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HomeMy WebLinkAbout02.19.86 MINUTES OF MAPLEWOOD-CITY COUNCIL 7:00 P.M., Wednesday, February 19, 1986 Council Chambers, Municipal Building Meeting No. 86-06 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Mayor Greavu. B. ROLL CALL - John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present - Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 86-OS (February 10, 1986) Councilmember Anderson moved to approve the Minutes of Meeting No. 86-OS _ (February 10, 1986) as submitted. Seconded by Councilmember Juker. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Manager's Meeting 2. Cable T.V. 3. Letters of Appreciation 4. Pay Equity 5. Personnel Change 6. Planning Commission Authorization Seconded by Councilmember Wasiluk. Ayes - all. E. CONSENT AGENDA Council removed Items E - 2, 3, and 4 from the Consent Agenda. Items E - 3 and 4 will become Items I - 2 and 3. Item E - 2 will be tabled for further information. Mayor Greavu moved, Seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda, Item E-2 as recommended. 1. Accounts Payable Approved the Accounts (Part I - Fees, Services, Expenses - Check register dated February 11, 1986) in the amount of $67,010.77. 2/19 PUBLIC HEARINGS None. G. AWARD OF BIDS None H. UNFINISHED BUSINESS - 1. Newspaper Visit Dates a. Council established a meeting date of Tuesday, February 25', 1986, at 2:00 P. M. at the Gladstone Fire Department for a meeting with the St. Paul Dispatch/ Pioneer Press to resolve the apparent difference of opinions. 2. Metropolitan Waste Control Proposed Rates a. Councilmember Wasiluk introduced Judy Fletcher from the Metropolitan SVaste ` Control Commission. b. Mrs. Judy Fletcher updated the Council regarding the rate increase and structure for the Sewer Availability Charge as presented by the Metropolitan - Waste Control Commission. The rate increase will be approximately 50 (~)per- cent over the next five (5) years instead of the first proposal of 147 0) per- cent. c. The City of Oakdale had previously passed a resolution voting against the proposal for a 1478 rate increase in the S.A.C. d. Councilmember Anderson moved to deny the request of su»_port from Oakdale as their resolution of non support was based on the out of date proposal. - Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker and Wasiluk Nays - Mayor Greavu, Councilmember Bastian. e. Covncilmember Anderson moved to rescind his motion as it is not needed. Seconded by Councilmember Juker. Ayes - all. f. Councilmember Anderson moved to support the current Metropolitan Waste. Control Commission Development and Task Force recommendation. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker, and Wasiluk Nays - P4ayor Greavu, Councilmember Bastian. 3. Second Reading - Solicitor's License Ordinance a. Manager Lais presented the Staff report. - 2 - 2/19 b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 59d - AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 23 OF THE MAPLEWOOD CITY CODE - THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN AS FOLLOWS; Section 1. That the Maplewood City Code of Ordinances hereby amended by deleting therefrom in its present form and entirety Article III of Chapter 23 thereof and by substituting, in lieu of same, the following: ARTICLE III SOLICITATIONS = Sec. 23-31. Prohibited; Exceptions. It shall be unlawful for any person, except an organization organized for civic, patriotic, charitable or religious purposes to solicit funds in any manner on the streets of the City. Sec. 23-32. Permits for Approved Organizations. Any civic, patriotic, charitable or religious organization may conduct a solicitation upon the streets of the City only after having made applica- tion to do so to the City Clerk. Solicitation shall be granted by said City Clerk only to civic, patriotic, charitable or religious organizations located in the City, or to a recognized fund committee composed of the city citizens representing an_organization of said type. - Sec. 23-33. Permit Application. Applicants for permits under the provisions of this Article shall file with the City Clerk a sworn statement on a form to be furnished by the said City Clerk at least thirty (30) days in advance of the requested date for the solicitation. Said application shall be executed by at least two (2) duly appointed officers of said organization or the local fund committee conduct- ing the campaign. Sec. 23-34. Limits on Time. Permits for such solicitations shall not be given for longer periods than thirty (30) consecutive days in any calendar year. Only one (1) permit shall be issued to any one organization at any time and shall be only for one (1) period of solicitation. Permits granted shall designate the hours within which street solicitation may be conducted. Sec. 23-35. Volunteer Credentials. All solicitation made under the provisions of this Article shall be con- ducted only by volunteer workers; and said workers shall carry proper - 3 - 2/19 credentials prominently displayed, or a container for the depositing of donations, which shall prominently display the name of the organization _ conducting the solicitation and the purpose for which it is being conducted. Section 2. This order shall take effect and be enforced from and after the date of its publication. Passed and adopted by the City Council of the City of Maplewood this 19th day of February, 1986. John C. Greavu /s/ Mayor ATTEST: _ Lucille E. Aurelius /s/ City Clerk Ayes - 5 Nays - 0 Seconded by Mayor Greavu. c. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 592 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 23 OF THE MAPLEWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN AS FOLLOWS: Section 1. That the Maplewood City Code of Ordinances hereby amended by deleting therefrom in its present form and entirety Article II of Chapter 23 thereof and by substituting in lieu of the same the following: ARTICLE II PEDDLERS, SOLICITORS AND VENDORS Sec. 23-16. Definition. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Peddler: Any person with no fixed place of business within the City, who goes from house to house carrying or transporting goods, wares or merchandise and offers or exposes such merchandise, exclusive of news- paper delivery persons. Solicitor: Any person who goes from house to house soliciting or taking or attempting to take orders for the purchase of any goods, wares or me r- chandise, including magazines, books, periodicals or personal property of any nature, for delivery in the future. - 4 - 2/19 Vendor: Any person who makes sales of goods, wares or merchandise from a - stand or :vehicle located upon public property or right-of-way. Sec. 23-17. Permit Required; Exception. It shall be unlawful for any peddler, solicitor or vendor to sell or attempt to sell any product upon any public property or right-of-way in any area within the City or to engage in door-to-door solicitation or sales within such areas without first having obtained a permit for this purpose from the City Clerk. Any peddler, solicitor or vendor who is sub- ject to regulation or licensing by agencies of the state or federal govern- ment, and where such regulation or licensing pre-empts local regulations, such peddler, solicitor or vendor shall be exempt from conflicting provisions of this section. Sec. 23-18. Permit Required For Each Company And/Or Individual; Contents of Application as to Vehicles. A permit shall be obtained by each company and vendor, solicitor or peddler. The application shall indicate both the name of the individual vendor or solicitor and the firm or corporation which he represents, if any. If products are to be sold from a motor vehicle, the application shall con- tain a description of the vehicle, including serial number, license number, make and model, and shall also contain the name of the insurer providing li- ability coverage on the vehicle. Sec. 23-19. Permit Fee; Issuance. Upon proper application and the payment of a fee as set by resolution, the City, within ten (10) days of application therefor, may issue permits to ' vend products upon the public right-of-way in the areas designated in Sec- tion 23-17, or to engage in door-to-door solicitation of sales within such areas as is deemed to be in the best interest of the inhabitants. Religious, charitable, patriotic or philanthropic organizations shall be exempt from the payment of the fee, providing the aforementioned organization shall provide a copy of current tax exempt status for the applying organization and that shall be evidence of the exemption from the payment of said fee. Sec. 23-20. Provisions of Chapter. Provisions of this Chapter shall not apply to any sale under court order, nor shall it require a license for newspaper distribution. Sec. 23-21. Term of Permit; Revocation. No permit shall be issued for any period of time in excess of one year, and any permit may be revoked by the City Council when it shall appear that the permitee has violated any of the provisions of this Chapter or has engaged in activities contradictory to the best interest of the citizens of the City. Sec. 23-22. Hours of Sale. No peddler, solicitor or vendor shall engage in any peddling, soliciting or vending within the City between the hours of 8:00 P.M. and 8:00 A.M. - 5 - 2/19 No vendor shall sell or attempt to sell food products from a motor vehicle in a residential zone. Sec. 23-23. Prohibition on Private Property. Any resident of the City who wishes to exclude peddlers or solicitors from premises occupied by him/her may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Peddlers and Solicitors Prohibited." Such placard shall be at least three and three-fourths inches long and three and three-fourths inches wide, and the printing thereon shall not be smaller than forty-eight point type. No peddler, solicitor or vendor shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is displayed. " No person other than the person occupying such premises shall remove, in- jure or deface such placard or sign. Sec. 23-24. Application for Permit; Contents Enumerated. Applications for a license required by the provisions of this Chapter shall be made to the City Clerk on forms supplied by the City. Every license holder shall promptly submit to the City any information that would affect their licenses. Sec. 23-25. Vehicle Liability Insurance; Safety Requirements. Every applicant who intends to vend products from a motor vehicle shall maintain liability insurance in the amount of at least One Hundred Thousand - ($100,000) Dollarsfor single injuries and Three Hundred Thousand ($300,000) Dollars for each accident, as well as at least Ten Thousand ($10,000) Dollars for property damage insurance. Sec. 23-26. Stationary Sales Locations. No sales of goods, wares or merchandise may be made. from a stationary location, stand or vehicle on public rights-of-way without first obtaining a permit there- for. When applicant intends to make a sale from stationary locations within the City, the license application shall contain a specific description of the proposed sale location. No more than one permit shall be issued for a single stationary sales location. Sec. 23-27. Noise Prohibited. No peddler, vendor or solicitor shall call attention to his business or to his merchandise by crying out, blowing a horn, ringing a bell or by any loud or unusual noise. - 6 - 2/19 Sec. 23-28. Non-Transferable Permit, All permits issuedunder the provisions of the Chapter shall be non- . transferable. No refund shall be made on unused portions of permit except by resolution of the Council. Each peddler, solicitor or vendor shall secure a separate permit. Sec. 23-28, Possession - Display. All permits issued under the provisions of the Chapter shall be carried by the permitee conspicuously posted in its place of business and the permit shall be exhibited to any officer or citizen upon request. State law reference-Hawkers, peddlers, transient merchants, M.S. - Ch. 329; see particularly, section 329.06 and 329.15, M.S.; author- ity of city council to restrain or license and regulate transient merchants and dealers, hawkers, peddlers, solicitors and aanvassers, M.S. s~ 412.221, svbd. 19; power of City to regulate, control and license transcient merchants, M.S, s~ 437,02. Section 2, This order shall take effect and be enforced from and after the date of its publication. Passed and adopted by the City Council of the City of Maplewood this 19th day of February, 1986. John C. Greavu /s/ Mayor ATTEST: Lucille E. Aurelius. /s/ City Clerk Ayes - 5 Nays - 0 Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Petition for Water Main - County Road C a, Director of Public Works Haider presented a copy of a petition to extend water main 425 feet west of Highway 61 on County Road C. Water main must be extended approximately 667 feet, however, to provide service to all peti- tioners. The petition, therefore, represents only 25~ of the total frontage rather than the required 35~.' It is recommended that the council authorize a feasibility study to extend water main along County Road C from just west of Highway 61 to the existing main at Forest Street to provide system looping. b. Mayor Greavu introduced the following resolution and moved its adoption: - 7 - 2/19 86 - 2 - 25 WHEREAS, the City Council has proposed that the area described as: County Road C, west of Highway 61 to Forest Street be improved by con- , struction of a water main; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engi- neer, who is hereby instructed to report to the Council with all con- venient -speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Anderson. Ayes - all. 2. Carry Over of 1985 Appropriation to 1986. a. Mayor Greavu moved to approve the following 1985 Appropriations Carry over to 1986 Budget: Amount Account Code Description General Government: $ 3,850 01-4490-19 Balance due consultant for assistance with the purchase of a phone system for the new City Hall. City Clerk: 600 01-4640-34 Teletypewriter and telecommunication device for deaf people - required by State law. Public Safety: - 400 O1-4170-41 Statute books originally scheduled for purchase in 1985 but printing was delayed until 1986. 4,000 O1-4430-41 Updates to records program due to scheduled 1986 system changes. 390 O1-4120-42 Materials for increased Crime Prevention Program activity. 1,600 O1-4150-42 Range supplies for new Ramsey County system. 625 O1-4140-43 Supplies needed for new ambulance. 7,500 01-4390-43 Training for new medics and training for A.I.D.S. 650 01-4160-46 Purchase of additional tapes for the Dispatching Center recorder so that tapes can be kept for a longer period. 116,000 13-4640 Dispatching console for new City Hall - 8 - 2/19 Public Works: 80,580 90-4680-58 Lift station renovation 10,280 96-4610-59 Vehicles 9,620 96-4640-59 . Equipment Parks & Recreation: - 7,000 01-4630-61 Computer 650 01-4639062 Goodrich Park garage door - Seconded by Councilmember Anderson. Ayes - all. 3. 1986 Fee Schedule for Reservation of Park Facilities a. Manager Lais presented the Staff report. b. Councilmember Juker moved to approve the 1986 Fee Schedule for Reservation - of Park Facilities as presented. Seconded by Councilmember Wasiluk. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Manager's Meeting a. Councilmember Juker questioned if the meetingwith-the Manager could be held tonight instead of tomorrow. b. Since it was a published meeting, it should be held on the date established. 2. Cable T.V. a. Councilmember Anderson moved that the Group W Cable Board be advised that the City wishes to receive a tabulation of their bills, not a copy of the in- dividual statements. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nays - Councilmember Juker 3. Letters of Commendation a. Councilmember Anderson introduced the followinc_r resolutions and moved their adoption: 9 _ 2/19 86 - 2 - 26 WHEREAS the City Council of the City of Maplewood, Minnesota, has received information via a letter from the Department of Public Safety _ of the State of Minnesota commending the City Clerk, Lucille Aurelius, and her staff for superior performance in handling their transactions; and WHEREAS the City Clerk and her staff provide a high level of service to the public, BE IT HEREBY RESOLVED that the Mayor and the Council of the City.of Maplewood do hereby express their appreciation for the service and effort provided by the City Clerk, Lucille Aurelius, and her staff. 86-2- 27 _ WHEREAS the City Council of the City of Maplewood, Minnesota, has received information via letter from the Government Finance Officer's Association awarding the City of Maplewood a Certificate of Conformance in Financial Reporting for the Comprehensive Annual Financial Report for the year ending December 31, 1984, and WHEREAS the Certificate of Conformance is the highest form of recog- nition of Governmental Accounting and Financial Reporting, and _ WHEREAS its attainment represents a significant accomplishment by the City and its management, BE IT HEREBY RESOLVED that the Mayor and City Council of the City of Maplewood do hereby express their appreciation and congratulations to the Finance Director, Daniel F. Faust, and his staff for qualifying for this recognition. Seconded by Councilmember Juker. Ayes - all. 4. Pay Equity a. Councilmember Bastian expressed his concerns regarding the delays in the Comparable Worth Study proposal. b. Staff will investigate. L. ADMINISTRATIVE PRESENTATIONS 1. Personnel Change a. Director of Public Works Haider stated. for the last half of 1985, the public works department has operated at less than full staff due to sickness and injuries. An extra full-time employee was added to help maintain service levels. Public works is now almost back to full strength. It is now time to lay off this individual. - 10 - 2/19 The Parks and Recreation Department, however, has a new position budgeted for 1986. Under the union contract, this individual has first chance at the new position. It is requested that the City Council concur with filling the budgeted position in the Parks and Recreation Department. b. Councilmember Anderson moved to concur with filling the budgeted position in the Parks and Recreation Maintenance Department as recommended. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers .Anderson, Joker and Wasiluk - Nays - Councilmember Bastian. 2. Planning Commission a. Manager Lais stated several members of the Planning Commission wish to attend a conference in Los Angeles. They would like Council to authorize the budgeted amount of $1,090.00 to be used towards the expenses of who wishes to attend. b. Councilmember Anderson moved to authorize the budgeted amount to be used as requested. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nays - Councilmember Juker. 3. Water Contract a. The City has a meeting with the St. Paul Water Department on April 16, 1956. M. ADJOURNMENT 8:12 P.M. City Clerk - 11 - 2/19