HomeMy WebLinkAbout07-28-2014 City Council Meeting MinutesJuly 28, 2014
City Council Meeting Minutes 1
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, July 28, 2014
Council Chambers, City Hall
Meeting No. 13-14
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:07 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
N1 National Night Out
N2 Recreational Fires
N3 The Passing of Cable Commission Member Robert Weisenburger
N4 League of Minnesota Cities Legislator of Distinction
N5 Gateway Corridor Commission Alignment
N6 Parks & Recreation
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 July 14, 2014 City Council Workshop Minutes
Councilmember Juenemann moved to approve the July 14, 2014 City Council Workshop
Minutes as submitted.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
2. Approval of July 14, 2014 City Council Meeting Minutes
Councilmember Juenemann moved to approve the July 14, 2014 City Council Meeting
Minutes as submitted.
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Seconded by Councilmember Cardinal Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
None
G. CONSENT AGENDA
Councilmember Juenemann requested agenda items G4, G9, G12 and G15 be
highlighted and a question for G6.
Mayor Slawik requested agenda item G8 be highlighted.
Councilmember Juenemann moved to approve agenda items G1-G16.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the Approval of Claims.
ACCOUNTS PAYABLE
$ 177,841.28 Checks #92827 thru # 92876
dated 07/01/14 thru 07/08/14
$ 215,317.40 Disbursements via debits to checking account
dated 06/30/14 thru07/03/14
$ 1,452,742.58 Checks # 92877 thru #92933
dated 07/10/14 thru 07/15/14
$ 515,538.14 Disbursements via debits to checking account
dated 07/07/14 thru 07/11/14
$ 2,361,439.40 Total Accounts Payable
PAYROLL
$ 539,282.80 Payroll Checks and Direct Deposits dated 06/20/14
$ 640.00 Payroll Deduction check # 990073 thru # 990074 dated 07/03/2014
$ 539,922.80 Total Payroll
$ 2,901,362.20 GRAND TOTAL
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Seconded by Councilmember Koppen Ayes – All
The motion passed.
2. Approval of Resolution for 2014 Pay Rates for Temporary/Seasonal and
Casual Part-Time Employees
Councilmember Juenemann moved to approve the Resolution for 2014 Pay Rates for
Temporary/Seasonal and Casual Part-Time Employees.
Resolution 14-7-1101
WHEREAS, according to the Minnesota Public Employees Labor Relations act,
part-time employees who do not work more than 14 hour per week and
temporary/seasonal employees who work in positions that do not exceed 67 days in a
calendar year, or 100 days for full-time students, are not public employees and are
therefore not eligible for membership in a public employee union.
NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job
classifications are hereby established for temporary/seasonal, casual part-time
employees effective August 1, 2014 upon Council approval.
Accountant $10.00-30.00 per hour
Accounting Technician $9.00-22.00 per hour
Administrative Assistant $9.00-23.00 per hour
Background Investigator $25.00-35.00 per hour
Building Inspector $14.00-35.00 per hour
Building Attendant $8.00-15.00 per hour
Customer Service Assistant $8.00-15.00 per hour
CSO $14.50-19.50 per hour
Data Entry Operator $8.00-12.00 per hour
Election Judge $8.00-12.00 per hour
Election Judge - Assistant Chair $9.00-15.00 per hour
Election Precinct Chair $9.00-16.00 per hour
Engineering Aide $8.00-16.00 per hour
Engineering Technician $10.00-16.00 per hour
Fire Maintenance/Engineer ** $14.71 per hour
Firefighter-in-Training (new hire) ** $10.51 per hour
Firefighter/EMT ** $12.61 per hour
Firefighter/Paramedic ** $13.66 per hour
Firefighter/EMT Captain ** $14.71 per hour
Firefighter/Paramedic Captain ** $15.76 per hour
Battalion Chief ** $16.81 per hour
Intern $8.00-20.00 per hour
IT Technician $15.00-20.00 per hour
Laborer $8.00-14.00 per hour
Lifeguard $8.00-14.00 per hour
Manager-on-Duty Differential $1.00 per hour
Office Specialist $8.50-18.00 per hour
Receptionist $8.00-16.00 per hour
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Recreation Instructor/Leader $8.00-32.00 per hour
Recreation Official $8.00-30.00 per hour
Recreation Worker $8.00-18.00 per hour
Theater Technician $20.00-30.00 per hour
Vehicle Technician $9.00-15.00 per hour
Video Coordinator* $11.00-19.00 per hour
Video Technician* $10.00-18.00 per hour
Water Safety Instructor (WSP) Differential $2.00 per hour
Head Lifeguard (hlg) Differential $1.00 per hour
Water Safety Aide (WSA) Differential $.50 per hour
*Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or
less.
** Fire Department positions shall receive a $2 per hour differential for working the
following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving
Day and Christmas Day.
BE IT FURTHER RESOLVED, that the City Manager shall have the authority to
set the pay rate within the above ranges.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
3. Approval of a Temporary Lawful Gambling Permit for the Church of St.
Jerome and Waiver of Permit Fees
Councilmember Juenemann moved to approve the Temporary Lawful Gambling Permit
for the Church of St. Jerome, 380 E. Roselawn Avenue to be used for their event on
September 21, 2014; and the fees of $366 be waived for a tent permit, two food sales
permits and an on-sale intoxicating liquor permit.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
4. Approval of an Environmental Assistance Grant Program Submittal with
the Minnesota Pollution Control Agency
Interim City Manager Coleman gave the staff report.
Councilmember Juenemann moved to approve the Resolution authorizing the City of
Maplewood’s application for an Environmental Assistance grant in order to implement
the City’s Green Building Program.
Resolution 14-7-1102
Minnesota Pollution Control Agency FY 2014-2015 Grant Program
Authorization Resolution
WHEREAS, the City of Maplewood has applied for a grant from the Minnesota
Pollution Control Agency (MPCA), under its FY 2014-2015 Environmental Assistance
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Grant Program; and
WHEREAS, if the MPCA funding is received, the City of Maplewood is committed
to implementing the proposed project as described in the grant application; and
WHEREAS, MPCA requires that the City of Maplewood enter into a grant
agreement with the MPCA that identifies the terms and conditions of the funding award;
BE IT RESOLVED THAT the City of Maplewood hereby agrees to enter into and
sign a grant agreement with the MPCA to carry out the project specified therein and to
comply with all of the terms, conditions, and matching provisions of the grant agreement
and authorizes and directs Melinda Coleman, Interim City Manager, to sign the grant
agreement on its behalf.
The Maplewood City Council adopts this resolution on July 28, 2014.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
5. Approval of a Conditional Use Permit Review, All Metro Glass, 1357 Cope
Avenue
Councilmember Juenemann moved to approve to review the Conditional Use Permit for
All Metro Glass again only if a problem arises or a major change is proposed.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
6. Approval of a Conditional Use Permit Review, South Metro Human Services
Mental Health Care Facility, 1111 Viking Drive
Senior Planner Ekstrand answered questions of the council.
Councilmember Juenemann moved to approve to review the Conditional Use Permit for
South Metro Human Services again only if a problem arises or a major change is
proposed.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
7. Approval of a Conditional Use Permit Review, Our City, Our Neighborhood
Church, 1812 North Saint Paul Road
Councilmember Juenemann moved to approve to review the Conditional Use Permit for
Our City, Our Neighborhood Church again in one year or sooner if a major problem
arises.
Seconded by Councilmember Koppen Ayes – All
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The motion passed.
8. Approval of a Conditional Use Permit Review, Greenhouse at Harmony
Learning Center, 1961 County Road C East
Interim City Manager Coleman gave the staff report.
Councilmember Juenemann moved to approve to review the Conditional Use Permit for
a Greenhouse at the Harmony Learning Center again only if a problem arises or a major
change is proposed.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
9. Approval of Resolution Accepting a Donation to the Fire Department from
Bradley Werdal
Fire Chief Lukin gave the staff report.
Councilmember Juenemann moved to approve the Resolution Accepting a Donation in
the amount of $55.83 to the Maplewood Fire Department from Bradley Werdal; and the
necessary budget adjustments be made so the funds can be expended by the Fire
Department as needed.
Resolution 14-7-1103
AUTHORIZING GIFT TO CITY
WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and
devices of real and personal property and maintain the same for the benefit of the
citizens and pursuant to the donor’s terms if so-prescribed, and;
WHEREAS, Bradley Werdal wishes to grant the city of Maplewood the following:
$55.83, and;
WHEREAS, Bradley Werdal has instructed that the City will be required to use
the aforementioned for: use by the fire department to directly improve the community,
and;
WHEREAS, the city of Maplewood has agreed to use the subject of this
resolution for the purposes and under the terms prescribed, and;
WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of
its governing body’s membership pursuant to Minnesota Statute §465.03;
NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute
§465.03, that the Maplewood City Council approves, receives and accepts the gift
aforementioned and under such terms and conditions as may be requested or required.
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Passed by the Maplewood City Council on July 28, 2014.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
10. Approval of Resolution Directing Modification of Existing Construction
Contract, Change Order 5 - PDEP Phase 3
Councilmember Juenemann moved to approve the Resolution Directing Modification of
Existing Construction Contract, Change Order No. 5 for the Police Department
Expansion Project – Phase 3.
Resolution 14-7-1104
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
POLICE DEPARTMENT EXPANSION PROJECT - PHASE 3, CHANGE ORDER NO. 5
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. 5.
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. 5.
Adopted by the Maplewood City Council on this 28th day of July 2014.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
11. Authorization to Purchase Security System Updates
Councilmember Juenemann moved to approve the purchase of additional security
system updates and hardware not to exceed $9,000.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
12. Approval of 2014 Playground Replacement Plan
Parks & Recreation Manager Taylor gave the staff report.
Councilmember Juenemann moved to approve that staff receive bids for the
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replacement of Timber Park and a section of Robinhood Park. Once all the bids have
been received and the community process is followed, staff will seek final approval from
the council.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
13. Approval of License Agreement with Ramsey County Regional Rail
Authority for Interpretive Kiosk Installation, TH 36/English Street
Interchange Improvements, City Project 09-08
Councilmember Juenemann moved to approve the License Agreement with Ramsey
County Regional Rail Authority for the installation of the Interpretive Kiosk, TH
36/English Street Interchange Improvements, City Project 09-08.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
14. Approval to Use Services of Hugo’s Tree Care
Councilmember Juenemann moved to approve the use of Hugo’s Tree Care for tree
removal/trimming of hazardous, dead and diseased trees.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
15. Approval of Resolution Supporting Closest Unit Dispatching in Life Safety
Emergency Cases
Police Chief Schnell gave the staff report.
Councilmember Juenemann moved to approve the Resolution for a defined cross
jurisdictional dispatching policy of deploying the closest, available and qualified public
safety resource in certain emergency situations where it is believed the life safety of a
person is in immediate danger.
Resolution 14-7-1105
A Resolution in Support of Public Safety Closest Unit Dispatching
in Life Safety Emergency Cases
Whereas, the City of Maplewood is a political subdivision of the State of
Minnesota, located within Ramsey County; and
Whereas, the City of Maplewood, like all governmental bodies, has as one of its
essential functions the provision of public safety services to protect and preserve the life
and property of the people within its jurisdictional boundaries; and
Whereas, it is the responsibility of the government of the City of Maplewood to
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provide reasonable levels of public safety resources to respond to and meet the core
needs of its residents and those within its jurisdictional boundaries; and
Whereas, advances in technology and a shared public safety dispatch center
makes it possible to know the location of a given public safety resource (police, fire,
emergency medical service) relative to the location of a reported life safety emergency;
and
Whereas, a life safety emergency is any event where, based upon reported
circumstances and uniformly established and agreed-upon protocols, the life safety of a
person(s) is believed to be in immediate danger; and
Whereas, the geographic boundaries of a given political subdivision typically
determines legal responsibility for a life safety emergency response, the moral,
reasonable, and publically expected responsibility is to provide those whose life may be
in immediate jeopardy with the closest available and qualified public safety resource;
and
Whereas, the City of Maplewood has a desire to provide its citizens and those
within its boundaries experiencing a life safety emergency with the closest available and
qualified public safety resource, including an available and qualified response resource
from a neighboring political subdivision. Similarly, the City of Maplewood pledges to
make its public safety resources available to another political subdivision when that
resource is determined able to provide immediate services in a life safety emergency;
and
Whereas, it is acknowledged that response to such a life safety emergency
should be limited to addressing immediate life safety needs until such time as a public
safety resource from the political division of incident occurrence and responsibility is able
to assume control of the incident and/or event.
Now, therefore, the City Council of the City of Maplewood in recognition of its
civic, legal, and moral obligation resolves support for a defined cross-jurisdictional
dispatching policy of closest, available, qualified public safety resource deployment in
certain emergency situations where it is believed the life safety of a person is in
immediate jeopardy; and
Further, it is recommended, that public safety leaders serving the various
political subdivisions within Ramsey County convene to discuss establishment of a
reasonable, limited, and defensible closest unit dispatching policy to effectively serve the
immediate life safety needs of those who live, work, or visit our respective jurisdictions;
and
Further, it is acknowledged that this recommendation is not without a range of
legal, communication, economic, and liability implications that must be addressed. It is
also understood that such a policy does not reduce or mitigate the responsibility of this
or any political subdivision to provide adequate resources to meet the emergency needs
of people within their political subdivision; and
Finally, be it known that the City of Maplewood has only the highest regard for
our neighboring political subdivisions and that these recommendations are made for the
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mutual benefit of our peoples.
Adopted this 28th day of July, 2014.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
16. Approval of Resolution Accepting Donation to Maplewood Police Reserves
from Ramsey County Fair
Councilmember Juenemann moved to approve the Resolution Accepting the Donation of
$400 to the Maplewood Police Reserves from the Ramsey County Fair.
Resolution 14-7-1106
EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE MAPLEWOOD POLICE DEPARTMENT
WHEREAS, the Ramsey County Agricultural Society/Fair Board has presented to
the Maplewood Police Department a donation in the amount of $400; and
WHEREAS, this donation is intended for the purpose of Maplewood Police
Reserve Unit equipment and/or needs; and
WHEREAS, the Maplewood City Council is appreciative of the donation and
commends the Ramsey County Agricultural Society/Fair Board for their civic efforts,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Maplewood, Minnesota, that:
1. The donation is accepted and acknowledged with gratitude; and
2. The donation will be appropriated for the Police Department as designated;
and
3. The appropriate budget adjustments be made.
Passed by the Maplewood City Council on July 28, 2014.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
H. PUBLIC HEARING
None
I. UNFINISHED BUSINESS
1. Approval of Amendments to the Ordinance Regulating Tattoo
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Establishments—Second Reading
City Clerk Guilfoile gave the staff report.
Councilmember Juenemann moved to approve the second reading of the proposed
amendments to Chapter 14, Article XVII to become as restrictive as or more restrictive
than State Statute and to include the regulation of body art establishments.
Ordinance 940
ARTICLE XVII. BODY ART ESTABLISHMENTS
Sec. 14-1330.50. Adoption of state law by reference
The provisions of Minn. Stats. Ch. 146B are hereby adopted by reference and
are made a part of this article as if set out in full. It is the intention of the council that all
future amendments of Minn. Stats. Ch. 146B are hereby adopted by reference or
referenced as if they had been in existence at the time this article was adopted. Minn.
Stats. Ch. 146B is hereby modified by deleting the term "commissioner" and substituting
the term "environmental health official" in place thereof, or other successor designated
or authorized by the city council.
Sec. 14-1330.55 City may be more restrictive than state law
The council is authorized by the provisions of Minn. Stats. Ch. 146B, as it may be
amended from time to time, to impose, and has imposed in this article, additional
restrictions on body art establishments within its limits beyond those contained in Minn.
Stats. Ch. 146B, as it may be amended from time to time.
Sec. 14-1331. Purpose.
The purpose of this article is to regulate the business of body art in order to
protect the health and welfare of the general public. The city council finds that the
experience of other cities indicates that there is a connection between body art and
hepatitis and other health problems. The city council finds that stringent regulations
governing body art can minimize the hepatitis and disease risk and therefore protect the
general health and welfare of the community.
Sec. 14-1332. 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:
Aftercare means written instructions given to a client, specific to the procedure
rendered, on caring for the body art and surrounding area. These instructions must
include information on when to seek medical treatment.
Body art or body art procedures means physical body adornment using, but not
limited to, tattooing and body piercing. Body art does not include practices and
procedures that are performed by a licensed medical or dental professional if the
procedure is within the professional's scope of practice.
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Body art establishment or Establishment means any structure or venue, whether
permanent, temporary, or mobile, where body art is performed. Mobile establishments
include vehicle-mounted units, either motorized or trailered, and readily moveable
without dissembling and where body art procedures are regularly performed in more
than one geographic location.
Body piercing means the penetration or puncturing of the skin by any method f or
the purpose of inserting jewelry or other objects in or through the body. Body piercing
also includes branding, scarification, suspension, subdermal implantation, microdermal,
and tongue bifurcation. Body piercing does not include the piercing of the outer
perimeter or the lobe of the ear using a presterilized single-use stud-and-clasp ear-
piercing system.
Branding "Branding" means an indelible mark burned into the skin using
instruments of thermal cautery, radio hyfrecation, and strike branding.
Clean means the absence of dirt, grease, rubbish, garbage, and other offensive,
unsightly, or extraneous matter.
Guest artist means an individual who performs body art procedures according to
the requirements under Minn. Stats. Ch.146B.04.
Good repair means free of corrosion, breaks, cracks, chips, pitting, excessive
wear and tear, leaks, obstructions, and similar defects so as to constitute a good and
sound condition.
Issuing authority means the city clerk.
Microdermal "Microdermal" means a single-point perforation of any body part
other than an earlobe for the purpose of inserting an anchor with a step either protruding
from or flush with the skin.
Micropigmentation or cosmetic tattooing means the use of tattoos for permanent
makeup or to hide or neutralize skin discolorations.
Scarification means an indelible mark fixed on the body by the production of
scars.
Subdermal implantation means the implantation of an object entirely below the
dermis.
Suspension means the suspension of the body from affixed hooks placed
through temporary piercings.
Tattooing means any method of placing indelible ink or other pigments into or
under the skin or mucosa with needles or any other instruments used to puncture the
skin, resulting in permanent coloration of the skin or mucosa. Tattooing also includes
micropigmentation and cosmetic tattooing.
Technician or Body art technician means any individual who is licensed under
Minn. Stats. Ch. 146B as a tattoo technician or as a body piercing technician or as both.
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Temporary body art event means any place or premise operating at a fixed
location where an operator performs body art procedures for no more than 4 consecutive
days in conjunction with a single event or celebration.
Tongue bifurcation means the cutting of the tongue from the tip to the base,
forking at the end.
Cross reference— Definitions generally, § 1-2.
Sec. 14-1333. License required; exception.
No person shall operate any establishment where body art is practiced nor
engage in the practice of tattooing or body piercing without such establishment being
licensed pursuant to this article. An establishment of a state-licensed physician who,
within the scope of practice, engages in the practice of tattooing or body piercing or both
shall be exempt from the license requirements.
Sec. 14-1334. License application.
Every application for a license under this article shall be made on a form supplied
by the issuing authority and shall request the following information:
(1) Individual applicants. If the applicant is a natural person:
a. The name, place and date of birth, street residence address, and phone
number of the applicant.
b. Whether the applicant is a citizen of the United States, a resident alien, or is
able to legally be employed in the United States.
c. Whether the applicant has ever used or has been known by a name other than
the applicant's name and, if so, the name used and information concerning
dates and places where used.
d. The name of the business if it is to be conducted under a designation, name,
or style other than the name of the applicant and a certified copy of the
certificate as required by Minn. Stats. § 333.01.
e. The street addresses at which the applicant has lived during the preceding five
years.
f. The type, name and location of every business or occupation in which the
applicant has been engaged during the preceding five years and the names
and addresses of the applicant's employers and partners, if any, for the
preceding five years.
g. Whether the applicant has ever been convicted of a felony, crime, or violation
of any ordinance other than a petty misdemeanor. If so, the applicant shall
furnish information as to the time, place and offense for which convictions
were had.
(2) Partnership applicants. If the applicant is a partnership:
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a. The names and addresses of all general and limited partners and all
information concerning each general partner required in subsection (1) of this
section.
b. The names of the managing partners and the interest of each partner in the
body art establishment.
c. A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name pursuant to Minn. Stats. § 333.01, a certified copy of such certificate
shall be attached to the application.
(3) Corporations and other associations. If the applicant is a corporation or other
type of business association:
a. The name of the corporation or business formed, and if incorporated the state
of incorporation.
b. A true copy of the certificate of incorporation. If the applicant is a foreign
corporation, a certificate of authority as required by Minn. Stats. § 303.06
shall be attached to the application.
c. The name of the managers, proprietors, or other agents in charge of the
business and all information concerning each manager, proprietor, or agent
required in subsection (1) of this section.
(4) All applicants. For all applicants:
a. Whether the applicant holds a current body art establishment license from any
other governmental unit.
b. Whether the applicant has previously been denied a body art establishment
license from any other governmental unit.
c. The location of the business premises and the legal description thereof.
d. Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid the years and
amounts that are unpaid.
e. Establishment plan review is required for all new, remodeled, and altered
establishments prior to commencement of construction. An establishment
owner must submit an establishment plan to the issuing authority for approval
of such plans and specifications. Plans and specifications shall be in
sufficient detail so that an accurate and complete appraisal can be made as
to compliance with all local building and zoning codes and Minn. Stats. Ch.
146B. Failure to submit a plan for approval may result in the closing down of
operations until plans have been approved.
f. Verification of compliance with all applicable local and state codes.
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g. A description of the general nature of the business; and
h. Such other information the city council or the issuing authority may require.
Sec. 14-1335. License fee.
Upon the filing of an application for the issuance of a license under this article,
the applicant must pay to the city clerk, in full, the amount of the license fee therefore as
imposed, set, established and fixed by the city council by resolution from time to time.
The city clerk must give the applicant a receipt for the payment.
Sec. 14-1336. License application execution.
All applications for a license under this article shall be signed and sworn to. If the
application is that of a natural person, it shall be signed and sworn to by such person; if
that of a corporation, by an officer thereof; if that of a partnership, by one of the general
partners; and if that of an unincorporated association, by the manager or managing
officer thereof.
Sec. 14-1337. License application verification, consideration and inspection.
(1) Verification. Applications for licenses under this article shall be submitted to the
issuing authority. The issuing authority is empowered to conduct any and all
investigations to verify the information on the application, including ordering a
computerized criminal history inquiry and/or a driver's license history inquiry on
the applicant.
(2) Consideration. Within a reasonable period of time after the completion of the
license verification process by the issuing authority, the issuing authority shall
accept or deny the license application in accordance with this article. If the
application is denied, the issuing authority shall notify the applicant of the
determination in writing. The notice shall be mailed by certified and regular mail
to the applicant at the address provided in the application, and it shall inform the
applicant of the applicant's right, within 20 days after receipt of the notice by the
applicant, to request an appeal of the issuing authority's determination to the city
council. If an appeal to the city council is timely received by the issuing authority,
the hearing before the city council shall take place within a reasonable period of
receipt of the appeal by the issuing authority.
(3) Inspection. Before issuance of a license, and thereafter as frequently as deemed
necessary to ensure that the standards required under this article are met. The
environmental health officer shall have the authority to enter a premise to
conduct an inspection of the body art establishment and a review of any records
deemed necessary. Refusal to permit an inspection constitutes valid grounds for
licensure denial or revocation.
Sec. 14-1338. Persons ineligible for license.
(1) Natural persons. No license required under this article shall be issued to an
applicant who is a natural person if such applicant:
(a) Is not 18 years of age or older on the date the license application is submitted
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to the issuing authority;
(b) Has been convicted of any crime directly related to the occupation licensed
as prescribed by Minn. Stats. § 364.03, subd. 2, and has not shown
competent evidence of sufficient rehabilitation and present fitness to perform
the duties of the licensed occupation as prescribed by Minn. Stats. § 364.03,
subd. 3;
(c) Is not a citizen of the United States, a resident alien, or does not have the
legal authority to be employed in the United States;
(d) Is not of good moral character or repute;
(e) Knowingly falsifies or misrepresents information on the license application;
(f) Owes taxes and assessments to the state, county, school district, or city that
are due and delinquent; or
(g) Is not the real party in interest in the business to be licensed.
(2) Partnerships. No license required under this article shall be issued to a
partnership if such partnership has any general partner or managing partner:
(a) Who is not 18 years of age or older on the date the license application is
submitted to the issuing authority;
(b) Who has been convicted of any crime directly related to the occupation
licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and who has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of the licensed occupation as prescribed by Minn. Stats. §
364.03, subd. 3;
(c) Who is not a citizen of the United States, a resident alien, or does not have
the legal authority to be employed in the United States;
(d) Who is not of good moral character or repute;
(e) Who knowingly falsifies or misrepresents information on the license
application;
(f) Who owes taxes and assessments to the state, county, school district, or city
that are due and delinquent; or
(g) Who is not the real party in interest in the business to be licensed.
(3) Corporate or other organizations. No license required under this article shall be
issued to a corporation or other organization if such applicant has any manager,
proprietor, or agent in charge of the business to be licensed:
(a) Who is not 18 years of age or older on the date the license application is
submitted to the issuing authority;
July 28, 2014
City Council Meeting Minutes 17
(b) Who has been convicted of any crime directly related to the occupation
licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and who has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of the licensed occupation as prescribed by Minn. Stats. §
364.03, subd. 3;
(c) Who is not a citizen of the United States, a resident alien, or does not have
the legal authority to be employed in the United States;
(d) Who is not of good moral character or repute;
(e) Who knowingly falsifies or misrepresents information on the license
application;
(f) Who owes taxes and assessments to the state, county, school district, or city
that are due and delinquent; or
(g) Who is not the real party in interest in the business to be licensed.
Sec. 14-1339. Locations ineligible for a license.
The following locations shall be ineligible for a license under this article:
(1) Taxes due on property. No license shall be granted or renewed for operation on
any property on which taxes, assessments, or other financial claims of the state,
county, school district, or city are due, delinquent, or unpaid. If a suit has been
commenced under Minn. Stats. §§ 278.01—278.13, questioning the amount of
validity of taxes, the city council may on application waive strict compliance with
this subsection. No waiver may be granted, however, for taxes or any portion
thereof which remain unpaid for a period exceeding one year after becoming
due.
(2) Improper zoning. No license shall be granted if the property is not properly zoned
for body art establishments under chapter 44 unless the business is a legal,
nonconforming use.
(4) Premises licensed for alcoholic beverages. No license shall be granted or
renewed if the premises is licensed for the furnishing of alcoholic beverages
pursuant to chapter 6 or is licensed as a sexually oriented business pursuant to
this chapter.
(5) Private Residence. A private home, a room used as living or sleeping quarters,
or an area directly opening into a room used as living or sleeping quarters shall
not be licensed as a body art establishment.
Sec. 14-1340. License requirements.
(1) Procedures on Minors. No tattooing, nipple or genital piercing, branding,
scarification, suspension, subdermal implantation, microdermal, or tongue
bifurcation shall be performed by any technician on any individual under the age
of eighteen (18) regardless of parental or guardian consent..
July 28, 2014
City Council Meeting Minutes 18
(2) Prohibited Procedures. No person shall engage in the branding, implantation,
suspension, or scarification of another person.
(3) Prohibition on license transfer. The license granted under this article is for the
person and the premises named on the approved license application. No transfer
of a license shall be permitted from place to place or from person to person
without first complying with the requirements of an original application, except
when an existing noncorporate licensee is incorporated and incorporation does
not affect the ownership, control, and interest of the existing licensed
establishment.
(4) Hours of operation. A licensee under this article shall not be open for business
for body art procedures before 7:00 a.m. or after 11:00 p.m.
(5) Licensed premises. The body art establishment license is only effective for the
compact and contiguous space specified in the approved license application. If
the licensed premises is enlarged, altered, or extended, the licensee shall inform
the issuing authority.
(6) Effect of license suspension or revocation. No person shall solicit business or
offer to perform body art services while under license suspension or revocation
by the city.
(7) Maintenance of order. The licensee shall be responsible for the conduct of the
business being operated and shall at all times maintain conditions of order.
(8) Employee lists. The following information for each technician employed or
performing body art procedures in the establishment:
(a) name;
(b) home address;
(c) home telephone number
(d) date of birth;
(e) copy of an identification photo; and
(f) copy of current license as required by MN Stats. Ch. 146B.03 or current
guest artist license as required by MN Stats. Ch. 146B.04
(9) Liability insurance. All licensees shall have at all times a valid certificate of
insurance issued by an insurance company licensed to do business in the state
indicating that the licensee is currently covered in the body art business by a
liability insurance policy. The minimum limits of coverage for such insurance shall
be as follows:
(a) Each claim, at least $200,000.00.
(b) Each group of claims, at least $500,000.00.
Such insurance shall be kept in force during the term of the license and shall
provide for notification to the city prior to termination or cancellation. A certificate
of insurance shall be filed with the city.
July 28, 2014
City Council Meeting Minutes 19
(10) License verification and issuance. The police department is empowered to
conduct any and all investigations to verify the information on the application,
including ordering a computerized criminal history inquiry and/or a driver's license
history inquiry on the applicant. Within seven days of receipt of a complete
application, the issuing authority shall grant or deny the application. An applicant
who is denied a license by the issuing authority shall be granted a right to appeal
to the city council.
Sec. 14-1341. Health and sanitation restrictions.
No person shall engage in the practice of body art at any place in the city without
complying with the following:
(1) Lavatory requirement. Every place where body art is practiced shall be equipped with
an adequate and conveniently located toilet room and hand lavatory for the
accommodation of employees and patrons. The hand lavatory shall be supplied with
hot and cold running water under pressure, shall be maintained in good repair at all
times, and shall be kept in a clean and sanitary condition. Toilet fixtures and seats
shall be of a sanitary open-front design and readily cleanable. Easily cleanable,
covered receptacles shall be provided for waste materials. Every lavatory facility
shall be provided with an adequate supply of hand-cleansing compound and single-
service sanitary towels or hand-drying devices.
(2) Skin infection. No person having any skin infection or other diseases of the skin shall
obtain body art.
(3) Sterilization and disposal of biohazardous materials. All needles and razor blades
shall be individually prepackaged, presterilized and disposable. No such
equipment shall be used on more than one customer. All biohazardous waste
shall be disposed of in accordance with law, and disposal procedures shall be
approved by the environmental health officer. Sterilizing solutions and methods
may be used for the purpose of sterilizing instruments other than needles and
razor blades when such sterilizing solutions and methods are approved by the
environmental health officer.
(4) Skin preparation procedures. The following procedures shall be used for skin
preparation:
a. Each operator shall wash his hands thoroughly with soap and water and then
dry them with a clean towel before and after each body art procedure .
Operators with skin infections of the hand shall not perform any body art
services.
b. Whenever it is necessary to shave the skin, prepackaged, pre-sterilized,
disposable, razor blades shall be used.
c. The skin area receiving a body art procedure shall be thoroughly cleaned
with germicidal soap, rinsed thoroughly with water, and sterilized with an
antiseptic solution approved by the environmental health officer. Only single-
service towels and wipes shall be used in the skin cleaning process.
(5) Operating furniture. All tables, chairs, furniture, or areas on which a patron
July 28, 2014
City Council Meeting Minutes 20
receives body art shall be covered by single-service disposable paper or clean
linens, or in the alternative the table, chair, or furniture on which the patron
receives body art shall be impervious to moisture and shall be properly sanitized
after each body art procedure.
(6) Towels. Every operator shall provide single-service towels or wipes for each
customer or person, and such towels or wipes shall be stored and disposed of in
a manner acceptable to the environmental health officer.
(7) Garments of operator. Every operator shall wear clean, washable garments when
engaged in the practice of body art. If garments are contaminated with blood or
body fluids, such garments shall be removed and changed.
(8) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and
noxious agents and substances including mercury. The pigments used from
stock solutions for each customer shall be placed in a single-service receptacle,
and such receptacle and remaining solution shall be discarded after use on each
customer in accordance with procedures approved by the environmental health
officer.
(9) Minimum floor space. There shall not be less than 150 square feet of floor space
at the place where the practice of body art is conducted, and such place shall be
so lighted and ventilated as to comply with the standards approved by the
environmental health officer.
(10) Influence of alcohol and drugs. No person shall practice body art while under the
influence of alcoholic beverages or illicit drugs. No customer shall receive a body
art procedure while under the influence of alcoholic beverages or illicit drugs.
(11) Aftercare. A technician shall provide each client with verbal and written
instructions for the care of the tattooed or pierced site upon the completion of the
procedure. The written instructions must advise the client of the difference
between normal skin or tissue irritation and infection and to consult a health care
professional upon indication of infection of the skin or tissue.
Sec. 14-1342. Sanctions for license violations.
(1) Suspension or revocation. The city manager, at the recommendation of the
issuing authority, may suspend or revoke a license issued pursuant to this article
for a violation of the following:
(a) Fraud, misrepresentation, or false statement contained in a license
application or a renewal application.
(b) Fraud, misrepresentation, or false statement made in the course of carrying
on the licensed occupation or business.
(c) Any violation of this article or state law.
(d) A licensee's criminal conviction that is directly related to the occupation or
business licensed as defined by Minn. Stats. § 364.03, subd. 2, provided that
July 28, 2014
City Council Meeting Minutes 21
the licensee cannot show competent evidence of sufficient rehabilitation and
present fitness to perform the duties of the licensed occupation or business
as defined by Minn. Stats. § 364.03, subd. 3.
(e) Conducting the licensed business or occupation in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety, or general welfare of the community.
(2) Notice and hearing. A revocation or suspension by the city manager shall be
preceded by written notice to the licensee and a hearing. The notice shall give at
least eight days' notice of the time and place of the hearing and shall state the
nature of the charges against the licensee. The notice shall be mailed by regular
and certified mail to the licensee at the most recent address listed on the license
application.
Sec. 14-1343. Temporary Suspension
The health authority, with the approval of the city manager, shall immediately
suspend the license of any body art establishment for the violation of any section of this
article if such violation constitutes an imminent public health hazard. Upon notification by
the health authority of a temporary suspension of the license by posting of this report at
the time of the inspection, the licensee shall forthwith cease operation. Upon notification
in writing by the licensee to the health authority that all violations have been corrected,
for which temporary suspension was invoked, the health authority shall re-inspect the
body art establishment within a reasonable length of time. If all violations constituting the
ground for the temporary suspension have been corrected, the health authority shall
forthwith terminate the suspension.
Sec. 14-1344. Issuance of temporary body art event license.
(1) Requirements. The city council may issue a temporary body art event license,
provided that the following license requirements are met:
(a) Duration of event. The event is no longer than four continuous days.
(c) Number of events. The same person or organization has had no more than
four body art events in the same calendar year.
(c) Security measures. The chief of police has approved the security measures
for the event.
(d) Health inspection. The environmental health officer has reviewed the health
and sanitation measures for the event and has inspected each vendor space
for the event.
(e) Liability insurance. Liability insurance has been obtained to cover the event or
in the alternative each vendor has procured insurance to cover the vendor's
operations at the event. The minimum limits of coverage for such insurance
shall be as follows:
I. Each claim, at least $200,000.00.
July 28, 2014
City Council Meeting Minutes 22
II. Each group of claims, at least $500,000.00.
A certificate of insurance shall be filed with the city clerk.
(f) Hours of operation. No body art procedures can take place before 7:00 a.m.
nor after 11:00 p.m.
(g) Maintenance of order. The licensee shall be responsible for the conduct of
persons during the event and shall at all times maintain conditions of order.
(h) Toilet rooms. The event shall take place at a location equipped with adequate
and conveniently located toilet rooms and hand lavatories for the
accommodation of employees and patrons. The hand lavatory shall be
supplied with hot and cold running water under pressure, shall be maintained
in good repair at all times, and shall be kept in a clean and sanitary condition.
Toilet fixtures and seats shall be of a sanitary open-front design and readily
cleanable. Easily cleanable, covered receptacles shall be provided for waste
materials. Every lavatory facility shall be provided with an adequate supply of
hand-cleansing compound and single-service sanitary towels or hand-drying
devices.
(i) Skin infections. No person having any skin infection or other disease of the
skin shall receive a body art procedure during the event.
(j) Sterilization and disposal of biohazardous materials. All needles and razor
blades shall be individually prepackaged, presterilized and disposable. No
such equipment shall be used on more than one customer. All biohazardous
waste shall be disposed of in accordance with law, and disposal procedures
shall be approved by the health officer. Sterilizing solutions may be used for
the purpose of sterilizing instruments other than needles and razor blades
when such sterilizing solutions are approved by the environmental health
officer.
(k) Skin preparation procedures. The following procedures shall be used for skin
preparation:
I. Each operator shall wash his hands thoroughly with soap and water and
then dry them with a clean towel before and after each body art
procedure . Operators with skin infections of the hand shall not perform
any body art procedures.
II. Whenever it is necessary to shave the skin, prepackaged, presterilized,
disposable, razor blades shall be used.
III. The skin area receiving a body art procedure shall be thoroughly cleaned
with germicidal soap, rinsed thoroughly with water, and sterilized with an
antiseptic solution approved by the environmental health officer. Only
single-service towels and wipes shall be used in the skin cleaning
process.
(l) Garments of operator. Each operator at the event shall wear clean, washable
July 28, 2014
City Council Meeting Minutes 23
garments when engaged in the practice of body art. If garments are
contaminated with blood or body fluids, such garments shall be removed and
changed.
(m) Pigments. Pigments used in tattooing during the event shall be sterile and free
from bacteria and noxious agents and substances including mercury. The
pigments used from stock solutions for each customer shall be placed in a single-
service receptacle, and such receptacle and remaining solution shall be
discarded after use on each customer in accordance with procedures approved
by the environmental health officer.
(n) Influence of alcohol and drugs. No person shall practice body art while under the
influence of alcoholic beverages or illicit drugs. No customer shall receive a body
art procedure during the event while under the influence of alcoholic beverages
or illicit drugs.
(o) Aftercare. A technician shall provide each client with verbal and written
instructions for the care of the tattooed or pierced site upon the completion of the
procedure. The written instructions must advise the client of the difference
between normal skin or tissue irritation and infection and to consult a health care
professional upon indication of infection of the skin or tissue
(p) No tattooing, nipple or genital piercing, branding, scarification, suspension,
subdermal implantation, microdermal, or tongue bifurcation shall be performed by
any technician on any individual under the age of eighteen (18) regardless of
parental or guardian consent.
(2) Application. The temporary license application issued by the city clerk shall
request the following information:
(a) The applicant's name and current address.
(b) The applicant's current employer.
(c) The applicant's addresses for the previous five years.
(d) The applicant's date of birth, home telephone number, weight, height, color of
eyes, and color of hair.
(e) Whether the applicant has ever been convicted of any felony, crime, or
violation of any ordinance other than a petty misdemeanor and, if so, the
time, place, and offense for which convictions were had.
(f) Whether the applicant has ever used or been known by a name other than
the applicant's name and, if so, the name and information concerning dates
and places where used.
(g) The location where the event will be conducted.
(h) The number of body art booths that will be operational at the event.
July 28, 2014
City Council Meeting Minutes 24
(i) The names and addresses of persons in charge of the event.
(j) Employee lists. The following information for each technician employed or
performing body art procedures at the event:
(i) name;
(ii) home address;
(iii) home telephone number;
(iv) date of birth;
(v) copy of an identification photo; and
(vi) copy of current license as required by MN Stats. Ch. 146B.03 or current
guest artist license as required by MN Stats. Ch. 146B.04
(3) License verification and issuance. The police department is empowered to
conduct any and all investigations to verify the information on the application,
including ordering a computerized criminal history inquiry and/or a driver's license
history inquiry on the applicant. Within seven days of receipt of a complete
application, the issuing authority shall grant or deny the application. An applicant
who is denied a license by the issuing authority shall be granted a right to appeal
to the city council.
Sec. 14-1345. Penalty.
A violation of this article shall be a misdemeanor and, upon conviction, shall be
punishable in accordance with section 1-15.
Secs. 14-1346—14-1370. Reserved.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
2. Approval of the Following Requests for the Days Inn Conversion to Senior
Housing at 3030 Southlawn Drive
a. A Conditional Use Permit to Allow Multi-Family Housing in a Business
Commercial District
b. A Parking Reduction for Fewer Parking Spaces than Required
c. A Unit-Size Reduction Variance
d. Design Plans
Senior Planner Ekstrand gave the staff report and answered questions of the council.
City Attorney Kantrud gave additional information and answered additional questions.
Fire Chief Lukin answered additional questions. Link Wilson with Kaas Wilson Architects
addressed the council and gave a presentation on the proposed senior housing. Albert
Miller, the developer of the project addressed the council and gave additional information
and answered questions.
The following people addressed the council:
1. Mark Bradley, Maplewood Resident
2. Bob Zick, North St. Paul Resident
July 28, 2014
City Council Meeting Minutes 25
Councilmember Juenemann moved to approve:
A. Approve a conditional use permit resolution to allow multi-family seniors housing in a
BC zoning district. Approval is based on the findings required by ordinance and
subject to the following conditions:
1. All construction shall follow the site plan date-stamped June 2, 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.
3. The city council shall review this permit in one year.
4. If there is a need for additional parking spaces in the future, the applicant shall
revise the plan to provide additional parking stalls to meet their needs, subject to
staff approval. The applicant shall provide an adequate number of electrical
power stations in the parking lot for residents to use plug-in heaters since there
will not be any underground parking.
5. The applicant shall comply with the conditions stated in the engineering report
dated June 4, 2014.
6. The applicant shall comply with the requirements of the city’s building official,
assistant fire chief and health officer.
7. This permit allows 115 senior housing units consisting of assisted living and
memory care units. Minor changes to this unit count may be approved by staff.
8. The applicant shall work with the city engineer/director of public works to provide
a safe walkway across Southlawn Drive for their residents as described in the
analysis by SEH dated July 21, 2014. This installation shall be paid for by the
applicant. The applicant shall also provide the sidewalk and ADA compliant
ramps as shown on the Public Works Director’s Suggested Pedestrian Way
Additions detail dated July 18, 2014.
9. Before the applicant obtains a building permit, he 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.
B. Approval of a parking waiver for fewer parking spaces than code requires, allowing
73 spaces. This proposal for 115 units of senior housing would require 230 parking
spaces. The city finds that the proposed reduction to 73 parking spaces would be
sufficient for this assisted-living and memory-care seniors housing facility since
senior housing facilities do not require the amount of parking needed for typical multi-
family housing needs. Should a parking shortage develop in the future, the applicant
shall revise the plan to provide enough to meet their needs, subject to staff approval.
C. Approval of a variance resolution to allow a living-unit size reduction. This variance
July 28, 2014
City Council Meeting Minutes 26
allows memory-care living units beginning at 312 square feet. Code requires a
minimum of 580 square feet. This variance is based on the findings that:
1. Memory-care housing facilities do not require the amount floor area that would be
needed for typical multi-housing developments. Therefore, smaller unit sizes would
be in harmony with the general purposes of the zoning requirements based on the
industry standards for such housing.
2. The proposed assisted-living and memory-care seniors housing facility would be
consistent with the comprehensive plan since the Plan encourages the city to provide
life-cycle housing for its residents.
3. The proposed unit sizes for memory-care units is reasonable since the city
ordinance does not accommodate or address living-quarter sizes for senior citizen
housing or special needs housing such as for memory-care residents. The city’s
requirements for studio or one-bedroom housing units are excessive for those with
intensive-care or memory-care housing needs.
D. Approval of the plans date-stamped June 2, 2014, for the Days Inn Hotel Conversion
to senior housing. 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 obtain a conditional use permit from the city council for the
proposed housing facility in a BC (business commercial) zoning district.
3. The applicant shall complete the site improvements as proposed in the plans.
This includes all landscaping, trash enclosure upgrades, retaining wall repair,
building painting and parking lot and driveway changes and improvements.
4. After its removal, the old parking lot surface shall be restored to lawn and kept
maintained and mowed.
5. The applicant shall comply with the conditions noted in the engineering report by
Jon Jarosch dated June 4, 2014.
6. The applicant shall comply with all requirements of the city’s building official,
assistant fire chief and health officer.
7. The applicant shall obtain approval of a parking waiver from the city council
before beginning this project.
8. The applicant shall provide an irrevocable letter of credit or cash escrow in the
amount of 150 percent of the cost of installing the landscaping, before getting a
building permit.
9. The applicant shall work with the city engineer to provide a safe walkway across
Southlawn Drive for their residents as described in the analysis by SEH dated
July 21, 2014. This installation shall be paid for by the applicant. The applicant
July 28, 2014
City Council Meeting Minutes 27
shall also provide the sidewalk and ADA compliant ramps as shown on the Public
Works Director’s Suggested Pedestrian Way Additions detail dated July 18,
2014.
Resolution 14-7-1107
Conditional Use Permit
WHEREAS, Albert Miller has applied for a conditional use permit to put a multi-
housing seniors housing facility in a BC (business commercial) zoning district;
WHEREAS, Section 44-512 (1) of the BC district requirements states that
a conditional use permit may be granted for “all permitted uses in the R3 district.”
WHEREAS, this permit applies to the property located at 3030 Southlawn Drive.
The property identification number of this property is:
022922220010
WHEREAS, the history of this conditional use permit is as follows:
1. On June 17, 2014, 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 July 28, 2014, 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 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.
July 28, 2014
City Council Meeting Minutes 28
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 site plan date-stamped June 2, 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.
3. The city council shall review this permit in one year.
4. If there is a need for additional parking spaces in the future, the applicant shall
revise the plan to provide additional parking stalls to meet their needs, subject to staff
approval. The applicant shall provide an adequate number of electrical power stations in
the parking lot for residents to use plug-in heaters since there will not be any
underground parking.
5. The applicant shall comply with the conditions stated in the engineering report
dated June 4, 2014.
6. The applicant shall comply with the requirements of the city’s building official,
assistant fire chief and health officer.
7. This permit allows 115 senior housing units consisting of assisted living and
memory care units. Minor changes to this unit count may be approved by staff.
8. The applicant shall work with the city engineer to provide a safe walkway across
Southlawn Drive for their residents.
9. All costs to the city associated with retrieving memory-care residents that “walk-
away” from the proposed seniors residence shall be paid by the applicant.
The Maplewood City Council approved this resolution on July 28, 2014.
Resolution 14-7-1108
Variance Resolution
WHEREAS, Albert Miller applied for a variance from the minimum unit size
requirements for multi-family housing developments. Mr. Miller is requesting that the
July 28, 2014
City Council Meeting Minutes 29
minimum size of memory-care living units in his proposed senior housing facility start at
312 square feet in area;
WHEARAS, city ordinance requires a minimum multi-family unit size of 580
square feet;
WHEREAS, this variance applies to the property at 3030 Southlawn Drive. The
property identification number for this property is:
022922220010
WHEREAS, the history of this variance is as follows:
1. The planning commission held a public hearing on June 17, 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 also considered reports and recommendations from the city staff. The
planning commission recommended that the city council approve this variance.
2. On July 28, 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. Memory-care housing facilities do not require the amount floor area that would be
needed for typical multi-housing developments. Therefore, smaller unit sizes would be
in harmony with the general purposes of the zoning requirements based on the industry
standards for such housing.
2. The proposed assisted-living and memory-care seniors housing facility would be
consistent with the comprehensive plan since the Plan encourages the city to provide
life-cycle housing for its residents.
3. The proposed unit sizes for memory-care units is reasonable since the city
ordinance does not accommodate or address living-quarter sizes for senior citizen
housing or special needs housing such as for memory-care residents. The city’s
requirements for studio or one-bedroom housing units are excessive for those with
intensive-care or memory-care housing needs.
The Maplewood City Council approved this resolution on July 28, 2014.
Seconded by Councilmember Abrams Ayes – Mayor Slawik, Council
Member Abrams and
Juenemann
Nays – Council Member Cardinal
and Koppen
The motion passed.
J. NEW BUSINESS
July 28, 2014
City Council Meeting Minutes 30
1. Approval of Agreement with Yale Mechanical for City-Wide HVAC
Maintenance Services
Public Works Director/City Engineer Thompson gave the staff report.
Councilmember Cardinal moved to approve the Preventive Maintenance Agreement with
Yale Mechanical for City-Wide HVAC Maintenance Services.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
2. Approval of Professional Services Agreement for Municipal Buildings
Asset Management Study, City Project 14-12
Public Works Director/City Engineer Thompson gave the staff report.
Councilmember Cardinal moved to the Public Works Director to sign a Professional
Services Agreement with SHE, Inc. for the Municipal Buildings Asset Management
Study, City Project 14-12 in the amount of $73,000; minor adjustments are approved if
an adjustment in the scope of services is warranted.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. VISITOR PRESENTATION
1. Bob Zick, North St. Paul Resident
2. John Wykoff, Maplewood Resident
M. ADMINISTRATIVE PRESENTATIONS
1. Council Calendar Update
Interim City Manager Coleman gave the council calendar update.
N. COUNCIL PRESENTATIONS
1. National Night Out
Councilmember Juenemann reminded everyone that next Tuesday, August 5th is
National Night Out and encouraged everyone to participate.
July 28, 2014
City Council Meeting Minutes 31
2. Recreational Fires
Councilmember Juenemann mentioned that at the council workshop held prior to the
council meeting, discussion was held regarding the recreation fire ordinance. The Fire
Police Departments will continue to coordinate efforts to education and enforce the
ordinance.
3. Cable Commission Member
Councilmember Cardinal requested a moment of silence for Robert Weisenburger.
Robert was a member of the Cable Commission and an experienced public servant.
Robert passed away on July 19, 2014. Councilmember Abrams contributed additional
comments about Mr. Weisenburger and his contributions to the area.
4. League of Minnesota Cities Legislator of Distinction
Mayor Slawik reported details about a letter she received from the League of Minnesota
Cities recognizing State Legislator Peter Fischer, who represents the City of Maplewood,
as a Legislator of Distinction.
5. Gateway Corridor Commission Alignment
Mayor Slawik gave a report on the Gateway Corridor Commission and the work they are
doing on the Gateway Corridor. Public Works Director/City Engineer Thompson gave a
report on the TAC Planning Committee.
6. Parks & Recreation
This item was covered earlier in the meeting during agenda item G12.
O. ADJOURNMENT
Mayor Slawik adjourned the meeting at 9:20 p.m.