HomeMy WebLinkAbout07.25.88 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 25, 1988
Council Chambers, Municipal Building
Meeting No. 88-16
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 Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Arrived at 7:11 P.M.
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 88-12 (June 1, 1988)
Mayor Greavu moved to approve the Minutes of Meeting No. 88-12 (June 1, 1988)
as submitted.
Seconded by Councilmember Juker. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Add Item I-5, Capital Improvement Project
2. Add Item I-6, Tilsen
3. Add Item I-7, Revocation of Liquor License
4. Add Item I-8, Restricted Covenants - Main Street
5. Add Item I-9, Adjourn to Attorney/Client Session
6. Parking on Frost Avenue
7. Footprint Pond
Seconded by Councilmember Anderson. Ayes - all.
E. CONSENT AGENDA
Councilmember Anderson moved to approve the Consent Agenda, Items E-1 through 4
as recommended•
1. Accounts Payable
Approved payment of the following claims:
Accounts Payable:
$ 355,297.03 Checks #7866 - #7920
Dated 07-O1-88 thru 07-12-88
$ 71,072.53 Checks #3538 - #3635
Dated 07-25-88
$ 426,369.56 Total Accounts Payable
Payroll:
$ 160,261.05 Payroll Checks.
,I $ 29,604.76 Payroll Deductions
$ 189,865.81 Total Payroll
$ 616,235.37 Grand Total
2'; Community Development Block Grant Agreement
Resolution No. 88 - 7 - 112
WHEREAS, the City of Maplewood has participated in the CDBG program
in the past and may wish to in the future; and
WHEREAS, the City supports the designation of Ramsey County as an
entitlement agency.
NOW, THEREFORE, THE CITY OF MAPLEWOOD approves the joint cooperation
agreement with Ramsey County.
3. Resolution of Appreciation
Resolution No. 88 - 7 - 113
WHEREAS, M. Earl Marlow became a member of the Community Design Review
Board of Maplewood on May 22, 1986 and has served faithfully in that capa-
city;
WHEREAS, he has freely given of his time and energy, without compensation,
for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership and effort in many ways for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and the citizens of the City, that M. Earl Marlow is
hereby extended our heartfelt gratitude and appreciation for his dedicated
service and we wish him continued success in the future.
4. P.U.D. Renewal: 1690 McKnight Road (Hillside Shopping Center)
Approved the renewal of the Planned Unit Development for two years for the
Hillside Shopping Center, subject to the original conditions of approval.
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F. PUBLIC HEARINGS
1. 7:00 P.M., Meyer Street Water Main, Project 87-13 - Assessment Hearing
a. Mayor Greavu convened the meeting for a public hearing regarding adoption
of the proposed assessment roll for the Meyer Street Water Main, Project 87-13.
b. City Attorney Pat Kelly instructed the Council regarding proper assess-
ment hearing procedures.
c. Manager McGuire presented the Staff report.
d. Director of Public Works Haider presented the specifics of the proposal.
Councilmember Bastian arrived at the meeting at 7:11 P.M.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following were heard:
Mrs. Whall, 762 Meyer Street
Richard Sittig, 739 Meyer Street
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution a2d moved its
adoption•
88-7-114
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council has met and heard and passed upon all objections to the
proposed assessment for the construction of Meyer Street Water Main, as
described in the files of the City Clerk as Project 87-13, and has amended
such proposed assessment as it deems just.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. Such proposed assessment, as amended, a copy of which is attached
hereto and made a part hereof, is hereby accepted and shall con-
. stitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be
benefited by the proposed improvement in the amount of the assess-
ment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of 19 years, the first of the install-
ments to be payable on or after the first Monday in January
1990, and shall bear interest at the rate of nine (9.0) percent
per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added interest
on the entire assessment from the date of this resolution until
December 31, 1989. To each subsequent installment when due
shall be added interest for one year on all unpaid installments.
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3. It is hereby declared to be the intention of the Council to
reimburse itself in the future for the portion of the cost
of this improvement paid for from municipal funds by levying
additional assessments on notice and hearing as provided for
the assessments herein made, upon any properties abutting on
the improvement but not made, upon any properties abutting on
the improvement but not herein assessed for the improvement,
when changed conditions relating to such properties make such
assessment feasible.
4. To the extent that this improvement benefits nonabutting
properties which may be served by the improvement when one
or more later extensions or improvements are made, but
which are not herein assessed, therefore, it is hereby de-
clared to be the intention of the Council, as authorized by
Minnesota Statutes Section 420.051, to reimburse the City by
addin an ortion f
o the cost so aid to the asse m
g Y P ss ents
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levied for any of such later extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the
property tax lists of the County, and such assessments shall
be collected and paid over in the same manner as other muni-
cipal taxes.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nays - Councilmembers Bastian and
Rossbach.
2. 7:10 P.M., Boxwood Improvement Project 87-19 - Assessment .Hearing
a. Mayor Greavu convened the meeting for a public hearing regarding the
adoption of the proposed assessment roll for the Boxwood Improvements Project
87-19.
b. Manager McGuire presented the Staff report.
c. City Attorney Pat Kelly instructed the Council regarding proper procedures
for holding an assessment hearing.
d. Director of Public Works Haider presented the specifics of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following were heard:
Mr. E. C. Guelschoff, Jr., 1211 Dorland, wrote a letter of opposition.
Don Burgeson, Capitol City Adventist School, 1220 So. McKnight Road
Letter from Kenneth and Mary Postiff, 1215 Dorland Road
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g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved its
adoption•
88-7-115
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the pro-
posed assessment for the construction of Boxwood Avenue - McKnight Road to
Dorland Road, as described in the files of the City Clerk as Project 87-19,
and has amended such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. Such proposed assessment, as amended, a copy of which is attached
hereto and made a part hereof, is hereby accepted and shall con-
stitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be
benefited by the proposed improvement in the amount of the assess-
ment levied against it.
2. Such assessment shall be payable in equal annual installments ex-
tending over a period of 19 years, the first of the installments
to be payable on or after the first Monday in January, 1990, and
shall bear interest at the rate of nine (9.0) percent per annum
from the date of the adoption of this assessment resolution. To
the first installment shall be added interest on the entire assess-
ment from the date of this resolution until December 31, 1989. To
each subsequent installment when due shall .be added interest for one
year on all unpaid installments.
3. It is hereby declared to be the intention of the Council to re-
imburse itself in the future for the portion of the cost of this
improvement paid for from municipal funds by levying additional
assessments on notice and hearing as provided for the assessments
herein made, upon any properties abutting on the improvement but
not made, upon any properties abutting on the improvement but not
herein assessed for the improvement, when changed conditions re-
lating to such properties make such assessment feasible.
4. To the extent that this improvement benefits nonabutting properties
which may be served by the improvement when one or more later ex-
tensions or improvements are made, but which are not herein assessed,
therefore, it is hereby declared to be the intention of the Council,
as authorized by Minnesota Statutes Section 420.051, to reimburse
the City by adding any portion of the cost so paid to the assess-
ments levied for any of such later extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of this
` assessment to the County Auditor to be extended on the property
tax lists of the County, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
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Nays - Councilmembers Bastian and
Rossbach.
3. 7:20 P.M., Highway 61 Water Main Project 87-44 - Assessment Hearing
a. Mayor Greavu convened the meeting for a public hearing regarding the
adoption of the proposed assessment roll for Highway 61 Water Main,
Project 87-44.
b. Manager McGuire presented the Staff report.
c. City Attorney Pat Kelly instructed the Council regarding proper pro-
cedures for holding an assessment hearing.
d. Director of Public Works Haider presented the specifics of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following were heard:
John Cytracek, 2720 Highway 61
Second Williams Financial Corp. (Also wrote a letter)
Letter from Hubbard Broadcasting, Inc.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution. and moved its
adoption•
88-7-116
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council has met and heard and passed upon all objections
to the proposed assessment for the construction of Highway 61 Water Main -
Kohlman Avenue to Beam Avenue, as described in the files of the City Clerk
as Project 87-44, and has amended such proposed assessment as it deems just.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. Such proposed assessment, as amended, a copy of which is attached
hereto and made a part hereof, is hereby accepted and shall con-
stitute the special assessment against the lands named therein,
each tract of land therein included is hereby found to be bene-
' fited by the proposed improvement in the amount of the assess-
ment levied against it.
i
2. Such assessment shall be payable in equal annual installments
extending over a period of 19 years, the first of the install-
ments to be payable on or after the first Monday in January
1990, and shall bear interest at the rate of nine (9.0) percent
per annum from the date of the adoption of this assessment resolu-
tion. To the first installment shall be added interest on the
entire assessment from the date of this resolution until December
31, 1989. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
- 6 - 7/25
3. It is hereby declared to be the intention of the Council to
reimburse itself in the future for the portion of the cost
of this improvement paid for from municipal funds by levying
additional assessments on notice and hearing as provided for
the assessments herein made, upon any properties abutting on
the improvement but not made, upon any properties abutting on
the improvement but not herein assessed for the improvement,
when changed conditions relating to such properties make such
assessment feasible.
4. To the extent that this improvement benefits nonabutting
properties which may be served by the improvement when one
or more later extensions or improvements are made, but which
are not herein assessed, therefore, it is hereby declared to
be the intention of the Council, as authorized by Minnesota
Statutes Section 420.051, to reimburse the City by adding any
portion of the cost so paid to the assessments levied for any
of such later extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the
property tax lists of the County, and such assessments shall
be collected and paid over in the same manner as other munici-
pal taxes.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
G. AWARD OF BIDS
1. Park Improvement Projects
a. Manager McGuire recommended that the City Council reject all bids for
Park Improvement Project 88-1P for general site construction at Playcrest
Neighborhood Park, Hazelwood Soccer Complex, Geranium Neighborhood Park,
and Sherwood Neighborhood Park which were opened on July 20, 1988. It is
further requested that the City Council authorize the re-bidding of this
project, which will be Park Improvements 1988-2P.
b. Director of Parks and Recreation Odegard explained the bids.
c. Councilmember Anderson moved to reject the bids for Park Improvement
Project 88-1P and to authorize Staff to rebid.
Seconded by Mayor Greavu. Ayes - all.
H. UNFINISHED BUSINESS
1. Emergency Preparedness Ordinance
a. Manager McGuire presented the Staff report.
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b. Mayor Greavu introduced the following ordinance and moved its adoption•
ORDINANCE N0. 631
AN ORDINANCE DEFINING THE FUNCTIONS AND
DUTIES OF CIVIL DEFENSE
Sec. 11-1. Declaration of necessity and policy
Because of the existing and increasing possibie occurrence of disasters
of unprecedented size and destructiveness resulting from enemy attack, sabotage,
or other hostile action, or from fire, flood, earthquake, man-made or other
natural causes, and in order to insure that preparations of this City will be
ade ua
to to deal with such di
4 sasters, it is hereby found and declared to be
necessary:
(1) To establish a local emergency management agency;
(2) To provide for the exercise of necessary powers during civil defense
emergencies;
(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 civil defense functions.
(Ord. N0. 378, S 601.010, 10-17-74; Ord. N0. 565, S 1, 2-27-84)
State law reference - Similar provisions, M.S. S 12.02, subd. 1.
Sec. 11-2. Definitions.
For the purpose of this chapter, the following wor5ls, terms and phrases shall
have the following meanings respectively ascribed to them:
Civil defense emergency means an emergency declared by the Governor
under Minnesota Statutes, Section 12.31.
Civil defense forces means any personnel employed by the City and any
other volunteer or paid member of the local civil defense agency engaged
in carrying on civil defense functions in accordance with the provisions
of this chapter or any rule or order thereunder.
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 injury and
damage resulting from disasters caused by enemy attack, sabotage, or
other enemy hostile actions, or from fire, flood, earthquake, man-made
or other natural causes. These functions include, without limitation,
firefighting services, police services, medical and health services,
rescue, engineering, air-raid warning services, communications, radio-
- logical, chemical and other special weapons defense, evacuation of
persons from stricken areas, emergency welfare services, emergency
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transportation, existing or properly assigned functions of plant pro-
tection, temporary restoration of public utility services, and other
functions related to civilian protection, together with all other acti-
vities necessary or incidental to preparation for and the carrying out
of the foregoing functions. (Ord. No. 378, S 601.020, 10-17-74; Ord.
No. 565, S 1, 2-27-84)
Section 11.03. Office of emergency management (civil defense agency);
director of emergency management; etc.
There is hereby created within the City government a civil defense agency
which shall be named the office of emergency management, which shall be under
the supervision and control of a director of emergency management, hereafter
called the director. The director shall be appointed by the Mayor, ratified
by the Council, report administratively to the City Manager, shall serve for
an indefinite term, and shall receive a salary determined bythe Council. In
a civil defense emergency he may be removed by the Mayor summarily or sus-
. pended, and at other times he may be removed by the Mayor, ratified by the
Council, for cause after an opportunity to be heard. The director shall have
direct responsibility for the organization, administration and operation of
the emergency management agency, subject to the direction and control of the
Council. The emergency management agency shall be organized into such divi-
sions and bureaus, consistent with state and local civil defense plans, as
the director deems necessary to provide for the efficient performance of
local civil defense functions during a civil defense emergency. The emergency
management agency shall perform civil defense functions within the City and in
addition shall conduct such functions outside the City as may be required pur-
suant to the provisions of the Minnesota Civil Defense Act of 1951, Minnesota
Statutes, Chapter 12, or this chapter. (Ord. No. 378, S 601.030, 10-17-74;
Ord. No. 565, S 1, 2-27-84).
State law references - Requirement that each City establish a local organiza-
tion for civil defense, M.S. S 12.25, subd. 1; appointment, powers, duties, etc.,
of director, M.S. S 12.25, subd. 1.
Sec. 11-4. Powers and duties of director of emergency management.
(a) The director of emergency management, with the consent of the Council,
shall represent the City on any regional or state organization for civil defense.
He shall develop proposed mutual aid agreements with other political subdivisions
within or outside the state for reciprocal civil defense aid and assistance in
civil defense emergency too great to be dealt with unassisted, and he shall pre-
: sent such agreements to the Council for its action. Such arrangements shall be
consistent with the state civil defense plan and during a civil defense emergency
it shall be the duty of the civil defense agency and civil defense forces to ren-
der assistance in accordance with the provisions of such mutual aid agreements.
Any mutual aid arrangement with a political subdivision of another state shall be
subject to the approval of the Governor.
(b) The director shall make such studies and surveys of the manpower, in-
dustry resources, and facilities of the City as he deems necessary to determine
their adequacy for civil defense and to plan for their most efficient use in
time of a civil defense emergency.
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_ (c) The director shall prepare a comprehensive general plan for the emer-
gency management agency of the City and shall present such plan to the Council
for its approval. When the Council has approved the plan by resolution, it shall
be the duty of all municipal agencies and all emergency services 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 co-
ordinate the civil defense activities of the City to the end that they shall be
.consistent and fully integrated with the civil defense plan of the federal govern-
.
ment and the State, and correlated with the civil defense plans of other political
subdivisons within the State.
i
(d) In accordance with the state and city emergency management plan, the
director shall institute such training programs and public information programs
and shall take all other preparatory steps, including the partial or full mobili-
zation of civil defense forces in advance of actual disaster, as may be necessary
to the prompt and effective operation of the city emergency management plan in
time of a civil defense emergency. He may, from time to time, conduct such civil
defense exercises as he may deem necessary.
(e) The director shall utilize the personnel, services, equipment, supplies
and facilities of existing departments and agencies of the City to the maximum
extent practicable. The officers and personnel of all such departments and agen-
Gies shall, to the maximum extent practicable, cooperate with and extend such
services and facilities to the local emergency management agency and to the
Governor upon request. The head of each department and agency, in cooperation
with (and under the directions of) the director, shall be responsible for the
planning and programming of such civil defense activities as will involve the
utilization of the facilities of his agency or department.
(f) The director shall, in cooperation with existing City departments and
agencies affected, organize, recruit and train auxiliary police, emergency
medical personnel, and any other personnel that. may be'required on a volunteer
basis to carry on the emergency management plans of the City and the State. To
the extent that such emergency personnel is recruited to augment a regular City
department or agency for civil defense emergencies, it shall be assigned to such
department or agency for purposes of administration and command. The director may
dismiss any civil defense volunteer at any time and require him to surrender any
equipment and identification furnished by the City.
(h) The director shall carry out all orders, rules and regulations issued
by the Governor with reference to civil defense.
(i) The director shall coordinate the general operations of all local
emergency management forces during a civil defense emergency in conformity
with controlling regulations and instruction of state civil defense authorities.
(The heads of departments and agencies shall be governed by his orders in respect
thereto.)
(j) Consistent with the emergency management plan, the director shall pro-
vide and equip at some suitable place in the City a control center and, if re-
quired by the state civil defense plan, an auxiliary control center to be used
during a civil defense emergency as headquarters for direction and coordination
of emergency services forces. He shall arrange for representation at the control
center by municipal departments and agencies, public utilities and other agencies
authorized by federal or state authority to carry on civil defense activities
during a civil defense emergency. He shall arrange for the installation at the
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control center of necessary facilities for communication with and between
heads of civil defense divisions, the stations and operating units of muni-
cipal services and other 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.
(k) During the first thirty (30) days of a civil defense emergency, if the
legislature is in session or the Governor had coupled his declaration of the emer-
gency with a call for a special session of the legislature, the director may,
when necessary to save life or property, require any person, except members of
the federal or state military forces and officers of the state or any other poli-
tical subdivision, to perform services for civil defense purposes as he directs,
and he may commandeer, for the time being, any motor vehicle, tools, appliances
or any other property, subject to the owners' right to just compensation as pro-
: vided by law. (Ord. No. 378, S 601.040, 10-17-74; Ord. No. 565, S 1, 2-27-84).
Sec. 11-5. Workers and volunteers; compensation; oath; identifying insignia;
carrying firearms; applicability of city personnel procedures.
(a) No person shall be employed or associated in any capacity in the emer-
gency 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 has been convicted of or is under indictment for information
charging any subversive act against the United States. Each person who is ap-
pointed to serve in the emergency services agency shall, before entering upon
his duties, take an oath in writing before a person authorized to administer
oaths in this state, or before any officer of the state department. of civil de-
fense or the director. The oath shall be substantially in the form prescribed
by 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 discharge
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 politi-
cal party or organization that advocates the overthrow of the Govern-
ment 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, Minne-
sota, civil defense 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 violenc."
(b) Emergency management volunteers shall be called into service only in case
of a civil defense emergency or a natural disaster for which the regular municipal
forces are inadequate or for necessary training and preparation for such emergen-
cies. All volunteers shall serve without compensation.
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(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 govern-
ment. 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 himelf to be
an authorized volunteer.
(d) No emergency management volunteer shall carry any firearm while on duty,
except on written order of the Chief of Police Department.
(e) Personnel procedures of the City applicable to regular employees shall
not apply to volunteer emergency management workers, but shall apply to paid em-
ployees of the emergency management agency. (Ord. No. 378,.5 601.050, 10-17-74;
Ord No. 565, S 1, 2-27-84).
State Law reference - Similar provisions to subsection (a), M.S. S 12.43.
Sec. 11-6. Emergency regulations.
(a) Wherever necessary to meet a civil defense emergency or to prepare for
such an emergency for which adequate regulations have not been adopted by the
Governor or the City Council, the Mayor may by proclamation promulgate regula-
tions, consistent with applicable federal or state law or regulation respecting:
Protection against air raids; the sounding of air-raid alarms; the conduct of
persons and the use of property during alarms; the repair, maintenance and safe-
guarding of essential public services; emergency .health, fire and safety regu-
lations; trial drills or practice periods required for preliminary training;
and all other matters which are required to protect public safety, health and
welfare in civil defense emergencies. No regulation ggverning observation of
enemy aircraft, air attack, alarms or illumination during air attacks shall be
adopted or take effect unless approved by the State Director of Civil Defense.
(b) Every proclamation of emergency regulations shall be in writing and
signed by the Mayor, shall be dated, shall refer to the particular civil defense
emergency to which it pertains, if so limited, and shall be filed in the office
of the City Clerk, where a copy shall be kept posted and available for public in-
spection during business hours. Notice of the existence of such regulation and
its availability of inspection 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 Mayor shall designate in the proclamation.
Thereupon the regulation shall take effect immediately or at such later time as
may be specified in the proclamation. By like proclamation, the Mayor 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, every such regulation shall expire at the end of
three (3) days after its effective date or at the end of the civil defense emer-
gency to which it relates, whichever occurs first. Any ordinance, rule or regu-
lation inconsistent with an emergency regulation promulgated by the Mayor shall be
suspended during the period of time and to the extent that such conflict exists.
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(d) During a civil defense emergency, the City is, notwithstanding any
statutory provision to the contrary, empowered, through its governing body
acting within or without the corporate limits of the City, to enter into con-
- tracts 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 time consuming pro-
cedures and formalities, prescribed by law and pertaining to the performance of
public work, entering into contracts, incurring of obligations, employment of
temporary workers, rental of equipment, purchase of supplies and materials, limi-
tations upon tax to, publication of ordinances and resolutions, publication of
calls for bids, provision of civil service laws and rules, provisions relating to
low bids, requirements for budgets. (Ord. No. 378, S 601.060, 10-17-74).
State law reference - Local emergencies, M.S. 5 12.29.
Sec. 11-7. Fiscal matters; reports.
(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 pro-
: ceeds 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 Gity Council for the information of the Council
and the public, a comprehensive report of the activities of the emergency manage-
ment agency during the year. (Ord. No. 378, S 601.070, 10-17-74; Ord. No. 565,
S 1, 2-27-84).
Sec. 11-8. Intergovernmental cooperation; supremacy of controlling
federal and state law; deputizing of federal or state
officers as special policemen.
(a) Every officer and agency of the City shall cooperate with federal and
state authorities and with authorized agencies engaged in civil defense and
emergency measures to the fullest possible extent consistent with the performance
of their duties.
(b) The provisions of this chapter and of all regulations made thereunder
shall be subject to all applicable and controlling provision of federal and state
laws and of regulations and orders issued thereunder and shall be deemed to be
suspended and inoperative so far as there is any conflict therewith.
(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 supervision and control
of the Chief of Police and such other police officers of the City as the Chief
may designate. (Ord. No. 378, S 601.080, 10-17-84)
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State law reference - State policy that civil defense functions be coordi-
nated amongst and between governments, M.S. S 12.02, subd. 2.
Sec. 11-9. Governmental immunity; nonliability of workers and volunteers;
exceptions.
All functions hereunder and all other activities relating to emergency
management are hereby declared to be governmental functions. The City, and
except in cases of willful misconduct, its officers, agents, employees or
representatives engaged in any emergency management activities, while complying
with or attempting to comply with the Minnesota Civil Defense Act of 1951,
j Minnesota Statutes, Chapter 12, or with this chapter or any rule, regulation or
order made thereunder, shall not lie liable for the death of or injury to persons,
or damage to property as a result of such activity. The provisions of this
section shall not affect the right of any person to receive benefits to which he
would otherwise be entitled under this cha ter or under the workmen's
P com ensa-
P
tion 1
aw or under an
y pension law, nor the right of any such person to receive
any benefits or compensation under any act of Congress. (Ord. No. 378, S 601.090,
10-17-74; Ord. No. 565, S 1, 2-27-84).
Sec. 11-10. Prohibited illumination a nuisance.
Any illumination within the City contrary to the provisions of this chapter
or any other ordinance pertaining to emergency management or of any regulation
adopted thereunder or of any federal or state law, regulation or order shall be
deemed a public nuisance. Any regular policeman may abate such nuisance summarily
or may take any other action necessary to enforce such provisions, including entry
on private property and the use of whatever reasonable force is necessary. (Ord.
No. 378, S 601.100, 10-17-74; Ord. No. 565, S 1, 2-27-84).
Sec. 11-11. Political activities
The emergency management agency shall not participate in any form of political
activity nor shall it be employed directly or indirectly for political purposes,
nor shall it be employed in a legitimate labor dispute. (Ord. No. 378, S 601.110,
10-17-74; Ord. No. 565, S 1, 2-27-84).
State law reference - Similar provisions, MS. S 12.44.
Sec. 11-12. Penalty for violations of chapter.
Any person who 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 beguilty of a misdemeanor.
(Ord. No. 378, S 601.120, 10-17-74).
State law reference - Penalty for violation of Minnesota Civil Defense Act
of 1951, M.S. S 12.45.
Seconded by Councilmember Juker. Ayes - all.
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2. Reconsider Recycling.
a. Councilmember Anderson moved to authorize Staff to advertise for best proposal for the
recycling_pr~am.
Seconded by Mayor Greavu. Ayes -all.
I. NEW BUSINESS
1. Frost Avenue and English Street
a. Councilmember Bastian moved to table Item I-1 until after Item I-9.
Seconded by Councihnember Rossbach. Ayes -all.
2. Concurrence with County Bid Award -County Road C
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
88-7-117
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
in accordance with the provisions of Cooperative Agreement 88001 for the construction of
County Road C from White Bear Avenue to McKnight Road, City Project 86-25, the City of
Maplewood concurs with the award of bid to Danner, Inc.
Seconded by Councilmember Rossbach. Ayes -Mayor Greavu, Councilmembers
Anderson, Jukei and Rossbach
Nay -Councilmember Bastian
3. Ski Jump Pond Easement Agreement
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to approve the aereement between the City and the Ski Club
rep_arding storm water ondin .
Seconded by Councilmember Anderson. Ayes -all.
4. Menard's Easement Agreement
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to approve the aereement between the City and Menards to
purchase a sanitary sewer to be constructed by Menards across their storage yard and that
payment be authorized with funds from the sanitary sewer contineency account
Seconded by Councilmember Anderson. Ayes -all.
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5. Capital Improvements Plan
a. Manager McGuire presented the Staff report.
b. Councihember Bastian moved to approve the Caul Improvement Plan as submitted.
Seconded by Councilmember Anderson. Ayes -all.
6. Tilsen Resolution
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian introduced the followine resolution and moved its adoption:
88 - 7 -118
WHEREAS, the Maplewood City Council, by its Resolution No. 83 - 8 -135 vacated the
public interest in the following described real property, to-wit:
The lands designated as Park and lying East of the East line of North Lakewood
Drive, all in the plat of Robert Tilsen's Maplewood Heights No. 9; and
WHEREAS, the hereinbefore described property is excess to public needs and it is in the
public interest to convey by Quit Claim Deed the City's interest in said above-described real
property to North Suburban Company, a general partnership under the laws of Minnesota,
successor and assign of Tilsen Homes, Inc, a corporation under the laws of Minnesota, by
virtue of a Quit Claim Deed dated January 13, 1988, and recorded January 22, 1988, as
Document No. 2424377.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
MAPLEWOOD that the Mayor and Manager be, and hereby are, authorized to execute a Quit
Claim Deed from the City of Maplewood, Ramsey County, P?Iinnesota a municipal
corporation to the North Suburban Company, a general partnership under the laws of
Minnesota conveying and quitclaiming the City's interest to that certain real property in
Ramsey County, Minnesota, described as follows:
The lands designated as Park and lying East of the East line of North Lakewood
Drive, all in the plat of Robert Tilsen's Maplewood Heights No. 9.
pursuant to Minn. Stat. §412.211 thereof, as amended.
BE IT FURTHER RESOLVED that upon the proper execution of said Quit Claim Deed,
the Maplewood City Manager is authorized to deliver said duly executed conveyance
pursuant to this Resolution for and in consideration of a ponding easement being established
in the dedicafion of a new plat of Robert Tilsen's Maplewood Heights No. 9.
Seconded by Mayor Greavu. Ayes -all.
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7. Revocation of Liquor License
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to place on the agenda of August 8 1988, the
consideration and setting of a hearing date for the revocation of the
On-Sale Intoxicating Liquor License held by Robert Hatton dba Maplewood
Bowl.
Seconded by Councilmember Juker. Ayes - all.
8. Main Street Restricted Conveyance
a. Manager McGuire presented the Staff report.
b. City Attorney Pat Kelly presented the agreement.
c. Mayor Greavu moved that an agreement between the City and Main Street
Department Store whereby Main Street would maintain a sprinkling system,
be approved.
Seconded by Councilmember Rossbach. Ayes - all.
9. Appeals for Assessments
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved to establish the date of August 8 1988
to hear appeals for the assessments for the following projects:
Meyer Street Water Main - Project 87-13
Boxwood Improvements - Project 87-19
Highway 61 Water Main - Project 87-44
Seconded by Mayor Greavu. Ayes - all.
1. Frost Avenue and English Street
a. Manager McGuire presented a letter from Realty World - Streeter-Andrus
requesing to appear before the Council to inform them of the plans they have
for the southwest corner of Frost and English.
b. No one appeared for Realty World.
c. Councilmember. Bastian moved to table this Item until again requested.
Seconded by Councilmember Anderson. Ayes - all.
J. VISITOR PRESENTATIONS
None.
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K. COUNCIL PRESENTATIONS
1. Parking on Frost Avenue
a. Councilmember Juker commented on the parking concerns on the south
side of Frost Avenue by Prosperity.
b. Councilmember Juker moved to refer the Frost Avenue parking concern to
Staff for a report at the next meeting.
Seconded by Councilmember Anderson. Ayes - all.
2. Footprint Pond
a. Councilmember Juker stated that Footprint Pond should be cleaned up.
3. Votes on Water Main Projects
a. Councilmember Anderson expressed his concerns on how the Council votes on
water main projects.
L. ADMINISTRATION PRESENTATIONS
None.
M. ADJOURNMENT
8:20 P.M.
Council adjourned to reconvene in a closed session for Attorney-Client meeting.
City Clerk
i
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