HomeMy WebLinkAbout07-25-2011July 25, 2011
City Council Meeting Minutes 1
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, July 25, 2011
Council Chambers, City Hall
Meeting No. 14-11
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:14 p.m. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Will Rossbach, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
James Llanas, Councilmember Present
John Nephew, Councilmember Present
D. APPROVAL OF AGENDA
The following items were added to the agenda by councilmembers:
N1. National Night Out
N2. Tartan Ice Arena
N3. Dispatch Policy Update
Councilmember Llanas moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of July 11, 2011, City Council Workshop Minutes
Councilmember Juenemann had a correction to page 1 of workshop minutes amending the time
the meeting adjourned to 6:51 p.m.
Councilmember Nephew moved to approve the July 11, 2011, City Council Workshop Minutes as
amended.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
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City Council Meeting Minutes 2
2. Approval of July 11, 2011, City Council Meeting Minutes
Councilmember Juenemann had a correction to page 16 of the minutes amending agenda item
J2 was seconded by councilmember Juenemann not councilmember Nephew.
Councilmember Juenemann requested the following be included at the end of the motion of
agenda item J4 page 17, to Graybar Electric for a purchase price of $49,671.00.
Councilmember Nephew moved to approve the July 11, 2011, City Council Meeting Minutes as
amended.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Swearing in Ceremony for New Firefighters Ryan Bradbury, Bob Bresin, Becky
Dierich, Chris Mellen, Peter Monson and Al Pacheco – No Report
Fire Chief Lukin introduced each new firefighter and City Clerk Guilfoile administered the Oath of
Office.
2. Appointments to Commissions and Boards
i. Environmental & Natural Resources Commission
ii. Community Design Review Board
iii. Housing Redevelopment Authority
Councilmember Nephew moved to approve the resolution making the appointment to the
following: Ann Palzer, Environmental & Natural Resources Commission; Jawald Ahmed,
Community Design Review Board; and Dennis Unger, Housing Redevelopment Authority.
RESOLUTION 11-7-602
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
Hereby appoints the following individuals, who have interviewed with the Maplewood City
Council, to serve on the following commissions:
Environmental & Natural Resources Commission
Ann Palzer, Term expiring 9/30/2013
Community Design Review Board
Jawald Ahmed, Term expiring 4/30/2012
Housing Redevelopment Authority
Dennis Unger, Term expiring 9/30/2012
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
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City Council Meeting Minutes 3
G. CONSENT AGENDA
Councilmember Nephew moved to approve consent agenda items 1-6.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Nephew moved to approve the Approval of Claims.
ACCOUNTS PAYABLE:
$ 660,728.95 Checks # 84706 thru # 84739
dated 07/21/11
$ 190,779.36 Disbursements via debits to checking account
dated 06/24/11 thru 07/08/11
$ 132,333.05 Checks # 84740 thru # 84781
dated 07/29/11
$ 317,243.82 Disbursements via debits to checking account
dated 07/06/11 thru 07/15/11
$ 1,301,085.18 Total Accounts Payable
PAYROLL
$ 517,149.67 Payroll Checks and Direct Deposits dated 07/08/11
$ 2,375.01 Payroll Deduction check # 9984564 thru # 9984566 dated 07/08/11
$ 519,524.68 Total Payroll
$ 1,820,609.86 GRAND TOTAL
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
2. Approval of Developer Agreement, Cottagewood 2nd Developer, City Project 11-05
Councilmember Nephew moved to approve the Developer Agreement, Cottagewood 2nd
Developer, City Project 11-05 and corresponding maintenance agreement.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
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City Council Meeting Minutes 4
3. Approval to Accept Alcohol Compliance Check Grant
Councilmember Nephew moved to approve the Acceptance of the Alcohol Compliance Check
Grant.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
4. Conditional Use Permit Review, St. Paul Regional Water Services (McCarron’s
Treatment Plant), 1900 Rice Street
Councilmember Nephew moved to approve the Conditional Use Permit Review, St. Paul
Regional Water Services (McCarron’s Treatment Plant), 1900 Rice Street.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
5. Conditional Use Permit Review, St. Paul’s Priory Planned Unit Development, Benet
Road and Monastery Way
Councilmember Nephew moved to approve the Conditional Use Permit Review, St. Paul’s Priory
Planned Unit Development, Benet Road and Monastery Way.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
6. Approval of Driving Diversion Program Agreement
Councilmember Nephew moved to approve the Driving Diversion Program Agreement.
Seconded by Councilmember Juenemann Ayes –
The motion passed.
H. PUBLIC HEARING
1. Gladstone Area Redevelopment Improvements, Project 04-21
a. Assessment Hearing, 8:42 p.m.
b. Approve Resolution for Adoption of Assessment Roll
Mayor Rossbach opened the public hearing. The following persons spoke:
1. Mark Kiperstin, representing Rand Corporation
2. Greg Johnson, Developer for the Property
3. Mark Bradley, Maplewood
4. Bob Zick, North St. Paul
Councilmember Nephew moved to continue the public hearing to August 22, 2011.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
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City Council Meeting Minutes 5
I. UNFINISHED BUSINESS
1. Approval of Chicken Ordinance Summary Publication (Super Majority Vote)
Councilmember Koppen moved to approve the Chicken Ordinance Summary Publication.
Seconded by Councilmember Nephew Ayes – All
The motion passed.
J. NEW BUSINESS
1. Approval of Transfer of Environmental Utility Funds for July 16th Storm Clean-up
and Investigation
City Engineer Thompson presented the report and gave specifics of the report. The following
persons spoke:
1. Kevin McLafferty, Maplewood
2. Dan Haag, Maplewood
3. Diana Longrie, Maplewood
4. Betty Bryan, Maplewood
Councilmember Llanas moved to approve the Transfer of Environmental Utility Funds for July 16,
2011 Storm Clean-up and Investigation.
Seconded by Councilmember Nephew Ayes – All
The motion passed.
2. Approval of Conditional Use Permit Revision, Parking Reduction Waiver and Design
Review Former Corner Kick Soccer Center, 1357 Cope Avenue
Senior Planner Ekstrand gave the report. Planning Commissioner Al Bierbaum spoke. Matt
Ledvina from the Community Design Review Board addressed the council. Mike McGrath, owner
of the building located at 1357 Cope Avenue addressed the council.
Councilmember Nephew moved to approve the Resolution for the Conditional Use Permit
Revision, Parking Reduction Waiver and Design Review Former Corner Kick Soccer Center,
1357 Cope Avenue with the following condition added. The uses of the building shall be
restricted to those that would generate the amount of parking that is available on the site.
RESOLUTION 11-7-602B
CONDITIONAL USE PERMIT REVISION
WHEREAS, Mike McGrath requested a revision to the conditional use permit for the
former Corner Kick Soccer Center to make exterior building and site renovations because the
proposed building improvements are taking place within 350 feet of residential property.
WHEREAS, Section 44-637(b) of the city ordinances requires a conditional use permit for
any building or exterior use in the M-1 zoning district if it is within 350 feet of a residential district.
WHEREAS, this permit applies to the property at 1357 Cope Avenue legally described as:
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City Council Meeting Minutes 6
10-29-22-32-00-14
IN SECTION 10, TOWNSHIP 29, RANGE 22, EXCEPT WEST 398 FT; THE PARTS OF HWY 36
& WEST RAILROAD R/W (Bruce Vento Trail) OF THE NW ¼ OF SW 14 (SUBJECT TO ROAD)
WHEREAS, the history of this conditional use permit revision is as follows:
1. On July 5, 2011, 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 persons at the hearing a chance to speak and present written statements.
The commission also considered reports and recommendations of the city staff. The planning
commission recommended that the city council approve the conditional use permit revision.
2. On July 25, 2011, the city council discussed the proposed conditional use permit revision.
They considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit revision for the following reasons:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City’s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or
other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site’s natural and scenic
features into the development design.
9. The use would cause no more than minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped May 17, 2011. The city council shall
review any major changes proposed. Staff may approve minor changes.
2. The city council shall review this permit in one year.
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City Council Meeting Minutes 7
3. The applicant shall comply with all conditions of the city engineer, building official and fire
marshal.
4. The applicant shall revise the landscaping plan for staff approval to provide for a visual buffer
along the frontage of the property between the two driveways to block headlights from shining
into neighboring properties. This buffer shall be at least three to four feet tall.
5. Site lights and noise shall be controlled to follow the requirements of the city ordinance.
6. This permit includes a parking waiver for the applicant to provide 60 parking spaces with the
potential for 23 additional future spaces. If further spaces are needed, the applicant shall
restripe the parking lot to provide at least 15 additional spaces at the ends of the proposed
parking rows.
7. The uses of the building shall be restricted to those that would generate the amount of
parking that is available on the site.
The Maplewood City Council adopted this resolution on July 25, 2011.
Seconded by Councilmember Llanas Ayes – All
The motion passed.
The council took a 10 minute recess.
3. Approval of Conditional Use Permit, Design Review and Parking Reduction
Authorization for South Metro Human Services Mental Health Care Facility, 1111
Viking Drive
Senior Planner Ekstrand gave the staff report. Matt Ledvina from the Community Design Review
Board addressed the council. Planning Commissioner Al Bierbaum spoke. The following people
spoke:
1. Ken Frigstad, Maplewood
2. John Wycoff, Maplewood
3. Bob Zick, North St. Paul
4. Don Huot, Maplewood
5. Terry Schneider, Conditional Use Permit Applicant
6. Dick Seppala, Maplewood
7. Ken Frigstad, Maplewood – second appearance
Councilmember Llanas moved to approve the Conditional Use Permit, Design Review and
Parking Reduction Authorization for South Metro Human Services Mental Health Care Facility,
1111 Viking Drive as amended.
RESOLUTION 11-7-602A
CONDITIONAL USE PERMIT
WHEREAS, South Metro Human Services has applied for a conditional use permit to operate the
Community Foundations program, a mental health care facility with temporary housing for 16
patients.
WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for
residential programs in zoning districts where they are not specifically prohibited.
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WHEREAS, this permit applies to the property located at 1111 Viking Drive. The legal description is:
The North 55 rods of the West 32 rods of the Southeast ¼ of Section 9, Township
29, Range 22, except portions taken by the State of Minnesota for highway
purposes. Above property is subject to a cartway over and across North 16 feet,
more or less, thereof.
WHEREAS, the history of this conditional use permit is as follows:
1. On July 5, 2011, 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 report and recommendation of city
staff. The planning commission recommended that the city council approve this permit.
2. On July 25, 2011, the city council considered reports and recommendations of the
city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity
with the City's Comprehensive Plan and this Code.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause no more than minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. Staff may approve minor
changes.
2. The proposed use must be substantially started within one year of council approval or the
permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
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City Council Meeting Minutes 9
4. Before the applicant obtains a building permit, they shall sign an agreement with the city
agreeing to pay an annual assessment of $1,000 per year for ten years to defray the cost of
police calls to the facility.
5. Additional housing units cannot be added without a revision of this permit.
6. The applicant shall provide on-site staffing 24 hours a day and 365 days a year, this is to
ensure the health and safety of the residents in accordance with Minnesota Statute Section
245A.11.
7. This conditional use permit is granted based on the pertinent requirements of federal and
state laws, which are Minnesota Statute Section 245A.11 and the requirements of the FHA,
the FHAA and the ADA (the Fair Housing Act, the Fair Housing Act Amendment of 1988 and
the American’s with Disabilities Act) which all have requirements about accommodations for
people with disabilities in various ways.
The Maplewood City Council approved this resolution on July 25, 2011.
Seconded by Councilmember Nephew Ayes – All
The motion passed.
ADJOURNMENT
Mayor Rossbach adjourned the meeting at 11:35 p.m. Visitor Presentations, Administrative
Presentations and Council Presentations were not heard.