HomeMy WebLinkAbout05-26-2015 City Council Meeting Minutes
May 26, 2015
City Council Meeting Minutes 1
FMINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Tuesday, May 26, 2015
Council Chambers, City Hall
Meeting No. 10-15
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to
order at 7:00 p.m. by Mayor Slawik.
Mayor Slawik highlighted the Living Streets Award article mentioned in the Minnesota Cities
publication and congratulated staff on the hard work that they have and continue to do to make
the program such a success.
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
The following items were added to the agenda:
N1 Hmong-America Memorial
N2 Historical Preservation Meeting
N3 Ice Cream Social at Joy Park
N4 Memorial Day Event
N5 Rebranding Survey
Councilmember Abrams moved to approve the agenda as amended.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of May 11, 2015 City Council Workshop Minutes
Councilmember Cardinal moved to approve the May 11, 2015 City Council Workshop Minutes
as submitted.
Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council Members
Cardinal, Juenemann and
Koppen
Abstain - Councilmember Abrams
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City Council Meeting Minutes 2
The motion passed.
2. Approval of May 11, 2015 City Council Meeting Minutes
Councilmember Juenemann moved to approve the May 11, 2015 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Approval of a Resolution of Appreciation for Environmental and Natural
Resources Commissioner Randee Edmundson
Environmental Planner Finwall gave the presentation.
Councilmember Juenemann moved to approve the Resolution of Appreciation for
Environmental and Natural Resources Commissioner Randee Edmundson.
Resolution 15-5-1207
Resolution of Appreciation
WHEREAS, Randee Edmundson has been a member of the Maplewood
Environmental and Natural Resources Commission for five years and two months, serving
from February 8, 2010 to April 20, 2015. Ms. Edmundson has served faithfully in those
capacities; and
WHEREAS, the Environmental and Natural Resources Commission has appreciated
her experience, insights and good judgment; and
WHEREAS, Ms. Edmundson has freely given of her time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, Ms. Edmundson has shown dedication to her duties and has consistently
contributed her leadership and efforts for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that Randee Edmundson is hereby extended our
gratitude and appreciation for her dedicated service.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
2. Approval of 2014 Housing Economic Development Commission Annual Report
HEDC Chairperson Jenkins provided the report.
Councilmember Juenemann moved to approve the 2014 Housing Economic Development
Commission Annual Report.
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City Council Meeting Minutes 3
Seconded by Councilmember Abrams Ayes – All
The motion passed.
3. Proclamation Recognizing National CPR/AED Awareness Week June 1-7, 2015
Councilmember Abrams moved to approve the Proclamation Recognizing National CPR/AED
Awareness Week June 1-7, 2015.
Seconded by Mayor Slawik Ayes – All
The motion passed.
G. CONSENT AGENDA
Councilmember Koppen moved to approve consent agenda items G1-G9 and G11-G17.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Koppen moved to approve the Approval of Claims.
ACCOUNTS PAYABLE:
$ 214,294.62 Checks # 95019 thru # 95081
dated 05/01/15 thru 05/12/15
$ 401,316.04 Disbursements via debits to checking account
dated 05/04/15 thru 05/08/15
$ 385,286.03 Checks #95082 thru #95118
dated 05/12/15 thru 05/19/15
$ 559,764.56 Disbursements via debits to checking account
dated 05/11/15 thru 05/15/15
$ 1,560,661.25 Total Accounts Payable
PAYROLL
$ 528,170.04 Payroll Checks and Direct Deposits dated 05/0/15
$ 1,191.53 Payroll Deduction check # 9994957 thru #9994959
dated 05/08/15
$ 529,361.57 Total Payroll
$ 2,090,022.82 GRAND TOTAL
Seconded by Councilmember Juenemann Ayes – All
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City Council Meeting Minutes 4
The motion passed.
2. Approval of Resolution Authorizing Purchase of Insurance Agent Services
Councilmember Koppen moved to approve the resolution to retain Arthur J. Gallagher and
Company as insurance agent for the City of Maplewood at a cost of $12,000.
Resolution 15-5-1208
BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the
broker of record and insurance agent at a cost of $12,000 for the insurance year starting July
1, 2015 and continuing through June 30, 2016.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
3. Approval of Resolution to Adopt State Performance Measures
Councilmember Koppen moved to approve the resolution to adopt State Performance
Measures.
Resolution 15-5-1209
Adopting State Performance Measures
WHEREAS, the Minnesota Legislature created a Council on Local Results and
Innovation; and
WHEREAS, participation in the program may assist the City of Maplewood in improving
service delivery and enhancing communication with residents;
BE IT RESOLVED THAT
the City does hereby adopt and will implement the minimum 10 performance measures
developed by the Council on Local Results and Innovation;
the City has implemented a local performance measurement system;
the City will survey its residents by the end of the calendar year on the services included in the
performance benchmarks;
the City will report the results of the 10 adopted measure to its residents before the end of the
calendar year through publication, posting on the entity’s website, or through a public hearing
at which the budget and levy will be discussed and public input allowed.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
4. Approval to Close Debt Service Funds
Councilmember Koppen moved to approve the Finance Director make all entries necessary to
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City Council Meeting Minutes 5
account for the transfers and move any remaining balance sheet accounts to the new funds.
From To
Amount Fund Series Fund Series
$2,150,105.54 366 2012B Bonds 351 2004E Bonds
311,744.23 371 2015A Bonds 353 2005A Bonds
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
5. Approval of Temporary Lawful Gambling - Local Permits for Ramsey Nursing
Home Foundation, 2000 White Bear Avenue
Councilmember Koppen moved to approve the Temporary Lawful Gambling - Local Permits
for Ramsey Nursing Home Foundation, 2000 White Bear Avenue.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
6. Approval of a Fee Waiver for a Temporary Food Sales Permit Fee for North East
Soccer Association
Councilmember Koppen moved to approve to waive the fees in the amount of $165.00 for a
Temporary Food Sales Permit for the North East Soccer Association to be used for their event
on June 5, 2015 through June 7, 2015.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
7. Approval of Motion for Second Reading of Ordinance Amending Chapter 14,
Article XVIII Relating to the Sale of Tobacco-Related Products
Councilmember Koppen moved to approve the language in Section 14-1377 incorporating the
motion made at the second reading held on May 11, 2015.
ORDINANCE NO. 947
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE XVIII OF THE CITY CODE OF
ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS
The Maplewood City Council approves the following revision to the Maplewood Code of
Ordinances:
ARTICLE XVIII. - TOBACCO-RELATED PRODUCTS
Sec. 14-1371. - Recitals.
Sec. 14-1372. - Purpose.
Sec. 14-1373. - Definitions.
Sec. 14-1374. - License required.
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Sec. 14-1375. - Basis for denial of license.
Sec. 14-1376. - Prohibited sales.
Sec. 14-1377. - Smoking prohibited.
Sec. 14-1378. - Compliance checks and inspections.
Sec. 14-1379. - Violations and penalty.
Secs. 14-1380—14-1400. - Reserved.
ARTICLE XVIII. - TOBACCO-RELATED PRODUCTS
FOOTNOTE(S):
--- (10) ---
Editor's note— Ord. No. 920, §§ 1—9, adopted Mar. 26, 2012, amended Art. XVIII in its entirety to
read as set out herein. Former Art. XVIII, §§ 14-1371, 14-1372, pertained to similar subject matter
and derived from Ord. No. 823, § 10-22, adopted Feb. 25, 2002.
State Law reference— Authority of city to license and regulate the sale of tobacco, Minn. Stats. §
461.12.
Sec. 14-1371. - Recitals.
The Minnesota Legislature has enacted the Minnesota Clean Indoor Air Act (Minn. Stats.,
§§ 144.411 to 144.417), the purpose of which is to protect employees and the general public from
the hazards of secondhand smoke by eliminating smoking in public places, places of employment,
public transportation and at public meetings, and nothing in the Minnesota Clean Air Act prohibits
the city from enacting and enforcing more stringent measures to protect individuals from
secondhand smoke. Pursuant to this authority and for the purpose of protecting individuals from
the hazards of secondhand smoke, the city has determined that it is in the best interest of the
public to prohibit the lighting of tobacco or the use of an electronic delivery device in a retail
establishment by a customer or potential customer for the purpose of sampling tobacco products or
electronic delivery devices.
(Ord. No. 920, § 1, 3-26-2012)
Sec. 14-1372. - Purpose.
The city recognizes the public health hazards of exposure of individuals to secondhand
smoke. This article is intended to regulate the sale, possession, and use of tobacco, tobacco-
related devices, electronic delivery devices, and nicotine or lobelia delivery products for the
purpose of enforcing and furthering existing laws, to protect minors against the serious effects
associated with the illegal use of tobacco, tobacco-related devices, electronic delivery devices, and
nicotine or lobelia delivery products to protect individuals from the hazards of secondhand smoke
and tobacco use, and to further the official public policy of the State of Minnesota as stated in Minn.
Stats. §§ 144.391 and 144.412, as they may be amended from time to time.
(Ord. No. 920, § 2, 3-26-2012)
Sec. 14-1373. - Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given
their commonly accepted definitions. For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different meaning:
Child-resistant packaging means packaging that meets the definition set forth in Code of
Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015 and was tested in
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accordance with the method described in Code of Federal Regulations, title 16, section 1700.20,
as in effect on January 1, 2015.
Cigar means any roll of tobacco that is wrapped in tobacco leaf or in any substance
containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minn.
Stat. §297F.01, subd.3, as amended from time to time.
Compliance checks means the system the city uses to investigate and ensure that those
authorized to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine or
lobelia delivery products are following and complying with the requirements of this article.
Compliance checks shall involve the use of minors as authorized by this article.
Compliance checks shall also mean the use of minors who attempt to purchase tobacco,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products for
educational, research and training purposes as authorized by state and federal laws. Compliance
checks may also be conducted by other units of government for the purpose of enforcing
appropriate federal, state or local laws and regulations relating to tobacco, tobacco-related devices,
electronic delivery devices, and nicotine or lobelia delivery products.
Electronic delivery devices means any product containing or delivering nicotine, lobelia, or
any other substance intended for human consumption that can be used by a person to stimulate
smoking in the delivery of nicotine or any other substance through inhalation of vapor from the
product. Electronic Delivery Device includes any component part of such a product whether or not
sold separately. Electronic Delivery Device does not include any product that has been approved
or otherwise certified by the United States Food and Drug Administration for legal sales for use in
tobacco cessation treatment for other medical purposes, and is being marketed and sold solely for
that approved purpose.
Individually packaged means the practice of selling any tobacco or tobacco product
wrapped individually for sale. Individually-wrapped tobacco and tobacco products shall include, but
[shall] not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco
in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other
packaging containing more than a single pack or other container as described in this definition shall
not be considered individually packaged.
Indoor area means all space between a floor and a ceiling that is bounded by walls,
doorways, or windows, whether open or closed, covering more than 50 percent of the combined
surface area of the vertical planes constituting the perimeter of the area. A wall includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent. A
0.001 gauge window screen with an 18 by 16 mesh count is not considered a wall.
Loosies means the common term used to refer to a single or individually-packaged cigar or
cigarette, or any other tobacco product that has been removed from its packaging and sold
individually. The term "loosies" does not include individual cigars with a retail price, before any
sales taxes, of more than $2.60 per cigar.
Minor means any natural person who has not yet reached the age of eighteen (18) years.
Moveable place of business means any form of business operated out of a kiosk, truck,
van, automobile or other type of vehicle or transportable shelter and not a fixed-address storefront
or other permanent type of structure authorized for sales transactions.
Nicotine or lobelia delivery products means any product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco or an
electronic delivery device as defined in this section, not including any product that has been
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approved or otherwise certified for legal sale by the United States Food and Drug Administration
for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed
and sold solely for that approved purpose.
Retail establishment means any place of business where tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products are available for sale to the
general public. The phrase shall include, but not be limited to, grocery stores, convenience stores,
restaurants, and drug stores.
Sale means any transfer of goods for money, trade, barter or other consideration.
Self-service merchandising means open displays of tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products in any manner where any person
shall have access to the tobacco, tobacco-related devices, electronic delivery devices, or nicotine
or lobelia delivery products, without the assistance or intervention of the licensee or the licensee's
employee. The assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product between
the customer and the licensee or employee. Self-service sales are interpreted as being any sale
where there is not an actual physical exchange of the product between the clerk and the customer.
Smoking means inhaling or exhaling smoke from any lighted or heated cigar, cigarette,
pipe, or any other tobacco or plant product, or inhaling or exhaling vapor from any electronic
delivery device. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any
other lighted or heated tobacco or plant product intended for inhalation.
Tobacco means any product containing, made, or derived from tobacco that is intended for
human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means, or any component, part, or accessory of a tobacco product including
but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut,
ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine
cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of
tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has
been approved by the United States Food and Drug Administration for sale as a tobacco cessation
product, as a tobacco dependence product, or for other medical purposes, and is being marketed
and sold solely for such an approved purpose.
Tobacco-related devices means pipes, rolling papers, ashtrays, or other device
intentionally designed or intended to be used in a manner which enables the chewing, sniffing or
smoking of tobacco or tobacco products.
Vending machine means any mechanical, electric or electronic, or other type of device
which dispenses tobacco, tobacco-related devices, electronic delivery devices, or nicotine or
lobelia delivery products upon the insertion of money, tokens or other form of payment directly into
the machine by the person seeking to purchase the tobacco, tobacco-related device, electronic
delivery device, or nicotine or lobelia delivery product.
(Ord. No. 920, § 3, 3-26-2012)
Sec. 14-1374. - License required.
(a) Generally. No person may directly or indirectly or by means of any device keep for retail
sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery products at any place
in the city unless a license has first been issued by the city as provided in this section.
(b) Specifically.
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(1) Application. An application for a license shall be made on a form provided by the city.
The application shall contain the full name of the applicant, the applicant's residential
and business addresses, and telephone numbers, the name of the business for
which the license is sought, and any additional information the city deems
necessary.
(2) Action. Upon receipt of a completed application, the city clerk shall forward the
application to the police department for investigation. The police department shall
conduct an investigation of the applicant and application regarding the fitness of the
applicant to hold a license pursuant to the standards set forth in this article, and
report the results of its investigation to the city clerk within 30 days of receipt of the
application. After the city finishes its investigation and reviews the finding, the
application will be approved or denied by the city manager or his designee. If the
application is approved, it will be issued by the city clerk. If the city manager or his
designee denies the application, notice of the denial shall be given to the applicant
along with notification of the applicant's right to appeal the decision.
(3) Fees. No license shall be issued under this article until the appropriate license or
investigation fee is paid in full. The fee(s) shall be established by the city council by
resolution from time to time.
(4) Duration. Licenses issued under this division shall have a duration period of one year.
The expiration date of such license is as may be imposed, set, established and fixed by
the city clerk, from time to time.
(5) Sanctions for violation. Shall be set by the city council at penalty phase not to be less
than state mandated guidelines.
(6) Transfers. All licenses issued under this article shall be valid only on the premises for
which the license was issued and only for the person to whom the license was issued.
(7) Moveable place of business. No license shall be issued to a moveable place of
business. Only fixed-location businesses shall be eligible to be licensed under this
article.
(8) Display. All licenses shall be posted and displayed in plain view of the general public on
the licensed premises.
(9) Renewals. The renewal of a license issued under this article shall be handled in the
same manner as the original application. The request for a renewal shall be made at
least 30 days prior, but no more than 60 days before the expiration of the current
license. The license holder is not entitled to an automatic renewal of the license.
(10) Sale by minors. It shall be unlawful for any business licensed under this article to
allow any person under the age of 18 years to sell, offer for sale, or attempt to sell
tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia
delivery products.
(Ord. No. 920, § 4, 3-26-2012)
Sec. 14-1375. - Basis for denial of license.
The following shall be grounds for denying the issuance of or renewal of a license under
this article; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the
discovery that the person was ineligible for the license under this section:
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(1) The applicant is under the age of 18;
(2) The applicant has been convicted within the past five years of any violation of a federal,
state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco-
related devices, electronic delivery devices, or nicotine or lobelia delivery products.
(3) The applicant has had a license to sell tobacco, tobacco-related devices, electronic
delivery devices, or nicotine or lobelia delivery products revoked or suspended within
the preceding 12 months of the date of application.
(4) the applicant fails to provide any information required on the application, or provides
false or misleading information.
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or other
regulation, from holding such a license.
(6) Nonpayment by the property owner and/or applicant of any fees or charges owed to the
city and/or county, including, but not limited to, utilities and property taxes.
(Ord. No. 920, § 5, 3-26-2012)
Sec. 14-1376. - Prohibited sales.
(a) Generally. It shall be a violation of this article for any person to sell or offer to sell any
tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery
product:
(1) To a minor;
(2) By a vending machine;
(3) By self-service;
(4) As loosies;
(5) Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana,
or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and
other substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process; and/or
(6) To any other person, in any other manner or form prohibited by federal or state law or
regulation, or by local ordinance.
(b) Specifically.
(1) Cigars. It shall be a violation of this ordinance to sell, offer for sale, or otherwise
distribute any cigar that is not within an original package containing fewer than five
cigars, unless that package has a sales price of no less than $2.60 per cigar contained
within. Cigars to which price promotions or discounts apply shall not be excluded from
this restriction.
(a) This section shall not apply to premium cigars as defined in Minnesota Statutes
297F.01, subdivision 13a.
(b) The minimum pricing established in this section shall be adjusted periodically for
inflation at least every three years.
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(c) The minimum retail sales price of an original package of five or more cigars shall be
at least $10.40, after any price promotions or discounts are taken into account and
before the imposition of sales tax.
(2) Liquid Packaging. It shall be a violation of this ordinance to sell any liquid, whether or
not such liquid contains nicotine, intended for human consumption and use in an
electronic delivery device, in packaging that is not child-resistant. Upon request, a
licensee shall provide a copy of the certificate of compliance or full laboratory testing
report for the packaging used.
(Ord. No. 920, § 6, 3-26-2012)
Sec. 14-1377. - Smoking prohibited.
Smoking shall not be permitted and no person shall smoke within the indoor area of any
establishment with a tobacco license. Smoking for the purpose of sampling tobacco, tobacco-
related devices, or electronic delivery devices is also prohibited except for the following addresses
which are grandfathered in upon passage of Ordinance 947: 2515 White Bear Avenue N, 1700
Rice Street N, 1703 Cope Avenue E, 3035 White Bear Avenue N. When the establishments are
sold, rented or change hands the address will continue to qualify for cigarette or tobacco licenses
but will not be permitted to allow e-cigarette sampling. Signage must be posted as directed by
State of Minnesota Administrative Rules.
(Ord. No. 920, § 7, 3-26-2012)
Sec. 14-1378. - Compliance checks and inspections.
All licensed premises shall be open to inspection by the city police or other authorized city
official during regular business hours. From time to time, but at least once per year, the city shall
conduct compliance checks by engaging with the written consent of their parents or guardians,
minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to
purchase tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia
delivery products. Minors used for the purpose of compliance checks shall be supervised by city
designated law enforcement officers or other designated city personnel. Minors used for
compliance checks shall not be guilty of unlawful possession of tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products when those items are obtained
as a part of the compliance check. No minor used in compliance checks shall attempt to use a
false identification misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minor's age asked by the licensee or his or
her employee and shall produce any identification, if any exists, for which he or she is asked.
(Ord. No. 920, § 8, 3-26-2012)
Sec. 14-1379. - Violations and penalty.
(a) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this article.
(b) Administrative penalties.
(1) Licensees. Any licensee found to have violated this article, or whose employee shall
have violated this article, shall be charged an administrative fine of $250.00 for a first
violation of this article; $500.00 for a second offense at the same licensed premises
within a 24-month period; and $750.00 for a third or subsequent offense at the same
location within a 24-month period. In addition, after the third offense the license shall
be suspended for not less than seven consecutive days.
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(2) Other individuals. Other individuals, other than minors regulated by this article, found
to be in violation of this article shall be charged an administrative fine of $50.00.
(3) Minors. Minors found in unlawful possession of or who unlawfully purchase or
attempt to purchase, tobacco, tobacco-related devices, electronic delivery devices,
or nicotine or lobelia delivery products, shall be subject to an administrative fine, or
may be subject to tobacco-related education classes, diversion programs,
community services, or another penalty that the city believes will be appropriate and
effective. The administrative fine or other penalty shall be established by city council
ordinance upon the city council's consultation with interested parties of the courts,
educators, parents and children to determine an appropriate penalty for minors in the
city. This administrative fine or other penalty may also be established from time to
time by the ordinance establishing fees and charges, as it may be amended from
time to time.
(4) Statutory penalties. If the administrative penalties authorized to be imposed by Minn.
Stats. § 461.12, as it may be amended from time to time, differ from those
established in this section, then the higher penalties shall prevail.
(Ord. No. 920, § 9, 3-26-2012)
Secs. 14-1380—14-1400. - Reserved.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
8. Approval to Dispose of Fire Department Vehicles
Councilmember Koppen moved to approve the disposal of the 1997 Peterbilt Custom Built fire
truck and 2000 Peterbilt Custom Built fire truck.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
9. Approval of a Conditional Use Permit Review, Beaver Lake Elementary School,
1060 Sterling Street
Councilmember Koppen moved to approve to review the conditional use permit for Beaver
Lake Elementary again in one year.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
10. Approval of a Conditional Use Permit Review, Plaza 3000 Shopping Center, 3000
White Bear Avenue
Councilmember Juenemann moved to approve to review the conditional use permit for Plaza
3000 Shopping Center again in six months.
Seconded by Councilmember Abrams Ayes – All
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City Council Meeting Minutes 13
The motion passed.
11. Approval of a Conditional Use Permit Review, Verizon Wireless Ground
Equipment at Hillwood Drive and Sterling Street
Councilmember Koppen moved to approve to review the conditional use permit for cell phone
and public safety communications facility at the St. Paul Regional Water Services water tower
site again in one year.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
12. Approval to Accept 2015 Spring Clean Up Summary
Councilmember Koppen moved to approve to accept the 2015 Spring Clean Up Summary.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
13. Approval of a Memorandum of Understanding for the Implementation Phase of
Partners in Energy
Councilmember Koppen moved to approve the Memorandum of Understanding for the
implementation phase of Partners in Energy.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
14. Approval of Resolution of Support for the Institutionalization of the Regional
Indicators Initiative
Councilmember Koppen moved to approve the resolution supporting the Institutionalization of
the Regional Indicators Initiative.
Resolution 15-5-1210
Regional Indicators Initiative – Institutionalization
WHEREAS, the Regional Council of Mayors (“RCM”), is composed of the mayors of
Minneapolis, St. Paul and 47 municipalities in the developed and developing suburbs. The
collaborative partnership provides a non-partisan platform focused on building action
strategies to raise overall economic competitiveness, accelerate innovation and improve the
quality of life in the MSP region; and
WHEREAS, the Regional Indicators Initiative collects, analyzes, and makes publically
available citywide environmental metrics (energy, water, travel, waste, and greenhouse gas
emissions) for Minnesota cities; and
WHEREAS, the five-year plan for the institutionalization of the Regional Indicators
Initiative includes: a peer review of the project’s methodology by a third party, the creation of
an automated online database to manage the data, the collection of Regional Indicators data
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City Council Meeting Minutes 14
for all metropolitan area cities and counties, support for cities in using Regional Indicators data
to integrate energy planning into the comprehensive planning process, the establishment of a
utility repository for community scale energy data, the collection of Regional Indicators data for
all cities and counties in the state of Minnesota, and the continued public tracking of Regional
Indicators data to measure progress toward city-, region-, and state-wide goals;
NOW, THEREFORE, BE IT RESOLVED, that as elected leaders representing cities in
Minnesota’s fast-growing 11-county metropolitan region, we hereby declare that we support
the planned institutionalization of the Regional Indicators Initiative.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
15. Approval to Purchase Sanitary Sewer Lift Station Emergency Generator
Councilmember Koppen moved to approve the purchase of the 100kW Portable Generator
under MN State Contract #0000244062 from Cummins NPower, LLC totaling $73,475.00.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
16. Approval of Resolution Approving Final Payment and Acceptance of Project, Fire
Station 1 Improvements (South Fire Station), City Project 12-14
Councilmember Koppen moved to approve the resolution Approving Final Payment and
Acceptance of Project for Fire Station 1 Improvements (South Fire Station), City Project 12-14.
Resolution 15-5-1211
Approving Final Payment and Acceptance of Project
Project 12-14
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvements Project 12-14, Fire Station 1 Improvements (South Fire Station), and has let a
construction contract, and
WHEREAS, the City Engineer for the City of Maplewood has determined that the Fire
Station 1 Improvements (South Fire Station) Project 12-14 is complete and recommends
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
City Project 12-14 is complete and maintenance of this improvement is accepted by the
City; the final construction cost is $3,723,609.50. Final payment to Terra General
Contractors and the release of any retainage or escrow is hereby authorized.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
17. Approval to Authorize Final Payment for Storm Sewer Repair at 2567 Mayer Lane
May 26, 2015
City Council Meeting Minutes 15
Councilmember Koppen moved to approve the final payment to Capra’s Utilities in the amount
of $45,488.78 for Storm Sewer Repair at 2567 Mayer Lane.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
H. PUBLIC HEARING
1. Approval of Gas Franchise Ordinances
a. Approval of First Reading of Revised Gas Franchise Ordinance
b. Approval of First Reading of New Gas Franchise Fee Ordinance to Fund
Additional Road Repair
Mayor Slawik opened the public hearing. The following people spoke:
1. Bob Zick, North St. Paul Resident
2. Betty Seipel, 820 Dorland Road
3. Maggie Arneberg, 2298 Dahl Court
4. John Donofrio, 2569 Hillwood Drive
Mayor Slawik closed the public hearing.
Councilmember Cardinal moved to approve the first reading for the Revised Gas Franchise
Ordinance.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Cardinal moved to approve the first reading for the New Gas Franchise Fee
Ordinance.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
2. Approval of Stormwater Ordinances and Standards
a. Approval of First Reading of Revised Stormwater Related Ordinances
b. Approval of Revisions to the Maplewood Stormwater Management
Standards
Mayor Slawik opened the public hearing. No one spoke.
Mayor Slawik closed the public hearing.
Councilmember Juenemann moved to approve the first reading for the Revised Stormwater
Related Ordinances.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
May 26, 2015
City Council Meeting Minutes 16
Councilmember Juenemann moved to approve the Maplewood Stormwater Management
Standards.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
3. Approval to Modify Development Program and Establish TIF District No. 1-13 for
Villages at Frost-English, 1955 English Street
a. Approval of a Resolution for Modification to the Development Program for
Development District No. 1 and Establishing Tax Increment Financing
District No. 1-13 and approving a Tax Increment Financing Plan
b. Approval of a Resolution for the Phase One Tax Increment Financing
Development Agreement with Maplewood Acquisition, LLC
c. Approval of Maplewood Acquisition LLC’s Developer’s Agreement
d. Approval of a Resolution for an Inter-Fund Loan Agreement
Tom Denaway, Springsted Financial Advisor gave the presentation. Commissioner Dale
Trippler gave the Planning Commission report. Commissioner Mark Jenkins gave the
Economic Development Authority report. Shane McVay, Sherman & Associates addressed
the council and gave additional information.
Mayor Slawik opened the public hearing. The following people spoke:
1. Bob Zick
2. Diana Longrie, 1771 Burr Street
Mayor Slawik closed the public hearing.
Councilmember Juenemann moved to approve the Resolution for the Modification to the
Development Program for Development District No. 1 and Establishing Tax Increment
Financing District No. 1-13 and approving a Tax Increment Financing Plan.
Resolution 15-5-1212
Resolution Approving the Modification to the
Development Program for Development District No. 1 and
Establishing Tax Increment Financing District No. 1-13 Therein and
Approving a Tax Increment Financing Plan Therefor
WHEREAS:
A. It has been proposed that the City of Maplewood, Minnesota (the "City") modify
the Development Program for Development District No. 1 and establish Tax Increment
Financing District No. 1-13 ("TIF District No. 1-13") therein and approve and accept the
proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes,
Sections 469.174 to 469.1794, as amended (the "Act"); and
B. The City Council has investigated the facts and has caused to be prepared a
modification to the Development Program for Development District No. 1 (the "Development
Program Modification"), and has caused to be prepared a proposed tax increment financing
plan for TIF District No. 1-13 therein (the "TIF Plan"); and
May 26, 2015
City Council Meeting Minutes 17
C. The City has performed all actions required by law to be performed prior to the
approval of the Development Program Modification and TIF Plan, including, but not limited to,
notification of Ramsey County and School District No. 622 having taxing jurisdiction over the
property to be included in TIF District No. 1-13 and the holding of a public hearing upon
published and mailed notice as required by law; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood
as follows:
1. Development District No. 1. The City has heretofore established in the City
Development District No. 1 (the "Development District"), the initial boundaries of which are fixed
and determined as described in the Development Program.
2. Development Program Modification. The Development Program Modification,
for the Development District, a copy of which is on file in the office of the City Manager, is
adopted as the development program for the Development District.
3. TIF Plan. The TIF Plan is adopted as the tax increment financing plan for TIF
District No. 1-13, and the City Council makes the following findings:
(a) TIF District No. 1-13 is a redevelopment district as defined in Minnesota
Statutes, Section 469.174, Subd. 10(a)(1), the specific basis for such determination
being that parcels consisting of at least 70% of the area of TIF District No. 1-13 are
occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar
structures, and more than 50% of the buildings, not including outbuildings, are
structurally substandard requiring substantial renovation or clearance. The information
used in making these findings is contained in the TIF Plan and a report of the building
inspector which is incorporated herein by reference..
(b) The proposed development in the opinion of the City Council, would not
occur solely through private investment within the reasonably foreseeable future. The
reasons supporting this finding are that:
(i) Private investment will not finance these redevelopment activities due to the
high cost of site improvements and infrastructure costs. The City, without
tax increment assistance, would not have the resources to undertake the
necessary site improvements. It is necessary to finance these development
activities through the use of tax increment financing so that other
development by private enterprise will occur within the Development District.
(ii) A comparative analysis of estimated market values both with and without
establishment of TIF District No. 1-13 and the use of tax increments has
been performed as described above. Such analysis is found in Exhibit V of
the TIF Plan, and indicates that the increase in estimated market value of the
proposed development (less the indicated subtractions) exceeds the
estimated market value of the site absent the establishment of TIF District
No. 1-13 and the use of tax increments.
(c) In the opinion of the City Council, the increased market value of the site
that could reasonably be expected to occur without the use of tax increment financing
would be less than the increase in the market value estimated to result from the
proposed development after subtracting the present value of the projected tax
increments for the maximum duration of TIF District No. 1-13 permitted by the TIF Plan.
May 26, 2015
City Council Meeting Minutes 18
The reasons supporting this finding are that:
(i) The estimated amount by which the market value of the site will increase
without the use of tax increment financing is $0, plus a small amount
attributable to appreciation in land value;
(ii) The estimated increase in the market value that will result from the
development to be assisted with tax increment financing is $19,354,736; and
(iii) The present value of the projected tax increments for the maximum duration
of the district permitted by the tax increment financing plan is $2,395,400.
(d) The TIF Plan for TIF District No. 1-13 conforms to the general plan for
development or redevelopment of the City of Maplewood as a whole. The reasons for
supporting this finding are that:
(i) TIF District No. 1-13 is properly zoned; and
(ii) The Planning Commission of the City has determined that the proposed TIF
Plan conforms to the general plan for the development and redevelopment of
the City as a whole ; and
(iii) The TIF Plan will generally compliment and serve to implement policies
adopted by the City.
(e) The TIF Plan will afford maximum opportunity, consistent with the sound
needs of the City of Maplewood as a whole, for the development or redevelopment of
the Development District by private enterprise. The reasons supporting this finding are
that:
The development activities are necessary so that development and redevelopment by
private enterprise can occur within the Development District.
4. Public Purpose. The adoption of the Development Program Modification and
TIF Plan conform in all respects to the requirements of the Act and will help fulfill a need to
redevelop an area of the State which is already built up to provide employment opportunities
and to improve the tax base and to improve the general economy of the State and thereby
serves a public purpose.
5. Certification. The Auditor of Ramsey County is requested to certify the original
net tax capacity of TIF District No. 1-13 as described in TIF Plan, and to certify in each year
thereafter the amount by which the original net tax capacity has increased or decreased in
accordance with the Act; and the City Manager is authorized and directed to forthwith transmit
this request to the County Auditor in such form and content as the Auditor may specify, together
with a list of all properties within TIF District No. 1-13 for which building permits have been
issued during the 18 months immediately preceding the adoption of this Resolution.
6. Filing. The City Manager is further authorized and directed to file a copy of the
Development Program Modification and TIF Plan for TIF District No. 1-13 with the
Commissioner of Revenue and the Office of the State Auditor.
7. Administration. The administration of the Development District is assigned to
the City Manager who shall from time to time be granted such powers and duties pursuant to
May 26, 2015
City Council Meeting Minutes 19
Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate
Seconded by Councilmember Abrams Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the Resolution for the Phase One Tax
Increment Financing Development Agreement with Maplewood Acquisition, LLC
Resolution 15-5-1213
Resolution Authorizing
Execution of a Tax Increment Financing
Development Agreement
A. WHEREAS, Maplewood Apartments Limited Partnership (the "Developer") has
requested the City of Maplewood, Minnesota (the "City") to assist with the financing of certain
costs incurred in connection with the construction of an approximately 50-unit multifamily
apartment facility in the City by the Developer (the "Project").
B. WHEREAS, the Developer and the City have determined to enter into a Tax
Increment Financing Development Agreement providing for the City's tax increment financing
assistance for the Project (the "Development Agreement").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. The City Council hereby approves the Development Agreement in substantially
the form submitted, and the Mayor and City Manager are hereby authorized and directed to
execute the Development Agreement on behalf of the City.
2. The approval hereby given to the Development Agreement includes approval of
such additional details therein as may be necessary and appropriate and such modifications
thereof, deletions therefrom and additions thereto as may be necessary and appropriate and
approved by the City officials authorized by this resolution to execute the Development
Agreement. The execution of the Development Agreement by the appropriate officer or
officers of the City shall be conclusive evidence of the approval of the Development
Agreement in accordance with the terms hereof.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the terms of the Development Agreement with
Maplewood Acquisition, LLC for the Villages at Frost-English, 1955 English Street North, and
authorize the Mayor and City Manager to execute the agreement signifying City Council
approval. The City Attorney is authorized to approve the final format of the agreement and also
approve minor modifications to the agreement.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
May 26, 2015
City Council Meeting Minutes 20
Councilmember Juenemann moved to approve the Resolution for an Inter-fund Loan
Agreement.
Resolution 15-5-1214
Resolution Approving the Terms of up to a $75,000
Interfund Loan in Connection with a
Proposed Tax Increment Financing District No. 1-13
BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood,
Minnesota (the "City"), as follows:
Section 1. Background.
(a) The City proposes to establish a Tax Increment Financing District No. 1-13 (the
"TIF District") within Development District No. 1, and proposes to adopt a tax increment
financing plan for the TIF District (the "TIF Plan").
(b) The City has determined to pay for certain costs identified in the TIF Plan
consisting of land/building acquisition, public utilities, site improvements/preparation, other
eligible improvements, and administrative costs (the "Qualified Costs") incurred in connection
with the establishment of the TIF District and development/redevelopment of land within the
TIF District, which costs will be financed on a temporary basis from City funds available for
such purposes.
(c) Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to
advance or loan money from the City's general fund or any other fund from which such
advances may be legally made, in order to finance the Qualified Costs.
(d) The City intends to reimburse itself for the payment of the Qualified Costs, plus
interest thereon, from tax increments derived from the TIF District in accordance with the
terms of this resolution (which terms are referred to collectively as the "Interfund Loan").
Section 2. Terms of Interfund Loan.
(a) The City hereby authorizes the advance of up to $750,000 from the City's
General Fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse
itself for such advances together with interest at the rate stated below. Interest accrues on the
principal amount from the date of each advance. The maximum rate of interest permitted to
be charged is limited to the greater of the rates specified under Minnesota Statutes, Section
270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written
agreement states that the maximum interest rate will fluctuate as the interest rates specified
under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted.
The interest rate shall be 4% and will not fluctuate.
(b) Principal and interest on the Interfund Loan shall be paid semi-annually on each
February 1 and August 1 (each a "Payment Date") commencing with the Payment Date on
which the City has Available Tax Increment (defined below), or on any other dates determined
by the City Manager, through the last receipt of tax increment from the TIF District.
(c) Payments on the Interfund Loan are payable solely from "Available Tax
Increments" which shall mean, on each Payment Date, all of the tax increment available after
other obligations have been paid, generated in the preceding six (6) months with respect to the
property within the TIF District and remitted to the City by Ramsey County, all in accordance
May 26, 2015
City Council Meeting Minutes 21
with Minnesota Statutes, Sections 469.174 to 469.1794, as amended. Payments on the
Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured
in whole or in part with Available Tax Increment, and are on parity with any other outstanding
or future interfund loans secured in whole or in part with Available Tax Increment.
(d) The principal sum and all accrued interest payable under the Interfund Loan are
pre-payable in whole or in part at any time by the City without premium or penalty. No partial
prepayment shall affect the amount or timing of any other regular payment otherwise required
to be made under this Interfund Loan.
(e) The Interfund Loan is evidence of an internal borrowing by the City in
accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation
payable solely from Available Tax Increment pledged to the payment hereof under this
resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a
general obligation of the State of Minnesota or any political subdivision thereof, including,
without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof
shall be obligated to pay the principal of or interest on the Interfund Loan or other costs
incident hereto except out of Available Tax Increment, and neither the full faith and credit nor
the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the
payment of the principal of or interest on the Interfund Loan or other costs incident hereto.
The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued
interest thereon, which may remain unpaid after the final Payment Date.
(f) The City may amend the terms of the Interfund Loan at any time by resolution
of the City Council, including a determination to forgive the outstanding principal amount and
accrued interest to the extent permissible under law.
Section 3. Effective Date. This resolution is effective upon the date of its approval.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Approval of Conditional Use Permit Revisions for Outdoor Storage and
Commercial Building within 350 Feet of a Residential District, Laughlin Pest
Control, 1055 Gervais Avenue
Commissioner Dale Trippler gave the Planning Commission report. Joseph Christianson,
attorney for the applicant addressed the council and gave additional information.
Councilmember Abrams moved to:
A. Approve the conditional use permit revision resolution. This conditional use permit
resolution approves outdoor storage on the property at 1055 Gervais Avenue. The city
bases approval on the findings required by the code and subject to the following conditions
(additions are underlined and deletions are crossed out):
May 26, 2015
City Council Meeting Minutes 22
1. The approved exterior storage is limited to equipment, trailers and vehicles
associated with a pest and animal control and snow removal business. All vehicles
and trailers must be licensed and operable and stored on an approved parking
surface.
2. The owner or applicant installing and maintaining a screening fence that is 100
percent opaque around the perimeter of the outdoor storage area. The owner shall
maintain and repair the fence so that it remains in good condition and 100 percent
opaque.
3. There shall be no noise-making business activity conducted in the property, or
made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday
through Saturday, and not on Sunday as required by city code. This condition shall
not prohibit business activity on the property during these hours so long as the
business activity does not otherwise violate the provisions of the city ordinance
regulating noise.
4. The proposed construction and the outdoor storage on the property 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.
5. The city council shall review this permit in one year.
6. The owner or applicant shall meet the hard surface parking and minimum space
requirements as stated in the staff engineer’s report, dated April 28, 2015, and
required by ordinance.
B. Approve the conditional use permit revision resolution. This conditional use permit allows
a 40 by 49-foot storage building within the M-1 (light manufacturing) zoning district that is
within 350 feet of a residential zoning district (at 1055 Gervais Avenue). This approval
shall be subject to the following conditions (additions are underlined and deletions are
crossed out):
1. All construction shall follow the project plans as approved by the city. This shall
include providing a driveway to the gate of the storage yard, subject to the
requirements of the fire marshal.
2. The approved exterior storage is limited to equipment, trailers and vehicles
associated with a pest and animal control and snow removal business. All vehicles
and trailers must be licensed and operable and stored on an approved parking
surface.
3. The owner or applicant installing and maintaining a screening fence that is 100
percent opaque around the perimeter of the outdoor storage area. The owner shall
maintain and repair the fence so that it remains in good condition and 100 percent
opaque.
4. There shall be no noise-making business activity conducted in the property, or
made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday
through Saturday, and not on Sunday as required by city code. This condition shall
not prohibit business activity on the property during these hours so long as the
business activity does not otherwise violate the provisions of the city ordinance
regulating noise.
May 26, 2015
City Council Meeting Minutes 23
5. The proposed construction and the outdoor storage on the property 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.
6. The city council shall review this permit in one year.
7. The owner or applicant shall meet the hard surface parking and minimum space
requirements as stated in the staff engineer’s report, dated April 28, 2015, and
required by ordinance. The city council may require more parking spaces should
the need arise.
8. The property owner shall keep the site clean of debris and shall cut or remove any
noxious weeds.
9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for
access to the site. There shall be no truck traffic from this business on Cypress
Street or on Keller Parkway.
10. The owner shall not make any changes or modifications to the north 44 feet of the
property which will have a negative impact on the managed B wetland to the north
of the property. Any changes or modifications proposed by the owner shall be
submitted to the city for approval prior to implementation.
Resolution 15-5-1215
Conditional Use Permit Revision Resolution
WHEREAS, Mike and Sue Laughlin, representing Laughlin Pest Control, applied for a
conditional use permit (CUP) revision to have an outdoor storage area.
WHEREAS, this permit applies to property at 1055 Gervais Avenue.
WHEREAS, the legal description of the property is:
The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9,
Township 29, Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038)
WHEREAS, the history of this conditional use permit is as follows:
1. On May 5, 2015, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave persons at the hearing a chance to speak and present written
statements. The commission also considered reports and recommendations of the city
staff. The planning commission recommended that the city council approve the conditional
use permit.
2. On May 26, 2015, the city council discussed the proposed conditional use permit. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-
described conditional use permit, because:
May 26, 2015
City Council Meeting Minutes 24
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,
water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions (additions are underlined and deletions are
crossed out):
1. The approved exterior storage is limited to equipment, trailers and vehicles associated with
pest and animal control and snow removal business. All vehicles and trailers must be
licensed and operable and stored on an approved parking surface.
2. The owner or applicant installing and maintaining a screening fence that is 100 percent
opaque around the perimeter of the outdoor storage area. The owner shall maintain and
repair the fence so that it remains in good condition and 100 percent opaque.
3. There shall be no noise-making business activity conducted in the property, or made by
vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday,
and not on Sunday as required by city code. This condition shall not prohibit business
activity on the property during these hours so long as the business activity does not
otherwise violate the provisions of the city ordinance regulating noise.
4. The proposed construction and the outdoor storage on the property 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.
5. The city council shall review this permit in one year.
6. The owner or applicant shall meet the hard surface parking and minimum space
requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by
ordinance.
May 26, 2015
City Council Meeting Minutes 25
Resolution 15-5-1216
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, Mike and Sue Laughlin, representing Laughlin Pest Control, applied for a
conditional use permit (CUP) revision to allow a commercial building within 350 feet of a
residential district.
WHEREAS, this permit applies to property at 1055 Gervais Avenue.
WHEREAS, the legal description of the property is:
The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9,
Township 29, Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038)
WHEREAS, the history of this conditional use permit is as follows:
1. On May 5, 2015, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave persons at the hearing a chance to speak and present written
statements. The commission also considered reports and recommendations of the city
staff. The planning commission recommended that the city council approve the conditional
use permit.
2. On May 26, 2015, the city council discussed the proposed conditional use permit. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,
water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
May 26, 2015
City Council Meeting Minutes 26
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions (additions are underlined and deletions are
crossed out):
1. All construction shall follow the project plans as approved by the city. This shall include
providing a driveway to the gate of the storage yard, subject to the requirements of the fire
marshal.
2. The approved exterior storage is limited to roll-off containers equipment, trailers and
vehicles associated with a roll-off delivery pest and animal control and snow removal
business. All vehicles and trailers must be licensed and operable and stored on an
approved parking surface.
3. The owner or applicant installing and maintaining a screening fence that is 100 percent
opaque around the perimeter of the outdoor storage area. The owner shall maintain and
repair the fence so that it remains in good condition and 100 percent opaque.
4. There shall be no noise-making business activity conducted in the property, or made by
vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday,
and not on Sunday as required by city code. This condition shall not prohibit business
activity on the property during these hours so long as the business activity does not
otherwise violate the provisions of the city ordinance regulating noise.
5. The proposed construction and the outdoor storage on the property 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.
6. The city council shall review this permit in one year.
7. The owner or applicant shall meet the hard surface parking and minimum space
requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by
ordinance. The city council may require more parking spaces should the need arise.
8. The property owner shall keep the site clean of debris and shall cut or remove any noxious
weeds.
9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access
to the site. There shall be no truck traffic from this business on Cypress Street or on Keller
Parkway.
10. The owner shall not make any changes or modifications to the north 44 feet of the property
which will have a negative impact on the managed B wetland to the north of the property.
Any changes or modifications proposed by the owner shall be submitted to the city for
approval prior to implementation.
Seconded by Councilmember Koppen Ayes – Mayor Slawik, Council Members
Abrams, Juenemann and
Koppen
Abstain – Councilmember Cardinal
The motion passed.
May 26, 2015
City Council Meeting Minutes 27
2. Republic Services’ Annual Trash and Yard Waste Performance Review
a. Approval of the 2014 Trash and Yard Waste Report
b. Approval of the 2015 Trash and Yard Waste Work Plan
Environmental Planner Finwall gave the staff report. Doug Link, Sales Representative for
Republic Services addressed the council and gave additional information.
Councilmember Juenemann moved to approve Republic Services’ 2014 Annual Trash and
Yard Waste Report
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann moved to approve Republic Services’ 2015 Trash and Yard
Waste Work Plan.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. VISITOR PRESENTATION
1. Bob Zick, North St. Paul Resident
2. John Wykoff, 2345 Maryland Ave. E.
3. Dave Johnson, 2587 Lydia Ave. E.
4. Laurie Johnson, 2587 Lydia Ave. E.
M. ADMINISTRATIVE PRESENTATIONS
1. Council Calendar Update
City Manager Coleman gave the council calendar update.
N. COUNCIL PRESENTATIONS
1. Hmong American Memorial
Councilmember Koppen reported on the Hmong American Memorial he attended on May 16,
2015 at the State Capitol in St. Paul.
2. Heritage Preservation Meeting
Councilmember Koppen reported on the Historical Preservation Commission meeting he
attended on Thursday, May 14, 2015.
May 26, 2015
City Council Meeting Minutes 28
3. Ice Cream Social at Joy Park
Mayor Slawik invited residents to an Ice Cream Social at Joy Park on Wednesday, June 3,
2015 from 5:00 p.m. to 8:00 p.m. to gather input regarding some exciting changes to Joy Park.
4. Memorial Day Event
Mayor Slawik reported on the Memorial Day event she attended at the Ramsey County Care
Center.
5. Rebranding Survey
Mayor Slawik encouraged members of the community to give input on the rebranding survey.
O. ADJOURNMENT
Mayor Slawik adjourned the meeting at 10:21p.m.