HomeMy WebLinkAbout11-24-2014 City Council Meeting Minutes
November 24, 2014
City Council Meeting Minutes 1
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, November 24, 2014
Council Chambers, City Hall
Meeting No. 19-14
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.
Mayor Slawik requested Mr. Gonzales who served in the US Army to address the council
and report on the Shop, Ship and Share event that took place this past weekend at the
Maplewood Mall. The event was put on by District 4 of the American Legion who partnered
with the US Postal Service. The event was to package goods for service men and women
in the military. Numerous schools participated and donated items to be packed in the
boxes. Elementary school children crafted handwritten cards so they would be in the boxes
when they were opened. Manufactures donated snacks and personal care items to be
included. Shoppers, organizations and the American Legion paid for the shipping of the
approximately 1,000 packages that were sent. Thanks were extended to all those that
donated their time and resources.
Mr. Gonzales then led the council in the pledge of allegiance.
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
Councilmember Abrams requested agenda item J7 be moved to the end of the meeting
after Agenda Item “N” Council Presentations.
Councilmember Cardinal moved to approve the agenda as amended.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of November 10, 2014 City Council Workshop Minutes
Councilmember Abrams moved to approve the November 10, 2014 City Council Workshop
Minutes as submitted.
November 24, 2014
City Council Meeting Minutes 2
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
2. Approval of November 17, 2014 City Council Workshop Minutes
It was noted that the agenda for the November 17, 2014 City Council Workshop had not
been approved.
Councilmember Cardinal moved to approve the November 17, 2014 agenda as submitted.
Seconded by Councilmember Koppen. The motion passed.
Councilmember Abrams moved to approve the November 17, 2014 City Council Workshop
Meeting Minutes as amended.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
3. Approval of November 10, 2014 City Council Meeting Minutes
Councilmember Cardinal moved to approve the November 10, 2014 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Review of Commissioner Reappointment Assessments
a. Approval of Resolution of Reappointment to Commissions
Councilmember Juenemann moved to approve the Resolution for reappointment to the
Planning Commission and Police Civil Service Commission.
Resolution 14-11-1141
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
Hereby appoints the following individuals, who the Maplewood City Council has reviewed,
to serve on the following commissions:
Planning Commission
Paul Arbuckle, term expires 12/31/2017
John Donofrio, term expires 12/31/2017
Police Civil Service Commission
James Meehan, term expires 12/31/2017
November 24, 2014
City Council Meeting Minutes 3
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
G. CONSENT AGENDA
Councilmember Abrams requested agenda items G2, G3 and G4 be highlighted.
Councilmember Abrams moved to pull agenda item G8 from the Consent Agenda.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
Councilmember Koppen moved to approve consent agenda items G1-G7 and G9.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Koppen moved to approve the Approval of Claims.
ACCOUNTS PAYABLE:
$ 187,038.62 Checks # 93613 thru # 93828
dated 11/04/14 thru 11/12/14
$ 312,132.85 Disbursements via debits to checking account
dated 11/03/14 thru 11/07/14
$ 417,526.74 Checks # 93829 thru # 93866
dated 11/12/14 thru 11/18/14
$ 468,957.46 Disbursements via debits to checking account
dated 11/10/14 thru 11/12/14
$ 1,385,655.67 Total Accounts Payable
PAYROLL
$ 547,453.29 Payroll Checks and Direct Deposits dated 11/07/14
$ 640.00 Payroll Deduction check # 9993592 thru # 9993593 dated 11/07/14
$ 548,093.29 Total Payroll
$ 1,933,748.96 GRAND TOTAL
November 24, 2014
City Council Meeting Minutes 4
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
2. Approval of a Memorandum of Understanding (MOU) for the Great Plains
Institute Grant for Commercial/Industrial Energy Efficiency Project
Councilmember Koppen moved to approve the Memorandum of Understanding for funding
arrangements between the City of Maplewood and the Great Plains Institute Grant for a
$5,000 grant for the Commercial/Industrial Energy Efficiency Project (Green Building Code
Incentive Program).
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
3. Approval of a Memorandum of Understanding (MOU) with Sherman and
Associates for the Livable Communities Program Grant
Andrew Hughes, Project Manager with Herman and Associates addressed the council and
gave the report.
Councilmember Koppen moved to approve the city manager sign the attached
Memorandum of Understanding between the City and Maplewood Acquisition LLC.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
4. Approval of a Resolution Authorizing the MPCA Environmental Assistance
Grant for the Commercial/Industrial Energy Efficiency Project
Councilmember Koppen moved to approve the Resolution authorizing the MPCA
Environmental Assistance grant for the Commercial/Industrial Energy Efficiency Project
(Green Building Code Incentive Program) and authorize the City Manager to sign the grant
agreement on behalf of the City.
Resolution 14-11-1142
Resolution Authorizing the MPCA Environmental Assistance Grant for the
Commercial/Industrial Energy Efficiency Project
WHEREAS, in July 2014 the City of Maplewood has applied for a grant from the
Minnesota Pollution Control Agency (MPCA), under its FY 2014-2015 Environmental
Assistance Grant Program; and
WHEREAS, in August 2014 the MPCA awarded Maplewood $20,000 for a
Commercial/Industrial Energy Efficiency Project called the Green Building Code Incentive
Program;
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
November 24, 2014
City Council Meeting Minutes 5
based on the objectives outlined below:
1. Objective 1 of 8 -- Property Accessed Clean Energy Program
Task: Implement a Property Assessed Clean Energy (PACE) program in
Maplewood to offer financial lending opportunities for energy efficiency projects to
all commercial and industrial buildings.
2. Objective 2 of 8 – Partners in Energy
Task: Implement the Partners in Energy program in Maplewood. The program
includes a partnership with Xcel Energy for community support program offering
tools and resources to develop and implement an energy action plan. As part of the
program, the City will appoint an energy action team that will meet over a three-
month period to create the City’s energy goals. One of the goals that will be
outlined in the energy action plan is the implementation of the Green Building Code
incentive program to assist commercial and industrial buildings with energy
efficiency projects.
3. Objective 3 of 8 - Education and Outreach
Task: Provide education and outreach to all commercial and industrial building
owners in Maplewood on the City’s Green Building Code and opportunities for
energy efficiency and sustainability.
4. Objective 4 of 8 -- Incentive Program
Task: Create an incentive program to promote voluntary compliance with the
Maplewood Green Building Code by funding building recommissioning studies and
recommended improvements for commercial and industrial buildings. Properties
participating in the incentive program will be required to implement as many energy
efficiency or sustainability projects specified in the study as the City’s funding can
cover. Properties must also submit three years of energy use performance data to
the City. This data will be entered into separate accounts associated with the City of
Maplewood's Minnesota B3 program.
5. Objective 5 of 8 – B3 Account for Private Properties
Task: Create separate B3 accounts for private properties participating in the
Maplewood Green Building Program.
6. Objective 6 of 8 -- Partnerships
Task: Through education, outreach, and reporting on the Green Building Code the
City will build partnerships with commercial and industrial building owners. This will
allow the City to offer technical assistance and guidance on future building, energy
efficiency, and sustainability projects.
7. Objective 7 of 8 -- Evaluation
Task: Evaluate results of the Maplewood Green Building Program.
8. Objective 8 of 8 - Reporting
Task: Submit reports to the MPCA.
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
November 24, 2014
City Council Meeting Minutes 6
and authorizes and directs Melinda Coleman, City Manager, to sign the grant agreement on
its behalf.
The Maplewood City Council adopts this resolution on November 24, 2014.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
5. Approval of a Conditional Use Permit Review, Kline Auto World, 2610
Maplewood Drive
Councilmember Koppen moved to approve to review the conditional use permit for Kline
Auto World, 2610 Maplewood Drive permit again only if a problem arises or if changes are
proposed.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
6. Approval of a Conditional Use Permit Review, St. Paul Hmong Alliance
Church, 1770 McMenemy Street
Councilmember Koppen moved to approve to extend the approval of the conditional use
permit for the St. Paul Hmong Alliance Church and review again in one year.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
7. Approval of a Conditional Use Permit Review, Agropur, 2080 Rice Street
Councilmember Koppen moved to approve the conditional use permit for a planned unit
development for Agropur, 2080 Rice Street, and review the permit only if problem arises or
if changes are proposed.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
8. Approval of a Conditional Use Permit Review, The Shores at Lake Phalen,
1870 East Shore Drive
Councilmember Abrams had a question regarding the temporary overflow parking lot that
was installed without communicating with City.
City Planner Ekstrand answered questions of council.
Councilmember Abrams moved to approve to review the conditional use permit for The
Shores planned unit development again in April 2015. By that time, the owner of The
November 24, 2014
City Council Meeting Minutes 7
Shores shall begin work with the city for the Phase II expansion of The Shores to rectify the
non-conforming parking lot they installed without city approval. If owner hasn’t started
Phase II with the city, the applicant shall remove the unapproved gravel parking lot to
comply with city ordinance.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
9. Approval of Resolution Accepting Insurance Labor-Management Committee’s
(LMC) Recommendations for Employee Insurance Benefits for 2015
Councilmember Koppen moved to approve the resolution Accepting Insurance Labor-
Management Committee’s (LMC) Recommendations for Employee Insurance Benefits for
2015.
Resolution 14-11-1143
Be it resolved that the Maplewood City Council hereby affirms the recommendations
of Insurance Labor Management Committee regarding 2015 employee insurance benefits
for the City of Maplewood.
Approved this 24th day of November 2014.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
Mayor Slawik requested to go back to Agenda Item D so council members could add
items under Council Presentations.
The following items were added:
N1 Cable Commission
N2 Multi-Ethnic Business Event
N3 Parks & Recreation Commission
N4 Housing & Economic Commission
N5 Historic Preservation Commission
N6 TAB
N7 622 Superintendent Search
N8 Suburban Ramsey Family Collaborative
Councilmember Juenemann moved to approve the added items to council presentations.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
H. PUBLIC HEARING
None
November 24, 2014
City Council Meeting Minutes 8
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Approval of Resolution for 2015 Annual Liquor License Renewals for Club,
Off-Sale, On-Sale, and Wine
City Clerk/Citizen Services Director Haag gave the staff report.
Councilmember Juenemann moved to approve the Resolution for 2015 Annual Liquor
License Renewals for Club, Off-Sale, On-Sale, and Wine.
Resolution 14-11-1144
2015 ANNUAL LIQUOR LICENSE RENEWALS
FOR CLUB, OFF-SALE, ON-SALE AND WINE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
COUNTY, MINNESOTA, that the following On-Sale, Off-Sale, Club and Wine Liquor
Licenses, having been previously duly issued by this Council, are hereby approved for
renewal for one year, effective January 1, 2015, with approvals granted herein subject to
satisfactory results of required Police, Fire, health inspections, and required documentation
submitted:
Off-Sale 3.2 Beer Licenses
Cub Foods #30244
100 County Road B West
Cub Foods #31264
2390 White Bear Avenue
Maplewood Kwik Mart
2150 McMenemy Street North
Rainbow Foods #7300
2501 White Bear Avenue
SuperAmerica #4022
1750 White Bear Avenue
SuperAmerica #4089
11 Century Avenue South
Off-Sale Intoxicating Liquor Licenses
61 Liquors
2700 Maplewood Dr North
A-1 Liquor
19 Century Avenue North
Big Discount Liquor
2515 White Bear Avenue
Costco Wholesale #1021
1431 Beam Avenue East
Cub Discount Liquor
100 West County Road B
Heritage Liquor LLC
1347 Frost Avenue
Maddie’s Liquor
1690 McKnight Road North
Maplewood Wine Cellar
1281 Frost Avenue
November 24, 2014
City Council Meeting Minutes 9
Merwin Liquors
1700-D Rice Street
MGM Liquor Warehouse
2950 White Bear Avenue
Party Time Liquor
1835 East Larpenteur Avenue
Princess Liquor ‘n Tobacco
2728 Stillwater Road
Sarrack’s Int’l. Wine & Spirits
2305 Stillwater Road
White Bear Liquor & Wine
2223 White Bear Avenue
On-Sale 3.2 Beer Licenses
Chipotle Mexican Grill #1438
3095 White Bear Ave North
On-Sale Club License
Maplewood Moose Lodge #963
1946 English Street
On-Sale Intoxicating Liquor Licenses
5-8 Tavern & Grill
2289 Minnehaha Avenue
Acapulco Mexican Restaurant
3069 White Bear Avenue
Aramark
2350 Minnehaha Avenue East
Bleechers Bar & Grill
2220 White Bear Avenue
Buffalo Wild Wings #118
3085 White Bear Avenue
Chili’s Grill & Bar #224
1800 Beam Avenue
Chipotle Mexican Grill #224
2303 White Bear Avenue
Freddy’s Tiki Hut
1820 Rice Street North
Goodrich Golf Course
1820 North Van Dyke
Guldens Roadhouse
2999 North Highway 61
Huey’s Saloon
2425 North Highway 61
Jake’s City Grille
1745 Beam Avenue East
Lancer Catering at Keller Golf Course
2166 Maplewood Drive North
McCarron’s Pub and Grill
1986 Rice Street N
Myth
3090 Southlawn Drive North
Olive Garden #1200
1749 Beam Avenue
Osaka Sushi & Hibachi
1900 County Road D E
Outback Steakhouse #2412
1770 Beam Avenue
Red Lobster #0283
2925 White Bear Avenue
Stargate Dance Club
1700 Rice Street, Suite J
T.G.I. Friday’s #0472
3087 White Bear Avenue
The Dog House Bar & Grill
2029 Woodlynn Avenue East
November 24, 2014
City Council Meeting Minutes 10
The Ponds at Battle Creek
601 Century Avenue South
On-Sale Wine/Strong Beer Licenses
Bambu Asian Cuisine
1715-A Beam Avenue
Noodles & Company
2865 White Bear Avenue
Taste of India
1745 Cope Avenue East
Seconded by Councilmember Abrams Ayes – All
The motion passed.
2. Approval of the Following Resolutions for U-Haul to Expand its Business to
the Former Goodwill Property, 2250 White Bear Avenue
a. A Conditional Use Permit for Indoor Storage in a Commercial Zoning
District
b. A Conditional Use Permit to Lease Motor Vehicles
c. A Variance to Lease Trucks and Trailers Within 350 Feet of Residentially
Zoned Property
Senior Planner Ekstrand gave the staff report and answered questions of the council.
Planning Commissioner Bill Kempe addressed the council and gave the planning
commission report. Christopher Bohlman, President of Southern U-Haul in Minnesota was
present and addressed the council to give additional information and answered questions of
the council.
Councilmember Koppen moved to approve
A. The conditional use permit resolution to allow indoor storage and the leasing of trucks
and trailers in a BC (business commercial) zoning district, located at 2250 White Bear
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 September 15, 2014
approved by the city in addition to the required changes below. 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. The applicant shall submit plans for their site and building improvements to the
community design review board for approval.
5. The building and site changes and improvements shall include the following
requirements:
November 24, 2014
City Council Meeting Minutes 11
a. A decorative six-foot-tall solid screening fence along the easterly lot line to
screen the proposed site from the New Horizon day care center building and
playground. The screening fence shall be also placed in the southeast corner of
the site to fill in a gap in screening. Fencing in this area is subject to the
requirements of the city engineer due to the drainage swale in this corner.
b. Clean-up, maintenance and repair of the former Goodwill building.
c. Resurfacing of the parking lot.
d. Providing a connecting driveway between the existing U-Haul property and the
former Goodwill site. This connecting driveway shall be curbed with concrete
curbing to meet the requirements of city code.
e. Restriping of the parking lot with no parking lot stripes for rental vehicles any
closer than 100 feet to the south property line.
f. Removal of the tall freestanding sign structure. This sign is no longer
considered legal-nonconforming.
6. The applicant shall comply with the requirements of the city’s building official,
assistant fire chief and city engineer.
B. Approval of a variance resolution to allow the leasing of motor vehicles within 350 feet
of property zoned and planned as residential. This variance is based on the findings
that:
1. The proposed setback reduction to 100 feet from the southerly lot line would be in
harmony with the general purposes and intent of the ordinance since the site would
be screened from view from the residential properties to the south and the east by
six-foot-tall screening fences.
2. The proposal is for a commercial venture which is consistent with the Maplewood
Comprehensive Plan for this property.
3. There are practical difficulties in complying with the ordinance. The applicant would
not be able to utilize this site for truck and trailer leasing without a variance since the
entire site is within 350 feet of residential property.
This approval is conditioned upon all rental vehicles being kept at least 100 feet from the
abutting residential property to the south.
Resolution 14-11-1145
CONDITIONAL USE PERMIT
WHEREAS, U-Haul, has applied for a conditional use permit be allowed to lease
trucks and trailers and to operate an indoor-storage facility in a BC (business commercial)
district.
November 24, 2014
City Council Meeting Minutes 12
WHEREAS, Sections 44-512 (4 and 5) of the city ordinances requires a conditional
use permit for used car sales or leasing and for indoor storage facilities in a BC (business
commercial) zoning district.
WHEREAS, this permit applies to the property located at 2255 White Bear Avenue.
The property identification number of this property is:
112922330059
WHEREAS, the history of this conditional use permit is as follows:
1. On November 18, 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 November 24, 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.
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
November 24, 2014
City Council Meeting Minutes 13
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 plans date-stamped September 15, 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 applicant shall submit plans for their site and building improvements to the
community design review board for approval.
5. The building and site changes and improvements shall include the following
requirements:
a. A decorative six-foot-tall solid screening fence along the easterly lot line to
screen the proposed site from the New Horizon day care center building and
playground. The screening fence shall be also placed in the southeast
corner of the site to fill in a gap in screening. Fencing in this area is subject
to the requirements of the city engineer due to the drainage swale in this
corner.
b. Clean-up, maintenance and repair of the former Goodwill building.
c. Resurfacing of the parking lot.
d. Providing a connecting driveway between the existing U-Haul property and
the former Goodwill site. This connecting driveway shall be curbed with
concrete curbing to meet the requirements of city code.
e. Restriping of the parking lot with no parking lot stripes for rental vehicles any
closer than 100 feet to the south property line.
f. Removal of the tall freestanding sign structure. This sign is no longer
considered legal-nonconforming.
6. The applicant shall comply with the requirements of the city’s building official,
assistant fire chief and city engineer.
The Maplewood City Council approved this resolution on November 24, 2014.
Resolution 14-11-1146
VARIANCE RESOLUTION
WHEREAS, U-Haul has applied for a variance to be allowed to lease trucks and
November 24, 2014
City Council Meeting Minutes 14
trailers closer than 350 feet to a residential zoning district.
WHEREAS, this variance applies to the property at 2255 White Bear Avenue. The
property identification numbers for this property is:
112922330059
WHEREAS, Sections 44-512 (5) of the city ordinances requires that used motor
vehicle rental activities be at least 350 feet from a residential district.
WHEREAS, the applicant’s proposed use would be totally within this 350 foot
proximity of two nearby residential districts.
WHEREAS, the history of this variance is as follows:
1. The planning commission held a public hearing on November 18, 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 also considered reports and recommendations from the
city staff. The planning commission recommended that the city council approve
this variance.
2. On November 24, 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 setback reduction to 100 feet from the southerly lot line would be
in harmony with the general purposes and intent of the ordinance since the site
would be screened from view from the residential properties to the south and the
east by six-foot-tall screening fences.
2. The proposal is for a commercial venture which is consistent with the
Maplewood Comprehensive Plan for this property.
3. There are practical difficulties in complying with the ordinance. The applicant
would not be able to utilize this site for truck and trailer leasing without a
variance since the entire site is within 350 feet of residential property.
This approval is conditioned upon all rental vehicles be kept at least 100 feet away from the
abutting residential property to the south.
The Maplewood City Council approved this resolution on November 24, 2014.
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
November 24, 2014
City Council Meeting Minutes 15
3. Approval of Resolution Adopting 2015 Assessment Rates, Public Works
Permit Fees and Park Availability Charges
Assistant City Engineer Love gave the staff report.
Councilmember Cardinal moved to approve the resolution for Adoption of the 2015
Assessment Rates, Public Works Permit Fees, and Park Availability Charges.
Resolution 14-11-1147
ADOPTION OF THE 2015 ASSESSMENT RATES,
PUBLIC WORKS PERMIT FEES, AND PARK AVAILABILITY CHARGES
WHEREAS, the City of Maplewood has established assessment rates, permit fees,
and park availability charges, and
WHEREAS, city staff has reviewed the assessment rates, permit fees, and park
availability charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
1. The proposed assessment and improvement rates hereby attached shall
become effective beginning January 1, 2015. Furthermore the special
assessment rates shall be officially established through a benefit appraisal
analysis.
2. The updated public works fees are approved for all related permit applications
received on or after January 1, 2015.
3. The park availability charge (which has not changed from 2014) shall be
effective beginning January 1, 2015.
4. The rates attached will be reviewed by staff on an annual basis with
recommendations for revision brought to the City Council for consideration.
Adopted by the Maplewood City Council on this 24th day of November 2014.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
4. Approval of Resolution Authorizing a Wetland Buffer Variance for the
Construction of a Garage, 1703 Jessie Street
Environmental Planner Finwall presented the staff report and answered questions of the
council. Planning Commissioner Bill Kempe addressed the council to give the report from
the Planning Commission. Scott Miller, applicant/owner addressed the council to give
additional information.
Councilmember Juenemann moved to approve the resolution authorizing a wetland buffer
variance for the construction of a garage at 1703 Jessie Street. Approval is based on the
November 24, 2014
City Council Meeting Minutes 16
following reasons:
1. Strict enforcement of the ordinance would cause the applicant practical difficulties
because complying with the wetland buffer requirement stipulated by the ordinance
would prohibit the building of any permanent structures, substantially diminishing the
potential of this lot.
2. Approval of the wetland buffer variance will redirect stormwater from the garage and
future hard surface driveway to a rain garden and areas near the wetland will no longer
be maintained as a mowed lawn, but allowed to grow as a naturalized area.
3. Approval would meet the spirit and intent of the ordinance since the proposed garage
would be built in an area that is already maintained as lawn.
Approval of the wetland buffer variance shall be subject to the following:
1. Shift the garage 3 feet to the south to maintain a 5-foot setback from the house and
increase the setback to the wetland from 30 feet to 33 feet.
2. Install a gutter on the north side of the garage and a downspout on the northeast corner
of the garage which directs water to a rain garden.
3. Install a rain garden on the northeast corner of the garage, adjacent the driveway. The
rain garden will be designed to infiltrate water from the garage roof and future hard
surface driveway. Rain garden design plans to be approved by the City engineer prior
to issuance of a building permit.
4. Discontinue maintaining the area to the north of the applicants’ property line, within the
City property, as mowed lawn area. Allow this area to grow as a naturalized area
adjacent the wetland. If the owner would prefer to restore this portion of the lawn to
native plants at their own expense, the City would allow for that but would need to
approve restoration plans.
5. The applicants should submit an escrow to cover up to 150 percent of the cost of the
gutter, downspout, and rain garden. The escrow will be released when the gutter,
downspout, and rain garden are installed per the City’s approval.
Resolution 14-11-1148
VARIANCE RESOLUTION
WHEREAS, Scott and Ann Miller applied for a variance from the wetland ordinance.
WHEREAS, this variance applies to the property located at 1703 Jessie Street,
Maplewood, MN. The property identification number is 17-29-22-34-0052. The legal
description is Lot 4, Block 7, Kings Addition to the City of St. Paul, Ramsey Co., Minnesota.
WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams)
requires a wetland buffer of 75 feet adjacent to Manage B wetlands.
WHEREAS, the applicants are proposing to construct a garage to within 30 feet of a
November 24, 2014
City Council Meeting Minutes 17
Manage B wetland, requiring a 42-foot wetland buffer variance.
WHEREAS, the history of this variance is as follows:
1. On November 17, 2014, the Environmental and Natural Resources Commission
reviewed the variance and recommended approval of the wetland buffer variance to the
Planning Commission and City Council.
2. On November 18, 2014, the Planning Commission held a public hearing to review this
proposal. City staff published a notice in the paper and sent notices to the surrounding
property owners as required by law. The Planning Commission gave everyone at the
hearing a chance to speak and present written statements. The Planning Commission
also considered the report and recommendation of the city staff and Environmental and
Natural Resources Commission. The Planning Commission recommended approval of
the wetland buffer variance to the City Council.
3. The City Council held a public meeting on November 24, 2014, to review this proposal.
The City Council considered the report and recommendations of the city staff, the
Environmental and Natural Resources Commission, and the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above-
described variance based on the following reasons:
1. Strict enforcement of the ordinance would cause the applicant practical difficulties
because complying with the wetland buffer requirement stipulated by the ordinance
would prohibit the building of any permanent structures, substantially diminishing the
potential of this lot.
2. Approval of the wetland buffer variance will redirect stormwater from the garage to a
rain garden and areas near the wetland will no longer be maintained as a mowed lawn,
but allowed to grow as a naturalized area.
3. Approval would meet the spirit and intent of the ordinance since the proposed garage
would be built in an area that is already maintained as lawn.
Approval of the wetland buffer variance shall be subject to the following:
1. Shift the garage 3 feet to the south to maintain a 5-foot setback from the house and
increase the setback to the wetland from 30 feet to 33 feet.
2. Install a gutter on the north side of the garage and a downspout on the northeast corner
of the garage which directs water to a rain garden.
3. Install a rain garden on the northeast corner of the garage, adjacent the driveway. The
rain garden will be designed to infiltrate water from the garage roof and future hard
surface driveway. Rain garden design plans to be approved by the City engineer prior
to issuance of a building permit.
4. Discontinue maintaining the area to the north of the applicant’s property line, within the
City property, as mowed lawn area. Allow this area to grow as a naturalized area
adjacent the wetland. If the owner would prefer to restore this portion of the lawn to
November 24, 2014
City Council Meeting Minutes 18
native plants at their own expense, the City would allow for that but would need to
approve restoration plans.
5. The applicants should submit an escrow to cover up to 150 percent of the cost of the
gutter, downspout, and rain garden. The escrow will be released when the gutter,
downspout, and rain garden are installed per the City’s approval.
The Maplewood City Council approved this resolution on November 24, 2014.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
5. Approval of the Following Actions for the Partners in Energy Program:
a. Approve the Memorandum of Understanding for the Partners in Energy
Program
b. Appoint a City Councilmember to Serve on the Energy Action Team
c. Approve the Energy Action Team Members
Environmental Planner Finwall introduced the report. Joe Ballandby, Minnesota
GreenCorps Member addressed the council to give the report and answer questions of the
council. Tami Gunderzik, representative from Xcel Energy addressed the council to give
additional information and answer questions of the council. Housing & Economic
Development Commission Jenkins addressed the council to give the Housing & Economic
Development Commission report.
Councilmember Juenemann moved to approve the Memorandum of Understanding for the
Partners in Energy program.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Abrams moved to approve to appoint Councilmember Juenemann to serve
on the Energy Action Team.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann moved to appoint Councilmember Abrams as the alternative
on the Energy Action Team.
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
Councilmember Abrams moved to approve to appoint Energy Action Team members as
outlined in the staff report and additionally to invite Maplewood Mall to participate and 3M to
participate.
November 24, 2014
City Council Meeting Minutes 19
1. Housing and Economic Development Commission (HEDC) Representative
a. Commissioners Gansluckner and Tkachuck were appointed to the energy
action team by the HEDC Commission on November 12.
2. Environmental and Natural Resources (ENR) Commission Representative
a. Commissioners Miller and Sinn were appointed to the energy action team by
the Commission on November 17.
3. City Council Representative
4. Resident Member at Large
a. Matt Ledvina, resident and Community Design Review Board member, has
volunteered to serve on the energy action team.
5. Business Member at Large
a. Jill Skogheim, owner of the 5-8 Club and member of the St. Paul Area
Chamber of Commerce, has volunteered to serve on the energy action team.
6. Business Associations
a. St. Paul Area Chamber of Commerce (Jill Skogheim – see above)
b. White Bear Avenue Business Association
7. Staff Members
a. Nick Carver, Building Official
b. Shann Finwall, Environmental Planner
c. Chris Swanson, Environmental Specialist
d. Joe Ballandby, GreenCorps Member
e. One representative from building operations
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
6. Discussion on Municipal Continuing Disclosure Cooperative Initiative
Compliance.
Finance Director Bauman gave the staff report and answered questions of the council.
Terri Heaton from Springsted addressed the council to provide additional information and
answer questions of the council. All council members participated in the discussion and felt
it was immaterial to self-report at this time.
The following agenda item J7 was moved to the end of the agenda (after N8).
7. Approval of Employment Agreement – City Manager Melinda Coleman.
Human Resource Attorney Bethel stated the meeting will be closed as permitted by Section
13D to discuss Labor Negotiations with City Manager Melinda Coleman.
Mayor Slawik moved to enter into closed session for the purpose of discussing the
Employment Agreement with Melinda Coleman.
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
The following individuals were present during the closed session:
Mayor Slawik
November 24, 2014
City Council Meeting Minutes 20
Council Members Abrams, Cardinal, Juenemann and Koppen
City Clerk Haag.
Human Resource Attorney Bethel
Mayor Slawik reopened the meeting at 9:45 p.m.
Human Resource Attorney Bethel gave a summary of the closed session regarding the
Employment Agreement with Melinda Coleman.
8. Motion to Cancel the December 22, 2014 City Council Meeting
City Clerk Haag gave the staff report.
Councilmember Juenemann moved to approve the cancellation of the December 22, 2014
City Council meeting.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. VISITOR PRESENTATION
None
M. ADMINISTRATIVE PRESENTATIONS
1. Council Calendar Update
City Manager Coleman gave the update to the council calendar.
N. COUNCIL PRESENTATIONS
1. Cable Commission
Councilmember Abrams gave an update on the Cable Commission. Tim Finnerty,
Executive Director of the Cable Commission will be giving presentations to the 12 cities
involved in the cable commission. Cities will be asked to consider whether or not all the
council meetings should be presented on channel 98 at no cost which will require City
Council approval. Cities that opt-in will be televised on channel 98 throughout the 12 city
area.
An additional cable commission meeting was added on December 15, 2014 due to a
number of items that needed to be discussed before the end of the year. At the most
recent cable commission meeting, Century Link approached the cable commission and is
interested in coming in as a competitor, competing against Comcast.
There was a decision made at the Cable Commission Meeting recommending that the GTN
November 24, 2014
City Council Meeting Minutes 21
department expenses be financed using PEG grant money which will result in an increase
for Maplewood’s equipment of about $101,000.
2. Multi-Ethnic Business Event
Councilmember Abrams reported on the Multi-Ethnic Business event that is scheduled for
February 26, 2014.
3. Parks & Recreation Commission
Councilmember Abrams reported on the Parks and Recreation Commission meeting held
on November 19, 2014.
4. Housing & Economic Commission
Councilmember Koppen reported on the Housing & Economic Commission meeting held on
November 12, 2014.
5. Historic Preservation Commission
Councilmember Koppen reported that at the Historic Preservation Commission meeting
they conducted a secret ballot for person of the year which will soon be announced.
6. TAB
Mayor Slawik reported on the last TAB meeting she attended.
7. 622 Superintendent Search
Mayor Slawik reported that Patty Phillips is retiring from her position of Superintendent from
District 622. She encouraged council members to attend an elected officials meeting to
comment on what kind of leader they would like to see as her replacement.
8. Suburban Ramsey Family Collaborative
Mayor Slawik reported on the Suburban Ramsey Family Collaborative meeting that Chief
Schnell had attended as an alternate. Chief Schnell gave additional information about the
meeting.
Mayor Slawik requested Chief Schnell comment from a public safety standpoint regarding
the current situation in Ferguson, Missouri.
O. ADJOURNMENT
Mayor Slawik adjourned the meeting at 9:46 p.m.