity of the alarm system, issue a Notice of
Equipment Violation, under this Section, requiring the owner of the vehicle to have
the system repaired or deactivated.
(d) Failure to respond to the Notice of Equipment Violation, as set forth therein, shall
constitute a petty misdemeanor, punishable by a fine of $200.00.
Secs. 4-24 4-40. Reserved.
ARTICLE II. LICENSES AND PERMITS*
Sec. 4-41. Required for alarm business, alarm system, proprietor alarm or audible alarm.
(a) Effective March 15, 1980, a license under this article shall be required for each
alarm business in the City.
- (b) No person or company shall engage in; conduct, or carry on an alarm business in the
City without first applying for and receiving a license therefor in accordance with
the provisions of this article.
(c) No person shall install an alarm system, or use, possess, or subscribe to an
operative alarm system, proprietor alarm, or contract alarm on any building or
premises in the City, without first applying for and receiving a permit in accordance
with the provisions of this article. Fees for permits will be as established by the
City Clerk, and may include annual renewal for non-residential permits: however, no
fee shall be charged for renewal of permits for private dwellings. (Ord. No. 483,
§ 1216.030, 3-6-80)
Sec. 4-42. Approving authority.
The approving authority for all licenses and permits under this article shall be the
Director of Public Safety. (Ord. No. 483, § 1216.040, 3-6-80)
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Sec. 4-43. Issuing authority..
The issuing authority for all licenses under this article shall be the City clerk upon
receipt of approval from the Director of Public Safety. (Ord. No. 483, § 1216.040, 3.6-80)
Sec. 4-44. Applications Generally.
Applications for all licenses and permits required-under this article shall be filed with
the City clerk. The City clerk shall prescribe the form of the application and request such
information as is necessary to evaluate and act upon the license application. (Ord. No. 483,
§ 1216.040, 3-6-80)
Sec. 4-45. Same Alarm business; investigations; basis for denial of license.
(a) The Director of Public Safety shall conduct an investigation of the applicant for an
alarm business license under this article to determine his character, reputation, and
moral integrity; provided that, the Director of Public Safety, at his discretion, may
dispense with the investigation upon being furnished with an authenticated copy of
a current alarm business license issued by another governmental agency located in the
county.
(b) The license shall be denied if the character, reputation or moral integrity of the
applicant is determined to be inimical to the safety or the general welfare of the
community, or if the applicant falsifies any information in the license application.
(Ord. No. 483, § 1216.040, 3-6-80)
*Cross reference--Licenses generally, Ch 17.
.Sec. 4-46. Same--Alarm systems, proprietor alarms and audible alarms..
(a) The application for permits for installation of alarm systems, contract alarms and
proprietor alarms required by this article shall require the name, address and
telephone number of the person or alarm business who will render service or repairs
during any hour of the day or night.
(b) Permits shall be issued to the person owning, using, subscribing to, or possessing
the alarm system, proprietor alarm or contract alarm. Alarm businesses shall assist
in the processing of applications for their subscribers. The subscribers shall
forward the completed application and the license fee to the City clerk. When a
proprietor alarm or contract alarm is in operation and not serviced by an alarm
- business, the application for the permit and payment of the permit fee shall also
be made directly to the City clerk. A copy of such application and permit shall be
forwarded by the Gity clerk to the Director of Public Safety. (Ord. No. 483, §
1216.040, 3-6-80: Ord. No. 491, § 1, 7.24-80)
Sec. 4-47. Required bonds from alarm businesses.
(a) Each alarm business shall furnish to the City clerk, prior to the issuance of the
license under this article, evidence of a corporate surety bond in the principal
amount of five thousand dollars ($5,000.00). The bond shall be conditioned as
follows:
(1) Upon the observance by the applicant and each operator of the business of
all the provisions of this chapter: and
(2) Upon the truth of all the representation made in connection with the
application for the license under this article.
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(b) Such bond shall inure to the benefit of the City, but any person injured or aggrieved
or who sustained loss or damages through fraud, deception, negligence or tortious
conduct on the part of the alarm business, or its alarm agent, shall have a right to
recover against the bond in the event of the bankruptcy or insolvency of the
licensee: (Ord. No. 483, § 1216.050, 3-6-80)
Sec. 4-48. Fees; exemptions.
(a) Alarm business licenses. An annual license fee of fifty dollars ($50.00) shall- be
due and payable on March 15, 1980, and on January first of each subsequent year for
each alarm business operating from, or providing service within the City. Such
license fee shall not be prorated.
(b) Fee exemptions. The United States government, the state, the county, the City or any
departments thereof, are exempt from the fee requirements of this section.
_ Editor's note - Section 1216.080 of Ordinance No. 483 adopted March 6, 1980, provides:
"The $25.00 fee for an annual alarm system license shall expire January
1, 1982, unless other action taken."
Sec. 4-49. Suspension and revocation of licenses.
(a) The following shall constitute grounds for revocation or suspension of licenses
issued under this article:
(1) The violation of any of the provisions of this chapter or failure to comply
with same.
(2) Where the character or moral integrity of the license holder or his
employees is determined inimical to public safety or the general welfare of
the community.
(3) An alarm system, proprietor alarm or audible alarm license may be revoked
where such device actuates excessive false alarms (more than six (6) in a
six. (6) month period) and thereby constitutes a public nuisance.
(b) Upon the suspension or revocation of an alarm system, proprietor alarm or audible
alarm license, the Director of Public Safety may order the disconnection of such
alarm system; provided that, no disconnection shall be ordered as to any premises
_ required by law to have an alarm system in operation. (Ord. No. 483, § 1216.070,
3-6.80)
Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
3. Relief Association Shortfall
a. Manager McGuire presented the staff report.
b. Councilmember Koppen moved to continue the Relief Association Shortfall
until September 11 1995 to allow Citv Attornev to investigate
legalities.
Seconded by Councilmember Carlson - Ayes - all
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J. NEW BUSINESS
1. Carey Heights Street Light Request
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Rich Pearson. 2990 Carey Heights Drive
Pam Krahmer, 2999 Carey Heights Drive,. representing Michael
Krahmer
d. Councilmember Carlson moved to contact NSP to install a street light at
Carev Heights Drive cul-de-sac and that the residents will resort back
on how effective the light has been.
Seconded by Councilmember Koppen Ayes - all
` e. Mayor Bastian moved to rescind the order for an additional street light
on Craig Place due to the refusal of the residents to allow easements
for the aurpose of running power to the light.
Seconded by Councilmember Allenspach Ayes - all
2. School District Antenna System
a. Manager McGuire presented the staff report.
- b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
_ Roland Parruci, Assistant Director of Operation, School
District 622
John DuBois. Consulting Engineer
d. Councilmember Koppen moved to enter into a contract with School District
622 to dace antennas on two (2) Maplewood water towers.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATIONS
NONE
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L. COUNCIL PRESENTATIONS
1. Hazelwood and Highway 36
a. Mayor Bastian moved to direct staff to contact MnDOT to seek traffic
signals for Hazelwood and Highwav 36.
Seconded by Councilmember Rossbach Ayes - all
2. Cross Walk - Lydia Avenue.
- a. Letter has been received from Ramsey County denying a cross walk on
Lydia at Concordia Arms.
b. Mayor Bastian moved to place this item on the September 11. 1995 Agenda.
Seconded by Councilmember Carlson. Ayes - all
3. Mayor's Update
a. Mayor Bastian relayed information regarding several upcoming meetings.
M. ADMINISTRATIVE .PRESENTATIONS
1. Set Council/Manager Workshop
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to cancel the Council/Manager Workshop for
September.
Seconded by Mayor Bastian Ayes - all
N. ADJOURNMENT OF MEETING
8:39 P.M.
~Lu lle E. Aurelius, City Clerk
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