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HomeMy WebLinkAbout09-22-2014 City Council Meeting Minutes September 22, 2014 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, September 22, 2014 Council Chambers, City Hall Meeting No. 16-14 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m. by Mayor Slawik. B. PLEDGE OF ALLEGIANCE Boy Scout Senior Patrol Leader Collin Burkfeld led the Pledge of Allegiance C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA Councilmember Cardinal moved to move agenda item M2 after Council Presentations. Seconded by Councilmember Koppen Ayes – All The motion passed. N1 Latino Round Table N2 White Bear Chamber Event N3 Cable Commission N4 3M Visit and Event N5 Revolution TAB and Rush Line N6 Ramsey Family Collaborative N7 Monthly Cable Show N8 Business Group N9 Environmental & Natural Resource Commission Meeting Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Cardinal Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of September 8, 2014 City Council Workshop Minutes Councilmember Juenemann moved to approve the September 8, 2014 City Council September 22, 2014 City Council Meeting Minutes 2 Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of September 8, 2014 City Council Meeting Minutes Councilmember Juenemann noted a correction on page 5 of the minutes, change negations to negotiations in the first paragraph. Councilmember Juenemann moved to approve the September 8, 2014 City Council Meeting Minutes as amended. Seconded by Councilmember Abrams Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Presentation by Ramsey County Sheriff Matt Bostrom Ramsey County Sheriff Matt Bostrom addressed the council to give an overview of the different functions of the Sheriff’s Department. He also gave an update about what the Ramsey County Sheriff’s Department has been working on and some of the projects they will be working on in 2015. Inspector Mark Wiegel from the Ramsey County Sheriff’s Department addressed the council and reported on the work he is currently doing with the legislature regarding Data Privacy. 2. Presentation of a $2,500 Donation from Maplebrook Pet Care Center for the Purchase of Ballistic Vests for Police K-9’s Police Chief Schnell gave the staff report. Dr. Kristina Andrusko-Bipes and Dr. Amberleigh Barker, owners of Maplebrook Pet Care Center addressed the council to present Mayor Slawik with a check from the fundraiser put on by Maplebrook Pet Care Center and gave information about the fundraiser. 3. Approval of Resolution Recognizing October As National Domestic Violence Awareness Month and Support for Engagement in the Proposed City-County Joint Domestic Violence Prosecution Effort Interim City Manager Coleman introduced the report. Police Chief Schnell gave the specifics of the report. City Attorney Kantrud gave additional information. Councilmember Juenemann moved to approve the Resolution Recognizing October as National Domestic Violence Awareness Month and Support for Engagement in the Proposed City-County Joint Domestic Violence Prosecution Effort. Resolution 14-9-1116 Recognizing October as National Domestic Violence Awareness Month & September 22, 2014 City Council Meeting Minutes 3 Supports Engagement in the Proposed City-County Joint Prosecution Effort WHEREAS , domestic violence is a crime that invades the homes and destroys the lives of many citizens in the City of Maplewood; the countless problems of domestic violence are not confined to any specific group or groups of people but intersects all economic, racial, and societal areas; and WHEREAS, one of the most effective methods in helping victims of domestic violence is to engage in prevention and educational activities; the recognition and protection of the rights of victims’ due process are vital components of deterrence along with an increase in the public’s awareness about domestic violence; and WHEREAS , in Minnesota , during 2013, at least 25 women were killed by a current or former husband, boyfriend, or intimate partner and at least 7 men were murdered in a case where the suspected, alleged, or convicted perpetrator was a current or former intimate partner and at least 6 family members/friends children were murdered; and WHEREAS , in the City of Maplewood police officers respond to more than 500 domestic violence-related calls for service each year ; and WHEREAS, it is recognized that as a community we cannot assume there is nothing we can do to prevent and/or meaningfully intervene in domestic violence; NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood recognizes October as National Domestic Violence Awareness Month, a time to give thoughtful consideration to domestic and family violence being among the most serious public safety issues of our time; and BE IT FURTHER RESOLVED, that we encourage our fellow citizens, non- governmental organizations, and local faith communities to become involved in domestic violence prevention and encourage the use of available resources such as Harriet Tubman Center, which can help families touched by domestic violence; and FINALLY, BE IT FURTHER RESOLVED, that the City Council of the City of Maplewood supports and encourages the establishment of a clear and coordinated domestic violence response protocol related to domestic and family violence and actively supports full engagement and participation in the proposed City – County Joint Prosecution effort. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Resolution Approving Commission Appointments a. Housing and Economic Development Commission b. Environmental & Natural Resources Commission Interim City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the resolution to appoint Spencer Gansluckner, term expiring September 30, 2017 to the Housing & Economic September 22, 2014 City Council Meeting Minutes 4 Development Commission; and Mollie Miller, term expiring September 30, 2017 and Tom Sinn, term expiring September 30, 2017 to the Environmental & Natural Resources Commission. Resolution 14-9-1117 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Housing & Economic Development Commission Spencer Gansluckner, term expires September 30, 2017 Environmental & Natural Resources Commission Mollie Miller, term expires September 30, 2017 Tom Sinn, term expires September 30, 2017 Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of Proclamation Recognizing Suburban Community Channel's 30th Year of Community Media Councilmember Abrams read the proclamation then gave a brief overview of the week events that took place recognizing community cable. Mayor Slawik talked about a part of the event where she and Mayor Jo Emerson from White Bear Lake were asked to participate in the green screen readings and they were also asked to consider to do a monthly show. Councilmember Abrams moved to approve the Proclamation Recognizing Suburban Community Channel's 30th Year of Community Media. Proclamation by the Mayor of Maplewood Celebrate Community Media Week and 30 Years of Community Television RWSCC - Ramsey/Washington Counties Suburban Cable Commission Whereas, community cable television provides citizens, local non-profits and governmental and other institutions with access to electronic communications training, equipment, facilities and delivery systems; and enable civic dialogue and participation via cable communications; Whereas, community cable television provides viewers with local coverage of municipal meetings as well as other valuable governmental programming; September 22, 2014 City Council Meeting Minutes 5 Whereas, community cable television contributes to the quality of life in our community; Whereas, the Ramsey Washington Suburban Cable Commission (“Cable Commission”) during its thirty year history of offering community television has made significant contributions to the citizens and government of Maplewood; Whereas, the Ramsey/Washington Counties Suburban Cable Commission (“Cable Commission”) is planning on behalf of its member municipalities “Celebrate Community Media Week “- September 15 - 19, 2014; Now, therefore it be resolved that the City of Maplewood hereby proclaims the week of September 15, 2014 as Celebrate Community Media Week in our community and additionally invites and encourages residents to join in celebrating 30 Years of Community Media by attending the week long Open House and activities for the public to be held at the SCC Community Media Center, 2460 East County Road F, White Bear Lake, Minnesota. Adopted this 22nd day of September, 2014 Seconded by Councilmember Koppen Ayes – All The motion passed. G. CONSENT AGENDA Councilmember Abrams requested agenda item G13 be removed and discussed separately. Councilmember Juenemann requested agenda items G8 and G12 be highlighted. Councilmember Juenemann moved to approve consent agenda items G1-G18. Seconded by Councilmember Cardinal Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 252,847.38 Checks # 93241 thru # 93276 dated 09/09/14 $ 569,887.31 Disbursements via debits to checking account dated 09/02/14 thru 09/05/14 $ 800,113.75 Checks # 93277 thru #93327 dated 09/09/14 thru 09/16/14 $ 330,065.95 Disbursements via debits to checking account dated 09/08/14 thru 09/12/14 September 22, 2014 City Council Meeting Minutes 6 $ 1,952,914.39 Total Accounts Payable PAYROLL: $ 525,931.59 Payroll Checks and Direct Deposits dated 09/12/14 $ 640.00 Payroll Deduction check # 9993213 thru # 9993214 dated 09/12/14 $ 526,571.59 Total Payroll $ 2,479,485.98 GRAND TOTAL Seconded by Councilmember Cardinal Ayes – All The motion passed. 2. Approval of a Fee Waiver for a Temporary Food Sales Permit for Ramsey County Sheriff's Foundation Councilmember Juenemann moved to approve to waive the fee of $555.00 associated with the Temporary Food Sales Permit for the Ramsey County Sheriff’s Foundation “Fright Farm” located at the Ramsey County Fairgrounds, 2020 White Bear Avenue. Seconded by Councilmember Cardinal Ayes – All The motion passed. 3. Approval of Temporary Lawful Gambling Permit(s) for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street Councilmember Juenemann moved to approve the Temporary Lawful Gambling Permits for the Church of the Presentation of the Blessed Virgin Mary to be used on October 6, 2014 for their Mini-Cad Dinner Event to be held at Gulden’s Restaurant & Bar, located at 2999 Highway 61 North; and on November 22, 2014 for their Turkey Bingo Event to be held at the Church of the Presentation of the Blessed Virgin Mary, located at 1725 Kennard Street. Seconded by Councilmember Cardinal Ayes – All The motion passed. 4. Approval of a Conditional Use Permit Review – Maplewood Toyota, 2873 Maplewood Drive Councilmember Juenemann moved to approve to review the conditional use permit for Maplewood Toyota again only if a problem arises or a major change is proposed. Seconded by Councilmember Cardinal Ayes – All The motion passed. September 22, 2014 City Council Meeting Minutes 7 5. Approval of a Conditional Use Permit Review – Hill Murray School, 2625 Larpenteur Avenue Councilmember Juenemann moved to approve to review the conditional use permit for Hill Murray School again in one year. Seconded by Councilmember Cardinal Ayes – All The motion passed. 6. Approval of Contract between the City of Maplewood and ISD 622 for Aquatic Programming Services Councilmember Juenemann moved to approve the Contract Between the City of Maplewood and ISD 622 for Aquatic Programming Services and authorizes the Interim City Manager to execute the contract. Seconded by Councilmember Cardinal Ayes – All The motion passed. 7. Approval to Amend Lease Agreement with Subway, 2100 White Bear Avenue N Councilmember Juenemann moved to approve the temporary amendment to Section Four of the Lease Agreement between the City of Maplewood and Subway for a period not to exceed six-months to reduce Subway’s lease payment from $950.00 per month to $500.00 per month starting in September of 2014 and continuing thru February 2015; and provide council with an update including an action plan with a list of options going forward next February 2015. Seconded by Councilmember Cardinal Ayes – All The motion passed. 8. Approval to Enter into Agreement for Sharpshooting of Deer Parks and Recreation Director Konewko gave the staff report. Councilmember Juenemann moved to approve entering into an Agreement with Ramsey County for Sharpshooting Deer in an amount up to $30,000, City Project PM15.010 and direct the Interim City Manager to execute the agreement. Seconded by Councilmember Cardinal Ayes – All The motion passed. 9. Approval of Permissible Use Agreement Between the City of Maplewood and TC Sports, LLC for the use of Carver Community Gym Councilmember Juenemann moved to approve the Services Agreement between the City of Maplewood and TC Sports, LLC for usage of Carver Community Gym and September 22, 2014 City Council Meeting Minutes 8 authorize the Interim City Manager to enter into said contract. Seconded by Councilmember Cardinal Ayes – All The motion passed. 10. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, South Fire Station Improvements, City Project 12-14 Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, for the South Fire Station Improvements, City Project 12-14. Resolution 14-9-1118 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 12-14, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 12-14, South Fire Station Improvements (originally termed Fire Station 1), and has let a construction contract pursuant to Minnesota Statutes, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 12-14, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $17,033.00. The revised contract amount is $3,693,587.00. Seconded by Councilmember Cardinal Ayes – All The motion passed. 11. Approval of Budget Adjustment to Code Compliant Entrance at 1902 City Building, City Project 14-14 Councilmember Juenemann moved to approve the budget adjustment to the proposed work in an amount of $2,519.00 for a total revised budget of $26,405.00, City Project 14- 14. Seconded by Councilmember Cardinal Ayes – All The motion passed. 12. Approval to Enter into Agreement with MindMixer IT Director Fowlds gave the staff report. September 22, 2014 City Council Meeting Minutes 9 Councilmember Juenemann moved to approve to enter into a 5-year agreement with MindMixer to gather citizen input at $2,000 per year. Seconded by Councilmember Cardinal Ayes – All The motion passed. 13. Approval to Install Fiber Optics for South Fire Station Fire Chief Lukin gave the staff report. IT Director Fowlds and Finance Director Bauman answered questions of the council. Councilmember Abrams requested that the expenditure of $76,000 for the Fiber Optics Install for the South Fire Station come from the South Fire Station Project or from the sale of one of the fire stations that the City has for sale. The funds are not to come from the General Fund or the Information Technology Budget. Councilmember Juenemann moved to approve to spend up to $76,000 for the installation of fiber optics for the South Fire Station. Seconded by Councilmember Cardinal Ayes – All The motion passed. 14. Approval to Purchase Security System for South Fire Station Councilmember Juenemann moved to approve to purchase the security system for the South Fire Station in an amount not to exceed $14,000. Seconded by Councilmember Cardinal Ayes – All The motion passed. 15. Approval to Renew Ramsey County GIS Users Group (RCGISUG) Joint Powers Agreement Councilmember Juenemann moved to approve to renew Maplewood’s membership with the Ramsey County GIS User’s Group through December 31, 2017 in the amount of $3,828.41 on an annual basis. Seconded by Councilmember Cardinal Ayes – All The motion passed. 16. Approval to Accept Donation From Maplebrook Pet Care Center for the Purchase of Ballistic Vests for Police K-9’s Councilmember Juenemann moved to approve the Resolution Accepting the Donation made by Maplebrook Pet Care Center in the amount of $2,500 to purchase Ballistic Vests for the Police K-9’s. September 22, 2014 City Council Meeting Minutes 10 Resolution 14-9-1119 EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE MAPLEWOOD POLICE DEPARTMENT WHEREAS, Maplebrook Pet Care Center has presented to the Maplewood Police Department a donation in the amount of $2,500; and WHEREAS, this donation is intended for the purpose of purchasing bullet- resistant vests for Maplewood Police K-9’s; and WHEREAS, the Maplewood City Council is appreciative of the donation and commends Maplebrook Pet Care Center owners and staff for their civic efforts, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1. The donation is accepted and acknowledged with gratitude; and 2. The donation will be appropriated for the Police Department as designated; and 3. The appropriate budget adjustments be made. Passed by the Maplewood City Council on September 22, 2014. Seconded by Councilmember Cardinal Ayes – All The motion passed. 17. County Road B Trail and Safety Improvements, City Project 14-02 a. Approval of Resolution Authorizing Offers for the Acquisition of Temporary and Permanent Easement b. Approval of Resolution Authorizing Condemnation of Property Procedures, if Necessary Councilmember Juenemann moved to approve the Resolution Authorizing Offers for the Acquisition of Temporary and Permanent Easement. Resolution 14-9-1120 AUTHORIZING LAND ACQUISITION FIRM TO MAKE OFFERS TO AQCUIRE NECESSARY EASEMENT FROM LANDOWNERS FOR COUNTY ROAD B TRAIL PROJECT WHEREAS, on January 27, 2014 the City Council passed a resolution supporting the 2014 Safe Routes to School Infrastructure Grant Application and WHEREAS, On April 4, 2014 the City received notification that the City was selected for the SRTS Infrastructure Grant and WHEREAS, On May 12, 2014 the City Council authorized the County Road B Trail and Safety Improvements and September 22, 2014 City Council Meeting Minutes 11 WHEREAS, to construct the trail improvement it has been deemed necessary to acquire property for construction purposes in the form of “temporary easements and/or permanent easements” from the following properties and their respective owners: SITE ADDRESS PROPERTY OWNER ESTIMATED EASEMENT AREA 1424 County Road B East PID: 15-29-22-21-0009 Thomas J. & Kathryn A. Hagedorn 1424 County Road B East Maplewood, MN 55109 TE 0 S.F. 1430 County Road B East PID: 15-29-22-21-0008 Michael Rychlicki 1430 County Road B East Maplewood, MN 55109 TE 406 S.F. 1438 County Road B East PID: 15-29-22-21-0007 Juan Carlos Hernandez 1438 County Road B East Maplewood, MN 55109 TE 719 S.F. 1444 County Road B East PID: 15-29-22-21-0006 Samia & Brandyn L. Henderson 1444 County Road B East Maplewood, MN 55109 TE 719 S.F. 1452 County Road B East PID: 15-29-22-21-0005 Myhomesource, LLC. 800 Nicollet Mall Ste 2850 Minneapolis, MN 55402 TE 719 S.F. 1460 County Road B East PID: 15-29-22-21-0004 Tiffany Ann Morvari 1460 County Road B East Maplewood, MN 55109 TE 719 S.F. 1468 County Road B East PID: 15-29-22-21-0003 Stephen & Beth Herzog 1433 Goose Lake Road St Paul, MN 55110 TE 719 S.F. 1474 County Road B East PID: 15-29-22-21-0002 Chester E. & Lois A. Everson 1474 County Road B East Maplewood, MN 55109 TE 762 S.F. 2140 Barclay Street North PID: 15-29-22-21-0084 Beard Avenue Estates 2400 Blaisdell Avenue, MN 55404 TE 4,238 S.F. 1560 County Road B East PID: 15-29-22-12-0013 Ind School Dist No 622 2520 12th Avenue East North St Paul, MN 55109 TE 6,048 S.F. 1646 County Road B East PID: 15-29-22-12-0002 Leng Her 1646 County Road B East Maplewood, MN 55109 TE 798 S.F. September 22, 2014 City Council Meeting Minutes 12 1654 County Road B East PID: 15-29-22-12-0001 Keith N. & Sharon L. Miller 1654 County Road B East Maplewood, MN 55109 TE 640 S.F. 1660 County Road B East PID: 15-29-22-11-0033 Robert J. Minke II 1660 County Road B East Maplewood, MN 55109 TE 554 S.F. 1670 County Road B East PID: 15-29-22-11-0034 Gregory T. & Linda A. White 1670 County Road B East Maplewood, MN 55109 TE 240 S.F. 1678 County Road B East PID: 15-29-22-11-0035 Douglas L. Kees 1678 County Road B East Maplewood, MN 55109 TE 240 S.F. 1682 County Road B East PID: 15-29-22-11-0036 Soua Yang & Yee Her 1682 County Road B East Maplewood, MN 55109 TE 330 S.F. 2155 Prosperity Road N. PID: 15-29-22-11-0051 Andrew & Gabrielle Weins 2155 Prosperity Road N. Maplewood, MN 55109 Phone: 651-888-8374 weekdays b4 9:45 or after 6:15 gmnwiens@gmail.com TE 509 S.F. 2152 Prosperity Road N. PID: 15-29-22-11-0006 Loyd L. & Diane K. Hanson 2152 Prosperity Road N. Maplewood, MN 55109 TE 395 S.F. 1726 County Road B East PID: 15-29-22-11-0005 Russell S. Scheerer 1726 County Road B East Maplewood, MN 55109 TE 660 S.F. 1732 County Road B East PID: 15-29-22-11-0004 Catherine A. Ptak & Hector Martinez 1732 County Road B East Maplewood, MN 55109 TE 1,007 S.F. 1746 County Road B East PID: 15-29-22-11-0003 Eric J. Sandquist 1746 County Road B East Maplewood, MN 55109 TE 480 S.F. 1754 County Road B East PID: 15-29-22-11-0002 Gregory S. & Carol A. Meemken 1876 280th Ave. Mora, MN 55051 TE 720 S.F. 1758 County Road B East PID: 15-29-22-11-0043 Doua Xiong 1758 County Road B East Maplewood, MN 55109 TE 585 S.F. September 22, 2014 City Council Meeting Minutes 13 1764 County Road B East PID: 15-29-22-11-0045 James J. Regnier 1764 County Road B East Maplewood, MN 55109 TE 776 S.F. 1774 County Road B East PID: 15-29-22-11-0001 Tashi Yangchen 1774 County Road B East Maplewood, MN 55109 TE 677 S.F. PE 108 S.F. 1800 County Road B East PID: 14-29-22-22-0009 City of Maplewood TE 0 S.F. 1810 County Road B East PID: 14-29-22-22-0008 City of Maplewood TE 0 S.F. Entrance to City Campus PID: 14-29-22-22-0007 City of Maplewood TE 0 S.F. 2146 White Bear Ave. N. PID: 14-29-22-22-0010 Norman P. Rappaport c/o Rap Heart LLC 940 3rd Ave., FL 3 New York, NY 10022 TE 0 S.F. XXX White Bear Ave. PID: 14-29-22-22-0011 Kinney Shoe Corporation c/o Rap Heart LLC 940 3rd Ave., FL 3 New York, NY 10022 TE 90 S.F. 2165 White Bear Ave. N. PID: 10-29-22-44-0030 Group Health Plan, Inc. P.O. Box 1309 Minneapolis, MN 55440 TE 200 S.F. 2196 White Bear Ave. N. PID: 11-29-22-33-0057 SCP 2005-c-21-042 LLC One CVS Drive Woonsocket, RI 02895 TE 0 S.F. WHEREAS, it is necessary to begin acquiring said easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Engineer, Attorney and Land Acquisition Team are hereby authorized to acquire the interests in land necessary for the project through direct negotiation with the owner(s) of the following parcels: SITE ADDRESS PROPERTY OWNER ESTIMATED EASEMENT AREA 1424 County Road B East PID: 15-29-22-21-0009 Thomas J. & Kathryn A. Hagedorn 1424 County Road B East Maplewood, MN 55109 TE 0 S.F. September 22, 2014 City Council Meeting Minutes 14 1430 County Road B East PID: 15-29-22-21-0008 Michael Rychlicki 1430 County Road B East Maplewood, MN 55109 TE 406 S.F. 1438 County Road B East PID: 15-29-22-21-0007 Juan Carlos Hernandez 1438 County Road B East Maplewood, MN 55109 TE 719 S.F. 1444 County Road B East PID: 15-29-22-21-0006 Samia & Brandyn L. Henderson 1444 County Road B East Maplewood, MN 55109 TE 719 S.F. 1452 County Road B East PID: 15-29-22-21-0005 Myhomesource, LLC. 800 Nicollet Mall Ste 2850 Minneapolis, MN 55402 TE 719 S.F. 1460 County Road B East PID: 15-29-22-21-0004 Tiffany Ann Morvari 1460 County Road B East Maplewood, MN 55109 TE 719 S.F. 1468 County Road B East PID: 15-29-22-21-0003 Stephen & Beth Herzog 1433 Goose Lake Road St Paul, MN 55110 TE 719 S.F. 1474 County Road B East PID: 15-29-22-21-0002 Chester E. & Lois A. Everson 1474 County Road B East Maplewood, MN 55109 TE 762 S.F. 2140 Barclay Street North PID: 15-29-22-21-0084 Beard Avenue Estates 2400 Blaisdell Avenue, MN 55404 TE 4,238 S.F. 1560 County Road B East PID: 15-29-22-12-0013 Ind School Dist No 622 2520 12th Avenue East North St Paul, MN 55109 TE 6,048 S.F. 1646 County Road B East PID: 15-29-22-12-0002 Leng Her 1646 County Road B East Maplewood, MN 55109 TE 798 S.F. 1654 County Road B East PID: 15-29-22-12-0001 Keith N. & Sharon L. Miller 1654 County Road B East Maplewood, MN 55109 TE 640 S.F. 1660 County Road B East PID: 15-29-22-11-0033 Robert J. Minke II 1660 County Road B East Maplewood, MN 55109 TE 554 S.F. 1670 County Road B East PID: 15-29-22-11-0034 Gregory T. & Linda A. White 1670 County Road B East Maplewood, MN 55109 TE 240 S.F. September 22, 2014 City Council Meeting Minutes 15 1678 County Road B East PID: 15-29-22-11-0035 Douglas L. Kees 1678 County Road B East Maplewood, MN 55109 TE 240 S.F. 1682 County Road B East PID: 15-29-22-11-0036 Soua Yang & Yee Her 1682 County Road B East Maplewood, MN 55109 TE 330 S.F. 2155 Prosperity Road N. PID: 15-29-22-11-0051 Andrew & Gabrielle Weins 2155 Prosperity Road N. Maplewood, MN 55109 Phone: 651-888-8374 weekdays b4 9:45 or after 6:15 gmnwiens@gmail.com TE 509 S.F. 2152 Prosperity Road N. PID: 15-29-22-11-0006 Loyd L. & Diane K. Hanson 2152 Prosperity Road N. Maplewood, MN 55109 TE 395 S.F. 1726 County Road B East PID: 15-29-22-11-0005 Russell S. Scheerer 1726 County Road B East Maplewood, MN 55109 TE 660 S.F. 1732 County Road B East PID: 15-29-22-11-0004 Catherine A. Ptak & Hector Martinez 1732 County Road B East Maplewood, MN 55109 TE 1,007 S.F. 1746 County Road B East PID: 15-29-22-11-0003 Eric J. Sandquist 1746 County Road B East Maplewood, MN 55109 TE 480 S.F. 1754 County Road B East PID: 15-29-22-11-0002 Gregory S. & Carol A. Meemken 1876 280th Ave. Mora, MN 55051 TE 720 S.F. 1758 County Road B East PID: 15-29-22-11-0043 Doua Xiong 1758 County Road B East Maplewood, MN 55109 TE 585 S.F. 1764 County Road B East PID: 15-29-22-11-0045 James J. Regnier 1764 County Road B East Maplewood, MN 55109 TE 776 S.F. 1774 County Road B East PID: 15-29-22-11-0001 Tashi Yangchen 1774 County Road B East Maplewood, MN 55109 TE 677 S.F. PE 108 S.F. 1800 County Road B East PID: 14-29-22-22-0009 City of Maplewood TE 0 S.F. 1810 County Road B East PID: 14-29-22-22-0008 City of Maplewood TE 0 S.F. September 22, 2014 City Council Meeting Minutes 16 Entrance to City Campus PID: 14-29-22-22-0007 City of Maplewood TE 0 S.F. 2146 White Bear Ave. N. PID: 14-29-22-22-0010 Norman P. Rappaport c/o Rap Heart LLC 940 3rd Ave., FL 3 New York, NY 10022 TE 0 S.F. XXX White Bear Ave. PID: 14-29-22-22-0011 Kinney Shoe Corporation c/o Rap Heart LLC 940 3rd Ave., FL 3 New York, NY 10022 TE 90 S.F. 2165 White Bear Ave. N. PID: 10-29-22-44-0030 Group Health Plan, Inc. P.O. Box 1309 Minneapolis, MN 55440 TE 200 S.F. 2196 White Bear Ave. N. PID: 11-29-22-33-0057 SCP 2005-c-21-042 LLC One CVS Drive Woonsocket, RI 02895 TE 0 S.F. Seconded by Councilmember Cardinal Ayes – All The motion passed. Councilmember Juenemann moved to approve the Resolution Authorizing Condemnation of Property, if necessary, for the County Road B Trail and Safety Improvements, City Project 14-02. Resolution 14-9-1121 AUTHORIZING EMINANT DOMAIN PROCEEDINGS ON CERTAIN PROPERTIES FOR COUNTY ROAD B TRAIL PROJECT WHEREAS, on January 27, 2014 the City Council passed a resolution supporting the 2014 Safe Routes to School Infrastructure Grant Application and WHEREAS, On April 4, 2014 the City received notification that the City was selected for the SRTS Infrastructure Grant and WHEREAS, On May 12, 2014 the City Council authorized the County Road B Trail and Safety Improvements and WHEREAS, it has further been determined that the project continues to be necessary, cost effective and feasible and, WHEREAS, to construct the trail improvement it has been deemed necessary to acquire property for construction purposes in the form of “temporary easements” and/or “permanent easements” from the following properties and their respective owners: September 22, 2014 City Council Meeting Minutes 17 SITE ADDRESS PROPERTY OWNER ESTIMATED EASEMENT AREA 1424 County Road B East PID: 15-29-22-21-0009 Thomas J. & Kathryn A. Hagedorn 1424 County Road B East Maplewood, MN 55109 TE 0 S.F. 1430 County Road B East PID: 15-29-22-21-0008 Michael Rychlicki 1430 County Road B East Maplewood, MN 55109 TE 406 S.F. 1438 County Road B East PID: 15-29-22-21-0007 Juan Carlos Hernandez 1438 County Road B East Maplewood, MN 55109 TE 719 S.F. 1444 County Road B East PID: 15-29-22-21-0006 Samia & Brandyn L. Henderson 1444 County Road B East Maplewood, MN 55109 TE 719 S.F. 1452 County Road B East PID: 15-29-22-21-0005 Myhomesource, LLC. 800 Nicollet Mall Ste 2850 Minneapolis, MN 55402 TE 719 S.F. 1460 County Road B East PID: 15-29-22-21-0004 Tiffany Ann Morvari 1460 County Road B East Maplewood, MN 55109 TE 719 S.F. 1468 County Road B East PID: 15-29-22-21-0003 Stephen & Beth Herzog 1433 Goose Lake Road St Paul, MN 55110 TE 719 S.F. 1474 County Road B East PID: 15-29-22-21-0002 Chester E. & Lois A. Everson 1474 County Road B East Maplewood, MN 55109 TE 762 S.F. 2140 Barclay Street North PID: 15-29-22-21-0084 Beard Avenue Estates 2400 Blaisdell Avenue, MN 55404 TE 4,238 S.F. 1560 County Road B East PID: 15-29-22-12-0013 Ind School Dist No 622 2520 12th Avenue East North St Paul, MN 55109 TE 6,048 S.F. 1646 County Road B East PID: 15-29-22-12-0002 Leng Her 1646 County Road B East Maplewood, MN 55109 TE 798 S.F. 1654 County Road B East PID: 15-29-22-12-0001 Keith N. & Sharon L. Miller 1654 County Road B East Maplewood, MN 55109 TE 640 S.F. September 22, 2014 City Council Meeting Minutes 18 1660 County Road B East PID: 15-29-22-11-0033 Robert J. Minke II 1660 County Road B East Maplewood, MN 55109 TE 554 S.F. 1670 County Road B East PID: 15-29-22-11-0034 Gregory T. & Linda A. White 1670 County Road B East Maplewood, MN 55109 TE 240 S.F. 1678 County Road B East PID: 15-29-22-11-0035 Douglas L. Kees 1678 County Road B East Maplewood, MN 55109 TE 240 S.F. 1682 County Road B East PID: 15-29-22-11-0036 Soua Yang & Yee Her 1682 County Road B East Maplewood, MN 55109 TE 330 S.F. 2155 Prosperity Road N. PID: 15-29-22-11-0051 Andrew & Gabrielle Weins 2155 Prosperity Road N. Maplewood, MN 55109 Phone: 651-888-8374 weekdays b4 9:45 or after 6:15 gmnwiens@gmail.com TE 509 S.F. 2152 Prosperity Road N. PID: 15-29-22-11-0006 Loyd L. & Diane K. Hanson 2152 Prosperity Road N. Maplewood, MN 55109 TE 395 S.F. 1726 County Road B East PID: 15-29-22-11-0005 Russell S. Scheerer 1726 County Road B East Maplewood, MN 55109 TE 660 S.F. 1732 County Road B East PID: 15-29-22-11-0004 Catherine A. Ptak & Hector Martinez 1732 County Road B East Maplewood, MN 55109 TE 1,007 S.F. 1746 County Road B East PID: 15-29-22-11-0003 Eric J. Sandquist 1746 County Road B East Maplewood, MN 55109 TE 480 S.F. 1754 County Road B East PID: 15-29-22-11-0002 Gregory S. & Carol A. Meemken 1876 280th Ave. Mora, MN 55051 TE 720 S.F. 1758 County Road B East PID: 15-29-22-11-0043 Doua Xiong 1758 County Road B East Maplewood, MN 55109 TE 585 S.F. 1764 County Road B East PID: 15-29-22-11-0045 James J. Regnier 1764 County Road B East Maplewood, MN 55109 TE 776 S.F. September 22, 2014 City Council Meeting Minutes 19 1774 County Road B East PID: 15-29-22-11-0001 Tashi Yangchen 1774 County Road B East Maplewood, MN 55109 TE 677 S.F. PE 108 S.F. 1800 County Road B East PID: 14-29-22-22-0009 City of Maplewood TE 0 S.F. 1810 County Road B East PID: 14-29-22-22-0008 City of Maplewood TE 0 S.F. Entrance to City Campus PID: 14-29-22-22-0007 City of Maplewood TE 0 S.F. 2146 White Bear Ave. N. PID: 14-29-22-22-0010 Norman P. Rappaport c/o Rap Heart LLC 940 3rd Ave., FL 3 New York, NY 10022 TE 0 S.F. XXX White Bear Ave. PID: 14-29-22-22-0011 Kinney Shoe Corporation c/o Rap Heart LLC 940 3rd Ave., FL 3 New York, NY 10022 TE 90 S.F. 2165 White Bear Ave. N. PID: 10-29-22-44-0030 Group Health Plan, Inc. P.O. Box 1309 Minneapolis, MN 55440 TE 200 S.F. 2196 White Bear Ave. N. PID: 11-29-22-33-0057 SCP 2005-c-21-042 LLC One CVS Drive Woonsocket, RI 02895 TE 0 S.F. And, WHEREAS, it is necessary to begin acquiring said easements through the City’s eminent domain authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: (1) The City Engineer and Attorney are hereby authorized to begin eminent domain proceedings to acquire the interests in land necessary for the project from the following properties and their owners if necessary: SITE ADDRESS PROPERTY OWNER ESTIMATED EASEMENT AREA 1424 County Road B East PID: 15-29-22-21-0009 Thomas J. & Kathryn A. Hagedorn 1424 County Road B East Maplewood, MN 55109 TE 0 S.F. September 22, 2014 City Council Meeting Minutes 20 1430 County Road B East PID: 15-29-22-21-0008 Michael Rychlicki 1430 County Road B East Maplewood, MN 55109 TE 406 S.F. 1438 County Road B East PID: 15-29-22-21-0007 Juan Carlos Hernandez 1438 County Road B East Maplewood, MN 55109 TE 719 S.F. 1444 County Road B East PID: 15-29-22-21-0006 Samia & Brandyn L. Henderson 1444 County Road B East Maplewood, MN 55109 TE 719 S.F. 1452 County Road B East PID: 15-29-22-21-0005 Myhomesource, LLC. 800 Nicollet Mall Ste 2850 Minneapolis, MN 55402 TE 719 S.F. 1460 County Road B East PID: 15-29-22-21-0004 Tiffany Ann Morvari 1460 County Road B East Maplewood, MN 55109 TE 719 S.F. 1468 County Road B East PID: 15-29-22-21-0003 Stephen & Beth Herzog 1433 Goose Lake Road St Paul, MN 55110 TE 719 S.F. 1474 County Road B East PID: 15-29-22-21-0002 Chester E. & Lois A. Everson 1474 County Road B East Maplewood, MN 55109 TE 762 S.F. 2140 Barclay Street North PID: 15-29-22-21-0084 Beard Avenue Estates 2400 Blaisdell Avenue, MN 55404 TE 4,238 S.F. 1560 County Road B East PID: 15-29-22-12-0013 Ind School Dist No 622 2520 12th Avenue East North St Paul, MN 55109 TE 6,048 S.F. 1646 County Road B East PID: 15-29-22-12-0002 Leng Her 1646 County Road B East Maplewood, MN 55109 TE 798 S.F. 1654 County Road B East PID: 15-29-22-12-0001 Keith N. & Sharon L. Miller 1654 County Road B East Maplewood, MN 55109 TE 640 S.F. 1660 County Road B East PID: 15-29-22-11-0033 Robert J. Minke II 1660 County Road B East Maplewood, MN 55109 TE 554 S.F. 1670 County Road B East PID: 15-29-22-11-0034 Gregory T. & Linda A. White 1670 County Road B East Maplewood, MN 55109 TE 240 S.F. September 22, 2014 City Council Meeting Minutes 21 1678 County Road B East PID: 15-29-22-11-0035 Douglas L. Kees 1678 County Road B East Maplewood, MN 55109 TE 240 S.F. 1682 County Road B East PID: 15-29-22-11-0036 Soua Yang & Yee Her 1682 County Road B East Maplewood, MN 55109 TE 330 S.F. 2155 Prosperity Road N. PID: 15-29-22-11-0051 Andrew & Gabrielle Weins 2155 Prosperity Road N. Maplewood, MN 55109 Phone: 651-888-8374 weekdays b4 9:45 or after 6:15 gmnwiens@gmail.com TE 509 S.F. 2152 Prosperity Road N. PID: 15-29-22-11-0006 Loyd L. & Diane K. Hanson 2152 Prosperity Road N. Maplewood, MN 55109 TE 395 S.F. 1726 County Road B East PID: 15-29-22-11-0005 Russell S. Scheerer 1726 County Road B East Maplewood, MN 55109 TE 660 S.F. 1732 County Road B East PID: 15-29-22-11-0004 Catherine A. Ptak & Hector Martinez 1732 County Road B East Maplewood, MN 55109 TE 1,007 S.F. 1746 County Road B East PID: 15-29-22-11-0003 Eric J. Sandquist 1746 County Road B East Maplewood, MN 55109 TE 480 S.F. 1754 County Road B East PID: 15-29-22-11-0002 Gregory S. & Carol A. Meemken 1876 280th Ave. Mora, MN 55051 TE 720 S.F. 1758 County Road B East PID: 15-29-22-11-0043 Doua Xiong 1758 County Road B East Maplewood, MN 55109 TE 585 S.F. 1764 County Road B East PID: 15-29-22-11-0045 James J. Regnier 1764 County Road B East Maplewood, MN 55109 TE 776 S.F. 1774 County Road B East PID: 15-29-22-11-0001 Tashi Yangchen 1774 County Road B East Maplewood, MN 55109 TE 677 S.F. PE 108 S.F. 1800 County Road B East PID: 14-29-22-22-0009 City of Maplewood TE 0 S.F. 1810 County Road B East PID: 14-29-22-22-0008 City of Maplewood TE 0 S.F. September 22, 2014 City Council Meeting Minutes 22 Entrance to City Campus PID: 14-29-22-22-0007 City of Maplewood TE 0 S.F. 2146 White Bear Ave. N. PID: 14-29-22-22-0010 Norman P. Rappaport c/o Rap Heart LLC 940 3rd Ave., FL 3 New York, NY 10022 TE 0 S.F. XXX White Bear Ave. PID: 14-29-22-22-0011 Kinney Shoe Corporation c/o Rap Heart LLC 940 3rd Ave., FL 3 New York, NY 10022 TE 90 S.F. 2165 White Bear Ave. N. PID: 10-29-22-44-0030 Group Health Plan, Inc. P.O. Box 1309 Minneapolis, MN 55440 TE 200 S.F. 2196 White Bear Ave. N. PID: 11-29-22-33-0057 SCP 2005-c-21-042 LLC One CVS Drive Woonsocket, RI 02895 TE 0 S.F. Seconded by Councilmember Cardinal Ayes – All The motion passed. 18. Approval of Resolution Certifying Election Judges for the November 4, 2014 State General Election Councilmember Juenemann moved to approve the Resolution Certifying Election Judges for the November 4, 2014 State General Election. Resolution 14-9-1122 RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2014 State General Election to be held on Tuesday, November 4, 2014. Aikens, Meridith Allen, Jim Anderson, Beverly Anderson, Carole Anderson, Nancy Anderson, Suzanne Ansari, Ahsan Arnold, Ajla Babin, Paul Bartelt, Joan Bedor, David Beggs, Regan Behr, Jeanette Belland, Jaime Bjorklund, Diane Bolden, Donita Booher, Michele Bortz, Jeanne Brandon, Ginny Brandon, Richard Bunkowske, Bernice Bunkowske, Eugene Carle, Jeanette Carson, Fannie Carson, Helen Carson, Justin Cleland, Ann Combe, Edward Connelly, Thomas Connolly, Colleen Dahl, Bonnie DeBernardi, Nancy Desai, Kalpana DeZelar, Phil Dickerson, Charlene Dickson, Helen Jean Diebel, Steve Droeger, Diane Duellman, Audrey September 22, 2014 City Council Meeting Minutes 23 Dunham, Bob Duscher, Marilyn Eickhoff, Carolyn Ewald, Jeanne Fitzgerald, Delores Fowler, Cynthia Franzen, Nick Freer, Mary Jo Fuller, Mary Katherine Garvey, Terrence Gebauer, Victor Gerten, John Golaski, Diane Gravink, Barb Gudknecht, Jamie Gustafson, Dianne Guthrie, Rosie Haddad, Joyce Hahn , Sandra Hahn , Vonna Hanson, Joan Harder, Mary Hart, Barbara Hart, Robert Herber, Darlene Hervig, Cindy Hinnenkamp, Gary Hulet, Jeanette Hulet, Robert Huth, Patricia Huth, Raymond Ingersoll, Carol Jagoe, Carol Jahn, David Jefferson, Gwendolyn Jensen, Robert Johannessen, Judith Johnson, Cheryle Johnson, Warren Jones, Shirley Kane, Myrna Kapfer, Deb Kipka, Judy Knauss, Carol Knutson, Lois Kramer, Dennis Krebsbach, John Kreger, Jason Kroll, Judith Kwapick, Jackie Lampe, Charlotte Layer, Stephanie Layer, Tom Leonard, Claudette Letourneau, Sandra Liptak, Marianne Loipersbeck, Darlene Loipersbeck, Jules Lonetti, Claudia Mahowald, Valerie Mahre, Jeri Malecki, Edward Manthey, John Maskrey, Thomas McCain, Shance McCann, John McCarthy, Larry McCarthy, Peggy McCauley, Judy McDonough, Carol McDonough, Joan McNea, Rosemary Moreno, Marlene Nelson, Clare Nelson, Percy Newcomb, Mary Nichol, Jane Nichols, Miranda Nissen, Helen Norberg, Ann O'Brien, D. William (Bill) Olson, Anita Parent, Dian Peper, Marilyn Plath, Orlin Posch, Roger Putz, Steve Renslow, Rita Rodriguez, Vincent Rossbach, Teresa Rudeen, Elaine Sands, Warren Sauer, Kathleen Sawyer, Sharon Schluender, Cynthia Schmidt, William Schneider, Mary Ann Schramel, Betty Schramel, Jim Seitz, James Seyfer, Deborah Sheppard, Maryjean Shores, Teresa Skaar, Delaney Skaar, Steven Skaar, Susan Sorenson, Kathy Spangler, Bob Stafki, Tim Steenberg, Judith Steenberg, Richard Storm, Mary Taylor, Lori Thomalla, Carol Trippler, Dale Tschida, Micki Urbanski, Carolyn Urbanski, Holly Urbanski, William Vanek, Mary Wasmundt, Gayle Wiesner, Robert Witschen, Delores Wolfe-Haider, Mary Jo Yorkovich, Cindy Zian, Helen Zipko, Leroy Seconded by Councilmember Cardinal Ayes – All The motion passed. H. PUBLIC HEARING September 22, 2014 City Council Meeting Minutes 24 1. Approval of Amendments to the Ordinance Regulating Dangerous Dogs and Waiver of Second Reading City Clerk Haag introduced the staff report. Business Licensing Specialist Beggs gave the specifics of the report. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the first reading of the proposed amendments to Chapter 10, Article III, Division 5 (Dangerous Dogs), and to waive the second reading. Ordinance 942 AMENDMENT TO ORDINANCE REGULATING DANGEROUS DOGS Secs. 10-186—10-188. Reserved. Sec. 10-189. Dangerous/potentially dangerous dogs. The provisions of Minn. Stats. § 347.50—347.56, inclusive, are hereby adopted as the potentially dangerous and dangerous dog regulations for the City of Maplewood. Where a conflict exists between the provisions of the City Code and the provisions of Minn. Stats. §347.50—347.56, inclusive, the provisions of the Minnesota Statutes shall apply. (1) Definitions: For the purpose of this section, the terms defined have the meaning given to them: a. Dangerous dog means any dog that has: 1. without provocation, inflicted substantial bodily harm on a human being on public or private property; or 2. killed a domestic animal without provocation while off the owner’s property; or 3. been found to be potentially dangerous, after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. b. Potentially dangerous dog means any dog that: 1. when unprovoked, inflicts bites on a human or domestic animal on public or private property; or 2. when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner’s property, in an apparent attitude of attack; or 3. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. September 22, 2014 City Council Meeting Minutes 25 c. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which the windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. d. Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. e. Substantial bodily harm has the meaning given it under Minn. Stats. §609.02, subdivision 7a. f. Great bodily harm has the meaning given it under Minn. Stats. §609.02, subdivision 8. g. Provocation means an act that adult could reasonably expect may cause a dog to attack or bite. (2) Initial determination. The city's designated animal control authority shall be responsible for initially determining (initial determination) whether a dog is a potentially dangerous dog or a dangerous dog. The animal control authority may retain custody of a dog which has been initially determined to be a dangerous dog pending the hearing as hereinafter provided. The initial determination shall be conclusive unless the owner appeals the initial determination as hereinafter provided. (3) Notice of initial determination. The notice of initial determination shall be personally served on the owner of the dog or on a person of suitable age at the residence of such owner. The notice of initial determination shall describe the dog deemed to be potentially dangerous or dangerous, shall identify the officer making the initial determination and shall inform the owner of the owner's right to appeal the initial determination. (4) Request for hearing and hearing. An owner may appeal the initial determination by filing a request for hearing with the city manager within five days of the owner's receipt of the notice of initial determination. A hearing shall be held within seven days after the city's receipt of the request for hearing. The city manager shall assign a hearing officer, who shall not be the person who made the initial determination. At the hearing, the hearing officer shall consider the reports and comments of the animal control authority, the testimony of any witnesses, witness statements and the comments of the owner of the dog. After considering all of the evidence submitted, the hearing officer shall make written findings and shall determine whether the dog is a potentially dangerous dog or a dangerous dog (final determination). The findings shall be made within five days of the date of the hearing and shall be personally served upon the owner of the dog or upon a person of suitable age at the residence of the owner. September 22, 2014 City Council Meeting Minutes 26 (5) Seizure of dangerous dog or potentially dangerous dog. The animal control authority shall immediately seize any dangerous or potentially dangerous dog if, within 14 days after the service of the notice of final determination declaring a dog to be a dangerous dog: a. The owner has not registered the dog in compliance with the provisions of subsection 10-189(8a) or (10a). b. The owner does not secure the proper surety bond or liability insurance pursuant to subsection 10-189(8a)(2) or (10a)(4). c. The dangerous or potentially dangerous dog is not maintained in a proper enclosure. d. The dangerous dog is outside a proper enclosure and not under the physical restraint of a responsible person. (6) Reclaiming a dangerous dog or potentially dangerous. A dangerous or potentially dangerous dog may be reclaimed by the owner of the dog upon payment of the impounding and boarding fees and upon presentation of proof to the animal control authority that the requirements of subsection 10-189(8a) or (10a), have been satisfied. A dangerous or potentially dangerous dog not reclaimed under this provision within seven days may be disposed of as provided in Minn. Stats. §35.71, subd.3, and the owner shall be liable to the animal control authority for costs incurred in confining and disposing of the dangerous dog. (7) Substantial/great bodily harm. Upon a final determination and notwithstanding the provisions of subsections 10-189(2)—(6), a dangerous dog that inflicted substantial bodily harm or great bodily harm on a human being on public or private property without provocation may be destroyed in a proper and humane manner by the animal control authority. (8) Dangerous dog restrictions. a. Registration required. No person may keep a dangerous dog in the City of Maplewood unless the dog is registered with the city clerk as provided in this section. The city clerk shall issue a certificate of registration to the owner of the dangerous dog if the owner presents the following information: 1. Proper enclosure. A proper enclosure exists for the dangerous dog and there is a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property. 2. Bond/insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog. September 22, 2014 City Council Meeting Minutes 27 3. Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority, with the costs borne by the dog's owner. 4. Warning symbol. The owner has posted a warning symbol to inform children that there is a dangerous dog on the property. The design of the warning symbol must have been approved by the Minnesota Commissioner of Public Safety. 5. Tag. The dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol affixed to the dog's collar at all times. The design of the tag must have been approved by the Minnesota Commissioner of Public Safety. 6. Photograph. The owner of the dangerous dog shall make the dog available to be photographed for identification by the animal control authority at a time and place specified by the animal control authority. 7. Proof of Disclosure. The owner of a dangerous dog who rents property from another where the dog will reside must submit proof of disclosure from the property owner that the property owner was notified, prior to entering into the lease agreement and at the time of any lease renewal, that the person owns a dangerous dog that will reside at the property. (9) Dangerous dog regulations. a. Annual fee. The owner of a dangerous dog shall pay an annual fee as determined by council ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. b. Annual renewal. The owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased and pay the annual renewal fee as determined by city council ordinance. If the dog is removed from the City of Maplewood, it must be registered as a dangerous dog in its new jurisdiction. c. Death/transfer from city. The owner of any dangerous dog must notify the animal control authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within 30 of the death or transfer. d. Notice to landlord. The owner of a dangerous dog who rents property from another where the dog will reside must disclose to the property owner, prior to entering into the lease agreement, and at the time of any lease renewal, that the person owns a dangerous dog that will reside at the property. September 22, 2014 City Council Meeting Minutes 28 e. Sale. The owner of a dangerous dog must notify the purchaser that the animal control authority has identified the dog as a dangerous dog. The seller must also notify the animal control authority in writing of the sale and provide the animal control authority with the new owner's name, address, and telephone number. f. Muzzling. If the dangerous dog is outside a proper enclosure, the dog must be muzzled and restrained by substantial chain or leash and be under the physical restraint of a reasonable person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. g. Sterilization. The animal control authority may require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the dangerous dog sterilized, the animal control authority may have the animal sterilized at the owner's expense. (10) Potentially dangerous dog restrictions. a. Registration required. No person may keep a potentially dangerous dog in the City of Maplewood unless the dog is registered with the city clerk as provided in this section. The city clerk shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents the following information: 1. Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority, with the costs borne by the dog's owner. 2. Warning symbol. The owner has posted a warning symbol to inform children that there is a potentially dangerous dog on the property. The design of the warning symbol must have been approved by the Minnesota Commissioner of Public Safety. 3. Proper enclosure. A proper enclosure exists for the potentially dangerous dog, and there is a posting on the premises with a clearly visible warning sign, including a warning symbol, to inform children that there is a potentially dangerous dog on the property. 4. Bond/insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the potentially dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the potentially dangerous dog. September 22, 2014 City Council Meeting Minutes 29 5. Photograph. The owner of the potentially dangerous dog shall make the dog available to be photographed for identification by the animal control authority at a time and place specified by the animal control authority. 6. Proof of Disclosure. The owner of a potentially dangerous dog who rents property from another where the dog will reside must submit proof of disclosure from the property owner that the property owner was notified, prior to entering into the lease agreement and at the time of any lease renewal, that the person owns a potentially dangerous dog that will reside at the property. (11) Potentially dangerous dog regulations. a. Annual fee. The owner of a potentially dangerous dog shall pay an annual fee as determined by council ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. b. Annual renewal. The owner of a potentially dangerous dog must renew the registration of the dog annually until the dog is deceased and pay the annual renewal fee as determined by city council ordinance. If the dog is removed from the City of Maplewood, it must be registered as a potentially dangerous dog in its new jurisdiction. c. Death/transfer from city. The owner of any potentially dangerous dog must notify the animal control authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within 30 days of the death or transfer. d. Notice to landlord. The owner of a potentially dangerous dog who rents property from another where the dog will reside must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease renewal, that the person owns a potentially dangerous dog that will reside at the property. e. Sale. The owner of a potentially dangerous dog must notify the purchaser that the animal control authority has identified the dog as potentially dangerous. The seller must also notify the animal control authority in writing of the sale and provide the animal control authority with the new owner's name, address, and telephone number. (12) Annual review requests. If there are no additional reports of the behavior described in subsections (1a) or (1b) of this section within a twelve-month period from the date of the designation as a dangerous dog or a six-month period from the date of the designation as a potentially dangerous dog, the dog's owner may request a review, in writing, of the declaration designation. The owner must provide documented evidence for review that the dog's behavior has changed due to environment, health, age, training, neutering or other relevant factor. The review request and supporting documentation must be submitted to the Maplewood animal control authority, which shall rule on the review request based on the record. The owner of the dog shall be notified in writing of the review September 22, 2014 City Council Meeting Minutes 30 results within ten (10) business days of receipt. An administrative fee shall be paid prior to the review. In cases where the owner has successfully completed a training program approved by the animal control authority, the administrative fee may be reduced or waived. The fees for such review shall be imposed, set, established and fixed by the city council, by resolution, from time to time. Secs. 10-190—10-215. Reserved. Seconded by Councilmember Koppen Ayes – All The motion passed. I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Preliminary Approval of Proposed Tax Levy Payable in 2015 and Setting Budget Public Hearing Date Finance Director Bauman gave the staff report. Interim City Manager Coleman gave additional information. Councilmember Juenemann moved to approve the resolution setting the maximum City tax levy for payable 2015 at $19,069,350 and setting the date for the Public Hearing on the 2015 Levy and Budget for Monday, December 8, 2014 at 7:00 pm as part of the Regular City Council Meeting; this levy, combined with the proposed EDA levy of $89,270, will result in a total levy of $19,158,620 which is a 3.4% increase over 2014. Resolution 14-9-1123 RESOLUTION PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2015 and SETTING BUDGET PUBLIC HEARING DATE WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy for 2014 payable in 2015 by September 30, 2014 and WHEREAS, the City Council has reviewed preliminary information on the Proposed 2015 Budget and has determined the amount of the proposed tax levy payable in 2015 which is the maximum amount that will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT: 1. The proposed tax levy for 2014 payable in 2015 in the amount of $19,069,350 is hereby given preliminary approval and shall be certified to the Ramsey County Auditor. 2. The date for consideration of the final levy and consideration of the 2015 Budget shall be set as Monday, December 8, 2014 at 7:00 pm in the Maplewood City September 22, 2014 City Council Meeting Minutes 31 Council Chambers. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Meeting of the Economic Development Authority (EDA) – The City Council Serves as the EDA Mayor Slawik recessed the council meeting at 8:22 p.m. so that the EDA meeting could be held. Mayor Slawik opened the council meeting at 8:27 p.m. 3. Approval of Contract Partnership Agreement Between Ecumen Seasons at Maplewood and the City of Maplewood Parks and Recreation Director Konewko introduced the staff report. Fitness Supervisor Lori Resendiz gave the specifics of the report. Councilmember Juenemann moved to approve the Contract Partnership Between the City of Maplewood (MCC) and Ecumen Seasons at Maplewood and further authorize the Interim City Manager to enter into said contract. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of Resolution of Support for Locally Preferred Alternative (LPA), Gateway Transitway Corridor, Project 14-05 Public Works Director/City Engineer Thompson gave the staff report. Jan Lucky, Transit and Planning Manager for Washington County addressed the council to give additional information and answered questions of the council. Ted Bearth, Washington County Commissioner addressed and answered questions of the council. Councilmember Juenemann moved to approve the Resolution of Support for the Locally Preferred Alternative for the Gateway Transitway Corridor, Project 14-05. Resolution 14-9-1125 RESOLUTION TRANSMITTING THE CITY OF MAPLEWOOD’S SUPPORT OF THE LOCALLY PREFERRED ALTERNATIVE (LPA) TO THE RCRRA, WCRRA, and METROPOLITAN COUNCIL WHEREAS, the Gateway Corridor is a proposed project that will provide for transit infrastructure improvements in the eastern portion of the Twin Cities, and; WHEREAS, the purpose of the project is to provide transit service to meet the existing and long-term regional mobility and local accessibility needs for businesses and the traveling public within the project area by providing all day bi-directional station-to- station service that compliments existing and planned express bus service in the corridor, September 22, 2014 City Council Meeting Minutes 32 and; WHEREAS, the Gateway Corridor is located in Ramsey and Washington Counties, Minnesota, extending approximately 12 miles, and connecting downtown Saint Paul with its East Side neighborhoods and the suburbs of Maplewood, Landfall, Oakdale, Lake Elmo, and Woodbury, and; WHEREAS, the Gateway Corridor Commission (GCC), in partnership with the Metropolitan Council and other project stakeholders, completed the Gateway Corridor Alternatives Analysis (AA) Study that in addition to the No-Build alternative recommended one bus rapid transit (BRT) and one light rail transit (LRT) alternative be advanced for further study in the federal and state environmental review process, and; WHEREAS, the Federal Transit Administration (FTA); the Washington County Regional Railroad Authority (WCRRA), serving on behalf of the GCC; and the Metropolitan Council have initiated the environmental review process for the Gateway Corridor project, with FTA designated as the lead federal agency for this project, and; WHEREAS, the Gateway Corridor project recently received the important Presidential designation as a Federal Infrastructure Permitting Dashboard Project, and; WHEREAS, the Gateway Corridor project recently completed the Scoping phase of the environmental process, which resulted with the Policy Advisory Committee (PAC) and the GCC recommending further study of the No-Build alternative, four BRT alternatives operating within a dedicated guideway (A-B-C-D1-E1, A-B-C-D2-E1, A-B-C- D2-E2, A-B-C-D2-E3) and a managed lane alternative in the Draft Environmental Impact Statement (EIS) at the request of the FTA and Federal Highway Administration (FHWA), and; WHEREAS, the BRT alignments that advance into the Draft EIS will be further defined and evaluated to minimize impacts to surrounding properties and the I-94 corridor which may include operating in existing lanes with mixed traffic at pinch points where right-of-way is constrained, enhance economic development potential, and reduce capital costs while providing required operating efficiency, with attention to mobility options for environmental justice populations, and; WHEREAS, through the Scoping process, the PAC and the GCC recommended that the LRT alternative be eliminated from further study due to its higher costs while generating a similar ridership, and; WHEREAS, the identification of a Locally Preferred Alternative (LPA) is a critical first step in pursuing federal funding for the Gateway Corridor project, and; WHEREAS, the adoption of the LPA into the Metropolitan Council’s Transportation Policy Plan will conclude the FTA Alternatives Analysis process, and; WHEREAS, the LPA will be one of the Build alternatives identified and studied in the Draft EIS, and; WHEREAS, the LPA includes the definition of the Gateway Corridor mode and a conceptual alignment which can be refined through further engineering efforts, and; September 22, 2014 City Council Meeting Minutes 33 WHEREAS, the LPA selection process does not replace or override the requirement to fully examine alternatives and determine the adverse impacts that must be avoided or mitigated under the federal and state environmental review process, and; WHEREAS, the comments submitted by agencies, the business sector, and the public during the Scoping phase, as well as the additional comments received from adjacent communities since the Scoping phase, will be addressed accordingly through the Draft EIS process, and; WHEREAS, the PAC and GCC each passed resolutions on July 24, 2014 recommending BRT Alternative A-B-C-D2-E2 (see attached figure) as the proposed LPA for review at the August 7 PAC sponsored LPA public hearing and inclusion in the Metropolitan Council’s Draft 2040 Transportation Policy Plan, and; WHEREAS, the Gateway Corridor PAC/GCC held a public hearing on August 7, 2014 as part of the LPA decision making process. A total of 35 comments were received through the proposed LPA review process, and; WHEREAS, the Cities will be working collaboratively and with support from the GCC to complete a market analysis and station area plans for the areas around the BRT Guideway stations as a part of the Draft EIS process, and; WHEREAS, that through the Draft EIS process the PAC and GCC will continue to evaluate and focus on transit service connections to the dedicated BRT system (A-B-C- D2-E2) including an efficient feeder bus network, as well as the number of location of stations throughout the Gateway Corridor to maximize service, accessibility and surrounding economic development opportunities, while minimizing impacts, and; WHEREAS, the PAC and GCC each passed resolutions on September 11, 2014 affirming their recommendation of BRT Alternative A-B-C-D2-E2 as the Gateway Corridor LPA, with the clarification that the dedicated BRT would be located generally on the Hudson-Road-Hudson Boulevard alignment that crosses to the south side of I-94 between approximately Lake Elmo Avenue and Manning Avenue (see attached figure). NOW THEREFORE BE IT RESOLVED that the City of Maplewood supports the LPA recommendation of the PAC and GCC and identifies the dedicated BRT alternative generally on the Hudson Road – Hudson Boulevard (A-B-C-D2-E2) alignment that crosses to the south side of I-94 at approximately Lake Elmo Avenue to Manning Avenue as the Locally Preferred Alternative for the Gateway Corridor project. BE IT FURTHER RESOLVED that the City of Maplewood commits to undertaking and developing station area plans with the support of the GCC for the proposed BRT guideway station areas within its jurisdiction based on the results of a market analysis, community input, and Metropolitan Council guidelines and expectations for development density, level of activity, and design. BE IT FURTHER RESOLVED that the City of Maplewood commits to working with the Washington County Regional Railroad Authority, on behalf of the Gateway Corridor Commission, and the Metropolitan Council to address the comments submitted by agencies, adjacent communities, the business sector, and the public during the Scoping September 22, 2014 City Council Meeting Minutes 34 phase, as well as additional comments received during the development of the LPA, through the Draft EIS process, and the following areas of particular importance to the City of Maplewood: 1. Mitigation of traffic impacts on McKnight Road, Century Avenue, and nearby public and private roadways. 2. Enhanced pedestrian and bike facilities throughout the project area to connect non-motorized modes of travel to proposed station(s); including the need for improved connections under Interstate 94 at both McKnight Road and Century Avenue. 3. City comments as submitted in the April 4, 2014 Scoping Comments Letter. BE IT FURTHER RESOLVED that this resolution adopted by the City of Maplewood be forwarded to the Metropolitan Council for their consideration. Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Review of 2015 Charitable Gambling Requests Interim City Manager Coleman introduced the staff report. The following people spoke: 1. Collin Burkfeld, Senior Patrol Leader of Boy Scout Troop 461 and Ryan Sauer, Patrol Leader of Boy Scout Troop 461 2. Tamara Stark, Tubman Family Alliance 3. Kate Whitby, White Bear Area YMCA 4. Dave Picard, Maplewood Monarchs S.O. Team 5. Suzanne Madison, LENA Youth Connect, Inc. 6. Sharon Mott, Weaver Elementary School K. AWARD OF BIDS None L. VISITOR PRESENTATION 1. John Wykoff, Maplewood Resident 2. Mark Bradley, Maplewood Resident 3. Tim Kinley, Maplewood Resident 4. Mark Jenkins, Maplewood Resident M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update Interim City Manager Coleman gave the council calendar update. 2. Review Proposed Negotiated Settlement in Condemnation, Metcalf Moving and Storage and Maplewood Business Center Parcels, TH 36 & English Interchange Project (Report Distributed at Meeting) September 22, 2014 City Council Meeting Minutes 35 a. Intent to Close Meeting (§13D.05 subd.3c) This item was moved to the end of the agenda. City Attorney Kantrud stated the meeting will be closed as permitted by section 13D.05 subd. 3c to discuss the Proposed Negotiated Settlement in Condemnation, Metcalf Moving and Storage and Maplewood Business Center Parcels, TH 36 & English Interchange Project. Councilmember Cardinal moved to close the meeting. Seconded by Councilmember Koppen Ayes – All The motion passed. Mayor Slawik opened the meeting. City Attorney Kantrud gave a summary of the closed session regarding the Proposed Negotiated Settlement in Condemnation, Metcalf Moving and Storage and Maplewood Business Center Parcels, TH 36 & English Interchange Project. N. COUNCIL PRESENTATIONS 1. Latino Round Table Councilmember Abrams reported on the first Latino Round Table that she attended on Thursday, September 18th at the Maplewood Community Center. 2. White Bear Chamber Event Councilmember Abrams reported on the White Bear Area Chamber event that she attended on Thursday, September 18th that was held at Acapulco Restaurant in Maplewood. 3. Cable Commission Councilmember Abrams reported on this during agenda item F5. 4. Parks Planning Meeting Councilmember Abrams reported that the last Parks Planning Meeting will be held Wednesday, September 24 from 6-8pm at the Londin Lane Fire Station. 5. 3M Visit and Event Mayor Slawik reported on the visit that she and Police Chief Schnell had with Doug Stang, Director in Government Affairs at 3M. She also reported that Wednesday, September 24th is the 75th Anniversary of the World’s First Reflective Traffic Sign and 3M will be holding a special ceremony on Wednesday afternoon. 6. Revolution TAB and Rush Line September 22, 2014 City Council Meeting Minutes 36 Mayor Slawik reported on the TAB meeting she attended last week. Public Works Director/City Engineer Thompson gave additional information. She then reported on the Rush Line meeting that she attended and informed residents that there will be another open house for Rush Line. 7. Ramsey Family Collaborative Mayor Slawik reported on the Ramsey Family Collaborative meeting put on by the school districts that she attended and will be participating in quarterly. 8. Monthly Cable Show Mayor Slawik reported on this item during agenda item F5. 9. Business Group Mayor Slawik reported the on the Business Groups she attended and that there has been discussions about the possibility of forming a Maplewood Business Group. 10. Environmental & Natural Resource Commission Meeting Councilmember Juenemann reported on the Environmental & Natural Resource Commission Meeting she attended last week. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 10:08 p.m.