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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 May 26, 2015 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. May 26, 2015 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 May 26, 2015 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 May 26, 2015 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. May 26, 2015 City Council Meeting Minutes 6 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 May 26, 2015 City Council Meeting Minutes 7 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 May 26, 2015 City Council Meeting Minutes 8 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. May 26, 2015 City Council Meeting Minutes 9 (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: May 26, 2015 City Council Meeting Minutes 10 (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. May 26, 2015 City Council Meeting Minutes 11 (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. May 26, 2015 City Council Meeting Minutes 12 (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 May 26, 2015 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 May 26, 2015 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.