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HomeMy WebLinkAboutCCAgen_06Aug09CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA August 9, 2006 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: GEHRZ ____ KUETTEL ____ HARRIS ____ LINDSTROM ____ TALBOT _____ MILLER _____ KREUSER_____ C. PRESENTATION: D. APPROVAL OF MINUTES: July 26, 2006 TAB 1 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General disbursements through 8/3/06: $108,741.58 TAB 2 Payroll through 7/31/06: $17,529.82 2. Approval of licenses TAB 3 3. Approval of election judges for September 12 primary and November 7 election TAB 4 G. POLICY AGENDA: 1. Review of Draft of Falcon Heights City Code Recodification ( P a r t I I I ) T A B 5 H. COMMUNITY FORUM: I. INFORMATION/ANNOUNCEMENTS: Regular Meeting of the City Council July 26, 2006 City Hall Members present: Mayor Gehrz, Council members Harris, Lindstrom, Kuettel and Talbot, Administrator Miller, and Assistant City Administrator/Deputy Clerk Kreuser. Mayor Gehrz called the meeting to order at 7:00 p.m. The meeting minutes of the regular City Council meeting on July 12 were approved as submitted. Consent Agenda: The following two items were moved for approval by Council member Kuettel. The motion passed unanimously. 1. Disbursements through 7/20/06: $107,638.42 Payroll through 7/15/06: $18,103.31 2. Approval of licenses Policy Agenda: 1. Approval of 800 MHz Subscriber Agreement and Dispatch Service Agreement with Ramsey County Administrator Miller began the item by explaining the 800 MHz Subscriber Agreement, stating the two agreements were separate, but both related to the 800MHz conversion. He said all agencies in the region are going to transition to 800MHz in order to communicate with each other. He said all cities would be signing an agreement through 2016, with renewals occurring in 30-year increments. The cost for Falcon Heights for 2007-08 is $11,504.00, Miller said, which is derived from the formula of 60% of the cost levied through County property taxes, and the remaining 40% based on call volume. Council member Talbot asked about the changing technologies cities will see in the future. Mayor Gehrz answered that with the system there will be ways to upgrade with software improvements. She added that through 800MHz, all cities would be the same, and as new members join the system, it will enlarge, and there will be room for more technology. She said Falcon Heights has obtained demonstration radios, and the SAPD has them already and is familiar with the system. Council member Harris asked about overcrowding the same radio system with every city using it. Gehrz replied there are “talk groups,” which designate certain channels for two- party communication, and other channels for wider ranges. She said not everyone is on the same channel unless there is a general need. Gehrz also stated there are seven antennas in the County, one in Falcon Heights. Council member Lindstrom reiterated the financing breakdown, stating that originally the County wanted to levy 100% of the dispatch center construction costs to taxes. He lauded Mayor Gehrz for her work in formulating a better financing package for Falcon Heights. Council member Kuettel asked how many Ramsey County cities would be using the dispatch center. Mayor Gehrz replied that White Bear Lake had not signed on as they have their own center and may continue to use it. Council member Talbot asked how certain the City could be that St. Paul would sign the agreement, as Falcon Heights costs may increase due to St. Paul’s participation. Mayor Gehrz said the St. Paul City Council had passed a resolution they would be part of the dispatch. She added that due to the call volume piece of the financing package, residents should not be discouraged to call 911. Council member Harris asked about the non-emergency police number, and whether it could be publicized more. Staff will speak with Chief Ohl. Answering Council member Lindstrom’s question, Mayor Gehrz said the City would be able to access the spare radios kept by the Ramsey County Manager’s Office in case of special events. Administrator Miller then gave an overview of the Dispatch Service Agreement with Ramsey County. The council discussed briefly the agreements signed by other cities and the future costs of the system. Mayor Gehrz said the cost for 800MHz was not included in the 2006 budget because no one foresaw the project coming together so quickly. She added that a budget amendment would be forthcoming. Council member Harris asked the Mayor to state who would carry the radios. Gehrz replied the police department would (radios paid for by St. Anthony), the fire department, Emergency Manager Greg Hoag, and there would be one or two at City Hall. Council member Talbot moved to approve the 800 MHz Subscriber Agreement and Dispatch Service Agreement with Ramsey County. The motion passed unanimously. 2. Review of Draft of Falcon Heights City Code Recodification (Part II) Administrator Miller stated the council had chapters 14, 22, and 30 to proofread for the recodification project. He asked the council for their changes to the draft code. The council went through the code, page-by-page, and made their changes. Information/Announcements: Council member Harris invited residents to the Ice Cream Social, July 27 from 6-8 p.m. in Community Park. Council member Lindstrom stated the Environment Commission would be surveying residents about the community garden proposal. Mayor Gehrz state there would be a CERT table, Neighborhood Commission, and encouraged residents to plan a block party for National Night Out, August 1. She said the budget workshop would be at 6:30 p.m. at City Hall. Mayor Gehrz adjourned the meeting at 8:50 p.m. Respectfully submitted, Stacey Kreuser Assistant City Administrator/Deputy Clerk CONSENT F1 8/9/06 ITEM: Disbursements and Payroll SUBMITTED BY: Roland O. Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: Summary: 1. General Disbursements through 8/3/06: $108,741.58 2. Payroll through 7/31/06: $17,529.82 ACTION REQUESTED: • Approval CONSENT F2 8/9/06 ITEM: Approval of Licenses SUBMITTED BY: Stacey Kreuser, Assistant City Administrator/Deputy Clerk Explanation: The following resident has applied for a home occupation license. City staff has received the necessary documents for licensure: • Steve Esty House Cleaning CONSENT F3 8/9/06 ITEM: Approval of election judges for September 12 primary and November 7 election SUBMITTED BY: Stacey Kreuser, Assistant City Administrator/Deputy Clerk EXPLANATION: Each year that elections are held, City Councils, by the authority granted to them under Minnesota State Statute 204B.21, Subd. 2, appoint the election judges for their respective municipalities. This year there is the state primary on September 12 and the general election on November 7. There are two precincts in Falcon Heights, Precinct 1 – City Hall and Precinct 2 – Falcon Heights Elementary School. A majority of the judges work one shift, either from 6 AM to 2 PM or from 2 PM to close, with some of the judges, particularly the head judges, working a double shift from 6 AM to Close. ATTACHMENT: • Resolution 06-19 appointing election judges for the upcoming primary and general election. ACTION REQUESTED: • Adoption of proposed resolution. RESOLUTION 2006-19 APPOINTMENT OF ELECTION JUDGES FOR THE SEPTEMBER 12 PRIMARY AND NOVEMBER 7, 2006 ELECTION NOW, THEREFORE, BE IT RESOLVED, that the City Council of Falcon Heights hereby appoints the individuals, outlined below, to serve as election judges for the state primary and general election to be held on September 12 and November 7, 2006. Steve Graham Tai Shigaki Marty Everest Lily Zahariades Val Gyurci Jane Dehlin Manley Olson Joan Seidel Rita Christensen Vicki Long Ricé Davis Maryhelen Tapio Duke Addicks Steven Taff Mary Peterson Andrea Howell Mary Haverkost Delaine Meyer Marilyn Gates Anne Burt Mary Elaine McGuire Parnell Kingsley Kathy Baldwin Adopted by the City Council of Falcon Heights on August 9, 2006. Moved by: _________________ Approved by: ________________________ Susan L. Gehrz, Mayor August 9, 2006 Gehrz ____In Favor Harris Kuettel ____Against Attested by: _________________________ Lindstrom Justin Miller, Administrator Talbot August 9, 2006 POLICY G1 8/9/06 ITEM: Review of Draft of Falcon Heights City Code Recodification (Part III) SUBMITTED BY: Justin Miller, City Administrator Deborah Jones, Planning and Zoning Coordinator Summary: Attached to this report are the following chapters of the draft City Code recodification for the City Council’s review: • Chapter 34: Parks and Recreation • Chapter 38: Solid Waste • Chapter 42: Streets, Sidewalks and Other Public Places • Chapter 46: Traffic and Vehicles • Chapter 50: Utilities • Chapter 54: Vegetation • Chapter 101: General and Administrative Provisions • Chapter 105: Buildings and Building Regulations • Chapter 109: Subdivisions and Platting As was the case with the last meeting, staff will be prepared to answer any questions that may come up. Many of the comments during the last discussion related to changes the council wanted to see incorporated into the recodified code. These changes are being tracked and a master list will be sent to Municipal Code so they can make the appropriate amendments. Below are responses from the City Attorney regarding questions that were unable to be answered at the last city council meeting. Q1) Article IX – Tobacco – why do we need the “purpose” section? A1) It is not necessary and can be deleted. Q2) Sec. 14-96 – Solicitors and Peddlers – what kind of restrictions can we place on these activities. A2) The city attorney has advised us that this is a very difficult area to regulate and that there has been extensive litigation by these businesses, mostly relating to first amendment issues. We have been provided a copy of an ordinance that the city attorney drafted for another city, and have included it as an attachment to this report. Q3) Section 30-4 – Charitable Gambling – are school raffles/fundraisers exempt under these definitions? A3) No. The exemptions for gambling are in state statute, and the city cannot broaden them. ATTACHMENTS • Recodification Draft, Chapters 34 – 112 • Sample Solicitor and Peddlar ordinance ACTION REQUESTED No action is requested; this is for discussion purposes only. CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2003-32 AN ORDINANCE AMENDING SECTION 105 OF THE PLYMOUTH CITY CODE CONCERNING DEFINITIONS AND SECTION 1140 OF THE PLYMOUTH CITY CODE CONCERNING PEDDLERS AND SOLICITORS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 105, Subd. 71 of the Plymouth City Code is amended to read: Subd. 71. "Solicitor" means a person who goes from house to house, from place to place or from street to street soliciting, or taking or attempting to take orders for sale of goods, wares, merchandise, or personal property or services of any nature whatsoever for future delivery or future performance whether or not such individual has, carries or exposes for sale, a sample of the subject to such order or whether or not he is collecting advance payments for such orders. Any such activity shall be deemed soliciting if it has as its ultimate purpose the obtaining of orders of such nature, even though it may not purport, initially, to be an effort to obtain such an order. SECTION 2. Section 1140 of the Plymouth City Code is amended to read: 1140.01. Registration License Required. No Peddler or Solicitor shall sell or offer for sale any goods, wares, or merchandise within the City unless a license therefor shall first be secured as provided in this Section. The non-refundable registration license fee is set by Chapter X. Any Peddler or Solicitor dealing with merchandise of any kind to be delivered to customers in Minnesota directly from points outside of Minnesota shall be exempt from the payment of the registration license fee. Any person soliciting money, donations or financial assistance of any kind for any religious or charitable organization or selling merchandise for a fee on behalf of such an organization shall not be required to obtain a license or pay a license fee under this Section, but shall be required to register with the City. 1140.03. Conditions Governing Registration License. Registration Application shall be made with the City Clerk of the City at least five days prior to the date when the activity to be carried on it to commence. Persons registering applying must file with the City Clerk an accurate sworn registration statement in writing, on a form furnished by the City Clerk, giving the following information: (a) Name and physical description of the applicant; (b) complete home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made; (c) a brief description of the nature of the business and the product or services involved; (d) if employed, the name and address of the employer, together with credentials therefrom, establishing the exact relationship; (e) the dates and hours of the day during which the activity will be carried on; (f) the source of supply of any goods or property proposed to be sold or orders taken for the sale thereof, where such goods or products are located at the time said registration is filed and the proposed method of delivery; (g) a statement as to whether or not the registrant applicant has been convicted of any crime, misdemeanor or violation of any crime, misdemeanor or violation of any municipal ordinance of any municipality other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor; (h) the last municipalities, not to exceed five, where the applicant carried on business immediately preceding the date of the application and the address from which such business was conducted in those municipalities; (i) written statement of permission from fee owner of property where transient sales are to be held. 1140.05. Exemptions. This Section does not apply to persons engaged in the following activities: (a) selling personal property at wholesale to dealers in such articles; (b) selling solely literature of any kind; selling newspaper subscriptions; (c) selling products of the farm or garden on the property on which the products are grown and cultivated. A person claiming this exemption must submit a written affidavit indicating that the products to be sold were grown on property where the sales are occurring; soliciting money, donations, or financial assistance of any kind for nonprofit, religious, political, or education organizations; or taking orders for goods sold by a political, religious, educational, or nonprofit organization, or selling or distributing literature or merchandise for which a fee is charged or solicited on behalf of such an organization; (d) calling upon householders in connection with a regular route service for the sale and delivery of perishable daily necessities of life such as bakery products and dairy products; this exception does not relieve such person of the duty of compliance with any other applicable provision of this Code; (e) calling upon householders at the request of said householders; 1140.07. Proof of Registration License. Upon receipt of a complete registration application, the City Clerk shall transmit the same to the Chief of Police for approval. Every registration license shall bear the written approval of the Chief of Police. Within five days after such registration approval, the City Clerk shall provide the registrant applicant with a written certificate showing proof of registration licensing with him. Such proof of registration licensing shall have one copy of the registrant's photograph attached to the same, and shall be exhibited by the registrant licensee upon request of any police officer or of any person in the City who is being contacted by the registrant licensee in pursuance of the registrant's registered licensee’s activity. 1140.09. Registration License Non-transferable. No registration license is transferable from one individual to another. Each individual shall be separately registered licensed where more than one individual is involved in the same type of activity even though associated with the same organization. 1140.10 Persons working for or assisting licensee. The licensee shall also supply the information required in Section 1140.03 of this article for all persons working for or assisting the licensee and pay the fee for each person. 1140.11. Identification. All solicitors and peddlers must wear some type of identification conspicuously showing their name and the organization for which they are soliciting or peddling, must carry their city issued license certificate when conducting the business or activity required to be licensed under this chapter, and must wear or display on their outermost clothing the certificate of licensure provided by the City. 1140.12 Licensure Control. The certificate of licensure issued by the city is the property of the City of Plymouth, and must be returned to the City within seven (7) days after the expiration date of the license. Failure to do so may result in prosecution and will result in the denial of any future license application for twelve (12) months. 1140.13 Practices Prohibited. No Peddler, Solicitor or Transient Merchant shall conduct business in any of the following manners: A. obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right of way; B. conducting business in such a way as to create a threat to the health, safety, or welfare of any individual or the general public. C. entering upon any residential premises for the purpose of carrying on the licensee’s or registrant’s trade or business between the hours of eight o’clock (8:00) p.m. and nine o’clock (9:00) a.m. of the following day, unless such person has been expressly invited to do so by the owner or occupant thereof. D. call attention to his business or to his merchandise, by crying out, by blowing a horn, by ringing a bell, or by any loud or unusual noise in areas zoned for residential use. E. No Peddler, Solicitor, or Transient Merchant shall harass, intimidate, abuse, or threaten a person or continue to offer merchandise for sale to any person after being told not to do so by that person. 1140.14. Duration of Registration License. Each registration license shall be valid only for the period specified therein, and no registration license may extend beyond the 31st day of December of the year in which it is granted. 1140.15. Exclusion of Peddlers and Solicitors. Any person who wishes to exclude Peddlers or Solicitors or Transient Merchants from premises occupied by him 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 3 3/4 inches long and 3 3/4 inches wide and the printing thereon shall not be smaller than 48 point type. No Peddler or Solicitor or Transient Merchant shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is placed and maintained notwithstanding the fact that he may have obtained a solicitation certificate or solicitation credentials, as the case may be, under the provisions of this Section. No person other than the person occupying such premises shall remove, injure or deface such placard or sign. 1140.17. Suspension and Revocation. A. Any license may be temporarily suspended by the City Manager or revoked by the Council for a violation of any provision of this section of the following: 1. Fraud, misrepresentation, or incorrect statements on the application form; 2. Fraud, misrepresentation, or false statements made during the course of the license activity; 3. Conviction of any offense for which granting of a license could have been denied under this chapter; 4. Violation of any provision of this chapter; or 5. Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. B. Notice. Prior to revoking or suspending any license issued under this chapter, the City shall provide the license holder with written notice of the alleged violation(s) and inform the licensee of the licensee’s right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, the business address provided on the license application. C. Hearing. Upon receiving the notice provided in subsection B of this section, the licensee shall have the right to request a hearing. If no request for a hearing is received by the city within ten (10) days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a hearing is requested within the required time, a hearing shall be scheduled within twenty (20) days from the date of the request. The police chief or the chief’s designee shall be the hearing officer and shall render a decision. The decision of the chief is final unless the licensee within five (5) days appeals the decision to the city council. D. Emergency. If, in the discretion of the chief of police or the chief’s designee, imminent harm to the health or safety of the public may occur because of the actions of a peddler or solicitor licensed under this chapter, the chief of police may immediately suspend the person’s license and provide notice of the right to hold a subsequent public hearing as prescribed in subsection B of this section. E. Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. Before any temporary suspension or revocation occurs, the licensee shall be notified of the violation and have the opportunity to respond to it. 1140.19. Compliance with Zoning. Transient Merchants and Transient Produce Merchants shall comply with provisions of the Plymouth Zoning Code. Compliance with the zoning ordinance location, information, and plan requirements shall be verified in writing by the Director of Community Development. SECTION 3. Effective Date. This ordinance shall be effective upon passage and publication in accordance with law. Adopted this 10th day of November, 2003 by the City Council of the City of Plymouth, Minnesota. CITY OF PLYMOUTH Judy A. Johnson, Mayor ATTEST: Sandra R. Paulson, City Clerk