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HomeMy WebLinkAbout07-11-2011El B A I, E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 11, 2011 Council Chambers, City Hall Meeting No. 13-11 CALL TO ORDER Agenda Item E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:06 p.m. by Mayor Rossbach. PLEDGE OF ALLEGIANCE ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present APPROVAL OF AGENDA The following items were added or changed to the agenda by councilmembers: J5. Approval of Neighborhood Stop Sign Requests - moved to after the consent agenda. N1. National Night Out — Councilmember Juenemann Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes — All The motion passed. APPROVAL OF MINUTES 1. Approval of June 27, 2011, City Council Special Meeting/Economic Development Authority (EDA) Minutes Councilmember Juenemann moved to approve the June 27, 2011, City Council Special Meeting/Economic Development Authority (EDA) Minutes as amended naming councilmember john nephew as chair of the EDA. Seconded by Councilmember Koppen Ayes — All The motion passed. 2. Approval of June 27, 2011, City Council Meeting Minutes Councilmember Nephew moved to approve the June 27, 2011, City Council Minutes as submitted. Seconded by Councilmember Llanas Ayes — All The motion passed. July 11, 2011 1 City Council Meeting Minutes Agenda Item E2 F. APPOINTMENTS AND PRESENTATIONS 1. Presentation by Ramsey County Attorney John Choi: Ramsey County Attorney John Choi introduced himself to the City Council and also recognized his good working relationship with Chief Thomalla and City Attorney Kantrud. He stated that he looked forward to working with the City. 2. Presentation of Maplewood's 2011 City of Excellence Award from the League of Minnesota Cities. City Manager Antonen presented the Mayor and City Council the award for performing outstanding work in the Community for the joint efforts with North St. Paul in forming a joint powers agreement for Recreation Programming. 3. Presentation on the Maplewood Community Garden Program. Oakley Biesanz, Naturalist gave a report on the community gardens located throughout the City and the benefits of the gardens to the community. Also speaking was Jon Addington from First Evangelical Free Church on the importance of community gardens in the community. G. CONSENT AGENDA Councilmember Juenemann moved to approve consent agenda items 1-14. Seconded by Councilmember Llanas Ayes — All The motion passed. 1. Approval Of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 378,379.89 Checks # 84585 thru # 84639 dated 06/20/11 thru 06/08/11 $ 166,880.04 Disbursements via debits to checking account dated 06/17/11 thru 06/24/11 $ 681,856.90 Checks # 84640 thru # 84704 dated 06/27/11 thru 07/05/11 $ 347,439.90 Disbursements via debits to checking account Dated 06/22/11 thru 07/01/11 $ 1,574,556.73 Total Accounts Payable PAYROLL $ 521,248.46 Payroll Checks and Direct Deposits dated 06/24/11 $ 2,335.01 Payroll Deduction check # 84529 thru # 84531 dated 06/24/11 $ 523,583.47 Total Payroll $ 2,098,140.20 GRAND TOTAL Seconded by Councilmember Llanas Ayes — All The motion passed. July 11, 2011 2 City Council Meeting Minutes Agenda Item E2 2. Approval of Spring 2011 Clean -Up Event Summary Councilmember Juenemann moved to approve the Spring 2011 Clean -Up Event Summary. Seconded by Councilmember Llanas Ayes — All The motion passed. 3. Approval of Resolution of Appreciation for Carole Lynne, Environmental and Natural Resources Commission Councilmember Juenemann moved to approve the Resolution of Appreciation for Carole Lynne, Environmental and Natural Resources Commission. RESOLUTION 11-7-597 RESOLUTION OF APPRECIATION WHEREAS, Carole Lynne has been a member of the Maplewood Environmental and Natural Resources Commission for four years and five months, November 27, 2006 to May 6, 2011; and served on the Environmental and Natural Resources Committee for two years prior to her appointment to the Commission. Ms. Lynne has served faithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Lynne has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Lynne has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Carole Lynne is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on July 11, 2011. Will Rossbach, Mayor Passed by the Maplewood Environmental and Natural Resources Commission on June 20, 2011. Bill Schreiner, Chairperson Attest: Karen Guilfoile, City Clerk Seconded by Councilmember Llanas Ayes — All The motion passed. July 11, 2011 City Council Meeting Minutes 3 Agenda Item E2 4. Approval of Resolution of Appreciation for Shelly Strauss, Business and Economic Development Commission Councilmember Juenemann moved to approve the Resolution of Appreciation for Shelly Strauss, Business and Economic Development Commission. RESOLUTION 11-7-598 RESOLUTION OF APPRECIATION WHEREAS, Shelly Strauss has been a member of the Maplewood Business and Economic Development Commission since March 1, 2010, until April 28, 2011, and has served faithfully in that capacity; and WHEREAS, the Business and Economic Development Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Strauss has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Strauss has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Shelly Strauss is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on 12011 Will Rossbach, Mayor Passed by the Maplewood Business and Economic Development Commission on June 23, 2011 Mark Jenkins, Chairperson Attest: Karen Guilfoile, City Clerk Seconded by Councilmember Llanas Ayes — All The motion passed. 5. Approval of Resolution Certifying Election Judges for the August 9, 2011 Primary Municipal Election Councilmember Juenemann moved to approve the Resolution Certifying Election Judges for the August 9, 2011 Primary Municipal Election. July 11, 2011 4 City Council Meeting Minutes Agenda Item E2 RESOLUTION 11-7-599 RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2011 Primary Municipal Election to be held on Tuesday, August 9, 2011. Ahrens, Fran Fowler, Cynthia Kramer, Patricia Aikens, Meridith Franzen, James Krekelberg, Mona Lou Albu, Josephine Freer, Mary Jo Kwapick, Clemence Anderson, Beverly Friedlein, Charlene Kwapick, Jackie Anderson, Elsie Friedlein, Richard Lackner, Marvella Anderson, Nancy Fuller, Mary Katherine Lampe, Charlotte Anderson, Suzanne Galligher, Patricia Larson, Michelle Anderson, Vivian Gebauer, Victor Lauren, Lorraine Ansari, Ahsan Gierzak, Sister Clarice LaValle, Faylene Arnold, Ajla Gipple, Kristine Lawrence, Donna Arnold, Carole Golaski, Diane Leiter, Barbara Bartelt, Joan Gudknecht, Jamie Leo , Pati Bedor, David Guthrie, Rosie Leonard, Claudette Behr, Jeanette Haack, Donita Letourneau, Sandra Belland, Jaime Hafner, Michael Lincowski, Steve Berry, Robert Hahn Ohs, Sandra Lincowski, Vi Bjorklund, Diane Hanson, Joan Liptak, Marianne Bolden, Donita Hart, Barbara Lockwood, Jackie Bortz, Albert Herber, Darlene Loipersbeck, Darlene Bortz, Jeanne Hickey, Donna Loipersbeck, Jules Bunkowske, Bernice Hill, Jan Lowe -Adams, Shari Carbone, Joyce Hilliard, Barb Lucas, Lydia Carle, Jeanette Hines, Constance Luttrell, Shirley Carson, Fannie Hinnenkamp, Gary Mahowald, Valerie Cleland, Ann Horgan, Gerald Mahre, Jeri Combe, Edward Horgan, Sharon Manthey, John Connelly, Thomas Horwath, Ivori Marsh, Delores Connolly, Colleen Hulet, Jeanette Maskrey, Thomas D'Arcio, India Hulet, Robert Mauston, Shelia Deeg, Edward Iversen, Mildred McCann, John Demko, Fred Jaafaru, Timothy McCarthy, Peggy Desai, Kalpana Jagoe, Carole McCauley, Judy DeZelar, Phil Jahn, David McCormack, Melissa Dickson, Helen Jean Jefferson, Gwendolyn Mealey, Georgia Droeger, Diane Jensen, Robert Mechelke, Geraldine Duellman, Audrey Johannessen, Judith Mechelke, Mary Lou Eickhoff, Carolyn Johansen, Kathleen Miller, Charlotte Erickson, Elizabeth Johnson, Barbara Moen, Bill Erickson, Eric Johnson, Warren Moenck, Mary Ann Erickson, Sue Jones, Shirley Moreno, Marlene Evans, Carol Jurmu, Joyce Mudek, Dolores Fernholz, Jean Kaul, Shirley Mudek, Leo Finch, Roberta Kirchoff, Harold Muraski, Gerry Fischer, Mary Kliethermes, Jami Myster, Thomas Fischer, Lorraine Knauss, Carol Nephew, Shelly Fischer, Peter Knutson, Lois Nettleton, Janet Fitzgerald, Delores Koch, Rosemary Newcomb, Mary Fosburgh, Anne Kramer, Dennis Nichols, Miranda July 11, 2011 5 City Council Meeting Minutes Agenda Item E2 Nieters, Louise Sandberg, Janet Taylor, Rita Nissen, Helen Satriano, Pauline Thormforde, Faith Niven, Amy Sauer, Elmer Tolbert, Franklin Norberg, Ann Sauer, Kathleen Trippler, Dale Noyes, Douglas Sauro, Janet Tschida, Micki O'Brien, D. William Scheunemann, Urbanski, Carolyn (Bill) Marjorie Urbanski, Holly Olson, Norman Schiff, Marge Urbanski, Michelle Olson, Lois Schluender, Cynthia Urbanski, William Olson, Anita Schneider, Mary Ann VanBlaricom, Beulah Olson, Stacy Schultz, Louise Vanek, Mary Oslund, Kathryn Scott, Jacobs Volkman, Phyllis Paddock, Ken Shores, Teresa Wasmundt, Gayle Parent, Dian Skaar, Delaney Webb, Paulette Peitzman, Lloyd Skaar, Susan Weiland, Connie Peper, Marilyn Smart, Katherine Wessell, Warren Philbrook, Frances Spangler, Bob Whitcomb, Larry Pickett, William Spies, Louis Witschen, Delores Priefer, Bill Stafki, Tim Wold, Hans Renslow, Rita Steenberg, Judith Wood, Susan Rieper, Allan Steenberg, Richard Yorkovich, Cindy Rodriguez, Vincent Stenson, Karen Zacho, Karen Rohrbach, Charles Stevens, Sandra Zager, Scott Rohrbach, Elaine Storm, Mary Zian, Helen Roller, Carolyn Strack, Joan Rudeen, Elaine Sweningeon, Rudolph Saltz, Rosalie Taylor, Lori Seconded by Councilmember Llanas Ayes — All The motion passed. 6. Approval of Amended 2011 Pay Rates for Temporary/Seasonal, Casual Part-time Employees Councilmember Juenemann moved to approve the Amended 2011 Pay Rates for Temporary/Seasonal, Casual Part-time Employees. Seconded by Councilmember Llanas Ayes — All The motion passed. 7. Approval of Settlement Agreement and General Release with Parsons Electric, LLC and ECS Maplewood, LLC for Facility Lease at Maplewood Community Center for Solar Panel Installation Councilmember Juenemann moved to approve the Settlement Agreement and General Release with Parsons Electric, LLC and ECS Maplewood, LLC for Facility Lease at Maplewood Community Center for Solar Panel Installation. Seconded by Councilmember Llanas Ayes — All The motion passed. July 11, 2011 6 City Council Meeting Minutes Agenda Item E2 8. Approval to Enter into IT Shared Services Agreement with the City of Roseville Councilmember Juenemann moved to approve to Enter into IT Shared Services Agreement with the Citv of Roseville. Seconded by Councilmember Llanas Ayes — All The motion passed. 9. Approval to Enter into Collocation License Agreement with Ramsey County Library Board Councilmember Juenemann moved to approve to Enter into Collocation License Agreement with Ramsey County Library Board. Seconded by Councilmember Llanas Ayes — All The motion passed. 10. Approval to Make Payment for Safari Yearly Support Contract Councilmember Juenemann moved to approve to Make Payment for Safari Yearly Support Contract. Seconded by Councilmember Llanas Ayes — All The motion passed. 11. Approval of Bid for Boulevard Tree Inventory Councilmember Juenemann moved to approve the Bid for Boulevard Tree Inventory. Seconded by Councilmember Llanas Ayes — All The motion passed. 12. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Western Hills Area Street Improvements, Project 10-14 Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Western Hills Area Street Improvements, Project 10- 14. RESOLUTION 11-7-600 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 10-14, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 10-14, Western Hills Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 10-14, Change Order No. 1. July 11, 2011 7 City Council Meeting Minutes Agenda Item E2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $29,307.90. The revised contract amount is $5,435,667.21 Adopted by the Maplewood City Council on this 11th day of July 2011. Seconded by Councilmember Llanas Ayes — All The motion passed. 13. Resolution Approving Final Payment and Acceptance of Project, for Lift Station #18 Rehabilitation, City Project 05-29 Councilmember Juenemann moved to approve the Resolution Approving Final Payment and Acceptance of Project, for Lift Station #18 Rehabilitation, City Project 05-29. RESOLUTION 11-7-601 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT LIFT STATION #18 REHABILITATION, CITY PROJECT 05-29 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 05-29, Lift Station #18 Rehabilitation, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Lift Station #18 Rehabilitation project, City Project 05-29, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA, that 1. City Project 05-29 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $104,020.27. Final payment to the United States Treasury, and the release of any retainage or escrow is hereby authorized. Approved this 11th day of July 2011. Seconded by Councilmember Llanas Ayes — All The motion passed. 14. Approval to Purchase Phone Equipment off of State Contract Councilmember Juenemann moved to approve to Purchase Phone Equipment off of State Contract_ Seconded by Councilmember Llanas Ayes — All The motion passed. July 11, 2011 8 City Council Meeting Minutes Agenda Item E2 H. PUBLIC HEARING Gladstone Area Redevelopment Improvements, Project 04-21 a. Assessment Hearing, 7:00 p.m. b. Approve Resolution for Adoption of Assessment Roll Mayor Rossbach opened the public hearing Councilmemeber Nephew moved to continued the Gladstone Area Redevelopment Improvements, Project 04-21 Approve Resolution for Adoption of Assessment Roll to the July 25, 2011 meeting. Seconded by Councilmember Koppen Ayes — All The motion passed. UNFINISHED BUSINESS Trash Collection System Analysis - Consider Approval and Release of the Request for Proposals (RFP) for Comprehensive, Residential Trash Collection Services Environmental Planner Shann Finwall presented the staff report. Dan Krivit, representing Foth Infrastructure & Environment LLC gave a report to the council. Councilmember Llanas moved to approve and release the Request for Proposals (RFP) for Comprehensive, Residential Trash Collection Services. Seconded by Councilmember Nephew The motion passed. The council took a 10 minute recess. Ayes — Mayor Rossbach, Councilmembers Juenemann, Llanas, Nephew Nays — Councilmember Koppen 2. Chicken Ordinance — Consider Approval of the Second Reading of the Chicken Ordinance and Adoption of a Resolution Setting Chicken Permit Fees Environmental Planner Shann Finwall presented the staff report. Shann will send new verbiage to include 100% approval of adjacent property owners. Councilmember Llanas moved to approve the Second Reading of the Chicken Ordinance and Adoption of a Resolution Setting Chicken Permit Fees including 100% approval of adjacent Property owerns. ORDINANCE NO. 913 An Ordinance Allowing the Keeping of Chickens in Single Dwelling Residential Districts The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section amends the Maplewood Zoning Code to allow the keeping of chickens in single dwelling residential districts (except for the R-1 S, Small Lot Single July 11, 2011 City Council Meeting Minutes e✓ Agenda Item E2 Dwelling Residential District). (Additions are underlined and deletions are stricken from the original ordinance.) Chapter 44 (Zoning), Article I I (District Regulations), Division 3 (R-1 Residence District) Sec. 44-6. Definitions. Poultry means domesticated birds that serve as a source of eggs or meat and that include among commercially important kinds, chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others. Sec. 44-103. Prohibited uses. The following uses are prohibited in the R-1 Residence district: (1) The raising or handling of livestock, poultry (except for chickens as outlined in Sections 10-476 through 10-487, Chickens) or animals causing a nuisance, except for licensed kennels. Section 2. This section amends the Maplewood Zoning Code to add clarifying language to the R -1S (Small Lot Single Dwelling Residential District) and R -1R (Rural Single Dwelling Residential Conservation District). There are five single dwelling residential districts in the City as follows: R-1, R -1S, RE - 30,000, RE 40,000, and R-1 R. The R-1 district lists the specific uses. Two other single dwelling residential districts (RE -30,000 and RE 40,000) refer to the R-1 district for permitted and prohibited uses. Clarifying language is needed in the R -1S and R -1R districts to ensure the permitted and prohibited uses are carried over from the R-1 district as well (except for raising of chickens in the R -1S district). (Additions are underlined and deletions are stricken from the original ordinance): Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R -1S Small -lot Single Dwelling Residential District) Sec. 44-192. Re Uses. Permitted uses. The only permitted uses allowed in the R -1S small -lot single dwelling residential district are the permitted uses in the R-1 district. Prohibited uses. (a) Accessory buildings without an associated dwelling on the same premises. The raising or handling of livestock, poultry or animals causing a nuisance, except for licensed kennels. (c) Because of small lot sizes in the R -1S district, the keeping of chickens as outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R -1S district. Chapter 44 (Zoning), Article 11 (District Regulations), Division 3.5 (R -1R Rural Conservation Dwelling District) Sec. 44-118. Uses. (a) ... (b) ... (c) Prohibited uses. The city prohibits the following uses in the R-1 R zoning district: July 11, 2011 10 City Council Meeting Minutes Agenda Item E2 (1) Accessory buildings without an associated single dwelling on the same property. (2) The raising or handling of livestock, poultry (except for chickens as outlined in Sections 10-476 through 10-487, Chickens) or animals causing a nuisance, except for licensed kennels. Section 3. This section adds language to the city's Animal Ordinance (Chapter 10) to address the permitting requirements for chickens in single dwelling residential districts (except the R-1 S district): Chapter 10 (Animals), Article IX (Chickens) Sec. 10-476. Definitions. Brooding means the period of chicken growth when supplemental heat must be provided, due to the bird's inability to generate enough body heat. Chicken means a domesticated bird that serves as a source of eggs or meat. Coop means the structure for the keeping or housing of chickens permitted by the ordinance. Exercise yard means a larger fenced area that provides space for exercise and foraging for the birds when supervised. Hen means a female chicken. Officer means any person designated by the city manager as an enforcement officer. Rooster means a male chicken. Run means a fully enclosed and covered area attached to a coop where the chickens can roam unsupervised. Sec. 10-477. Purpose. It is recognized that the ability to cultivate one's own food is a sustainable activity that can also be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the keeping and maintenance of hens for egg and meat sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community. Sec. 10-478. Investigation and Enforcement. Officers designated by the city manager shall have authority in the investigation and enforcement of this article, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The officer shall make investigations as is necessary and may grant, deny, or refuse to renew any application for permit, or terminate an existing permit under this article. Sec. 10-479. Limitations for each single dwelling residential unit, except the R -1S district where the keeping of chickens is prohibited: July 11, 2011 11 City Council Meeting Minutes Agenda Item E2 (1) No more than ten (10) hens shall be housed or kept on any one (1) residential lot in any area of the city zoned for single dwelling residential with a permit as outlined below. (2) Roosters are prohibited. (3) Slaughtering of chickens on the property is prohibited. (4) Leg banding of all chickens is required. The bands must identify the owner and the owner's address and telephone number. (5) A separate coop is required to house the chickens. Coops must be constructed and maintained to meet the following minimum standards: (a) Located in the rear or side yard. (b) Setback at least five (5) feet from the rear or side property lines. (c) Interior floor space — four (4) square feet per bird. (d) Interior height — six (6) feet to allow access for cleaning and maintenance. (e) Doors — one (1) standard door to allow humans to access the coop and one (1) for birds (if above ground level, must also provide a stable ramp). (f) Windows — one (1) square foot window per ten (10) square feet floor space. Windows must be able to open for ventilation. (g) Climate control — adequate ventilation and/or insulation to maintain the coop temperature between 32 — 85 degrees Farenheit. (h) Nest boxes — one (1) box per every three (3) hens. (i) Roosts — one and one-half (1 %2) inch diameter or greater, located eighteen (18) inches from the wall and two (2) to three (3) inches above the floor. (j) Rodent proof — coop construction and materials must be adequate to prevent access by rodents. (k) Coops shall be constructed and maintained in a workmanlike manner. (6) A run or exercise yard is required. (a) Runs must be constructed and maintained to meet the following minimum standards: 1) Location: rear or side yard. 2) Size: Ten (10) square feet per bird, if access to a fenced exercise yard is also available; sixteen (16) square feet per bird, if access to an exercise yard is not available. If the coop is elevated two (2) feet so the hens can access the space beneath, that area may count as a portion of the minimum run footprint. July 11, 2011 12 City Council Meeting Minutes Agenda Item E2 3) Height: Six (6) feet in height to allow access for cleaning and maintenance. 4) Gate: One gate to allow human access to the run. 5) Cover: Adequate to keep hens in and predators out. 6) Substrate: Composed of material that can be easily raked or regularly replace to reduce odor and flies. (b) Exercise yards must be fenced and is required if the run does not provide at least sixteen (16) square feet per bird. Exercise yards must provide a minimum of one -hundred seventy-four (174) square feet per chicken. (7) Chickens must not be housed in a residential house or an attached or detached garage, except for brooding purposes only. (8) All premises on which hens are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surrounding must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property. Failure to comply with these conditions may result in the officer removing chickens from the premises or revoking a chicken permit. (9) All grain and food stored for the use of the hens on a premise with a chicken permit shall be kept in a rodent proof container. (10) Hens shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. (11) Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require chicken carcasses to be disposed of as soon as possible after death, usually within forty-eight (48) to seventy-two (72) hours. Legal forms of chicken carcass disposal include burial, off-site incineration or rendering, or composting. Sec. 10-480. Permit required. The officer shall grant a permit for chickens after the applicant has sought the written consent of one hundred (100) percent of the owners or occupants of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant's property lines are one hundred fifty (150) feet or more from any house. Where an adjacent property consists of a multiple dwelling or multi -tenant property, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. Sec. 10-481. Application. Any person desiring a permit required under the provisions of this article shall make written application to the city clerk upon a form prescribed by and containing such July 11, 2011 13 City Council Meeting Minutes Agenda Item E2 information as required by the city clerk and officer. Among other things, the application shall contain the following information: (1) A description of the real property upon which it is desired to keep the chickens. (2) The breed and number of chickens to be maintained on the premises. (3) A site plan of the property showing the location and size of the proposed chicken coop and run, setbacks from the chicken coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, style, and height of fencing proposed to contain the chickens in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan. (4) Statements that the applicant will at all times keep the chickens in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit. (5) Such other and further information as may be required by the officer. Sec. 10-482. Permit conditions. (1) If granted, the permit shall be issued by the city clerk and officer and shall state the conditions, if any, imposed upon the permitted for the keeping of chickens under this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintain such chickens. Sec. 10-483. Violations. (1) Any person violating any of the sections of this ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be punished in accordance with section 1- 15. (2) If any person is found guilty by a court for violation of this section, their permit to own, keep, harbor, or have custody of chickens shall be deemed automatically revoked and no new permit may be issued for a period of one (1) year. (3) Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including but not limited to the pickup and impounding of chickens. Sec. 10-484. Required; exceptions. No person shall (without first obtaining a permit in writing from the city clerk) own, keep, harbor or have custody of any live chicken. Sec. 10-485. Fees; issuance. July 11, 2011 14 City Council Meeting Minutes J. Agenda Item E2 For each residential site the fee for a permit is as may be imposed, set, established and fixed by the City Council, by resolution, from time to time. Sec. 10-486. Term. The permit period under this section shall expire one (1) year from the date the permit is issued. Sec. 10-487. Revocation. The city manager may revoke any permit issued under this ordinance if the person holding the permit refuses or fails to comply with this ordinance, with any regulations promulgated by the city council pursuant to this ordinance, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten (10) days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the permit fee shall be refunded. Seconded by Councilmember Nephew Ayes — Mayor Rossbach, Councilmembers Koppen, Llanas, Nephew Nays — Councilmember Juenemann The motion passed. Couniclmember Koppen moved to set the Chicken Permit fee of $75 for initial application and $50 for renewals. Seconded by Mayor Rossbach Ayes — Mayor Rossbach, Councilmembers Koppen, Llanas, Nephew Nays — Councilmember Juenemann The motion passed. 3. Heritage Preservation Ordinance Amendments — Consider Approval of the Second Reading Councilmember Nephew moved to approve the Second Reading of the Heritage Preservation Ordinance Amendments. Seconded by Councilmember Juenemann Ayes — All The motion passed. NEW BUSINESS Conditional Use Permit / Parking Lot Setback Violation, Merit Chevrolet, 2695 Brookview Drive Assistant City Manager Ahl presented the report informing the council that Merit Chevrolet has agreed to all of the changes requested by staff that brings them into compliance of the conditional use permit. 2. Consider Resolution Opposing County -Wide Taxes to Support Stadium Proposal Councilmember Nephew moved to approve the Resolution Opposing County -Wide Taxes to Support Stadium Proposal as submitted. July 11, 2011 City Council Meeting Minutes 15 Agenda Item E2 RESOLUTION 11-7-596 RESOLUTION OPPOSING THE IMPOSITION OF A'/2 CENT SALES TAX IN RAMSEY COUNTY FOR THE CONSTRUCTION OF A VIKINGS STADIUM IN ARDEN HILLS WHEREAS, the Maplewood City Council recognizes the social and economic value of the Minnesota Vikings Football team to the State of Minnesota; and, WHEREAS, to preserve the Minnesota Vikings as a valuable State amenity, the Maplewood City Council understands the desire to find a solution to the Vikings' stated interest in developing a new stadium; and, WHEREAS, a proposal has been put forth by the Minnesota Vikings and the Ramsey County Board of Commissioners to construct a new stadium in Arden Hills on the site of the former Twin Cities Army Ammunitions Plant (TCAAP); and, WHEREAS, to finance the construction of this facility, the Ramsey County Board has proposed the imposition of a Y2 cent sales tax collected in Ramsey County in an amount sufficient to generate $350 million; and, WHEREAS, it has been proposed that the taxpayers of Ramsey County be denied the right to vote for or against a stadium -funding sales tax increase in a referendum; and, WHEREAS, Maplewood retailers face competition from nearby counties that would have lower sales tax rates if this stadium tax were approved, as well as internet retailers who often do not collect sales taxes at all; and, WHEREAS, a higher local sales tax rate may make Maplewood commercial properties less attractive than those in neighboring counties, potentially hurting property values in an already difficult real estate market and increasing the relative tax burden on residential properties; and, WHEREAS, the City of Maplewood, even while losing all Market Value Homestead Credit payments from the State of Minnesota, has sought both to minimize the growth of taxes on our residents and to maintain the funding of basic municipal functions; and, WHEREAS, it is unfair and inequitable for the residents and businesses of Maplewood to be asked to bear a disproportionate financial burden for the construction of a State-wide and region -wide amenity, particularly when the benefit to taxpayers is tangential at best; NOW THEREFORE, BE IT RESOLVED, that the Maplewood City Council opposes the imposition of a Y2 cent sales tax in Ramsey County to support the construction of a Vikings stadium in Arden Hills; and, BE IT FURTHER RESOLVED, that the Maplewood City Council encourages the Governor, the Legislature, the Ramsey County Board, the Minnesota Vikings and other interested parties to consider options for constructing a stadium that minimize risk to the taxpayers, limit the level of public subsidy (particularly for the host community), and promote a fair, multi -jurisdictional participation for a State-wide amenity. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Approval of Lease Agreement with Subway Real Estate, LLC to Operate in the MCC Councilmember Juenemann moved to approve the Lease Agreement with Subway Real Estate, LLC to Operate in the MCC. Seconded by Councilmember Llanas Ayes — All The motion passed. July 11, 2011 16 City Council Meeting Minutes K. Agenda Item E2 4. Approval of Contracts for the Installation of Lights at Goodrich Park Field #1 Councilmember Juenemann moved to approve the Contracts for the Installation of Lights at Goodrich Park Field #1 to Graybar Electric for a purchase price of $49,671.00. Seconded by Councilmember Koppen Ayes — All The motion passed. 5. Approval of Neighborhood Stop Sign Requests (this item was heard ahead of item H1.) Addressed the council: Gene Leslie, Maplewood Chad Remackel, Maplewood Gary Lonetti, Maplewood Councilmember Juenemann moved to table the Neighborhood Stop Sign Requests for staff to further research the issue and bring additional information back to the council for consideration at a future meeting. This is to include a polling of the neighborhood and input from Mounds Park Academy. Seconded by Councilmember Nephew Ayes — All The motion passed. VISITOR PRESENTATIONS 1. Dave Schelling, Maplewood 2. Bob Zick, North St. Paul 3. Paul Pearson, Homeless 4. Bryan Olson, Ramsey County Charter Commission 5. Mark Bradley, Maplewood L. AWARD OF BIDS None. M. 101 A ADMINISTRATIVE PRESENTATIONS None. COUNCIL PRESENTATIONS 1. National Night Out Councilmember Juenemann reminded everyone that national night out is on August 2, 2011 and encouraged the community to participate. ADJOURNMENT Mayor Rossbach adjourned the meeting at 10:31 p.m. July 11, 2011 17 City Council Meeting Minutes For The Permanent Record Meeting Date: ' Hr it Agenda Item#: xg— (edited version of Resolution, proposed by Councilmember Nephew) RESOLUTION OPPOSING THE IMPOSITION OF A % CENT SALES TAX IN RAMSEY COUNTY FOR THE CONSTRUCTION OF A VIKINGS STADIUM IN ARDEN HILLS WHEREAS, the Maplewood City Council recognizes the social and economic value of the Minnesota Vikings Football team to the State of Minnesota; and, WHEREAS, to preserve the Minnesota Vikings as a valuable State amenity, the Maplewood City Council understands the desire to find a solution to the Vikings' stated interest in developing a new stadium; and, WHEREAS, a proposal has been put forth by the Minnesota Vikings and the Ramsey County Board of Commissioners to construct a new stadium in Arden Hills on the site of the former Twin Cities Army Ammunitions Plant (TCAAP); and, WHEREAS, to finance the construction of this facility, the Ramsey County Board has proposed the imposition of a'/ cent sales tax collected in Ramsey County in an amount sufficient to generate $350 million; and, WHEREAS, it has been proposed that the taxpayers of Ramsey County be denied the right to vote for or against a stadium -funding sales tax increase in a referendum; and, WHEREAS, Maplewood retailers face competition from nearby counties that would have lower sales tax rates if this stadium tax were approved, as well as internet retailers who often do not collect sales taxes at all; and, WHEREAS, a higher local sales tax rate may make Maplewood commercial properties less attractive than those in neighboring counties, potentially hurting property values in an already difficult real estate market and increasing the relative tax burden on residential properties; and, WHEREAS, the City of Maplewood, even while losing all Market Value Homestead Credit payments from the State of Minnesota, has sought both to minimize the growth of taxes on our residents and to maintain the funding of basic municipal functions; and, WHEREAS, it is unfair and inequitable for the residents and businesses of Maplewood to be asked to bear a disproportionate financial burden for the construction of a State-wide and region -wide amenity, particularly when the benefit to taxpayers is tangential at best; NOW THEREFORE, BE IT RESOLVE©, that the Maplewood City Council opposes the imposition of a V2 cent sales tax in Ramsey County to support the construction of a Vikings stadium in Arden Hills; and, BE IT FURTHER RESOLVED, that the Maplewood City Council encourages the Governor, the Legislature, the Ramsey County Board, the Minnesota Vikings and other interested parties to consider options for constructing a stadium that minimize risk to the taxpayers, limit the level of public subsidy (particularly for the host community), and promote a fair, multi jurisdictional participation for a State-wide amenity. City of Maplewood Official Public Hearing Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic far up to five minutes. Public Searing: Gladstone Area Redevelopment Improvements Date: July 11, 2011 Time: 7:00 p.m. or later Name (first & last) - please pint Address 2. 3. N 6. 7. 8, 9, 10. 11. 12. 13. 14. City of Maplewood Official Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the City Council . .......... Date: July 11, 2011 Time: 7:00 p.m. Name (first & last) - 12lease print clear 4. X / ts' t- ,�_T5 5A 5. 6'A 6.- 7. 17 it 9. 10. 11. 12. 13. 14. 15. Address All