Loading...
HomeMy WebLinkAbout07-14-2008 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, July 14, 2008 Council Chambers, City Hall Meeting No. 18-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:50 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Present Present Present Present D. APPROVAL OF AGENDA Mr. Ahl requested to table item K4. Carver Crossing Development until July 28th, 2008. Councilmember Rossbach requested to strike H7. Referendums and add item H9. Garbage Hauling. Mayor Longrie requested to move items G. Administrative Presentations & H. Council Presentations to 7:15 p.m. Mayor Longrie moved to approve the aqenda as amended. Seconded by Councilmember Hjelle. Ayes - All E. APPROVAL OF MINUTES Councilmember Nephew moved to approve the June 23, 2008, 5:00 Workshop minutes as submitted. Seconded by Councilmember Hjelle. Ayes - All Abstain - Councilmember Juenemann The motion passed. Councilmember Nephew moved to Table the approval of the minutes of June 23. 2008. Citv Council MeetinQ Minutes due to questions reqardinq the motion for the Discussion of 2008 Budqet Discussion and Hirinq Delavs on paqe 17 from Councilmember Hielle and comments that were submitted to the Citv Clerk bv Mavor Lonqrie to be added to the council minutes. Approval of the June 23, 2008, Citv Council Meetinq Minutes will be added to the aqenda for Julv 28, 2008. Seconded by Councilmember Hjelle. Ayes - All The motion passed. July 14, 2008 City Council Meeting Minutes 1 Lisa Kroll, the Recording Secretary, listened to the audio of the June 23, 2008, city council meeting and inserted the additional verbage to the second motion made by Councilmember Nephew regarding Discussion of 2008 Budget and Hiring De/ays on page 17 and a/so added the comments submitted by Mayor Longrie to the City Clerk as part of the permanent record. F. VISITOR PRESENTATIONS - PART I 1. Nancy Lazaryan, 2516 Linwood, Maplewood. Ms. Lazaryan spoke regarding the City of Maplewood being served with a lawsuit between the City of Maplewood and herself. She asked who does the negotiating for the city and if the League of Minnesota Cities would be taking care of this? Mayor Longrie and City Attorney, Alan Kantrud responded. 2. Ann Fosberg, 2516 Idaho Avenue East, Maplewood. Ms. Fosberg asked if the city has to have a public hearing to legally close Sterling Street because many people use this street and don't want it closed. Mayor Longrie asked Mr. Ahl to respond to this. Mr. Ahl said he would research this and reply back to the City Council. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick mentioned Bryan Olson the cable technician quit because the control room equipment is lacking in order to record the city meetings and his concern regarding the city meetings being covered appropriately. He also spoke regarding the search firms that the city has listed which are being used to assist with the hiring process of a new city manager in Maplewood and his concerns regarding some of these firms. Councilmember Nephew recommended moving ahead to item 1.1. G. ADMINISTRATIVE PRESENTATIONS (Delayed until 7/17/08 continuation meeting) 1. Update on City Manager Search and Review of Search Calendar. (Chuck Ahl) 2. Announce Joint Meeting with Park Commission for August 4,2008,5:00 p.m. 3. Update on Graffiti Issues in Maplewood (Dave Fisher, Dave Thomalla) H. COUNCIL PRESENTATIONS (Delayed until 7/17/08 continuation meeting) 1. Report on Fire Pit Contest - Councilmember Hjelle 2. Update on Taste of Maplewood - Mayor Longrie 3. Betty Copeland Memorial - Mayor Longrie 4. Update on N.E.S.T. Meeting - Mayor Longrie 5. Beaver Lake Plat Update - Mayor Longrie 6. Business Registration - Councilmember Nephew 7. Referen9llmE: Cellnsilmemeer ReE:E:eash (Stricken by Councilmember Rossbach 7/14/08) 8. LMC Conference - Mayor Longrie 9. Garbage Hauling - Councilmember Rossbach (Added 7/14/08) I. APPOINTMENTS AND PRESENTATIONS 1. Winter Carnival Royalty a. Scott Mueller, from the 2008 St. Paul Winter Carnival Royal Family introduced the Winter Carnival Royalty and knighted City Clerk, Karen Guilfoile, Acting City Manager, Public Works Director, Chuck Ahl, Maplewood Police Chief, Dave Thomalla, and Maplewood Fire Chief, Steve Lukin. b. Marv Koppen, member of the Winter Carnival Royalty and former city councilmember spoke to the council and audience members. 2. Swearing in Ceremony for Firefighter/Paramedic Andrew Fossum. July 14, 2008 City Council Meeting Minutes 2 a. Maplewood Fire Chief, Steve Lukin gave the presentation. b. Mayor Longrie read the Oath of Office to Andrew Fossum. 3. Special Commendation for Jason Evans. a. Maplewood Fire Chief, Steve Lukin gave the presentation and presented the Certificate of Appreciation for his quick response during an apartment fire. 4. Appointment to the Environmental and Natural Resource Commission. Councilmember Nephew moved to appoint Judith Johannessen to the Environmental and Natural Resource Commission. Seconded by Councilmember Juenemann. Ayes - All The motion passed. 5. 2007 Community Development Highlights Presentation. a. Building Official, Dave Fisher read highlights of the Community Development Department from 2007. J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS 1. Dangerous Dog Ordinance (Second Reading). a. Maplewood Police Chief, Dave Thomalla reported. Mayor Longrie asked if any citizens wanted to speak regarding this item. No citizens came forward to speak. Councilmember Hjelle moved to approve the (Second Readinq) of the Danqerous Doq Ordinance. ORDINANCE 888 DANGEROUS DOG ORDINANCE ARTICLE III. DOGS* DNISION 2. 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. Pet shop means any person engaged in the business offeeding, buying, selling or boarding animals of any species. July 14, 2008 3 City Council Meeting Minutes Restraint A dog or cat is under restraint within the meaning of this Ordinance 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 ownerikeeper, 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. (Code 1982, ~ 7-16) Sec. 10-62. Rules and regulations relating to permits and humane treatment. 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 local1aws. 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. (Code 1982, ~ 7-17) 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 anyone residential site in any area of the city zoned R-l 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. (Code 1982, ~ 7-18) *State law reference---Dogs, MINN. Statutes. ch. 347. ~ 10-64 MAPLEWOOD CODE 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. (Code 1982, ~ 7-19) 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 permitto 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. (Code 1982, ~ 7-20) Sees. 10-66 10-90. Reserved. DNISION 2. PERMIT 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. (Code 1982, ~ 7-36) Sec. 10-92. Fees; issuance; current rabies vaccination certificate required. (a) Upon a showing by any applicant for a permit required underthis 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: (1) For each dog, the fee is as may be imposed, set, established and ftxed by the city council, by resolution, from time to time. (2) No fee or permit shall be required of any Humane Society or veterinary hospital. (b) 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. 2 ~ 10-92 MAPLEWOOD CODE 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. (Code 1982, ~ 7-37) Sec. 10-93. Term. The permit period under this division shall commence on January 1 of the year the permit is issued and will terminate on December 31 of the year after the permit is issued. (Code 1982, ~ 7-38; Ord. No. 832, ~ 1, 11-13-2002) 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, 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. (Code 1982, ~ 7-39) 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 year of issuance 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. (Code 1982, ~ 7-40) Sec. 10-96. Exem ptions 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. (Code 1982, ~ 7-41) Sees. 10-97 to 10-125. Reserved. 3 DNISION 3. RUNNING AT LARGE; NUISANCE Sec. 10-126. Restraint. All dogs shall be kept under restraint at all times in the city. (Code 1982, ~ 7-51) Sec. 10-127. Duty of owners. (a) No owner or custodian of any dog, whether licensed or unlicensed, shall permit 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 anytime 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 Maple wood), school grounds or public place without being effectively restrained by a chain or leash not exceeding eight (8) 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 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 a peace officer or animal control officer outside the building or premises where the dogs are being kept and which noise occurs repeatedly over 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. (Code 1982, ~ 7-52) 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 tor planned breeding. (Code 1982, ~ 7-53) 4 ~ 10-129 MAPLE WOOD CODE Sec. 10-129. Duty oftemporary 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. (Code 1982, ~ 7-54) Sec. 10-130 to 10-155. Reserved. DNISION 4. IMPOUNDMENT 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. Ifby 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. (Code 1982, ~ 7-66) 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. (Code 1982, ~ 7-67) 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. (Code 1982, ~ 7-68) Sees. 10-159 to 10-185. Reserved. 5 DNISION 5. DANGEROUS DOGS Sec. 10-186 to 10-188. Reserved. Sec. 10-189 DangerousfPotentially Dangerous Dogs. The provisions of Minnesota Statutes 347.50 through 347.56, inclusive, are hereby adopted as the potentially dangerous and dangerous dog regulations for the City of Maple wood. Where a conflict exists between the provisions of the City Code and the provisions of Minnesota Statutes Sections 347.50 through 347.56, inclusive, the provisions of the Minnesota Statutes shall apply. (a) 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. (b) Notice ofInitial 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. (c) Request for Hearing and Hearing. An owner may appeal the Initial Determination by filing a Request for Hearing with the City Manager within five (5) days of the owner's receipt of the Notice of Initial Determination. A hearing shall be held within seven (7) 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 (5) 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. (d) Seizure of Dangerous Dog. The Animal Control Authority shall immediately seize any dangerous dog if, within fourteen (14) days after the service of the Notice of Final Determination declaring a dog to be a dangerous dog: (1) The owner has not registered the dog in compliance with the provisions of Section 10-189 (g). (2) The owner does not secure the proper liability insurance pursuantto Section 10-189 (g) (1) (b). 6 ~ 10-189 MAPLEWOOD CODE (3) The dangerous dog is not maintained in a proper enclosure. (4) The dangerous dog is outside a proper enclosure and not under the physical restraint of a responsible person. (e) Reclaiming a Dangerous Dog. A 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 Section 10-189, Subd. g, have been satisfied. A dangerous dog not reclaimed under this provision within seven (7) days may be disposed of as provided in Minnesota Statutes Section 35.71, Subdivision 3, and the owner shall be liable to the Animal Control Authority for costs incurred in confining and disposing of the dangerous dog. (I) Substantial/Great Bodily Harm. Upon a Final Determination and notwithstanding the provisions of Section 10- 189, Subd. A- E, 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. (g) Dangerous Dog Restrictions, (1) Registration Required. No person may keep a dangerous dog in the City of Maplewood unless the dog is registered with the Animal Control Authority as provided in this chapter. The Animal Control Authority shall issue a certificate of registration to the owner of the dangerous dog if the owner presents the following information: (a) 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. (b) 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 $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog. (c) 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. 7 ~ 10-189 MAPLEWOOD CODE (d) 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. (e) 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. (I) 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. (h) Dangerous Dog Regulations. (1) 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. (2) 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 Maple wood, it must be registered as a dangerous dog in its new jurisdiction. (3) 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 Maple wood or of its transfer within the City of Maplewood within thirty (30) days of the death or transfer. (4) 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. (5) 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 July 14, 2008 City Council Meeting Minutes 9 the sale and provide the Animal Control Authority with the new owner's name, address, and telephone number. (6) 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. 8 ~ 10-189 MAPLEWOOD CODE 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. (7) 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. (i) Potentially Dangerous Dog Restrictions. (1) Registration Required. No person may keep a potentially dangerous dog in the City of Maplewood unless the dog is registered with the Animal Control Authority as provided in this chapter. The Animal Control Authority shall issue a Certificate of Registration to the owner of a potentially dangerous dog if the owner presents the following information: (a) 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. (b) Warning Symbol. The owner has posted a warning symbol to inform children that there is a potentially dangerous dog on the property. The Animal Control Authority shall approve the warning symbol and its location on the property. The Animal Control Authority may also require any of the following to register a potentially dangerous dog: (a) 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. (b) 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 $50,000, payable to any person injured by the potentially dangerous dog, or a policy ofliability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $50,000 insuring the owner for any personal injuries inflicted by the potentially dangerous dog. 9 ~ 10-189 MAPLEWOOD CODE (c) 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. Cj) Potentially Dangerous Dog Regulations. (1) 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. 2) 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. (3) Death/Transfer from City. The owner of any potentially dangerous dog must notifY the Animal Control Authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within thirty (30) days of the death or transfer. (4) 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. (5) 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. Sees. 10-190 - 10-215. Reserved. Seconded by Councilmember Rossbach. Ayes - All The motion passed. 2. Review of Tax Increment Financing Districts a. Presentation of Study Results by Springsted, Inc. b. Consider Resolution Calling for a Public Hearing on September 8, 2008, for the purpose of extending TI F Districts. c. Finance Director, Bob Mittet introduced the report and answered questions of the council. d. Assistant Vice President, Consultant, Mikaela Huot, Springsted, Inc., 380 Jackson Street, Suite 300, St. Paul, addressed the council, gave the report and answered questions of the council. e. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Nephew moved to approve the Tax Increment Financinq District Resolution CallinQ for a Public HearinQ on September 8, 2008, for the purpose of extendinQ TIF Districts. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD July 14, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on Monday, the 14th day of July, 2008, at 7:00 o'clock p, m. for the purpose, in part, of calling a public hearing on the City's tax increment financing districts within its municipal development district. The following Councilmembers were present. Diana Longrie, Mayor July 14, 2008 City Council Meeting Minutes 11 Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember and the following were absent: None Councilmember Nephew introduced the followinq resolution and moved its adoption: RESOLUTION 08-07 -099 CALLING FOR PUBLIC HEARING ON THE PROPOSED ADOPTION OF AMENDMENTS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1, 1-2, 1-3, 1-4, AND 1-5 WITHIN MUNICIPAL DEVELOPMENT DISTRICT NO.1 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: 1. Public HearinQ. This Council shall meet on Monday, September 8, 2008, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of (a) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4, and 1-5 within Municipal Development District No.1, for an increase in the budget of said Tax Increment Financing Districts, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act"); and (b) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2 and 1-3 within Municipal Development District No.1, for an extension of the duration of said Tax Increment Financing Districts, all pursuant to and in accordance with the Act and particularly Minnesota Statutes, Section 469.1794, as amended. 2. Notice of Hearinq; Filinq of Plan Amendments. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Amendments to the Tax Increment Financing Plans on file in the City Clerk's Office at City Hall and to make such copies available for inspection by the public. The motion for the adoption of the foregoing resolution was dulv seconded bv Councilmember Juenemann and upon vote being taken thereon, the followinq voted in favor: ALL and the followinq voted aqainst the same: NONE Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's tax increment financing districts within its municipal development district. July 14, 2008 City Council Meeting Minutes 12 City Clerk EXHIBIT A CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Maplewood, County of Ramsey, State of Minnesota, will hold a public hearing on Monday, September 8,2008, at 7:00 p.m., at the Maplewood City Hall, 1830 E. County Road B, in the City of Maplewood, Minnesota, relating to the adoption of the following: (a) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4, and 1-5 within Municipal Development District No.1, for an increase in the budget of said Tax Increment Financing Districts, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act"); and (b) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2 and 1-3 within Municipal Development District No.1, for an extension of the duration of said Tax Increment Financing Districts, all pursuant to and in accordance with the Act and particularly Minnesota Statues, Sections 469.1794, as amended. Copies of the Amendments to the Tax Increment Financing Plans as proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at City Hall. A map of Municipal Development District No.1, and Tax Increment Financing District Nos. 1,2,4,5 and 6 is set forth below: [INSERT MAP of Municipal Development District No.1, and Tax Increment Financing District Nos. 1,2, 4, 5 and 6] All interested persons may appear at the hearing and present their view orally or in writing. Dated: July 14, 2008. BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile, City Clerk Seconded by Councilmember Juenemann. Ayes - All The motion passed. 3. Cottages of Maplewood, Limited Partnership (Rekstad) - Consider Settlement of Claims for Escrow Account. a. Finance Director, Bob Mittet introduced the report and answered questions of the council. b. Acting City Manager, Chuck Ahl answered questions of the council. c. Briggs and Morgan representative, Jenny Boulton, answered questions of the council. d. City Attorney, Alan Kantrud answered questions of the council. Councilmember Juenemann moved to approve the Cottaqes of Maplewood release of the escrow with $83,100 pavable to the Citv and the balance to Cottaqes of Maplewood Limited Partnership (The Rekstads) and authorizes the ActinQ City ManaQer, Chuck Ahl to execute the documents necessary to accomplish the release. July 14, 2008 City Council Meeting Minutes 13 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE AGREEMENT ("this Agreement") is made by and among Cottages of Maplewood Limited Partnership ("Cottages"), Rekstad Resources, Inc. ("Resources") and Howard Rekstad ("Rekstad") and the City of Maplewood, Minnesota ("Maplewood"). Cottages, Resources, Rekstad and Maplewood are collectively referred to herein as "the parties." RECITALS A. WHEREAS, Maplewood and Cottages entered into a Development Agreement dated July 1, 1989 (the "Agreement"); B. WHEREAS, the Agreement included a guaranty by the Developer that if tax increments generated by Cottages' property were less than $75,726 per year, Cottages would pay the difference between actual increments and $75,726 (the "Shortfall Guaranty"); C. WHEREAS, the Shortfall Guaranty was secured by a Guaranty from Resources and Rekstad (the "Backup Guaranty"); D. WHEREAS, the Agreement and the Shortfall Guaranty were amended pursuant to the First Amendment to Development Agreement, between Maplewood and Cottages, dated February 1, 1993 (the "Amendment"); E. WHEREAS, the parties disputed the amount due and payable pursuant to the Shortfall Guaranty and Maplewood and Cottages established an escrow account for the disputed amount pursuant to an Escrow Agreement with Land Title, Inc., dated as of January 17, 2008 (the "Escrow Agreement"); F. WHEREAS, to avoid the cost of any litigation, the parties wish to settle all disputes relating to the Shortfall Guaranty and the funds escrowed pursuant to the Escrow Agreement in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, based on the recitals and mutual promises contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the parties agree as follows: 1. Settlement Pavment: Cottages shall pay Maplewood $83,100 (via a check made payable to "City of Maplewood, Minnesota") upon the parties' execution of this Agreement. 2. Release bv CottaQes. Resources and Rekstad: Cottages, Resources and Rekstad hereby release and forever discharge Maplewood, its governing body members, officers, agents, July 14, 2008 City Council Meeting Minutes 14 including the independent contractors, consultants and legal counsel, servants and employees thereof from any and all claims, causes of action, damages, attorneys' fees, costs, disbursements and interest, and any liabilities, known or unknown, liquidated or unliquidated, asserted or unasserted, fixed or contingent, direct or indirect, that may exist regarding or relating to the Shortfall Guaranty and the funds escrowed pursuant to the Escrow Agreement and any and all claims arising from or relating in any way to the subject matter referenced in the Shortfall Guaranty or the Escrow Agreement. 3. Release bv Maplewood: Maplewood hereby releases and forever discharges Cottages, Resources and Rekstad and their principals, owners, agents, attorneys, successors, parents, subsidiaries, affiliates, related entities, officers, directors, heirs, assigns and employees from any and all claims, causes of action, damages, attorneys' fees, costs, disbursements and interest, and any liabilities, known or unknown, liquidated or unliquidated, asserted or unasserted, fixed or contingent, direct or indirect, that may exist regarding or relating to the Shortfall Guaranty and the funds escrowed pursuant to the Escrow Agreement and any and all claims arising from or relating in any way to the subject matter referenced in the Shortfall Guaranty or the Escrow Agreement. 4. Covenant Not to Sue: The parties agree not to institute any lawsuit regarding any matter which has been released by this Agreement. If this covenant is violated it shall be considered a breach of this Agreement and shall entitle the nonbreaching parties to any damages caused by the breach, together with reasonable attorneys' fees and costs incurred in defending or otherwise responding to the suit or claim, but shall not invalidate the releases given herein. 5. LeQal Expenses. Costs and Attornevs' Fees for Breaches Generallv: If any party breaches this Agreement, the breaching party shall be liable for all legal expenses, costs and attorneys' fees incurred by the nonbreaching party resulting from the breach, including but not limited to the attorneys' fees, costs and expenses incurred in enforcing this Agreement. 6. AcknowledQment of UnderstandinQ and LeQal Representation: By entering into this Agreement, the parties represent that they have relied upon the advice of their respective attorneys, who are the attorneys of their own choice, concerning the legal and tax consequences of this Agreement, that the terms of this Agreement have been explained to them by their respective attorneys, and that the terms of this Agreement are fully understood and voluntarily accepted by them. July 14, 2008 City Council Meeting Minutes 15 7. AQreement Drafted Jointlv: Each party has cooperated in the drafting and preparation of this Agreement. Hence, the construction of this Agreement shall not be construed against any party on the basis that the party was the drafter. 8. Choice of Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. 9. Venue for Disputes: The parties agree that any dispute that may arise regarding this Agreement shall be resolved by commencement of an action in a state or federal court situated within the State of Minnesota. 10. The Parties' Cooperation: The parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 11. Entire AQreement: This Agreement sets forth the entire understanding between the parties with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the successors and assigns of each. This Agreement supersedes and replaces any prior agreements, whether oral or written, and any amendments or modifications of this Agreement must be in writing and executed by the parties to be effective. 12. Effective Dates and Counterparts: This Agreement shall become effective and binding immediately following execution by each of the parties set forth below. The Agreement may be executed in counterparts. Dated: July 14, 2008 CITY OF MAPLEWOOD, MINNESOTA Subscribed and sworn to before me this _ day of ,2008. By Its Mayor By Notary Public Its Manager Dated: July 14, 2008 COTTAGES OF MAPLEWOOD LIMITED July 14, 2008 City Council Meeting Minutes 16 PARTNERSHIP Subscribed and sworn to before me this By Rekstad Resources, Inc., its general _ day of ,2008. partner By Its Notary Public Dated: July 14, 2008 REKSTAD RESOURCES, INC. Subscribed and sworn to before me this By _ day of ,2008. Its Notary Public Dated: July 14, 2008 Subscribed and sworn to before me this _ day of ,2008. Howard Rekstad Notary Public Seconded by Councilmember Nephew. Ayes - Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nav - Mayor Longrie The motion passed. 4. Carver Crossing Development - a. Consider Resolution Approving Development Contract with CoPar for Settlement of Litigation and Development Plan. b. Consider Resolution Declaring Adequacy of Petition and Ordering Preparation of Report and Plans and Specifications for Phase I Improvements. Mayor Longrie moved to Tab/e the Carver Crossinq Development Discussion until Julv 28, 2008 because the development contract was not readv. Seconded by Councilmember Juenemann. Ayes - All The motion to table passed. July 14, 2008 City Council Meeting Minutes 17 Councilmember Juenemann requested a 10-minute break at 8:50 p.m. The council reconvened at 9:00 p.m. 5. Gethsemane Lutheran Church - Request for Senior Housing Project. a. Acting City Manager, Chuck Ahl introduced the item and answered questions of the council. b. Deputy Public Works Director, DuWayne Konewko gave the report and answered questions of the council. c. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if any citizens wanted to speak regarding the Temporary Lease. No citizens came forward. Councilmember Juenemann moved to approve the Temporarv Lease for 2008 use of propertv as Park. Revisinq item 1. Term of Lease revisinq verbaqe to reflect from now until the end of the year vs. on a month-to-month basis. Section 2 reqardinq rent. it should reflect sinqle payment rather than a monthly payment until the end of the year. Also. a Notice Section added qivinq Contact Information for both patties. On the siqnature paqe the City Clerk should be added to the list of siqnees. Councilmember Rossbach seconded the motion with a friendly amendment to change the following information. Revising item 1. Term of Lease revising verbage to reflect from now until the end of the year vs. on a month-to-month basis. Section 2 regarding rent, it should reflect single payment rather than a monthly payment until the end of the year. Also, a Notice Section added giving Contact I nformation for both parties. On the signature page the City Clerk should be added to the list of signees. Accepted by Councilmember Juenemann. Mayor Longrie questioned the terms of the lease agreement and asked if a representative from Gethsemane wanted to address the concern. Pastor, Richard White, Gethsemane Lutheran Church answered a question of the council regarding changing the motion. Miscellaneous discussion occurred and City Attorney, Alan Kantrud said the appropriate changes would take place regarding the concerns of the city council and the representative of Gethsemane. Seconded by Councilmember Rossbach. Ayes - All The motion passed. b. Land Use Plan Amendment from P(Park) to R3H(high density residential). (requires 4 votes) a. Senior Planner, Tom Ekstrand introduced the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. July 14, 2008 City Council Meeting Minutes 18 Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Bob Van Slyke, from Senior Housing Partners Partnering with Presbyterian Homes of Minnesota and Gethsemane Lutheran Church and School, addressed the council and answered questions of the council. 2. Ward Isackson, Principal Architect, Pope Associates, 1255 Energy Park Drive, St. Paul, addressed the council. 3. Mike Plant, Senior Hydrologist on the project answered questions of the council. 4. Robert Martin, Planning Commissioner, 2329 Londin Lane, Maplewood, gave the planning commission report. 5. John Demko, Community Design Review Board Member, gave the CDRB report. 6. Eunice Roberts, 1448 Beaver Creek Parkway, Maplewood spoke in favor of the development. 7. Pastor, Richard White, at Gethsemane Lutheran Church addressed the council. 8. Doug Angrew, 7501 - 25th Street North, Oakdale, spoke in favor of the development. 9. JoAnn Levour, speaking on behalf of her parents who will live at Rosewood Estates spoke in favor of the development. 10. Rick Thisen, 1147 Mary Place South Maplewood spoke in favor of the development. 11. Marion Ness, Oakdale Resident, spoke in favor of the development. 12. Sil Booth, 515 Sterling Street South, Maplewood spoke in favor of the development. 13. Lynn Wiegert, 2939 Mary Street, Maplewood spoke in favor of the development. 14. Barb Gurney, 436 Brooks Avenue, Roseville spoke in favor of the development. Councilmember Rossbach moved to approve the Land Use Plan Amendment from P(Park) to R3H(hiQh densitv residential). (requires 4 votes) July 14, 2008 City Council Meeting Minutes 19 RESOLUTION 08-07 -100 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota have applied for a change to the City of Maplewood's land use plan from P (park) to R3H (high density residential) for a proposed 111-unit senior-housing development. WHEREAS, this change applies to the property located south of Gethsemane Lutheran Church, 2410 Stillwater Road. The legal description is: Lot 1, Block 1, Gethsemane Addition WHEREAS, the history of this change is as follows: 1. On June 3, 2008, 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 land use plan change. 2. On July 14, 2008, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above described change for the following reasons: 1. Development with the proposed senior housing project would promote economic development that will expand the property tax base, increase jobs and provide desirable services. 2. The proposed development would provide a wider range of housing types in this neighborhood. 3. The proposed development would be a similar type of use to the apartments across Stillwater Road and would also provide a transitional, buffer use between those abutting apartments and the single family homes to the south and east. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Council passed this resolution on July 14, 2008. Seconded by Councilmember Juenemann. Ayes - All The motion passed. Councilmember Juenemann moved to approve the Conditional Use Permit (CUP) for a Planned Unit Development (PUD). RESOLUTION 08-07 -101 CONDITIONAL USE PERMIT RESOLUTION July 14, 2008 City Council Meeting Minutes 20 WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota applied for a conditional use permit for a planned unit development to build a 111-unit senior-housing development. WHEREAS, this permit applies to the property located south of Gethsemane Lutheran Church at 2410 Stillwater Road. The legal description is: Lot 1, Block 1, Gethsemane Addition WHEREAS, the history of this conditional use permit is as follows: 1. On June 3, 2008, 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 June 25, 2008, the housing and redevelopment authority (HRA) reviewed this request and the recommendation of staff. The HRA recommended that the city council approve this permit. 3. On July 14, 2008, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed 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 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 approved site plan. The planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or July 14, 2008 City Council Meeting Minutes 21 the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The proposed senior housing development shall remain for use as senior housing unless the city council approves a change in use. 5. The ownerloperator of the senior housing development shall obtain a cross easement from Gethsemane Lutheran Church for access and overflow parking before the city will issue a building permit for this development. 6. Compliance with the city's engineering report by Steve Kummer dated February 13, 2008. 7. The applicant shall post Bartelmy Lane to restrict truck, trash hauling and delivery access and that the city engineer shall explore the closure of Bartelmy Lane from Stillwater Road to Brand Avenue. The Maplewood City Council passed this resolution on July 14, 2008. Seconded by Councilmember Hjelle. Ayes - All The motion passed. Councilmember Nephew moved to approve a parkinq waiver to provide 114 fewer parkinq spaces than are required bv ordinance. The applicant shall provide 61 qaraqe spaces and 47 surface parkinq spaces. This parkinq waiver is subiect to the followinq conditions: 1. The owners of Gethsemane Senior Housing shall get an access and parking easement from Gethsemane Church to use their parking lot as overflow parking. This written agreement shall be provided prior to the issuance of a building permit. 2. All parking areas shall comply with the dimensional requirements for parking lots that are required by ordinance. Seconded by Councilmember Rossbach. Ayes - All The motion passed. Councilmember Rossbach moved to approve the Preliminarv and Final Plat subiect to Compliance with the conditions of the citv's enqineerinq report bv Steve Kummer dated Februarv 13, 2008, on paQe 11 of the staff report for item K5. July 14, 2008 City Council Meeting Minutes 22 E. Approve the elate-stamped February 1 2008, for the C~e1l1semane Housing located of Gethsemane Lutheran 0 Rom!. Approval IS on the findings for approval required ordinance and subject to the developer doing the following: 'I. Repeat tllis review in two years If tile applicant has obtained a time, After lINO years be repeated, permit by 2. the zOlllng before the city will Issue a building permit These approvals are: a comprehensive land use amendment from P R3H density residential) a use permit for a planned unit development a Waiver a final plat The applicant comply with the requirements in tl18 city engineering report by Steve Kummer dated February I 2008. 4, The of the housing C~ethsellmne Lutheran issue a building permit for shall obtain a cross easement from access and ovelilow before the city cjevelopment. The developer kept witllin tile garage retaining wall if they trash and If tlley are if they not propel.ly concealed by the be kept outside the garage Before obtaining a the in the amoLlnt 1 :':,0 percent of the cost of site improvements This irrevocable letter of credit an irrevocable letter of other . T'le letter of credit must clearly Indicate that it IS an letter of In the name of the of MapleviOocl, payable on cemallli, to assure cO'Tlpliance With the terms of the agreement . T1e letter of credit must allow partial withdrawals as needed to guarantee pmject payments covered linGer the terms of the letter credit . T'le letter of credit Incllcatlng automatic to Its eXplratloll. be for a one- c!uration nust have a condition With notification ~o the City a mllllmum of 60 days 1 All parking and clrive meas shall have colltillllOUS concrete cclrbing 8. The applicant shatllllstallln-ground lawn as requlrec! ordlllallce. Post Bartelmy Lalle for "No Truck, ap:xoval of tile city en91neer Hauling or Access," subject to 10, any necessary the Rarnsey Washington tile Minnesota Department of District. and July 14, 2008 City Council Meeting Minutes 23 11. The I comply applicable Tills will require provide a to eV81uate the noise level genemted tmffic on Stillwater R08d to determine what, If any. Illeasures are required for the living '12. All shall follow the approved The city planner may approve minor Seconded by Councilmember Nephew. Ayes - All Mayor Longrie made a friendly amendment to include the recommendations on page 11 of the staff report (item K5.) The friendly amendment was accepted by the motioners. The motion passed. Councilmember Rossbach moved to approve the plans date-stamped Februarv 1, 2008, for the Gethsemane Senior Housinq proiecl. located south of Gethsemane Lutheran Church, 2410 Stillwater Road. Approval is based on the findinqs for approval required bv ordinance and subiect to the developer doinQ the followinQ: 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Obtain the requested zoning approvals before the city will issue a building permit. These approvals are: a comprehensive land use plan amendment from P(park) to R3H 9high density residential), a conditional use permit for a planned unit development, a parking waiver and a final plat. 3. The applicant shall comply with the requirements in the city engineering report by Steve Kummer dated February 13, 2008. 4. The developer of the housing facility shall obtain a cross easement from Gethsemane Lutheran Church for access and overflow parking before the city will issue a building permit for this development. 5. The developer shall provide a trash enclosure for trash and recyclables if they are not kept within the garage and if they would not be properly concealed by the retaining wall if they would be kept outside the garage. 6. Before obtaining a building permit, the applicant shall provide an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. This irrevocable letter of credit shall include the following provisions: . The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer's agreement. . The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. July 14, 2008 City Council Meeting Minutes 24 . The letter of credit shall be for a one-year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. 7. All parking and drive areas shall have continuous concrete curbing. 8. The applicant shall install in-ground lawn irrigation as required by city ordinance. 9. Post Bartelmy Lane for "No Truck, Trash Hauling or Delivery Access," subject to the approval of the city engineer. 10. Obtain any necessary permits from the Minnesota Department of Transportation and the Ramsey Washington Metro Watershed District. 11. The applicant shall comply with applicable noise-mitigation requirements. This will require the applicant to provide a noise study to evaluate the noise level generated by traffic on Stillwater Road to determine what, if any, mitigation measures are required for the proposed living units. 12. All work shall follow the approved plans. The city planner may approve minor changes. Seconded by Councilmember Nephew. Ayes - All The motion passed. Councilmember Rossbach moved to approve Extendinq the date for the Public Hearinq for Tax Increment Financinq (TIF) to Auqust 25,2008. Seconded by Councilmember Juenemann. Ayes - All The motion passed. Councilmember Nephew moved to continue the remainder of the council meetinq until Thursdav. Julv 17. 2008. at 5:00 p.m. Seconded by Mayor Longrie. Ayes - Mayor Longrie, Councilmembers Hjelle, Nephew and Rossbach Nav - Councilmember Juenemann The motion passed. July 14, 2008 City Council Meeting Minutes 25