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HomeMy WebLinkAbout2016 11-28 City Council Meeting Minutes November 28, 2016 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 28, 2016 City Hall, Council Chambers Meeting No. 22-16 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:09 p.m. by Mayor Slawik. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda under Appointments and Presentations, Council Presentations: ISD 622 Premier Bank Maplewood Communications Community Design Review Board/Planning Commission Tartan Ice Arena Councilmember Xiong moved to approve the agenda as amended. Seconded by Councilmember Smith Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of November 14, 2016 City Council Workshop Minutes Councilmember Juenemann noted a change under E2, change name from Mike Cramer to Matt Cramer. Councilmember Abrams moved to approve the November 14, 2016 City Council Workshop Minutes as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. November 28, 2016 2 City Council Meeting Minutes 2. Approval of November 14, 2016 City Council Meeting Minutes Councilmember Juenemann moved to approve the November 14, 2016 City Council Meeting Minutes as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar. 2. Council Presentations ISD 622 Councilmember Juenemann congratulated the voters of school district 622 for passing the referendum. Premier Bank Councilmember Abrams reported on the renovations Premier Bank is making to the first floor of the Maplewood site; and indicated that they will be hosting an open house in the near future. Maplewood Communications Councilmember Abrams reported that she will be meeting with city staff to discuss the city’s communication plan and bring a timeline for 2017 to the December 12th, council meeting. Community Design Review Board and Planning Commission Councilmember Abrams reported on the CDRB and Planning Commission meetings she attended to evaluate how the transition from the CDRB Meeting to the Planning Commission was working. Tartan Ice Arena Councilmember Smith reported on the Tartan Ice Arena Joint Powers meeting he attended along with Councilmember Xiong. 3. Approval of Resolution of Appreciation for Chris Soutter, Naturalist, for 30 Years of Service with the City of Maplewood Lead Naturalist Hutchinson gave the staff report. Councilmember Juenemann read the resolution of appreciation for Chris Soutter. Chris Soutter thanked the staff she has worked with over the past years. November 28, 2016 3 City Council Meeting Minutes Councilmember Juenemann moved to approve the resolution of Appreciation for Chris Soutter, Naturalist, for 30 Years of Service with the City of Maplewood. Resolution 16-11-1396 Resolution of Appreciation WHEREAS, Chris Soutter was hired as a naturalist at Maplewood Nature Center in 1978; and WHEREAS, Chris Soutter has served the City of Maplewood faithfully in that capacity from 1978-1987 and from 1995-2016; and WHEREAS, the City of Maplewood has appreciated Ms. Soutter’s knowledge, experience, insight and good judgment; and WHEREAS, Ms. Soutter has shown sincere dedication to her duties and has consistently contributed her leadership, time and effort for the benefit of the City; and WHEREAS, Ms. Soutter has gone beyond her responsibilities as a naturalist in helping develop and sustain the nature center programs; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Chris Soutter, Naturalist, is hereby extended our gratitude and appreciation for her dedicated service. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Presentation by Roseville Area Schools Superintendent Aldo Sicoli Aldo Sicoli, Superintendent of Roseville Area Schools addressed the council to report on the school districts long range facilities planning process and their partners for the future initiative. 5. Update on Rush Line Corridor Transitway Pre-Project Development Study Tier 2 Analysis and Public Outreach Efforts, Project 15-06 Public Works Director Thompson introduced the report. Mike Rogers, Transit Project Manager with Ramsey County Regional Rail Authority addressed the council to give an update on the Rush Line Corridor Transitway and answer questions of the council. Public Works Director Thompson reported on the data from the Technical Advisory Committee he serves on. G. CONSENT AGENDA Councilmember Juenemann moved to approve agenda items G1-G9. Seconded by Councilmember Abrams Ayes – All The motion passed. November 28, 2016 4 City Council Meeting Minutes 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 442,476.64 Checks # 98322 thru #98555 (Includes Election Judge Checks) dated 11/08/16 thru 11/16/16 $ 463,080.27 Disbursements via debits to checking account dated 11/07/16 thru 11/10/16 $ 157,547.82 Checks #98556 thru #98600 dated 11/22/16 $ 316,594.84 Disbursements via debits to checking account dated 11/14/16 thru 11/18/16 $ 1,379,699.57 Total Accounts Payable PAYROLL: $ 529,814.72 Payroll Checks and Direct Deposits dated 11/18/16 $ 1,886.98 Payroll Deduction check # 99102434 thru # 99102437 dated 11/18/16 $ 531,701.70 Total Payroll $ 1,911,401.27 GRAND TOTAL Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of a Temporary Lawful Gambling – Local Permit for the Hill Murray High School Councilmember Juenemann moved to approve the temporary Lawful Gambling – Local permit for Hill Murray School’s auction on April 29, 2017. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Approval of Local Planning Assistance Grant Agreement with the Metropolitan Council for the City’s 2040 Comprehensive Plan Update Councilmember Juenemann moved to approve the mayor and city manager to sign and execute the grant agreement between the city of Maplewood and Metropolitan Council. Seconded by Councilmember Abrams Ayes – All November 28, 2016 5 City Council Meeting Minutes The motion passed. 4. Approval of a Conditional Use Permit Review, Used-Car Sales at Maplewood Office Park, 1705 Cope Avenue Councilmember Juenemann moved to approve to review the conditional use permit for 1705 Cope Avenue again in one year to check on the progress made regarding sign issues. Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Approval of a Conditional Use Permit Review, U-Haul, 2250 White Bear Avenue Councilmember Juenemann moved to approve to review the conditional use permit for 2250 White Bear Avenue again if a problem arises or a major change is proposed. Seconded by Councilmember Abrams Ayes – All The motion passed. 6. Approval of a Conditional Use Permit Review, Plaza 3000 Shopping Center, 3000 White Bear Avenue Councilmember Juenemann moved to approve to review the conditional use permit for Plaza 3000 again in one year to ensure all trash containers on site are properly screened as per city code. Seconded by Councilmember Abrams Ayes – All The motion passed. 7. Approval of a Conditional Use Permit Review, St. Paul Hmong Alliance Church, 1770 McMenemy Street Councilmember Juenemann moved to approve to review the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again only if a problem arises or a major change is proposed. Seconded by Councilmember Abrams Ayes – All The motion passed. 8. Approval of a Conditional Use Permit Review, Maplewood Auto Mall, 2529 White Bear Avenue Councilmember Juenemann moved to approve to review the conditional use permit for the Maplewood Auto Mall at 2529 White Bear Avenue again in one year to ensure all conditions of approval have been met and the required landscaping has survived. November 28, 2016 6 City Council Meeting Minutes Seconded by Councilmember Abrams Ayes – All The motion passed. 9. Approval of Resolution Authorizing Final Financing Plan, Highway 36/English Street Interchange Improvements, Project 09-08 Councilmember Juenemann moved to approve the resolution implementing the final financing plan for the Highway 36/English Street Interchange Improvements, City Project 09-08. Resolution 16-11-1397 Authorizing Final Financing Plan City Project 09-08 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-08, Highway 36/English Street Interchange Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, On April 4, 2012 the City Council ordered the public improvements to the Highway 36/English Street Interchange Improvements and established a project budget of $22,997,000.00, and WHEREAS, On November 26, 2012 the City Council adopted a resolution adjusting the project budget for the Highway 36/English Street Interchange Improvements to $22,358,000.00, and WHEREAS, On January 28, 2013 the City Council adopted a resolution awarding a construction contract to Forest Lake Contracting, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The final financing plan reflects increased construction costs and property acquisitions previously approved by the City Council through separate action and the final projected project budget reflecting total expenditures is hereby $26,800,000.00, and 2. Furthermore, the finance director is hereby authorized to make the necessary adjustments and transfers to reflect total proposed revenues listed below: November 28, 2016 7 City Council Meeting Minutes FUNDING SOURCE Prop. Final Revenue Federal STP Interchange $8,083,335 Federal STP Water Quality $295,329 MnDOT State Road Construction (SRC)$5,633,117 MnDOT Cooperative Agreement $500,000 MnDOT Contribution for ROW Acquisitions $1,723,000 Trasp. & Econ. Dev. (TED) DEED Grant $1,000,000 Ramsey County $929,457 St. Paul Regional Water Services $886,051 Ramsey-Washington Metro Watershed District $519,998 Environmental Utility Fund $328,000 St. Paul WAC Fund $344,790 Sanitary Sewer Utility $175,000 Bond Sale Proceeds $1,526,150 Special Assessments $936,028 Municipal State Aid Funds $2,064,036 Local Government Aid $1,030,709 Transfers In $600,000 Anticipated Land Re-Sale (County B/TH 61)$225,000 TOTAL $26,800,000 TABLE 1 Seconded by Councilmember Abrams Ayes – All The motion passed. H. PUBLIC HEARINGS 1. Consider Approval of an Ordinance Amending Chapter 6, Article II Regulating 3.2 Percent Malt Liquors and Article III Regulating Intoxicating Liquors – First Reading Business Licensing Specialist Beggs gave the staff report and answered questions of the council. Councilmember Smith moved to approve the first reading of proposed amendments to Chapter 6, Article II Regulating 3.2 Percent Malt Liquors and Article III Regulating Intoxicating Liquors. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Abrams, Smith and Xiong Nays – Councilmember Juenemann The motion passed. I. UNFINISHED BUSINESS 1. Consider Approval of an Ordinance Amending Chapter 10, Article III Dogs and Article IV Cats – Second Reading and Summary of Ordinance for Publication Deputy Clerk Schmidt gave the staff report and answered questions of the council. November 28, 2016 8 City Council Meeting Minutes Councilmember Smith moved to approve the second reading of the proposed amendments to Chapter 10, Article III Dogs and Article IV Cats; and further approve the Summary Ordinance for Publication. Ordinance 973 ANIMALS ARTICLE III. - DOGS DIVISION 1. - GENERALLY[2] Footnotes: --- (2) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 1, in its entirety to read as set out herein. Former Div. 1, §§ 10-61—10-65, pertained to similar subject matter and derived from the Code of 1982, §§ 7-16—7-20. Sec. 10-61. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal shelter means any premises designated by the city administrative authority for the purposes of impounding and caring for dogs held under authority of this article. Dog means any living dog. Officer means any person designated by the city manager as an enforcement officer. Owner means any person owning, keeping or harboring dogs. Pet shop means any person engaged in the business of feeding, buying, selling or boarding animals of any species. Restraint. A dog or cat is under restraint within the meaning of this article if it is controlled by a leash which does not extend beyond the boundaries of the private property or within a vehicle being driven or parked on the streets or within the property of its owner/keeper, in a fenced area, if within an electronic fence with signage, controlled by a chain or under owner's control and supervision. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals. (Ord. No. 888, 7-14-2008) Sec. 10-62. - Rules and regulations relating to permits and humane treatment. November 28, 2016 9 City Council Meeting Minutes The council shall promulgate regulations governing the issuance of permits, and such regulations shall include requirements for humane care of the owner's dogs and for compliance with all sections of this article and other applicable state and local laws. The council may amend such regulations from time to time as it deems desirable for the public health and welfare and to protect dogs from cruelty. (Ord. No. 888, 7-14-2008) Sec. 10-63. - Limitation on number for each dwelling unit in residential zones. No more than two dogs over three months of age shall be housed or be kept on any one residential site in any area of the city zoned R-1 residence district or R-2 residence district. No more than one dog of any age shall be kept in a dwelling unit in any area of the city zoned R-3 residence district. (Ord. No. 888, 7-14-2008) State Law reference— Dogs, Minn. Stats. ch. 347. Sec. 10-64. - Enforcement. Officers designated by the city manager and approved by the council shall have police powers in the enforcement of this article; and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. (Ord. No. 888, 7-14-2008) Sec. 10-65. - Violations. (a) Any person violating any of the sections of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1- 15. (b) If any person is found guilty by a court of violation of section 10-1, his permit to own, keep, harbor or have custody of dogs shall be deemed automatically revoked; and no new permit may be issued for a period of one year. (Ord. No. 888, 7-14-2008) Secs. 10-66—10-90. - Reserved. DIVISION 2. - PERMIT[3] Footnotes: --- (3) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 2 in its entirety to read as set out herein. Former Div. 2, §§ 10-91—10-96, pertained to similar subject matter and derived from the Code of 1982, §§ 7-36—7-41; Ord. No. 832, § 1, adopted Nov. 13, 2002. November 28, 2016 10 City Council Meeting Minutes Sec. 10-91. - Required; exceptions. No person shall, without first obtaining a permit in writing from the clerk, own, keep, harbor, or have custody of any dog over three months of age. However, this section shall not apply to the keeping of small caged birds or aquatic and amphibian animals solely as pets or for police canines of any political subdivision. (Ord. No. 888, 7-14-2008) Sec. 10-92. - Fees; issuance; current rabies vaccination certificate required. (1) Upon a showing by any applicant for a permit required under this division that he is prepared to comply with the regulations promulgated by the council, a permit shall be issued following payment of the applicable fee, as follows: (a) For each dog, the fee is as may be imposed, set, established and fixed by the city council, by resolution, from time to time. (b) No fee or permit shall be required of any Humane Society or veterinary hospital. (2) No permit shall be granted for a dog which has not been vaccinated against rabies as provided in this section on such date, but not more than two years will have elapsed from the date of such vaccination to the time of the expiration of the permit to be issued, unless stated upon the certificate that the vaccination is effective for at least three years. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated, and the applicant shall present an original certificate from a qualified veterinarian showing that the dog to be permitted has been given a vaccination against rabies and the date on which the vaccination was administered. (Ord. No. 888, 7-14-2008) Sec. 10-93. - Term; renewal; late penalty charge. A new permit shall be obtained each even year by every owner and a new fee paid. A permit, if not revoked, shall be valid until the end of the permit period. Renewal permits must be obtained prior to the expiration date, and there shall be a late penalty charge on all renewal permits issued after the expiration date. (Ord. No. 944, 10-13-2014) Editor's note— Ord. No. 944, adopted Oct. 13, 2014, amended § 10-93 in its entirety to read as set out herein. Former § 10-93 pertained to term and derived from Ord. No. 888, adopted July 14, 2008. Sec. 10-94. - Revocation. The city manager may revoke any permit issued under this division if the person holding the permit refuses or fails to comply with this article, any regulations promulgated by the council pursuant to this article, or any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, November 28, 2016 11 City Council Meeting Minutes within ten days thereafter, humanely dispose of all dogs being owned, kept or harbored by such person; and no part of the permit fee shall be refunded. (Ord. No. 888, 7-14-2008) Sec. 10-95. - Tags. Upon issuing a permit to keep any dog under this division, the clerk shall issue to the owner a metallic or durable plastic tag stamped with an identifying number and with the month/date/year of expiration and so designated that it may be conveniently fastened to a dog collar or harness. Such tag shall be fastened to the dog's collar or harness by the owner and shall be worn at all times. The clerk shall maintain a record of the identifying numbers and shall make this record available to the public. (Ord. No. 888, 7-14-2008) Sec. 10-96. - Exemptions from division. The sections of this division requiring a permit shall not apply to owners of certified seeing eye and other handicapped-aid dogs, owners and handlers of bona fide working dogs (guard dogs, search dogs, etc.) and nonresidents of the city who are keeping only domestic pets, provided that domestic pets of nonresident owners shall not be kept in the city longer than 30 days annually and the animals shall be kept under restraint. (Ord. No. 888, 7-14-2008) Secs. 10-97—10-125. - Reserved. DIVISION 3. - RUNNING AT LARGE; NUISANCE[4] Footnotes: --- (4) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 3 in its entirety to read as set out herein. Former Div. 3, §§ 10-126—10-129, pertained to similar subject matter and derived from the Code of 1982, §§ 7-51—7-54. Sec. 10-126. - Restraint. All dogs shall be kept under restraint at all times in the city. (Ord. No. 888, 7-14-2008) Sec. 10-127. - Duty of owners. (1) No owner or custodian of any dog, whether permitted or unpermitted, shall allow such dog to run at large, with the exception of within a designated off-leash dog area. It shall be the obligation of the owner or custodian of any dog in the city, whether permanently or temporarily therein, to prevent any such dog at any time to be on any street, public park (with the exception of a park within an off-leash dog November 28, 2016 12 City Council Meeting Minutes area as designated by Ramsey County or the City of Maplewood), school grounds or public place without being effectively restrained by a chain or leash not exceeding eight feet in length. (2) Any person having custody or control of any dog shall have the responsibility for cleaning up any feces of the dog and disposing of such feces in a sanitary manner. It shall furthermore be the duty of each person having the custody and control of any dog to have on such person possession of a device or equipment for picking up and removal of animal feces. This subsection shall not apply to a guide dog accompanying a blind person or to a dog when used in police or rescue activities. (3) No owner or custodian of any dog within the city shall allow the dog to remain outside and unattended for a period exceeding four consecutive hours. For the purpose of this subsection, the term "outside and unattended" shall mean that the dog is on or has free access to the exterior grounds of any premises and the owner or custodian is not physically present and in the company of the dog. (4) Owners or custodians of dogs are hereby charged to prevent their dogs from barking or making other noises which unreasonably disturb the peace and quiet of any person. The phrase "unreasonably disturb the peace and quiet" includes, but is not limited to, the creation of noises, by such dogs, audible to a peace officer or animal control officer outside the building or premises where the dogs are being kept and which noise occurs repeatedly over [a] five-minute period with a time lapse of one minute or less between repetitions over a five-minute period. Failure on the part of the owner or custodian to prevent a dog from committing such acts shall be subject to penalty provided in section 10-65. (Ord. No. 888, 7-14-2008) Sec. 10-128. - Female dogs in heat. Every female dog in heat in the city shall be confined in a building or secure enclosure in such manner that such female dog cannot come into contact with another dog, except for planned breeding. (Ord. No. 888, 7-14-2008) Sec. 10-129. - Duty of temporary visitors to city. It shall be unlawful for any person temporarily in the city, while staying at any private home or at any public accommodation such as a hotel or motel, to have a dog running at large or to permit his dog at any time, when out of the room or suite occupied by such person, to be upon the street or in any public or private place, unless firmly upon a leash at all times. (Ord. No. 888, 7-14-2008) Secs. 10-130—10-155. - Reserved. DIVISION 4. - IMPOUNDMENT[5] Footnotes: November 28, 2016 13 City Council Meeting Minutes --- (5) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 4 in its entirety to read as set out herein. Former Div. 4, §§ 10-156—10-158, pertained to similar subject matter and derived from the Code of 1982, §§ 7-66—7-68. Sec. 10-156. - Authority; notice to known owners; reclamation by owners; humane disposal of unclaimed dogs. Unrestrained dogs running at large in the city may be taken by police, the animal control officer or the Humane Society and impounded in an animal shelter and there confined in a humane manner. Impounded dogs shall be kept for not less than five days, unless reclaimed by their owners. If by a permit tag or by other means the owner can be identified, the animal control officer shall immediately, upon impoundment, notify the owner by telephone or mail of the impoundment of the dog. A dog not claimed by its owner within five days shall be humanely disposed of by an agency delegated by the council to exercise that authority. (Ord. No. 888, 7-14-2008) Sec. 10-157. - Fees; additional penalties. Any owner reclaiming a dog under this article, which has been impounded for any reason, shall pay a fee as set by council resolution from time to time. The owner may also be proceeded against for violation of this article, and his permit may be revoked. (Ord. No. 888, 7-14-2008) Sec. 10-158. - Return to owner of dog found at large. Notwithstanding the sections of this division, if a dog is found at large in the city and its owner can be identified and located, such dog need not be impounded but may, instead, be taken to the owner. (Ord. No. 888, 7-14-2008) Secs. 10-159—10-185. - Reserved. DIVISION 5. - DANGEROUS DOGS[6] Footnotes: --- (6) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 5 in its entirety to read as set out herein. Former Div. 5, §§ 10-186—10-190, pertained to similar subject matter and derived from the Code of 1982, §§ 7-80—7-84. Secs. 10-186—10-188. - Reserved. November 28, 2016 14 City Council Meeting Minutes 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: Dangerous dog means any dog that has: (a) Without provocation, inflicted substantial bodily harm on a human being on public or private property; or (b) Killed a domestic animal without provocation while off the owner's property; or (c) 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. Potentially dangerous dog means any dog that: (a) When unprovoked, inflicts bites on a human or domestic animal on public or private property; or (b) 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 (c) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. 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. 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. Substantial bodily harm has the meaning given it under Minn. Stats. § 609.02, subdivision 7a. Great bodily harm has the meaning given it under Minn. Stats. § 609.02, subdivision 8. November 28, 2016 15 City Council Meeting Minutes 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 and payment of the applicable fee for the 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. (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(8)a. or (10)a. (b) The owner does not secure the proper surety bond or liability insu rance pursuant to subsection 10-189(8)a.2. or (10)a.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 November 28, 2016 16 City Council Meeting Minutes impounding and boarding fees and upon presentation of proof to the animal control authority that the requirements of subsection 10-189(8)a. or (10)a. 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 $300,000.00 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 $300,000.00 insuring the owner for any personal injuries inflicted by the dangerous dog. 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. November 28, 2016 17 City Council Meeting Minutes 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 [days] 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. (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 t he 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: November 28, 2016 18 City Council Meeting Minutes 1. Microchip. The owner has had a microchip identification implanted in the potentially 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 $300,000.00 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 $300,000.00 insuring the owner for any personal injuries inflicted by the potentially dangerous dog. 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 November 28, 2016 19 City Council Meeting Minutes 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 subsection (1)a. or (1)b. of this section within a 12-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 results within ten 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. (Ord. No. 888, 7-14-2008; Ord. No. 942, 9-22-2014) Secs. 10-190—10-215. - Reserved. DIVISION 6. - SMALL KENNEL LICENSES Sec. 10-216. - Construction and purpose of division. This division is supplementary to and in addition to all other sections of this Code or other ordinances in effect relating to the ownership, care and custody of dogs within the city and is deemed necessary by the council in order to regulate and control the ownership and the keeping of dogs in and near residential areas of the city. (Code 1982, § 7-96) Sec. 10-217. - Required; limited to licensee's dogs; zoning classifications where permitted. (1) No person shall keep more than two dogs over three months of age anywhere within the city without first obtaining a small kennel license under this division for the keeping of such dogs for breeding, sale or show purposes. November 28, 2016 20 City Council Meeting Minutes (2) Any licensee under this division may not board or train dogs belonging to other persons on such licensed premises. (3) Small kennel licenses will not be issued under this division in any part of the city, except on property zoned commercial or farm residential or residential R-1. (Code 1982, § 7-97) Sec. 10-218. - Application; investigation; grant or denial of license. (1) Application. Any person desiring a small kennel license required under this division shall make written application to the city clerk upon a form prescribed by and containing such information as required by the city clerk. Among other things, the application shall contain the following information: (a) A description of the real property upon which it is desired to keep the dogs. (b) The species and number of dogs to be maintained on the premises. (c) A statement that the applicant or licensee will at all times keep the dogs in accordance with all the conditions prescribed by the police chief or a modification thereof and that failure to obey such conditions will constitute a violation of this chapter and grounds for cancellation of the license. (d) Such other and further information as may be required by the police chief. (2) Consent. Upon receipt of the completed small kennel license application, the city clerk's office will obtain a list of affected properties from GIS identifying properties within 150 feet of the applying property. Certified letters shall be sent to the affected property addresses requesting approval or objection to the kennel license. Upon written consent of 75 percent of the owners or occupants of privately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the license is being requested the license shall be forwarded to the police department for inspection and final approval. Where a property within 150 feet consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager or other person in charge of the building if the building is renter-occupied; if the building is owner-occupied letters of consent or objection will be sent to each individual home owner for consent or objection. (3) Investigation; issuance or denial. The police chief shall make such investigation as is necessary and may grant, deny or refuse to renew any application for a license under this division. (4) Conditions. If granted, the license shall be issued by the city clerk and shall state the conditions, if any, imposed upon the permittee for the keeping of dogs under the license. The license shall specify the restrictions, limitations, conditions and prohibitions which the police chief 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 license may be modified from time to time or revoked by the police chief for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be November 28, 2016 21 City Council Meeting Minutes effective from and after ten days following the mailing of written notice thereof by certified mail to the person keeping or maintaining such dogs. (5) Outside kennel. An outside kennel must be constructed of open-faced, galvanized fabric of suitable size to maintain and secure the keeping of particular breeds of dogs and to allow for sufficient space for particular breeds of dogs to exercise freely. The surface must be constructed of material of either concrete or gravel of sufficient depth to provide for proper cleaning, drainage, maintenance and needs of all particular breeds of dogs. (6) Refusal to grant or renew license. The police chief may refuse a license to keep or maintain dogs under this division for failure to comply with this chapter, if the facilities for the keeping of the dogs are or become inadequate for their purpose, if the conditions of the license are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by the granting of such license. Refusal to grant or renew a small kennel license by the police chief may be appealed to the city council. (Code 1982, § 7-98; Ord. No. 930, 8-12-2013) Sec. 10-219. - Application and renewal fees. The initial application fee for a small kennel license under this division shall be imposed, set, established and fixed by the city council, by resolution, from time to time. The annual renewal fee for any license issued under this division shall be imposed, set, established and fixed by the city council, by resolution, from time to time. (Code 1982, § 7-99) Sec. 10-220. - Limitation on number of dogs kept on licensed premises. The maximum number of dogs over three months of age which may be kept under a small kennel license issued under this division shall be three. (Code 1982, § 7-100) Secs. 10-221—10-245. - Reserved. ARTICLE IV. - CATS DIVISION 1. - GENERALLY Sec. 10-246. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal shelter means any premises designated by the city manager for the purpose of impounding and caring for animals held under authority of this article. Cat means any animal that is a member of the feline species. November 28, 2016 22 City Council Meeting Minutes Officer means any person designated by the city to enforce this article. Owner means any person keeping or harboring a cat. (Code 1982, § 7-116) Cross reference— Definitions generally, § 1-2. Sec. 10-247. - Limitations on number kept in residential areas. No more than two cats over three months of age shall be housed or be kept on any one residential site in any area of the city zoned residential R-1 or R-2. No more than one cat of any age shall be kept in a dwelling unit in any area of the city zoned R-3. (Code 1982, § 7-117) Sec. 10-248. - Violations. Any person violating any of the sections of this article shall be deemed guilty of a petty misdemeanor and shall be punished in accordance with section 1-15. If any violation is continuing, each day's violation shall be deemed a separate violation. (Code 1982, § 7-118) Secs. 10-249—10-275. - Reserved. DIVISION 2. - RABIES VACCINATION Sec. 10-276. - Reserved. Sec. 10-277. - Current rabies vaccination certificate required. A current rabies vaccination certificate must be obtained for the each cat on the premise, kept up to date and have available upon request by the animal control officer. (Code 1982, § 7-132) Secs. 10-278—10-310. - Reserved. DIVISION 3. - RUNNING AT LARGE; NUISANCE[7] Footnotes: --- (7) --- Cross reference— Nuisances, § 18-26 et seq. Sec. 10-311. - Restraint; duty to prevent nuisance. (1) Domestic cats in the city shall be kept under restraint at any time such cat is off the owner's premises. November 28, 2016 23 City Council Meeting Minutes (2) It shall be the obligation and responsibility of the owner or custodian of any cat in the city, whether permanently or temporarily therein, to prevent such cat from committing any act which constitutes a nuisance as defined in subsection (c) of this section. (3) For the purpose of this section, a cat shall be deemed to constitute a nuisance when the cat: (a) Is not confined to the owner's or custodian's property by adequate fencing or leashing or if the cat is off the premises of the owner or custodian and is not under control of the owner or custodian by a leash not exceeding eight feet in length, when not confined in a motor vehicle or cage. (b) Commits damage to the person or property of anyone other than the owner; creates a nuisance on the property of one other than the owner, such as damaging property, plantings, or structures; deposits fecal material on property other than that of the owner; scratches or bites a person; or cries, howls or loudly mews at night to disturb people other than the owner. (4) Failure on the part of the owner or custodian to prevent their cat from committing an act of nuisance shall be a petty misdemeanor and shall be subject to the penalty provided for such offense. (Code 1982, § 7-146) Sec. 10-312. - Female cats in heat. Every female cat in heat in the city shall be confined in a building or secure enclosure in such manner that such female cat cannot come into contact with another cat, except for planned breeding. (Code 1982, § 7-147) Secs. 10-313—10-340. - Reserved. DIVISION 4. – IMPOUNDMENT/CAT MANAGEMENT Sec. 10-341. - Authority; notice to known owners; reclamation by owners; disposal of unclaimed cats. (1) Cats running at large in the city may be taken to the Humane Society and impounded in an animal shelter and there confined in a humane manner. Impounded cats shall be kept for not less than five days, unless reclaimed by their owners. Cats not claimed by their owners within five days shall be humanely disposed of by an agency designated by the council. (2) Maplewood police officers or animal control officers are not authorized to impound lost or recovered cats except when a citizen is unable to transport the animal, or when an officer reasonably believes the cat represents a public safety risk, or when a cat requires quarantine due to a bite, or in other circumstances as approved by the police chief or their designee. The police department shall support recovered cat November 28, 2016 24 City Council Meeting Minutes and stray cat population management efforts by offering live traps to interested residents and referring recovered cats or trapped stray cats to the Animal Humane Society. (Code 1982, § 7-161) Sec. 10-342. - Fees; additional penalties. Any owner reclaiming an animal under this division shall pay a fee as set by the Humane Society. (Code 1982, § 7-162) Secs. 10-343—10-370. - Reserved. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Consider Approval of Resolution Supporting the Refined Alignment for the Gateway “Gold Line” Corridor, Project 14-05 Public Works Director Thompson introduced the report. Lyssa Leitner, Gateway Gold Line Project Manager addressed the council to give an update on the Gateway “Gold Line” Corridor project and answer questions of the council. Councilmember Smith moved to approve the resolution supporting the Refined Alignment for the Gateway “Gold Line” Corridor, Project 14-05. Resolution 16-11-1398 Resolution Transmitting the City of Maplewood’s Support for the Refined East End Section of the Locally Preferred Alternative (LPA) that runs through the Cities of Oakdale and Woodbury to the Gateway Corridor Policy Advisory Committee (PAC), Gateway Corridor Commission (GCC), Washington County Regional Railroad Authority 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, and; WHEREAS, the Gateway Corridor is located in Ramsey and Washington Counties, Minnesota, extending approximately 9 miles, and connecting downtown Saint Paul with its East Side neighborhoods and the suburbs of Maplewood, Landfall, Oakdale, and Woodbury, and; November 28, 2016 25 City Council Meeting Minutes WHEREAS, the Gateway Corridor project received the important Presidential designation as a Federal Infrastructure Permitting Dashboard Project, 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 LPA includes the definition of the Gateway Corridor mode and a conceptual alignment which can be refined through further engineering efforts, and; WHEREAS, LPA resolutions of support for the BRT Alternative A-B-C-D2-E2 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 were provided by the PAC, GCC, each of the Gateway Corridor cities, and Ramsey and Washington County Regional Railroad Authorities in 2014, and; WHEREAS, the Gateway Corridor (Gold Line) was officially included in the Metropolitan Council’s 2040 Transportation Policy Plan, and; WHEREAS, several alignment and station location options were developed and assessed as part of the LPA refinement process from Lake Elmo/Settlers Ridge Parkway to Manning Avenue in Lake Elmo; and WHEREAS, on September 22, 2014, the Maplewood City Council took action on the Original LPA alignment; WHEREAS, in January 2016 the Lake Elmo City Council took action to not support the Gateway project through their community, requiring further refinement of the LPA alignment east of I-694, and; WHEREAS, additional alignment and station options have been evaluated east of I-694 in the cities of Oakdale and Woodbury, and; WHEREAS, the East End Working Group, Technical Advisory Committee, Community Advisory Committee, Policy Advisory Committee and Gateway Corridor Commission after reviewing technical analysis and input from the public, recommended the Dedicated BRT Alternative A-B-C-D3 (see figure) as the refined LPA for public comment, and; WHEREAS, the Policy Advisory Committee and Gateway Corridor Commission held a public hearing on November 10, 2016 at the Woodbury City Hall on the recommended LPA, at which time people testified, and; WHEREAS, the comment period for the recommended LPA remained open through November 13, during which time comments were received, and; NOW THEREFORE BE IT RESOLVED that the City of Maplewood has taken into consideration the technical information and public input on each of the east end alignment and station options for the section of the corridor east of I-694 in the Cities of Oakdale and Woodbury, and hereby identifies Dedicated BRT Alternative A-B-C-D3 (see figure) as the LPA. The LPA alignment from west of I-694 remains unchanged; and November 28, 2016 26 City Council Meeting Minutes BE IT FURTHER RESOLVED that the City of Maplewood commits to working with the Washington County Regional Railroad Authority (WCRRA), on behalf of the Gateway Corridor Commission and the Metropolitan Council to address areas of particular importance to the City of Maplewood (as previously identified in the Original LPA Resolution adopted on the 22nd day of September 2014) and other stakeholders. BE IT FURTHER RESOLVED that this resolution adopted by the City of Maplewood be forwarded to the Policy Advisory Committee, Gateway Corridor Commission, Washington County Regional Railroad Authority and the Metropolitan Council for their consideration. Seconded by Councilmember Juenemann Ayes – All The motion passed. J. NEW BUSINESS 1. Consider Approval of the Maplewood Alzheimer’s Special Care Center, 1700 Beam Avenue a. Preliminary Plat b. Conditional Use Permit Resolution c. Design Review d. Parking Waiver Economic Development Coordinator Martin gave the staff report and answered questions of the council. Commissioner Allan Ige addressed the council to give the report from the Planning Commission. Chair Matt Ledvina, addressed the council to give the report from the Community Design Review Board. Kevin Gardner, Associate Civil Engineer with Pierce Pini & Associates addressed and answered questions of the council. Councilmember Smith moved to approve the Voran Properties Addition preliminary plat located on the southeast corner of Beam Avenue and Southlawn Drive subject to the following conditions: 1. Submit to staff a revised plat which shows the easterly lot line for Lot 2 shifted to the west to ensure the existing parking lot on Lot 3 meets the required five foot setback. Alternatively, the applicants can submit a revised site plan showing how the existing parking lot on Lot 3 is reconstructed to meet the five-foot setback. 2. Submit to staff copies of the executed cross access agreements for Lots 1 through 4. 3. Comply with the conditions of approval in Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016, attached to this report. 4. Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016, attached to this report. Seconded by Councilmember Juenemann Ayes – All The motion passed. November 28, 2016 27 City Council Meeting Minutes Councilmember Juenemann moved to approve the conditional use permit resolution to allow multi-family senior housing in a Business Commercial Modified zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped September 30, 2016, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The city council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Comply with the conditions of approval in Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016, attached to this report. 5. Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016, attached to this report. 6. This permit allows 50 senior housing units for residents with Alzheimer’s, dementia, and related memory issues. Minor changes to this unit count may be approved by staff. Resolution 16-11-1399 Conditional Use Permit Resolution W HEREAS, JEA Development/Maple Care Group, LLC has applied for a conditional use permit to put a multi-family senior housing facility in a Business Commercial Modified zoning district; W HEREAS, Section 44-558 (1) of the Business Commercial Modified district requirements states that a conditional use permit may be granted for all permitted uses in the R3 district. W HEREAS, this permit applies to the property located at Block 1, Lot 1, Voran Properties Addition (1700 Beam Avenue). W HEREAS, the history of this conditional use permit is as follows: 1. On November 15, 2016, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On November 28, 2016, the city council considered reports and recommendations of the city staff and planning commission. November 28, 2016 28 City Council Meeting Minutes NOW , THEREFORE, BE IT RESOLVED that the city council approved the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic f eatures into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the f ollowing conditions: 1. All construction shall follow the site plan date-stamped September 30, 2016, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The city council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Comply with the conditions of approval in Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016. November 28, 2016 29 City Council Meeting Minutes 5. Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016. 6. This permit allows 50 senior housing units for residents with Alzheimer’s, dementia, and related memory issues. Minor changes to this unit count may be approved by staff. Seconded by Councilmember Smith Ayes – All The motion passed. Councilmember Smith moved to approve the parking waiver of 59 parking spaces for the Maplewood Alzheimer’s Special Care Center at 1700 Beam Avenue. City ordinance requires 100 parking spaces for this site, and the proposed project will provide 41 parking spaces. If a parking shortage develops the city council may require the applicant to secure more parking spaces. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Smith moved to approve the plans date-stamped September 30, 2016, for the Maplewood Alzheimer’s Special Care Center at 1700 Beam Avenue. Approval is subject to the applicant complying with the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall comply with the conditions noted in Jon Jarosch’s city engineering dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016. 3. The applicant shall comply with the conditions noted in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016. 4. Submit to staff copies of the executed cross access agreements for Lots 1 through 4. 5. Submit to staff a revised lighting plan which shows outdoor lights do not exceed .4 foot candles of lumens at the property line. 6. Submit to staff a revised site plan which shows the concrete sidewalk extending from the westerly lot of Lot 1 to the existing sidewalk located in front of Lot 3. 7. All signage on the property must comply with the City’s sign ordinance and requires separate sign permits. 8. Submit to staff revised elevations showing brick wainscot from the base of the building up to the window line on all elevations. All brick used on the building shall match. 9. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. Seconded by Councilmember Juenemann Ayes – All The motion passed. November 28, 2016 30 City Council Meeting Minutes 2. Consider Approval of a Building Expansion for Metro Heating and Cooling, 2303 Atlantic Street North a. Conditional Use Permit Resolution b. Design Review Economic Development Coordinator Martin gave the staff report and answered questions of the council. Commissioner Allan Ige addressed the council to give the report from the Planning Commission. Chair Matt Ledvina, addressed the council to give the report from the Community Design Review Board. Paul Ryland, Manager from Metro Heating and Cooling addressed and introduced himself to the council. Councilmember Juenemann moved to approve the conditional use permit resolution. This conditional use permit allows a 2,580 square foot building expansion within the M-1 (light manufacturing) zoning district that is within 350 feet of a residential zoning district for the property located 2303 Atlantic Street North. This approval shall be subject to the following conditions: 1. All construction shall follow the project plans as approved by the city. The director of environmental and economic development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall provide a screening fence between its trash containers and the neighboring property to the west. All trash enclosure s must be kept on the south end of the building, as indicated by the applicant’s plans, and out of the view from the public right-of-ways. 5. The existing residential structure on this site is a legal, non-conforming use. If the home is vacant for one year or more its legal, non -conforming status ceases and cannot be used for residential purposes. Resolution 16-11-1400 Conditional Use Permit Resolution WHEREAS, Metro Heating and Cooling has applied for a conditional use permit to expand the existing building at 2303 Atlantic Street North. WHEREAS, conditional use permits are required for commercial buildings in the light manufacturing (m1) zoning district that are within 350 feet of properties that have been guided and zoned as residential. WHEREAS, this permit applies to the 1 acre site at 2303 Atlantic Street North. The legal description and property identification number are: Subject To Road & Except South 200 Feet; The East 260 Feet Of Block 14 Also; Except W est 400 Feet & Except East 30 Feet; Part Lying Southerly Of Highway 36 Of Block 17 09-29-22-41-0023 November 28, 2016 31 City Council Meeting Minutes WHEREAS, the history of this conditional use permit is as follows: 1. On November 15, 2016, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit 2. On November 28, 2016 the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the project plans as approved by the city. The director of environmental and economic development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall provide a screening fence between its trash containers and the neighboring property to the west. All trash enclosures must be kept on the south end of the building, as November 28, 2016 32 City Council Meeting Minutes indicated by the applicant’s plans, and out of the view from the public right-of-ways. 5. The existing residential structure on this site is a legal, non- conforming use. If the home is vacant for one year or more its legal, non-conforming status ceases and cannot be used for residential purposes. Seconded by Councilmember Xiong Ayes – All The motion passed. Councilmember Juenemann moved to approve the plans date-stamped November 7, 2016, for Metro Heating and Cooling’s proposed building expansion. Approval is subject to the developer complying with the following conditions: 1. This approval is good for two years. After two years, the design-review process shall be repeated if the developer has not begun construction. 2. All requirements of the fire marshal and building official must be met. 3. The applicants shall comply with all requirements of the Maplewood Engineering Report from Jon Jarosch dated November 8, 2016. 4. The applicants shall provide the city with cash escrow or an irrevocable letter of credit for 150 percent of the proposed exterior landscaping and site improvements prior to getting a building permit for the development. 5. The applicant shall provide a screening fence between its trash containers and the neighboring property to the west. All trash enclosures must be kept on the south end of the building, as indicated by the applicant’s plans, and out of the view from the public right-of-ways. 6. The removal of the existing asphalt for the parking lot will not require the applicant to install concrete curbing as determined by the city engineer. 7. All work shall follow the approved plans. The director of environmental and economic development may approve minor changes. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Consider Approval of New Buildings at Maple Ridge Shopping Center, 2515 White Bear Avenue a. Design Review b. Comprehensive Sign Plan Amendment Economic Development Coordinator Martin gave the staff report and answered questions of the council. Chair Matt Ledvina addressed the council to give the report from the Community Design Review Board and answer questions of the council. Tom Wasmoen, CEO of Firm Ground Architects & Engineers addressed the council to give additional information about the project and answer questions of the council. Councilmember Abrams moved to table the approval of the new buildings at Maple Ridge Shopping Center, 2515 White Bear Avenue and send it back to Community Design Review Board to address concerns with landscaping, parking, traffic flow, lighting, stacking of vehicles in the proposed drive-through, building materials, and the November 28, 2016 33 City Council Meeting Minutes appearance of the elevations on the east side of the new buildings. After the Design Review Board review, the application will be brought back to the City Council for final approval. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Consider Approval of Early Retirement Incentive Plan Assistant City Manager/Human Resource Director Funk gave the staff report and answered questions of the council. City Manager Coleman gave additional information about filling positions within the city as they become vacant. Councilmember Juenemann moved to approve the 2017 Early Retirement Incentive Plan (ERIP). Seconded by Councilmember Abrams Ayes – All The motion passed. K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. 1. Mark Bradley, Maplewood Resident 2. Bob Zick, North St. Paul Resident M. ADJOURNMENT Mayor Slawik adjourned the meeting at 10:21 p.m.