HomeMy WebLinkAbout2019-07-22 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, July 22, 2019
City Hall, Council Chambers
Meeting No. 14-19
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 Abrams.
Mayor Abrams reported on her article in the City’s newsletter, Maplewood Living, on
partnerships within the City. She then talked about the smoke detector partnership
between the Maplewood Fire Department and Red Cross. EMS Chief Mondor
addressed the council to give additional information on the partnership.
She further reported on work the Maplewood Police Department did with car dealerships
to receive a grant from the State of Minnesota Theft Recovery Fund. Public Safety
Director Nadeau gave additional information on the grant.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Marylee Abrams, Mayor Present
Kathleen Juenemann, Councilmember Present
William Knutson, Councilmember Present
Sylvia Neblett, Councilmember Present
Bryan Smith, Councilmember Present
D. APPROVAL OF AGENDA
The following items were added to Council Presentations:
National Night Out
Sisters of Swing
Gold Line Partners Meeting
Parks & Recreation Meeting
Councilmember Neblett moved to approve the amended agenda as amended.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of July 8, 2019 City Council Workshop Minutes
Councilmember Juenemann moved to approve the July 8, 2019 City Council Workshop
Minutes as submitted.
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Seconded by Councilmember Smith Ayes – All
The motion passed.
2. Approval of July 8, 2019 City Council Meeting Minutes
Councilmember Juenemann moved to approve the July 8, 2019 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Smith Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
Assistant City Manager Funk gave an update to the council calendar; reviewed other
topics of concern or interest requested by councilmembers; and gave an overview of
upcoming events in the community.
2. Council Presentations
National Night Out
Councilmember Juenemann reported on National Night Out that will take place on
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Tuesday, August 6. Mayor Abrams gave additional information on National Night Out.
Public Safety Director Nadeau gave further information on National Night Out.
Sisters of Swing
Mayor Abrams reported on the Sisters of Swing, a musical about the Andrew Sisters that
is being presented at the Bruentrup Historical Farm in Maplewood.
Gold Line Partners Meeting
Councilmember Neblett reported on the Gold Line Partners Meeting she attended on
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July 11.
Parks & Recreation Meeting
Councilmember Neblett reported on the Parks & Recreation Commission Meeting she
attended.
3. Swearing-In Ceremony – Police Officers Connor Salchow and Gustavo Perez
Public Safety Director Nadeau introduced the two new police officers Connor Salchow
and Gustavo Perez. City Clerk Sindt performed the swearing-in of both police officers.
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4. St. Paul Area Chamber of Commerce Presentation
Shannon Watson, Director of Public Affairs with St. Paul Area Chamber of Commerce,
gave the presentation.
G. CONSENT AGENDA
Agenda items G3, G5 and G8 were highlighted.
Councilmember Juenemann moved to approve agenda items G1-G8.
Seconded by Councilmember Smith Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 189,637.87 Checks #103909 thru #103945
dated 07/09/19
$ 370,481.82 Disbursements via debits to checking account
dated 07/01/19 thru 07/05/19
$ 377,347.23 Checks # 103946 thru #103983
dated 07/16/19
$ 634,417.99 Disbursements via debits to checking account
dated 07/08/19 thru 07/12/19
$ 1,571,884.91 Total Accounts Payable
PAYROLL
$ 580,193.59 Payroll Checks and Direct Deposits dated 07/12/19
Payroll Deduction check # 99103822 thru #
$ 2,563.23 99103825
dated 07/12/19
$ 582,756.82 Total Payroll
$ 2,154,641.73 GRAND TOTAL
Seconded by Councilmember Smith Ayes – All
The motion passed.
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2. Transfers and Budget Adjustments
Councilmember Juenemann moved to approve the debt service transfers and budget
adjustments dated 7/22/2019 and authorize the Finance Director to make the necessary
accounting entries.
Seconded by Councilmember Smith Ayes – All
The motion passed.
3. Update on Overnight Parking and Repeat Nuisance Service Call Fee
Ordinances
Councilmember Juenemann moved to approve the update on Overnight Parking and
Repeat Nuisance Service Call Fee Ordinances.
Seconded by Councilmember Smith Ayes – All
The motion passed.
4. HIPAA Hybrid Entity Designation
Councilmember Juenemann moved to designate the City as a HIPAA Hybrid Entity by
approving the designation.
Seconded by Councilmember Smith Ayes – All
The motion passed.
5. Ambulance Billing Rate Adjustment
Councilmember Juenemann moved to approve the amendment to the service
agreement with TransMedic Billing Services.
Seconded by Councilmember Smith Ayes – All
The motion passed.
6. Local Lawful Gambling Permit for the Church of St. Jerome, 380 Roselawn
Avenue East
Councilmember Juenemann moved to approve the Local Lawful Gambling permit for the
Church of St. Jerome on September 14-15, 2019 at 380 Roselawn Avenue East.
Seconded by Councilmember Smith Ayes – All
The motion passed.
7. Strategic Plan Update for Second Quarter of 2019
Councilmember Juenemann moved to approve the 2019 second quarter strategic plan
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report.
Seconded by Councilmember Smith Ayes – All
The motion passed.
8. Travel Expenses for Mayor Abrams for Pulse BRT Peer Project Tour
Councilmember Juenemann moved to approve the travel expenses for Mayor Abrams to
attend the Pulse BRT Peer Project Tour in Richmond, Virginia.
Seconded by Councilmember Smith Ayes – All
The motion passed.
H. PUBLIC HEARINGS
1. Modifications to Maplewood Area Economic Development Authority (EDA)
a. Public Hearing on Resolution Modifying the Enabling Resolution
Regarding the Maplewood EDA
b. Ordinance Amendment to Chapter 2, Article IV, Divisions 8 and 9
Regarding Maplewood Area EDA and Maplewood Housing and
Economic Development Commission
c. Resolution Authorizing Publication of Ordinance by Title and
Summary (4 votes)
City Attorney Batty gave the staff report.
Mayor Abrams opened the public hearing. The following person spoke:
Kevin Berglund
Mayor Abrams closed the public hearing.
Councilmember Smith moved to approve the resolution modifying the enabling
resolution regarding the Maplewood Economic Development Authority.
Resolution 19-07-1719
A RESOLUTION MODIFYING THE ENABLING RESOLUTION REGARDNG THE
MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED by the city council of the city of Maplewood, Minnesota (the
“City”) as follows:
Section 1. Background and Findings.
1.01. The City is authorized by Minnesota Statutes, sections 469.090 through
469.1081 (the “Act”) to establish an economic development authority in
Maplewood to coordinate and administer economic development and
redevelopment plans and programs in the community.
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1.02. In 2009, the City adopted Ord. No. 891, establishing the Maplewood Area
Economic Development Authority pursuant to the Act. Ord. No. 891 conferred on
the economic development authority only those powers of an economic
development authority. The economic development authority was not granted
the powers of a housing and redevelopment authority under Minnesota Statutes,
sections 469.001 through 469.047 or of a city under Minnesota Statutes, sections
469.124 through 469.134.
1.03. In 2012, the City adopted Ord. No. 927 which transferred the powers of the
housing and redevelopment authority to the housing and economic development
commission (“HEDC”).
1.04. It is found and determined by the city council that the encouragement and
financial support of economic development and redevelopment in the City is vital
to the orderly development of the City and in the best interests of the health,
safety, prosperity and general welfare of the citizens of the City.
1.05. It is further found and determined that the economic development and
redevelopment of the City can best be accomplished by the establishment of an
economic development authority imbued with the full range of powers authorized
by the Act.
1.06. In accordance with the requirements of the Act, the city council provided notice
and conducted a public hearing on July 22, 2019 concerning the modification of
the enabling resolution regarding the economic development authority, at which
hearing all persons desiring to express their views were heard.
Section 2. Enabling Resolution.
2.01. The Maplewood Area Economic Development Authority is hereby renamed the
Maplewood Economic Development Authority (“MEDA”) pursuant to this modified
enabling resolution (the “Enabling Resolution”). All prior references to the
Maplewood Area Economic Development Authority shall hereinafter refer to
MEDA. MEDA is a public body corporate and politic and a political subdivision of
the state of Minnesota.
2.02. MEDA shall have all the powers of an economic development authority under the
Act, and the powers of a housing and redevelopment authority under Minnesota
Statutes, sections 469.001 to 469.047 and of a city under Minnesota Statutes,
sections 469.124 to 469.134, as such laws may be amended from time to time,
except as limited by this Enabling Resolution.
2.03. MEDA shall consist of a governing body of five commissioners. The
commissioners shall be the members of the Maplewood city council.
Commissioners’ terms shall coincide with their terms of office as members of the
city council.
Section 3. Limits of Powers.
3.01. MEDA shall have the powers authorized by the Act, subject to the following
limitations in the exercise of its authority:
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a. The sale of all bonds or other obligations issued by MEDA must be
approved by the city council before issuance.
b. MEDA must follow the budget process for City departments in
accordance with City policies, resolutions and ordinances.
c. All actions of MEDA must be consistent with the City’s comprehensive
plan and official controls implementing the comprehensive plan.
d. MEDA must obtain approval of the city council for all planned activities for
influencing the actions of any other governmental agency, subdivision or
body.
e. Except when previously pledged by MEDA, the city council may by
resolution require MEDA to transfer any portion of the reserves generated
by its activities that the city council determines is not necessary for the
successful operation of MEDA to the debt service fund of the City to be
used solely to reduce tax levies for bonded indebtedness of the City.
3.02. This Enabling Resolution may be modified from time to time by the city council in
the manner prescribed by the Act.
3.03. As provided in the Act, it is the intention of the city council that nothing in this
Enabling Resolution nor any activities of MEDA be construed to impair the
obligations of the City under any of its contracts or to affect in any detrimental
manner the rights and privileges of a holder of a bond or other obligation
heretofore issued by the City. MEDA shall not modify any covenant or obligation
in effect at the time any bonds or obligations were issued or contracts executed
to the detriment of the holder of the bonds or obligations or any contracting party.
Section 4. Officers, Organization.
4.01. MEDA shall hold an organizational meeting at such time as may be determined
by the city council for the purposes below and others as may be deemed
appropriate by MEDA.
4.02. MEDA may adopt bylaws and rules of procedure and shall adopt an official seal.
4.03. MEDA shall elect a president, vice president, treasurer, secretary, and assistant
treasurer who shall have such duties and powers as prescribed by the Act. The
president, treasurer, and secretary shall be elected annually. No commissioner
shall serve as president and vice-president at the same time. The offices of
secretary and assistant treasurer need not be held by a commissioner.
4.04. MEDA shall appoint an executive director and secure the services of such other
persons as it deems necessary or convenient to perform its functions.
4.05. MEDA may by resolution establish one or more advisory committees to MEDA.
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Section 5. Audit.
5.01. The financial statements of MEDA must be prepared, audited, filed, and
published or posted in the manner required for the financial statements of the
City.
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5.02. The report must be filed with the state auditor by June 30 of each year.
Section 6. Bonds.
6.01. MEDA may issue its general obligation bonds in the principal amounts authorized
by two-thirds majority vote of the city council.
a. The bonds may be issued in anticipation of income from any source and
used to secure funds needed to pay for acquired property or for other
purposes authorized by the Act.
b. The bonds must be in the amount and form and bear interest at the rate
set by the city council.
c. The first installment shall be due in not more than 3 years and the last in
not more than 30 years from the date of issuance.
d. The bonds shall not impose any personal liability on a member of MEDA.
e. The bonds shall be secured by the full faith, credit and resources of the
City only if the city council specifically authorizes MEDA to do so.
6.02. MEDA may issue revenue bonds for such purposes and following such
procedures as are specified in the Act.
Section 7. Tax Levy.
7.01. The City may, at the request of MEDA, levy a tax in any year for the benefit of
MEDA in an amount not more than 0.01813 percent of taxable market value of
property within Maplewood or such other amount as allowed by the Act. The levy
may be increased by resolution of the city council following a public hearing and
published notice in accordance with the Act.
7.02. MEDA may, when exercising its powers as a housing and redevelopment
authority, levy a tax in accordance with Minnesota Statutes, section 469.033.
The levy shall be in an amount approved by the city council but shall not exceed
0.0185 percent of taxable market value of property within Maplewood or such
other amount as authorized by law.
Section 8. Implementation.
8.01. The city council may from time to time adopt such ordinances and resolutions as
may be necessary or convenient to give full effect to this Enabling Resolution.
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8.02. The mayor, city manager and other City officials are authorized and directed to
take such actions and execute and deliver such documents necessary or
convenient to give full effect to this Enabling Resolution.
Section 9. Supersedes Previous Authorizations.
9.01. This modified Enabling Resolution constitutes the operative Enabling Resolution
of MEDA as of the date of its adoption and supersedes Ord. No. 891 and those
portions of Ord. No. 927 which are inconsistent herewith.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
Councilmember Smith moved to approve the ordinance amending Chapter 2, Article IV,
of the city code by repealing Division 8 regarding the Maplewood Area Economic
Development Authority and amending Division 9 regarding the Maplewood housing and
economic development commission.
Ordinance 1004
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV OF THE CITY CODE
BY REPEALING DIVISION 8 REGARDING THE MAPLEWOOD AREA
ECONOMIC DEVELOPMENT AUTHORITY AND AMENDING DIVISION 9
REGARDING THE MAPLEWOOD HOUSING AND ECONOMIC
DEVELOPMENT COMMISSION
The Maplewood City Council ordains as follows:
Section I. Chapter 2, Article IV, Division 8 of the Maplewood city code:
DIVISION 8.
Sec. 2-322 through Sec. 2-334 Reserved.
Section II. Chapter 2, Article IV, Division 9 of the Maplewood city code:
DIVISION 9. - THE MAPLEWOOD HOUSING AND ECONOMIC DEVELOPMENT
COMMISSION (HEDC)
Sec. 2-335. - Definitions.
Common terms. As used in this division, the terms defined have the meanings given them.
Commission means the housing and economic development commission or HEDC.
City means the City of Maplewood, Minnesota.
City council means the duly elected governing body of the City of Maplewood, Minnesota.
Small business means a business whose principal place of operation is in the City of
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Maplewood and employs 30 people or less and is not a subsidiary of a larger entity or a
corporate-owned franchise location.
Sec. 2-336. - Reserved.
Sec. 2-337. – Purpose.
It shall be the role and responsibility of the commission to discuss and make
recommendations to the economic development authority regarding economic and
industrial development and redevelopment within the city pursuant to bylaws as may be
adopted by the commission. It shall confer with other city departments, the economic
development authority, the local chamber of commerce, the Maplewood Parks
Commission, and other public and private groups on matters relating to business and
industrial development and periodically survey the area's industrial and commercial
climate and report regularly to the economic development authority, the city council, or
both as directed.
It shall also be the purpose of the commission to advise and make recommendations
to the city council on housing matters regarding policy issues, development,
redevelopment and housing maintenance. The commission's purpose is to also promote
and guide the city council and city staff to develop, improve and retain housing stock in
Maplewood that is safe, healthy, meets the housing needs of the residents and maintains
value of quality housing throughout the city.
Sec. 2-338. - Name.
The entity shall be known as the Maplewood Housing and Economic Development
Commission or HEDC.
Sec. 2-339. - Members.
The commission shall consist of seven members, three of which shall be
representative of, "small business," if available to serve, in Maplewood. The members
shall be appointed by the mayor and city council, upon approval by majority vote of the
same. Those initially appointed shall be appointed for staggered terms consisting of two
members appointed to one-year terms; two members appointed to two-year terms; and
three members appointed to three-year terms, respectively, with a "small business"
representative appointed in each of the initial term time frames. Thereafter, members are
appointed to three-year terms. Members may be reimbursed for expenses pursuant to city
reimbursement policies. The city council shall also appoint persons to the commission with
backgrounds in housing, with knowledge in securing and maintaining quality housing stock
in the city.
Sec. 2-340. - Administration.
Bylaws. The commission shall adopt bylaws and rules of procedure for administration of
its affairs.
Chair. The commission shall elect a chair, and a vice-chair on an annual basis.
Meetings. The commission shall meet quarterly and at such other times as necessary.
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Rules. The commission shall adopt such rules and guidelines as they deem appropriate,
but shall operate in accordance with Maplewood's Commission Handbook as adopted and
amended from time to time. No rules shall be adopted by the commission that are in
conflict with the city's official commission handbook and in the event of any conflict or
question, the handbook shall prevail.
Sec. 2-341. - Reserved.
Sec. 2-342. - Report to council.
The commission shall submit a written report of its activities to the council at least
annually.
Sec. 2-343. - Director.
The city's manager, or designee, shall attend all meetings of the commission, shall
serve as a consultant and advisor to the commission and shall make quarterly reports to
the council.
Sec. 2-344. - Reserved.
Sec. 2-345 - Intent to comply.
Except as otherwise authorized by Minnesota Statutes, it is the intent of the City
Council of Maplewood to create the housing and economic development commission as
a "standing" body of the city that shall be subject to the rules, regulations, restrictions and
requirements as defined in both the Open Meeting Law, § 13D.01, et seq., and the
Minnesota Government Data Practices Act, § 13.01, et seq.
SECTION III. This ordinance shall be effective following its adoption and publication.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
Councilmember Smith moved to approve the resolution authorizing publication of the
ordinance by title and summary.
Resolution 19-07-1720
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 1004 BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Maplewood has adopted Ordinance No.
1004, an ordinance amending city code provisions regarding the city’s economic
development authority and the city’s housing and economic development commission; and
WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is seven pages in length; and
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WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood
that the city clerk shall cause the following summary of Ordinance No. 1004 to be published
in the official newspaper in lieu of the entire ordinance:
Public Notice
The Maplewood city council has adopted Ordinance No. 1004, which amends
Chapter 2, Article IV, Divisions 8 and 9 of the city code of ordinances by deleting the
provisions relating to the Maplewood Area Economic Development Authority and to the
authority of the housing and economic development commission (HEDC) to act as of the
city’s housing and redevelopment authority. The city council intends to adopt an amended
enabling resolution which establishes the Maplewood Economic Development Authority with
the full range of powers allowed under Minnesota Statutes., sections 469.090 through
469.1081. A full copy of the ordinance is available in the office of the city clerk.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. On-Sale Intoxicating Liquor and Sunday Sales License for Juicy Shrimp
Shack MN, LLC (d/b/a Juicy Shrimp Shack), 1900 County Road D East, Suite
135
City Clerk Sindt gave the staff report. Kay Xiong Vang addressed and answered
questions of the council.
Councilmember Smith moved to approve the On-Sale Intoxicating Liquor and Sunday
Sales license for Juicy Shrimp Shack MN LLC, (d/b/a Juicy Shrimp Shack) at 1900
County Road D East, Suite 135.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
2. Ordinance Amending Chapter on Dogs
a. Ordinance Repealing and Replacing Chapter 10, Article III Dogs
b. Resolution Authorizing Publication of Ordinance by Title and
Summary (4 votes)
City Clerk Sindt gave the staff report.
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Councilmember Neblett moved to approve the ordinance repealing and replacing
Chapter 10, Article III Dogs.
Ordinance 1005
AN ORDINANCE REPEALING AND REPLACING CHAPTER 10 ARTICLE III OF THE
MAPLEWOOD CITY CODE REGARDING DOGS
The Maplewood City Council ordains as follows:
Section 1. Chapter 10, Article III. – Dogs is hereby repealed in its entirety and replaced
with the following text:
ARTICLE III. – DOGS
DIVISION 1. – GENERALLY
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.
Restraint. A dog 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.
Sec. 10-62. - Limitation on number for each dwelling unit in residential zones.
Except as provided for in Section 10-67, no more than three dogs over six
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; no more than two dogs over six months of age shall be
housed or be kept on any one residential site in any area of the city zoned R-2 residence
district; and, no more than one dog over six months of age shall be kept in a dwelling
unit in any area of the city zoned R-3 residence district.
Sec.10-63. –Vaccination Requirements.
Every dog over six months of age shall be vaccinated against rabies. Vaccinations
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shall be administered only by or under the supervision of a veterinarian. Proof of a current
rabies vaccination shall be provided upon demand of the officer.
Sec. 10-64. – Identification Requirements.
Any dog residing in the city shall have some identification on them which
identifies the owner and provides contact information. Identification allowed includes
microchips, veterinarian issued rabies tag or any other tag or inscribed collar.
Sec. 10-65. - Enforcement.
Officers shall have police powers in the enforcement of this article, and no
person shall interfere with or hinder any such officer in the exercise of such powers.
Sec. 10-66. - Violations.
The owner in violation of any section of this article shall comply within 30 days or
shall be issued a citation in accordance with section 1-15 or shall humanely remove the
dog from their premises within 30 days of notification.
Sec. 10-67. - Exemptions from division.
The division requirements shall not apply to owners of service dogs and to
nonresidents of the city who are keeping dogs in the city for 30 days or less annually.
Secs. 10-68 - 10-125. - Reserved.
DIVISION 2. - RUNNING AT LARGE; NUISANCE
Sec. 10-126. - Restraint.
All dogs shall be kept under restraint at all times in the city.
Sec. 10-127. - Duty of owners.
(a) No owner or custodian of any dog 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 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.
(b) 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.
(c) No owner or custodian of any dog within the city shall allow the dog to remain outside
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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.
(d) 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 an 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 10-66.
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.
Secs. 10-129—10-155. - Reserved.
DIVISION 3. – IMPOUNDMENT
Sec. 10-156. - Return to owner of dog found at large.
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.
Sec. 10-157. - 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 the 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 the owner can be identified, the officer shall immediately 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.
Sec. 10-158. - 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 from time to time. The owner may also be
cited for violation of this article.
Secs. 10-159—10-185. - Reserved.
DIVISION 4. - DANGEROUS DOGS
Secs. 10-186 - 10-188. - Reserved.
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Secs. 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.
Great bodily harm has the meaning given it under Minn. Stats. § 609.02, subdiv.
8.
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.
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.
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Provocation means an act that adult could reasonably expect may cause a dog to
attack or bite.
Substantial bodily harm has the meaning given it under Minn. Stats. § 609.02,
subdiv. 7a.
(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 insurance
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.
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(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(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, subdiv. 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
July 22, 2019 18
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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, 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 or of its transfer within the city 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
the owner's expense.
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(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
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
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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, 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 or of its transfer within the city 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.
Secs. 10-190 – 10-245. – Reserved.
Section 2. This ordinance shall be effective following its adoption and publication.
nd
Approved by the city council of the city of Maplewood this 22 day of July, 2019.
Seconded by Councilmember Smith Ayes – All
The motion passed.
Councilmember Smith moved to approve the resolution authorizing publication of the
ordinance by title and summary.
July 22, 2019 21
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Resolution 19-07-1721
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 1005 BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Maplewood has adopted Ordinance No.
1005, an ordinance amending Chapter 10 of the city code regarding dog and small kennel
licenses; and
WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is several pages in length; and
WHEREAS, the City Council believes that the following summary would clearly
inform the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood
that the City Clerk shall cause the following summary of Ordinance No. 1005 to be published
in the official newspaper in lieu of the entire ordinance:
Public Notice
The Maplewood City Council has adopted Ordinance No. 1005, which amends
Chapter 10 of the city code regarding dogs. The ordinance amendment removes the
requirements for residents to obtain dog licenses and small kennel licenses. Rather, the
addition of requirements for vaccination and identification and the establishment of
allowed maximum number of dogs based on residence district were defined. Further
changes were made to update language throughout the chapter.
BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the
City Clerk keep a copy of the ordinance in her office at city hall for public inspection.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
3. Request for Authorization to Negotiate a Draft Residential Curbside Trash
and Recycling Contract with the Top Ranked Respondents
Environmental Planner Finwall gave the presentation.
Councilmember Juenemann moved to approve City staff to negotiate draft separate
residential curbside trash and recycling contracts with the top ranked respondents.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
4. Frost-English Phase III Term Sheet with Maplewood Commercial, LLC
Assistant Community Development Director Martin gave the staff report. Shane LaFave
July 22, 2019 22
City Council Meeting Minutes
with Sherman Associates addressed the council to give additional information.
Councilmember Juenemann moved to approve the term sheet with Maplewood
Commercial, LLC for Frost English Village Phase III.
Seconded by Councilmember Neblett Ayes – All
The motion passed.
5. Resolution Adopting Preparation of Feasibility Study for Arcade-County
Road B Area Street Improvements, City Project 19-22
Public Works Director Love gave the staff report.
Councilmember Juenemann moved to approve Resolution Ordering the Preparation of a
Feasibility Study for County Road B and Arcade Street Improvements, City Project 19-22
and to utilize the services of Bolton and Menk, Inc. to complete the feasibility study.
Resolution 19-07-1722
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the County Road B and
Arcade Street, which is depicted on the attached project location map, and is hereby
called County Road B and Arcade Street Improvements, City Project 19-22 and to
assess the benefited property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and
that he is instructed to report to the City Council with all convenient speed advising the
council in a preliminary way as to whether the proposed improvement is necessary, cost
effective and feasible, and as to whether it should best be made as proposed or in
connection with some other improvement, and the estimated cost of the improvement as
recommended.
FURTHERMORE, funds in the amount of $130,000 are appropriated to prepare
this feasibility report.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 9:07 p.m.
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