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HomeMy WebLinkAbout06-09-2014 City Council Meeting MinutesJune 9, 2014 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, June 9, 2014 Council Chambers, City Hall Meeting No. 10-14 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:01 p.m. by Mayor Slawik. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA M1 Dispatch Policy Committee M2 Update on Design Review Board & Parks M3 Event at Old Country Buffet M4 Update on Kohls M5 Open House at Library for Rush Line Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of May 12, 2014 City Council Workshop Minutes Councilmember Juenemann moved to approve the May 12, 2014 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of May 12, 2014 City Council Meeting Minutes Councilmember Cardinal moved to approve the May 12, 2014 City Council Meeting Minutes as submitted. June 9, 2014 City Council Meeting Minutes 2 Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval of May 20, 2014 Special City Council Meeting Minutes Councilmember Cardinal moved to approve the May 20, 2014 Special City Council Meeting Minutes as amended/submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Human Rights Commission Appointment Mayor Slawik reported that the council approved the appointment of Annastacia Belladonna-Carrera to the Human Rights Commission. G. CONSENT AGENDA Councilmember Abrams requested further information for agenda items G7, G8 and G9. Councilmember Cardinal requested agenda item G12 be highlighted. Councilmember Juenemann requested agenda item G10 be highlighted. Councilmember Juenemann moved to approve agenda items G1-G13. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $462,256.89 Checks #92484 thru # 92533 dated 05/13/2014 thru 05/5/2014 $278,355.61 Disbursements via debits to checking account dated 05/05/2014 thru 05/09/2014. $1,607,505.05 Checks # 92534 thru #92568 dated 05/20/2014 $387,042.86 Disbursements via debits to checking account dated 05/12/14 thru 05/16/14 June 9, 2014 City Council Meeting Minutes 3 $325,761.31 Checks #92571 thru #92605 dated 05/16/14 thru 05/27/14 $256,986.14 Disbursements via debits to checking account dated 05/19/14 thru 05/23/14 $477,943.42 Checks # 92606 thru # 92655 dated 05/29/14 thru 06/03/14 $415,926.57 Disbursements via debits to checking account dated 05/27/14 thru 05/30/14 $4,211,777.85 Total Accounts Payable PAYROLL: $540,397.52 Payroll Checks and Direct Deposits dated 05/09/2014 $1,104.95 Payroll Deduction check # 9990000 thru # 9990002 dated 05/09/2014 $515,635.41 Payroll Checks and Direct Deposits dated 05/23/2014 $961.71 Payroll Deduction check # 9990018 thru # 9990021 dated 05/23/2014 $1,058,099.59 Total Payroll $5,269,877.44 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of a Fee Waiver for a Temporary Food Sales Permit for Maplewood Athletic Association Councilmember Juenemann moved to approve to waive the $110.00 fee associated with the Temporary Food Sales permit for the Maplewood Athletic Association used for their event on Saturday, May 17 and Sunday, May 18, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of a Fee Waiver for a Temporary Food Sales Permit for North East Soccer Association Councilmember Juenemann moved to approve to waive the $165.00 fee associated with the Temporary Food Sales permit for the North East Soccer Association used for their event on Friday, June 6 through Monday, June 9, 2014. June 9, 2014 City Council Meeting Minutes 4 Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of Temporary Lawful Gambling Permits for Ramsey Nursing Home Foundation, 2000 White Bear Avenue Councilmember Juenemann moved to approve the Temporary Lawful Gambling Permits for Ramsey County Nursing Home Foundation, 2000 White Bear Avenue to be used for the Care Center’s 2014 Bingo Nights on July 14, August 14, September 15 and October 14. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval Authorizing Construction of Code Compliant Entrance at 1902 City Building (Parks and Recreation Entrance) Councilmember Juenemann moved to approve the City Engineer to enter into a contract for services with Goodmanson Construction for the construction of a code compliant Parks and Recreation Department entrance at the 1902 Building in the amount of $23,866.00. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of Purchase of Tandem Axle Plow Truck Councilmember Juenemann moved to approve the purchase of the tandem axel plow truck and enter into contracts with the Nuss Truck & Equipment for a 2015 Mack GU813 chassis, MN State Contract # 77950; and Towmaster Truck Equipment for a 2015 Dump Body, Plow and Equipment, MN State Contract # 61353 in the amount of $221,556.93. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, South Fire Station Improvements, City Project 12-14 Fire Chief Lukin gave the staff report. Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, for the South Fire Station Improvements, City Project 12-14. Resolution 14-6-1070 June 9, 2014 City Council Meeting Minutes 5 Directing Modification of Existing Construction Contract Project 12-14, Change Order No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 12-14, Fire Station 1 (South Fire Station) Improvements, and has let a construction contract pursuant to Minnesota Statutes, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 12-14, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $47,554.00. The revised contract amount is $3,676,554.00. Adopted by the Maplewood City Council on this 9th day of June 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 6, TH 36/English Street Interchange Improvements, City Project 09-08 Public Works Director/City Engineer Thompson gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 6, TH 36/English Street Interchange Improvements, City Project 09-08. Resolution 14-6-1071 Directing Modification of Existing Construction Contract Project 09-08, Change Order No.6 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-08, Highway 36/English Street Interchange Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 09-08, Change Order No. 6 and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: June 9, 2014 City Council Meeting Minutes 6 1. The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 6 which is an increase of $131,659.89. The revised contract amount is $19,133,047.71 Adopted by the Maplewood City Council on this 9th day of June 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 2 with Jorgenson Construction, Police Department Expansion Project – Phase 3 IT Director Fowlds gave the staff report. Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, for the Police Department Expansion Project – Phase 3. Resolution 14-6-1072 Directing Modification of Existing Construction Contract Police Department Expansion Project – Phase 3, Change Order No. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 3, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 3, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $17,741.00. The revised contract amount is $2,242,031.00. Adopted by the Maplewood City Council on this 9th day of June 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 10. Approval of Contribution for Sponsorship of District 622 Educational Foundation’s STAARS Banquet Councilmember Koppen gave the report. Councilmember Juenemann gave additional June 9, 2014 City Council Meeting Minutes 7 information. Councilmember Juenemann moved to approve the $475 contribution to the District 622 Education Foundation. Seconded by Councilmember Koppen Ayes – All The motion passed. 11. Approval of Resolution Authorizing Purchase of Insurance Agent Services Councilmember Juenemann moved to approve the Resolution to retain Arthur J. Gallagher and Company as insurance agent for the City of Maplewood at a cost of $12,000. Resolution 14-6-1073 BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the broker of record and insurance agent at a cost of $12,000 for the insurance year starting July 1, 2014 and continuing through June 30, 2015. Seconded by Councilmember Koppen Ayes – All The motion passed. 12. Approval of Resolution to Adopt State Performance Measures Councilmember Juenemann moved to approve the Resolution to Adopt State Performance Measures. Resolution 14-6-1074 Resolution Adopting State Performance Measures WHEREAS, the Minnesota Legislature created a Council on Local Results and Innovation; and WHEREAS, participation in the program may assist the City of Maplewood in improving service delivery and enhancing communication with residents; BE IT RESOLVED THAT the City does hereby adopt and will implement the minimum 10 performance measures developed by the Council on Local Results and Innovation; the City has implemented a local performance measurement system; the City will survey its residents by the end of the calendar year on the services included in the performance benchmarks; the City will report the results of the 10 adopted measure to its residents before the end of the calendar year through publication, posting on the entity’s website, or through a June 9, 2014 City Council Meeting Minutes 8 public hearing at which the budget and levy will be discussed and public input allowed. Seconded by Councilmember Koppen Ayes – All The motion passed. 13. Approval of Joint Powers Agreement Between the Saint Paul Police Department and the Maplewood Police Department for Reimbursement of Expenses Associated With the Gerald D. Vick Human Trafficking Task Force Councilmember Juenemann moved to approve the Joint Powers Agreement Between the Saint Paul Police Department and the Maplewood Police Department for Reimbursement of Expenses Associated with the Gerald D. Vick Human Trafficking Task Force. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS 1. Approval of Warehousing in Business Commercial Districts by Conditional Use Permit Ordinance—First Reading City Planner Martin gave the staff report and answered questions of the council. Interim City Manager Coleman answered additional questions of the council. Christopher Bohlman from Amerco Real Estate Company addressed the council to give additional information and answer questions. Planning Commissioner Trippler addressed the council and gave the report from the Planning Commission. Councilmember Koppen moved to approve the Resolution Amending Section 44-512(4) to allow warehousing in BC (Business Commercial) districts by Conditional Use Permit. Seconded by Councilmember Cardinal Ayes – All The motion passed. J. NEW BUSINESS 1. Letter of Intent to Purchase Fire Station No. 1 (East County Line) a. Intent to Close Meeting (§13D.05 subd.3c) Jeff Meyer and Jeff Turnbolt, co-founders of LCS Lawn Services addressed the council and reported on their business and their desire to purchase the Fire Station. June 9, 2014 City Council Meeting Minutes 9 Councilmember Juenemann moved to close the meeting for the purpose of discussing the letter of intent to purchase Fire Station No. 1 (East County Line) as permitted by State Statute 13D.05 subd.3c. Seconded by Councilmember Koppen Ayes – All Councilmember Juenemann withdrew the motion. Councilmember Cardinal moved to move this item to the end of the agenda after Council Presentations. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Preliminary Approval for Issuance of Bonds Terri Heaton from Springsted addressed the council to gave the report and answered questions. Councilmember Juenemann moved to approve the Resolutions Providing Preliminary Approval for the Sale of $7,905,000 General Obligation Bonds, Series 2014A and General Obligation Tax Abatement Refunding Bonds, Series 2014B. Resolution 14-6-1075 Resolution Providing for the Competitive Negotiated Sale of $7,905,000 General Obligation Bonds, Series 2014A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $7,905,000,000 General Obligation Bonds, Series 2014A (the "Bonds") to (i) various street improvement projects; (ii) the construction of a new fire station located in the City, including the related infrastructure; (iii) the purchase of capital equipment; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. June 9, 2014 City Council Meeting Minutes 10 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Resolution 14-6-1076 Resolution Providing for the Competitive Negotiated Sale of $1,290,000 General Obligation Tax Abatement Refunding Bonds, Series 2014B C. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $1,290,000 General Obligation Tax Abatement Refunding Bonds, Series 2014B (the "Bonds") to refund in full the August 1, 2016 through August 1, 2020 maturities of the City’s General Obligation Tax Abatement Bonds, Series 2004C, dated August 1, 2004; and D. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of Home Occupation License for Just Rita’s, a Hair Salon Located at 2139 Edgerton Street June 9, 2014 City Council Meeting Minutes 11 City Planner Martin gave the staff report. Planning Commissioner Trippler addressed the council to give the report from the Planning Commission. Applicant Rita Johnson addressed the council to give additional information and answer questions of the council. Councilmember Koppen moved to approve a Home Occupation License for Just Rita’s, a hair salon to be operated from 2139 Edgerton Street by Rita Johnson. Approval is subject to the following conditions: 1. The applicant shall always comply with the requirements of the Home Occupation License requirements of the city ordinances. 2. The applicant shall obtain building permits for work she may do on her house for this home occupation, for example, building, plumbing, electrical or mechanical work. 3. The city council may review this approval, as needed, if there are any complaints received due to neighborhood impact. 4. The applicant may install one home-occupation sign up to two-square feet in area (code requirement). Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Approval of Design Plans and a Parking Reduction Authorization for the Mudslinger’s Coffee Kiosk at Bachmann’s, 2600 White Bear Avenue City Planner Martin gave the staff report and answered questions of the council. Applicant Van Harvieus addressed the council to give additional information and answer questions. Public Works Director/City Engineer Thompson answered additional questions of the council. Councilmember Juenemann moved to approve the plans date-stamped May 19, 2014 for the proposed Mudslingers’ drive-up coffee kiosk in the Bachman’s northerly parking lot located at 2600 White Bear Avenue. This approval allows a parking reduction of 10 parking spaces since the site has an abundance of parking available and they have not experienced any parking shortages. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall comply with all conditions of the building official, assistant fire chief, health officer and engineering department. 3. The applicant shall choose a single material for the wainscot on the building and submit that choice to staff for approval. 4. The final color selection shall be submitted to staff for approval. The applicant shall consider colors that complement those of the Bachman’s building. June 9, 2014 City Council Meeting Minutes 12 Seconded by Councilmember Cardinal Ayes – All The motion passed. 5. Approval of a Conditional Use Permit for Used-Car Sales at the Maplewood Office Park, 1705 Cope Avenue City Planner Martin gave the staff report and answered questions of the council. Planning Commissioner Trippler addressed the council to give the Planning Commission report. Applicant Dennis Newcomb addressed the council to give additional information and answer questions of the council. Councilmember Koppen moved to approve to approve the conditional use permit resolution to allow a used-car sales business located at 1705 Cope Avenue. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped April 14, 2014 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 after review and good-cause is shown. 3. The city council shall review this permit in one year. 4. The property owner shall prepare the site in the following manner to accommodate the added attention and traffic to the area (completed no later than 180 days from approval unless otherwise noted): • Remove brush/debris pile along the west side of the property. • Remove all unapproved signs immediately. • Install a trash enclosure with a closeable (100 percent opaque) gate. • Restore existing “Maplewood Office Park” signage to visually presentable condition. 5. New signs, if not in compliance with the comprehensive sign plan, shall be submitted to the community design review board as an amendment to the current sign plan. This approval must be obtained prior to the installation of any signs that do not comply with the current sign criteria. 6. No use of attention-getting advertising devices including, but not limited to: banners, flags, stingers, streamers or similar (unless they are allowed by the city’s sign ordinance). 7. A maximum of ten cars for sale at any one time. 8. All vehicles and the site shall always be kept in neat, clean and orderly condition. June 9, 2014 City Council Meeting Minutes 13 9. The allowed hours of operation shall be as follows: Monday through Friday from 10 a.m. to seven p.m.; Saturdays from 10 a.m. to six p.m. and Sundays closed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Approval of the Following Requests for a Holiday Station Store, 1285 Cope Avenue East a. Approval of a Resolution for a Conditional Use Permit Revision to Allow a Motor Fuel Station to be Open 24 hours a Day and to Have a Reduced Proximity to a Residential District b. Approval of a Resolution for Building and Parking Lot Setback Variances c. Approval of Design Plans City Planner Martin gave the staff report and answered questions of the council. Planning Commissioner Trippler gave the Planning Commission report. Applicant Stephen Lins of Linn Companies addressed the council to give additional information and answer questions of the council. Public Works Director Thompson answered additional questions of the council. The following people spoke: 1. Ann Cleland, Maplewood Resident 2. Roger Franz, Maplewood Resident 3. Bob Zick, North St. Paul Resident Councilmember Cardinal moved to approve: 1. Adopt the resolution approving a conditional use permit revision for a major motor fuel station to be located at 1285 Cope Avenue. This CUP allows the Holiday Station Store to be open 24 hours a day and to be constructed closer than 350 feet to a residential district. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): a. Adherence to the site plan, dated May 27, 1988 date-stamped April 25, 2014, unless a change is approved by the City's Community Design Review Board City Council. Staff may approve minor changes. b. The right-turn lane proposed along English Street shall be subject to the City Engineer's and MnDOT’s approval. c. The applicant shall restripe repair any damage to the sidewalk and curbs along English Street and Cope Avenue, and widen it if necessary, to provide a left-turn lane for west-bound Highway 36, subject to the MnDOT’s and the City Engineer's approval. June 9, 2014 City Council Meeting Minutes 14 d. The landscape plan shall be revised for Community Design Review Board staff’s approval showing: 1) On-site berming along Cope Avenue arid English Street. These berms shall be four feet tall. 2) A thick screen of evergreen plantings shall be provided, maintained and replaced when necessary on top of the berms to block headlight glare, to meet the requirements of Section 36-27 of the City code. 3) Trees shall also be planted on top of the berms. • The addition of landscaping along the English Street and Highway 36 sides of the site. Also, the applicant shall move the three Colorado Blue Spruce that were proposed on the south side of Cope Avenue onto the site. The landscaping plan shall also meet or exceed tree- replacement requirements. The site shall have in-ground irrigation provided. The revised landscaping plan shall be further developed to provide landscaping screening on the south and southeast sides of the site. e. Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. f. The upper floor uses, facing Cope Avenue, shall not be open between the hours of 10:00 P.M. and 7:00 A.M. The fuel station, convenience store and car wash are allowed to be open 24 hours a day. Intercom use may be limited by the city if there are complaints about volume and late night use. g. There shall be no temporary or permanent outside storage or sales, except fuel Outdoor storage and sales are allowed along the south and west building elevations and under the gas canopy. Outdoor storage and sales are not allowed anywhere else on site. h. 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. i. The city council shall review this permit in one year. 2. Adopt the resolution approving the following setback variances for the proposed Holiday Station Store building and parking lot: a ten-foot building setback variance from the north property line (code requires 30 feet and 20 feet is proposed) and ten- foot parking lot setback variances for the parking lot from the north and east property lines (code requires 15 feet and five feet is proposed). These variance approvals are based on the following findings: a. The proposed use would be in harmony with the general purposes and intent of the zoning ordinance since the wide boulevards on the north and east would provide substantial building and parking lot setbacks on those sides. June 9, 2014 City Council Meeting Minutes 15 b. The proposed commercial use is consistent with the commercial classification of the Maplewood Comprehensive Plan. c. The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city’s major motor fuel station setback requirements. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance will not alter the essential character of the locality. 3. Approve the plans date-stamped April 25, 2014, for the Holiday Station Store to be located at 1285 Cope Avenue East. Approval is subject to the applicant doing the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: • A revised landscaping plan showing landscaping along the English Street and Highway 36 sides of the site. Also, the applicant shall move the three Colorado Blue Spruce that were proposed on the south side of Cope Avenue onto the site. The landscaping plan shall also meet or exceed tree- replacement requirements. The site shall have in-ground irrigation provided. The earth berms along the Cope Avenue frontage shall be at least three feet tall. • A revised site plan providing for all customer parking spaces to be 10 feet wide. There must be a total of 35 parking spaces. Parking spaces designated for employees may be nine feet wide and shall be signed as such. Handicap-accessible parking spaces shall comply with ADA, American’s With Disabilities Act requirements. • A revised building elevation plan indicating that only the north and east sides of the building and the northerly, highway-frontage freestanding sign, shall have the blue LED accent light bands applied. All lighting fixtures on the under-side of the fuel island canopy shall be recessed so their lenses do not drop beneath the bottom of the canopy. The blue awnings proposed on the building shall also be applied to the windows on the north elevation. • A revised photometric plan which meets all city lighting requirements. • An irrevocable letter of credit or cash escrow for all required landscaping. The amount shall be 150 percent of the cost of the work. The city shall hold this escrow until it has been shown that the landscaping has survived one full growing season. • A plan to either paint roof-top mechanical equipment or to possibly screen it, as code requires, from nearby homes. June 9, 2014 City Council Meeting Minutes 16 c. Signage on the property is not part of the design review approval. The applicant shall apply for sign permits to be reviewed by staff. d. Comply with all requirements of the engineering report dated May 5, 2014. e. All work shall follow the approved plans and these conditions. Staff may approve minor changes. Resolution 14-6-1077 Conditional Use Permit Revision Resolution WHEREAS, Stephen Linn, representing Linn Companies, applied for a conditional use permit revision to build a new motor fuel station, convenience store and car wash building. WHEREAS, this conditional use permit would allow the following: a. To be open 24 hours-a-day. Code requires motor fuel stations to be closed between 11 p.m. and 6 a.m. if the station is closer than 350 feet to a residential district. b. To have any structure in a M1 district that is closer than 350 feet to a residential district. c. To have any part of a major motor fuel station closer than 350 feet to a residential district. WHEREAS, this permit applies to the property at 1285 Cope Avenue East. The property identification numbers for this property are: 09-29-22-41-0029 and 09-29-22-41-0007 WHEREAS, the history of this conditional use permit revision is as follows: 1. The planning commission held a public hearing on May 20, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission considered the reports and recommendations from the city staff. The planning commission recommended that the city council approve this conditional use permit revision. 2. On June 9, 2014, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council approved this 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. June 9, 2014 City Council Meeting Minutes 17 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 (additions underlined, deletions crossed out): 1. Adherence to the site plan, date-stamped April 25, 2014, unless a change is approved by the City Council. Staff may approve minor changes. 2. The right-turn lane proposed along English Street shall be subject to the City Engineer's and MnDOT’s approval. 3. The applicant shall repair any damage to the sidewalk and curbs along English Street and Cope Avenue, subject to the MnDOT’s and the City Engineer's approval. 4. The landscape plan shall be revised for staff’s approval showing: • The addition of landscaping along the English Street and Highway 36 sides of the site. Also, the applicant shall move the three Colorado Blue Spruce that were proposed on the south side of Cope Avenue onto the site. The landscaping plan shall also meet or exceed tree-replacement requirements. The site shall have in-ground irrigation provided. The revised landscaping plan shall be further developed to provide landscaping screening on the south and southeast sides of the site. 5. There shall be no vehicle repair or maintenance. June 9, 2014 City Council Meeting Minutes 18 6. The fuel station, convenience store and car wash are allowed to be open 24 hours a day. Intercom use may be limited by the city if there are complaints about volume and late night use. 7. Outdoor storage and sales are allowed along the south and west building elevations and under the gas canopy. Outdoor storage and sales are not allowed anywhere else on site. 8. 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. 9. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on June 9, 2014. Resolution 14-6-1078 Variance Resolution WHEREAS, Stephen Linn, representing Linn Companies, applied for the following variances as part of his request to build a new Holiday Station Store: • A 10-foot building setback variance for the proposed car wash to be placed 20 feet from the north lot line, and • two 10-foot parking lot setback variances on the north and east sides of the site in order to have a five-foot setback from the Highway 36 and English Street rights-of-way. WHEREAS, these variances apply to the property at 1285 Cope Avenue East. The property identification numbers for this property are: 09-29-22-41-0029 and 09-29-22-41-0007 WHEREAS, Section 44-20(6)(a) requires that buildings be setback 30 feet from street right-of-way, and Section 44-20(5)(a) requires that parking lots be set back 15 feet from street right-of-way. WHEREAS, the applicant is proposing that their building have a 20 foot setback from the Highway 36 right-of way and the parking lot have a five-foot setback from the Highway 36 and English Street rights-of-way. WHEREAS, this requires variances of 10 feet for the building and 10 feet for the parking lot on two sides. WHEREAS, the history of this variance is as follows: 1. The planning commission held a public hearing on May 20, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council June 9, 2014 City Council Meeting Minutes 19 also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve these variances. 2. On June 9, 2014 the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described variances since: 1. The proposed use would be in harmony with the general purposes and intent of the zoning ordinance since the wide boulevards on the north and east would provide substantial building and parking lot setbacks on those sides. 2. The proposed commercial use is consistent with the commercial classification of the Maplewood Comprehensive Plan. 3. The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city’s major motor fuel station setback requirements. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance will not alter the essential character of the locality. The Maplewood City Council approved this resolution on June 9, 2014. Seconded by Mayor Slawik Ayes – Mayor Slawik, Council Member Abrams, Cardinal and Juenemann Nays – Councilmember Koppen The motion passed. Interim City Manager gave additional information and answered questions of the council. City Planner Martin and Public Works Director/City Engineer Thompson gave additional information and answered questions of the council. City Attorney Kantrud answered additional questions of the council. Councilmember Juenemann moved to bring back the review of the conditional use permit and all of the conditions of that permit to make sure they have been incorporated into the business at this location and that it’s functioning as they promised. Seconded by Councilmember Cardinal Ayes – All The motion passed. 7. Gladstone Improvements Phase 2, City Project 14-01, Resolution Accepting Feasibility Study and Authorizing Preparation of Plans and Specifications Public Works Director/City Engineer Thompson gave the staff report and answered questions of the council. June 9, 2014 City Council Meeting Minutes 20 Councilmember Koppen moved to approve the Resolution to Accept the Feasibility Study and Authorizing Preparation of Plans and Specifications for the Gladstone Improvements Phase 2, City Project 14-01. Resolution 14-6-1079 Accepting Feasibility Study and Authorizing Preparation of Plans and Specifications WHEREAS, pursuant to approval of the council on May 12, 2014, a feasibility report has been prepared by Kimley-Horn and Associates, Inc., with reference to the improvement of Gladstone Phase 2 Improvements, City Project 14-01, and this report was received by the council on or before June 9, 2014, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Council accepts the Gladstone Phase 2 Improvements, City Project 14- 01 in accordance with the feasibility study for which the improvement has an estimated total cost of $3,425,000. 2. Such improvement is hereby ordered as proposed. 3. Kimley-Horn and Associates, Inc., is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. The city manager and city engineer are hereby authorized to sign the final design services contract proposal with Kimley-Horn and Associates, Inc. 4. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $3,425,000 shall be established. The proposed financing plan is as follows: Funding Source Amount Metropolitan Council Grant (LCDA) $ 900,000 Sanitary Sewer Fund $ 60,800 Environmental Utility Fund $ 285,000 Park Development Fund $ 130,000 Street Light Utility Fund $ 561,000 Other City Funds $1,488,200 Total $3,425,000 Approved this 9th day of June 2014. Seconded by Councilmember Juenemann Ayes – All The motion passed. June 9, 2014 City Council Meeting Minutes 21 8. Approval of Resolution In Support of Integrative Youth Development Programming Police Chief Schnell gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the resolution in support of Integrative Youth Development Programming – Maplewood’s “Rule of 5.” Resolution 14-6-1080 In Support of Integrative Youth Development Programming Maplewood’s “Rule of 5” WHEREAS, Ramsey County officials have studied current and near term future conditions showing a high number of areas of concentrated financial poverty will not only create challenges for the people living within them, but will create an even bigger divide impacting economic growth and community connectivity, and WHEREAS, the City of Maplewood is the largest, first ring suburban Ramsey County community with a number of areas of concentrated financial poverty; and WHEREAS, it has been determined that without focused attention on neighborhood resiliency and increasing the web of opportunity within neighborhoods, national research and case studies suggest that concentrated areas of financial poverty are likely to remain, intensify, and even spread; and WHEREAS, data shows that “as early as elementary school, students living in concentrated poverty underperformed on standardized tests when compared with students in their larger metro region,” and WHEREAS, Ramsey County has 32% of the Region’s federally subsidized housing units; twice that of neighboring Hennepin County and twenty times that of the rest of the Region, and this heavy concentration of subsidized units, enhancements to the web of opportunity, has the effect of increasing financial poverty within neighborhoods, and WHEREAS, as the most diverse community in the Region, our area will be the bellwether for the future if ongoing disparities issues in race, wealth, health, education or employment are not addressed through a multi-pronged approach, which recognizes that people are our future and youth our hope, and WHEREAS, there is strong body of youth development research has shown that meeting youth's developmental needs requires positive relationships with caring adults that convey high expectations and provide opportunities for ongoing participation and contribution; and WHEREAS, data indicators clearly demonstrate that youth with five (5) or more caring and connected adults – a rich developmental ecology - yield significant gains in measures, such as school performance, educational attainment, income acquisition, optimism, self concept, and relationships with family and peers; and WHEREAS, research shows that effective schools, families, congregations, and June 9, 2014 City Council Meeting Minutes 22 communities can contribute to the positive development of all youth and that all sectors of the community have a critical role to play in the enhancement of the developmental ecology of children and adolescent health status; and WHEREAS, research further shows that the richer this youth developmental ecology, the less likely one is to use drugs and alcohol, to be sexually active, to be depressed or have suicidal thoughts, to fail in school, and to exhibit antisocial or violent behavior; and WHEREAS, after analysis of the data, it has been determined that the difference between troubled teens and those leading healthy, productive, positive lives was strongly affected by the presence of a rich "developmental ecology;" and the research also shows that the richer the youth developmental ecology, the more likely they are to succeed in school and to exhibit positive civil and civic behaviors; and WHEREAS, the City of Maplewood is working collaboratively with Independent School District 622 to support efforts to obtain funding to support implementation of Integrative Youth Development – what we call the “Rule of 5” to aid youth, community programs, youth serving agencies, and community members in the development of practices and programs that enrich the developmental ecology of children and youth. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maple wood supports and endorses the prevention-based “Rule of 5” framework, and supports the inclusion of this information in presentations, workshops and training opportunities to better enrich the developmental ecology of children and teens, and encourages each neighborhood, congregation, business, school site, and youth program to create a community-wide dialogue and pursue activities that enrich the developmental ecology of the children and teens of Maplewood, Minnesota. Adopted by the Maplewood City Council, this 9th day of June, 2014. Seconded by Councilmember Cardinal Ayes – All The motion passed. K. AWARD OF BIDS None L. VISITOR PRESENTATION 1. Mark Bradley, Maplewood Resident 2. Bob Zick, North St. Paul Resident 3. Nancy Blomquist, Maplewood Resident M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update Interim City Manager Coleman gave the update providing the council with upcoming meetings and events. June 9, 2014 City Council Meeting Minutes 23 Public Works Director/City Engineer Thompson reported on the MOVE Minnesota Meeting he attended today on behalf of Mayor Slawik. N. COUNCIL PRESENTATIONS 1. Dispatch Policy Committee Councilmember Juenemann reported on the Dispatch Policy Committee meeting she attended last week. 2. Update on Design Review Board Councilmember Abrams reported on the Design Review Board Meeting she attended. 3. Event at Old Country Buffet Councilmember Abrams reported that she attended a business breakfast meeting with 50 business owners at Old Country Buffet in Maplewood. She further noted that Anthony Wedo, Chairman/CEO of Old Country Buffet was in attendance and was a speaker at the event. 4. Update on Kohls Mayor Slawik reported on the Kohl’s grand opening and ribbon cutting she attended at Maplewood Mall. 5. Open House at Library for Rush Line Mayor Slawik reported on the Rush Line Task Force open house she attended at the Maplewood Library. The following item was moved from J1 to the end of the agenda because staff requested the council to close the meeting to discuss land negotiations for the Fire Station located at 1177 Century Avenue N. in Maplewood. J1 Letter of Intent to Purchase Fire Station No. 1 (East County Line) a. Intent to Close Meeting (§13D.05 subd.3c) Councilmember Abrams moved to approve to recess the meeting to go into closed session to discuss the letter of intent to purchase Fire Station No. 1 (East County Line) located at 1077 Century Avenue N., Maplewood. Seconded by Councilmember Koppen Ayes – All The motion passed. Mayor Slawik called the meeting back to order. City Attorney Kantrud gave a summary of the closed session. June 9, 2014 City Council Meeting Minutes 24 O. ADJOURNMENT Mayor Slawik adjourned the meeting at 10:50 p.m.