HomeMy WebLinkAbout07-13-2015 City Council Meeting Minutes
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, July 13, 2015
Council Chambers, City Hall
Meeting No. 13-15
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:08 p.m. by Mayor Slawik.
Mayor Slawik noted that the memorial sign honoring Sergeant Joseph Bergeron, who
was murdered in the line of duty, has been installed on Highway 36.
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 National Night Out
N2 Open Space
N3 Planning Commission
N4 Cable Commission
N5 MCC Green Business Information
N6 Light it Up Maplewood Event
N7 National Housing Conference
Councilmember Juenemann moved to approve the agenda as amended.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of June 22, 2015 City Council Workshop Minutes
Councilmember Abrams moved to approve the June 22, 2015 City Council Workshop
Minutes as submitted.
Seconded by Councilmember Juenemann Ayes – All
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The motion passed.
2. Approval of June 22, 2015 City Council Meeting Minutes
Councilmember Abrams noted a change to M4 and should read “Pathway to Success
was held at the Maplewood Community Center…”
Councilmember Abrams moved to approve the June 22, 2015 City Council Meeting
Minutes as amended.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
3. Approval of June 29, 2015 City Council Workshop Minutes
Councilmember Juenemann noted a change to E1 and should read “hands-only CPR
and use of AED’s”.
Councilmember Cardinal moved to approve the June 29, 2015 City Council Workshop
Minutes as amended.
Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council
Members Cardinal, Koppen
and Juenemann
Abstain – Councilmember Abrams
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Approval of Resolution of Appreciation for District 623 Superintendent
John Thein on His Retirement
Councilmember Juenemann read the resolution and thanked Dr. Thein for his public
service. Councilmember Cardinal gave additional comments. Dr. Thein addressed the
council to thank them and other community members for their support during his tenure.
Councilmember Juenemann moved to approve the resolution of appreciation for District
623 Superintendent John Thein.
Resolution 15-7-1226
RESOLUTION OF APPRECIATION
Whereas, Dr. John Thein has served the Roseville Area Schools since 1988 in
the roles of Director of Business Services, Assistant Superintendent, Deputy
Superintendent and Superintendent; and
Whereas, Dr John Thein implemented creative community projects benefitting
the district including the Owasso Hills development and shared community gymnasiums;
and
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Whereas, Dr. John Thein’s vision led to the incorporation of Harambee
Elementary School into the Roseville Area Schools’ family; and
WHEREAS, the City of Maplewood has appreciated his leadership, cooperation,
experience, and insight within District 623 and the community; and
Whereas, Dr. John Thein is retiring from Roseville Area Schools after twenty-
seven years of service including seventeen years as superintendent;
THEREFORE, be it resolved that the City of Maplewood expresses its gratitude
and appreciation for Dr. Thein’s twenty-seven years of service and dedication to the
students, staff and families of School District 623 and the communities of Roseville and
Maplewood.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
G. CONSENT AGENDA
Councilmember Cardinal requested agenda item G7 be pulled and voted on separately.
Councilmember Juenemann moved to approve consent agenda items G1-G6 and G8-
G9.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the Approval of Claims.
ACCOUNTS PAYABLE:
$ 912,483.45 Checks # 95198 thru # 95234
dated 05/29/15 thru 06/09/15
$ 386,992.66 Disbursements via debits to checking account
dated 06/01/15 thru 06/05/15
$ 66,261.85 Checks #95235 thru #95270
dated 06/16/2015
$ 519,787.57 Disbursements via debits to checking account
dated 06/08/15 thru 06/12/15
$ 1,885,525.53 Total Accounts Payable
PAYROLL
$ 580,848.08 Payroll Checks and Direct Deposits dated 06/05/15
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$ 1,151.53 Payroll Deduction check # 9994957 thru #9994959 dated 05/08/15
$ 581,999.61 Total Payroll
$ 2,467,525.14 GRAND TOTAL
Seconded by Councilmember Koppen Ayes – All
The motion passed.
2. Approval of a Conditional Use Permit Review, East Metro Public Safety
Training Center, Located at Century Avenue, South of Holloway Avenue
Councilmember Juenemann moved to approve to review the conditional use permit for
the East Metro Public Safety Training Center located at Century Avenue, south of
Holloway Avenue again once phase two begins or a problem arises.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
3. Approval of a Conditional Use Permit Review, Tubman Center East Planned
Unit Development, 1725 Monastery Way
Councilmember Juenemann moved to approve to review the conditional use permit for
the St. Paul’s Monastery PUD in one year.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
4. Approval of a Conditional Use Permit Review, Cottagewood Town House
Development, South of Highwood Avenue, East of Dennis Street, West of I-
494
Councilmember Juenemann moved to approve to review the conditional use permit
(CUP) for the Cottagewood PUD again only if a problem arises or a major change is
proposed.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
5. Approval of a Conditional Use Permit Review, First Evangelical Free
Church, 2696 Hazelwood Street
Councilmember Juenemann moved to approve to review the conditional use permit for
the planned unit development at 2696 Hazelwood Street again only if a problem arises
or a major change is proposed.
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Seconded by Councilmember Koppen Ayes – All
The motion passed.
6. Approval of a Conditional Use Permit Review, Holiday Station Store, 1285
Cope Avenue East
Councilmember Juenemann moved to approve to review the conditional use permit for
the Holiday Station Store again in one year.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
7. Approval of a Conditional Use Permit Review, Whitaker Sports and Classic
Cars, 1081 Highway 36
Economic Development Coordinator Martin answered questions of the council. Building
Official Carver gave additional information.
Councilmember Juenemann moved to approve to review the conditional use permit for
1081 Highway 36 again in one year to ensure all conditions of approval are being met.
Seconded by Councilmember Koppen Ayes – Mayor Slawik, Council
Members Abrams,
Juenemann and Koppen
Abstain – Councilmember Cardinal
The motion passed.
8. Approval of Resolution Certifying Election Judges for the August 11, 2015
Municipal Primary Election
Councilmember Juenemann moved to approve the resolution certifying election judges
for the August 11, 2015 Municipal Primary Election.
Resolution 15-7-1227
CERTIFYING ELECTION JUDGES
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the
following list of Election Judges for the 2015 Municipal Primary Election to be held on
Tuesday, August 11, 2015.
Kevin Achmeier
Meridith Aikens
Jim Allen
Nancy Anderson
Carole Anderson
Beverly Anderson
Theodore Anderson
Sam Anderson
Suzanne Anderson
Ahsan Ansari
Ajla Arnold
Patti Ascherman
Paul Babin
David Bedor
Regan Beggs
Jeanette Behr
Jaime Belland
Mary Betts
Al Bierbaum
Sharon Bierwerth
Diane Bjorklund
Donita Bolden
Michele Booher
Jeanne Bortz
Richard Brandon
Ginny Brandon
Denise Bricher
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Diane Brown
Bernice Bunkowske
Eugene Bunkowske
Ruth Burch
Jeanette Carle
Fannie Carson
Justin Carson
Kiley Cermak
Ann Cleland
Barb Clothier
Edward Combe
Thomas Connelly
Colleen Connolly
Ann Crist
Bonnie Dahl
Jay Delveaux
Kalpana Desai
Phil DeZelar
Charlene Dickerson
Glenndell Dickerson
Helen Jean Dickson
Steve Diebel
Albin Dittli
Tom Dougherty
Audrey Duellman
Bob Dunham
Marilyn Duscher
Carolyn Eickhoff
John Ek
Susan Ek
Michael Elliott
Herbert Engelmayer
Jeanne Ewald
Cynthia Fowler
Gretchen Francis
Robert Francis
Nick Franzen
Mary Jo Freer
Mary Katherine Fuller
Barbara Funk
Shirley Gaboury
Gary Gardner
Richard Garner
Terrence Garvey
Nora Germain
John Gerten
Mary Glaeser
Diane Golaski
Tacita Gonzalez
Ane Gravelle
Barb Gravink
Jamie Gudknecht
Dianne Gustafson
Joyce Haddad
Michael Hafner
Sandra Hahn
Vonna Hahn
Linda Hale
Kathryn Hallestad
Mary Harder
Robert Hart
Barbara Hart
Jean Heininger
Darlene Herber
Cindy Hervig
Gary Hinnenkamp
Robert Hulet
Jeanette Hulet
John Hunt
Raymond Huth
Patricia Huth
Mary Claire Inhofer
Carol Jagoe
David Jahn
Gwendolyn Jefferson
Robert Jensen
Judith Johannessen
Cheryle Johnson
Warren Johnson
Shirley Jones
Myrna Kane
Deb Kapfer
Judy Kiges
Judy Kipka
Lois Knutson
Dennis Kramer
John Krebsbach
Elaine Kruse
Jackie Kwapick
Thomas Labarre
Annette LaCasse
Cameo Laibson-
Brown
Charlotte Lampe
Michelle Larson
Tom Layer
Stephanie Layer
Joanne Leach
Claudette Leonard
James Leonard
Sandra Letourneau
Sandy Lewis
Rosella Limon
Steve Lincowski
Vi Lincowski
Marianne Liptak
Darlene Loipersbeck
Jules Loipersbeck
Claudia Lonetti
Shari Lowe-Adams
Paul Lowery, Jr.
Valerie Mahowald
Jeri Mahre
Edward Malecki
Donald Mammenga II
Clarence Manke
Luke Mantalica
John Manthey
Thomas Maskrey
Arianne Maxwell
Shance McCain
John McCann
Peggy McCarthy
Larry McCarthy
Ryan McCarthy
Judy McCauley
Joan McDonough
Carol McDonough
James Millette
Michael Mireau
Dorothy Molstad
Doris Moritz
Betty Motz
Mike Muenchow
Frederick Nazarian
Percy Nelson
Frankie Nesbitt
Mary Newcomb
Miranda Nichols
Helen Nissen
Ann Norberg
D. William O'Brien
Anita Olson
Mary Overson
Shantal Pai
Dian Parent
John Parnell
Susan Parnell
Laura Paulsen
Bernard Pedersen
Marilyn Peper
Devrie Perzichilli
Linda Petrie
Rae Plaster
Orlin Plath
Joseph Plumbo
Roger Posch
Steve Putz
Shelly Putz
Claudia Reeve
Andrew Reichow
Roy Reichow
Rita Renslow
Rita Roadfeldt
Vincent Rodriguez
Kathleen Rose
Teresa Rossbach
Shirley Rubbert
Elaine Rudeen
Crystal Rygg
Chris Sagert
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Warren Sands
Laurie Saniti
Kathleen Sauer
Sharon Sawyer
Thomas Scharnott
Rojean Scheoble
Cynthia Schluender
William Schmidt
Mary Ann Schneider
Betty Schramel
Jim Schramel
Raymond Schuman
Sarah Seelen
Gloria Seidel
James Seitz
Deborah Seyfer
Maryjean Sheppard
Steven Skaar
Delaney Skaar
Susan Skaar
Chris Sloan
Annette Sova-
Peterson
Bob Spangler
Tim Stafki
Karen Stenson
Joan Strack
Chris Swanson
Kim Swift
Joseph Tarnowski
Lori Taylor
Carol Thomalla
Lynn Tietel
Michael Tourville
Dale Trippler
Jo Trippler
Kathy Trost
Micki Tschida
Carolyn Urbanski
Holly Urbanski
William Urbanski
Mary Vanek
Joanne Wagner
Gayle Wasmundt
Stephanie Webe
Deborah Weinberg
Steven Weinberg
Warren Wessel
Greg White
Robert Wiesner
Mary Jo Wolfe-Haider
Dorothy Wolfgram
Cindy Yorkovich
Kim Zaiman
Helen Zian
Leroy Zipko
Seconded by Councilmember Koppen Ayes – All
The motion passed.
9. Approval to Amend Contract with Aqua Logic for Additional Work at the MCC
Aquatic Center
Councilmember Juenemann moved to approve to amend the contract with Aqua Logic to
include the addition of the Water Chemistry Control Module and repair costs associated
with compliance with the Federal Virginia Baker Law in the amount of $20,573.14, bringing
the total cost of the contract to $161,603.14; and approves the funds for these additional
improvements come directly from MCC operating funds.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
H. PUBLIC HEARING
1. Approval of an Amendment to Discharge of Firearms Ordinance – Second
Reading
Economic Development Coordinator Martin gave the staff report. Applicant Michael
Maritelli addressed the council and gave additional information. Police Chief Schnell
answered questions of the council.
Mayor Slawik opened the public hearing. No one spoke.
Mayor Slawik closed the public hearing.
Councilmember Koppen moved to approve the second reading of the proposed amendment
to Chapter 24, Article IV, Division 2, Weapons and Explosives.
Ordinance 951
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AMENDMENT TO ORDINANCE
REGULATING DISCHARGE OF FIREARMS
DIVISION 2. - WEAPONS AND EXPLOSIVES
Sec. 24-171. - Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning: Pistol and revolver mean any firearm with a barrel less than 12 inches in
length.
(Code 1982, § 20-71)
Cross reference— Definitions generally, § 1-2.
Sec. 24-172. - Exemptions from division.
This division shall not apply to police officers; members of the United States armed forces,
the national guard and the reserve; or other authorized personnel when using firearms or
other weapons in the regular course of performing their duties.
(Code 1982, § 20-72)
Sec. 24-173. - Discharge of firearms; possession or detonation of explosives or fireworks.
(a) It shall be unlawful for any person to shoot or discharge any gun, revolver, pistol
or firearm of any kind or description, including BB guns, pellet guns and airguns,
spring guns, or air- or gas-propelled guns, including CO guns, within the city,
whether they are loaded with powder and ball, live ammunition or blank
cartridges, or any kind of explosive or propellant capable of throwing or projecting
any missile, including bullets, pellets, BBs, artillery shells, rockets or other
missiles. Requests for exemptions from this restriction for the purpose of
organized athletic events shall be made to the city’s police chief who shall make
the final decision. In order for requests to be considered, the zoning of the
proposed site must permit organized athletic activities.
(b) It shall be unlawful for any person in the city to have in his possession or to shoot,
discharge or explode any preparation of potash, mixture of sulphur and saltpeter,
nitroglycerin, dynamite, plastic explosive, fireworks or any other kind of explosive
material. All such acts are hereby prohibited, unless specifically authorized by
permit issued by the department of public safety or by permit issued by the state
department of conservation.
(Code 1982, § 20-73)
Sec. 24-174. - Prohibited weapons, prohibited acts.
(a) It shall be unlawful for any person within the city to possess any device or weapon
known as a slungshot, slingshot, sand club, metal knuckles, switchblade knife,
dagger, stiletto, dirk, blackjack, chain club, pipe club, bowie knife, Molotov cocktail,
grenade, throwing star, or similar device.
(b) It shall be unlawful for any person within the city to carry or wear concealed about
his person any pistol, BB gun, airgun or CO gun.
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(Code 1982, § 20-75)
Sec. 24-175. - Confiscation and disposition.
(a) Any weapons or explosive materials duly adjudged by a court of competent
jurisdiction to have been discharged, worn or carried in the city in violation of any
ordinance, law, rule or regulation shall be confiscated by the city. Such weapons or
explosive materials shall be turned over to the police chief to be kept, sold or
disposed of in the manner provided in this section.
(b) Any weapons or materials confiscated pursuant to this section may be kept and
used by the department of public safety if the weapons or materials are adaptable to
police purposes. Such weapons and materials which would be dangerous to
reintroduce into channels of private sale or use may, in the discretion of the police
chief, be destroyed. Such weapons or materials which may be safely placed into the
hands of private owners may be sold by the police chief at public auction in a sealed
bid sale pursuant to at least two weeks' published notice of such sale.
(Code 1982, § 20-76)
Sec. 24-176. - Bows and arrows.
(a) A bow and arrow, for purposes of this section, is hereby defined as a bowed shaft of
material such as metal, wood or plastic, the ends of which are pulled into bow
formation by a string, cord, wire or any other type of material and used for the
purpose of propelling an arrow by means of the power developed in pulling the
string against the tension of the bow, provided that such bow is rated at more than
ten pounds pull, and further provided that the arrow used is pointed or is equipped
with a pointed head of metal, plastic or other material capable of penetrating an
object when propelled by the bow.
(b) Every person in the city who shall aim any bow and arrow, as defined in this section,
at or toward any human being, or who shall willfully discharge an arrow from a bow
in any public place or in any place where there is any person to be endangered,
although no injury actually results, shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with section 1-15. The city's deer
(wildlife) management plan shall be exempt from this subsection.
(c) No minor in the city under the age of 14 years shall handle or have in his
possession or under his control, except while accompanied by or under the
immediate charge of his parent or guardian, any bow and arrow as defined in this
section for hunting or target practice or any other purpose. Every person violating
any this subsection or aiding or knowingly permitting any such minor to violate this
subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished
in accordance with section 1-15.
(Code 1982, § 20-77; Ord. No. 806A, § 20-77, 1-10-2000)
Secs. 24-177—24-205. - Reserved.
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
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I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Approval of Vacation of Public Easements, Villages at Frost-English, 1955
English Street
Economic Development Coordinator Martin gave the staff report and answered questions of
the council. Commissioner Desai gave the planning commission report.
Councilmember Koppen moved to approve the resolution vacating the sanitary sewer
easement, established by Document No. 1791895 and 1800344, located near the middle of
the property at 1955 English Street, since:
1. The easement would serve no public purpose after the applicant redevelops the
property into the Villages at Frost-English.
This vacation is conditioned upon the following:
1. The applicant meets all and any conditions within Steve Love’s June 25, 2015 report.
Resolution 15-7-1228
EASEMENT VACATION RESOLUTION
WHEREAS, Shane LaFave of Sherman Associates, applied for the vacation of a
sanitary sewer easement established and defined by Document No. 1791895 and 1800344.
WHEREAS, on July 7, 2015, the planning commission held a public hearing. The
city staff published a notice in the Maplewood Review and sent a notice to the abutting
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. The planning commission also considered reports
and recommendations from the city staff. The planning commission recommended that the
city council approve this request.
WHEREAS, on July 13, 2015, the city council reviewed this request after
considering the recommendations of staff and the planning commission.
WHEREAS, after the city approved this vacation, the public interest in the property
will go to the adjoining property.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-
described vacation because:
1. The easement would serve no public purpose after the applicant redevelops the
property into the Villages at Frost-English.
This vacation is conditioned upon the following:
1. The applicant meets all and any conditions within Steve Love’s June 25, 2015
report.
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Seconded by Councilmember Abrams Ayes – All
The motion passed.
Councilmember Abrams moved to approve the resolution vacating the electrical easement,
established by Document No. 1791896, and utility easement, established by Document No.
1820782 (Abstract) and 567589 (Torrens), located near the northwest corner of the
property at 1955 English Street, since:
1. The easements would serve no public purpose after the applicant redevelops the
property into the Villages at Frost-English.
This vacation is conditioned upon the following:
1. The applicant meets all and any conditions within Steve Love’s June 25, 2015 report.
Resolution 15-7-1229
EASEMENT VACATION RESOLUTION
WHEREAS, Shane LaFave of Sherman Associates, applied for the vacation of an
electrical easement established and defined by Document No. 1791896.
WHEREAS, the City of Maplewood additionally recommends the vacation of a utility
easement established and defined by Document No. 1820782 (Abstract Document) and
567589 (Torrens Document).
WHEREAS, on July 7, 2015, the planning commission held a public hearing. The
city staff published a notice in the Maplewood Review and sent a notice to the abutting
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. The planning commission also considered reports
and recommendations from the city staff. The planning commission recommended that the
city council approve this request.
WHEREAS, on July 13, 2015, the city council reviewed this request after
considering the recommendations of staff and the planning commission.
WHEREAS, after the city approved this vacation, the public interest in the property
will go to the adjoining property.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-
described vacation because:
1. The easement would serve no public purpose after the applicant redevelops the
property into the Villages at Frost-English.
This vacation is conditioned upon the following:
1. The applicant meets all and any conditions within Steve Love’s June 25, 2015
report.
Seconded by Councilmember Koppen Ayes – All
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City Council Meeting Minutes 12
The motion passed.
Councilmember Juenemann moved to approve the resolution vacating the drainage easement
established by Documents No. 2421636 and 2431846, located near the southern property line
of the property at 1955 English Street, since:
1. The easement would serve no public purpose after the applicant redevelops the property
into the Villages at Frost-English.
This vacation is conditioned upon the following:
1. The applicant meets all and any conditions within Steve Love’s June 25, 2015 report.
Resolution 15-7-1230
EASEMENT VACATION RESOLUTION
WHEREAS, Shane LaFave of Sherman Associates, applied for the vacation of a
drainage easement established and defined by Document No. 2421636 and 2431846.
WHEREAS, on July 7, 2015, the planning commission held a public hearing. The
city staff published a notice in the Maplewood Review and sent a notice to the abutting
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. The planning commission also considered reports
and recommendations from the city staff.
WHEREAS, on July 13, 2015, the city council reviewed this request after
considering the recommendations of staff and the planning commission.
WHEREAS, after the city approved this vacation, the public interest in the property
will go to the adjoining property.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-
described vacation because:
1. The easement would serve no public purpose after the applicant redevelops the
property into the Villages at Frost-English.
This vacation is conditioned upon the following:
1. The applicant meets all and any conditions within Steve Love’s June 25, 2015
report.
The Maplewood City Council approved this resolution on July 13, 2015.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
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City Council Meeting Minutes 13
2. Approval of a Conditional Use Permit for Used Motor Vehicles, Maplewood
Collision Center, 2020 Rice Street
Economic Development Coordinator Martin gave the staff report. Commissioner Desai gave
the planning commission report. Applicant Hue Vang addressed the council to give
additional information and answer questions of the council.
Councilmember Koppen moved to approve the conditional use permit resolution to allow a
used motor vehicles business located at 2020 Rice Street North. Approval is based on the
findings required by ordinance and subject to the following conditions:
1. All use of the property shall follow the submitted site plan and approved by the city.
Staff may approve minor changes.
2. The proposed use must be substantially started within one year of council approval or
the permit shall become null and void. The council may extend this deadline for one
year after review and good-cause is shown.
3. The city council shall review this permit in one year.
4. Prior to the city issuing a business license, the property owner shall prepare the site in
the following manner:
a. Restripe the all areas of the parking lot to meeting parking space dimension and
drive aisle requirements.
b. Remove all unapproved rental vehicles from the site.
5. New signs must comply with the current sign ordinance requirements.
6. No use of attention-getting advertising devices including, but not limited to: banners,
flags, stingers, streamers or similar (unless they are allowed by the city’s sign
ordinance).
7. All cars for sale must be kept in the fenced-in-area of the parking lot as indicated by the
applicant’s site plan.
8. All vehicles and the site shall always be kept in neat, clean and orderly condition.
Resolution 15-7-1231
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Hue Vang of Maplewood Collision Center applied for a conditional use
permit to be allowed to sell used motor vehicles at 2020 Rice Street North.
WHEREAS, Section 44-512(5) of the city ordinance requires a conditional use
permit for used motor vehicles sales in a BC (business commercial) zoning district.
WHEREAS, this permit applies to the property at 2020 Rice Street. The legal
description is:
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City Council Meeting Minutes 14
SECTION 18 TOWN 29 RANGE 22 N 142 FT OF W 455.6 FT OF PART OF W 1/2
OF NW 1/4 LYING S OF A LINE RUN FROM A PT ON WL OF SD W 1/2 DIST 525
FT N FROM NW COR OF S 675 FT OF SD W 1/2 TO A PT ON EL OF SD W 1/2
DIST 1214 FT N OF SE COR OF SD W 1/2 OF NW 1/4. (PIN 18-29-22-23-0016)
WHEREAS, on July 7, 2015, the planning commission held a public hearing. The
city staff published a notice in the Maplewood Review and sent a notice to the abutting
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. The planning commission also considered reports
and recommendations from the city staff. The planning commission recommended that the
city council approve this request.
WHEREAS, on July 13, 2015, the city council reviewed this request after
considering the recommendations of staff and the planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-
described conditional use permit because:
1. The use would be located, designed, maintained, constructed and operated to
be inconformity 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:
1. All use of the property shall follow the submitted site plan and approved by the
city. Staff may approve minor changes.
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City Council Meeting Minutes 15
2. The proposed use must be substantially started within one year of council
approval or the permit shall become null and void. The council may extend this
deadline for one year after review and good-cause is shown.
3. The city council shall review this permit in one year.
4. Prior to the city issuing a business license, the property owner shall prepare the
site in the following manner:
a. Restripe the all areas of the parking lot to meeting parking space dimension
and drive aisle requirements.
b. Remove all unapproved rental vehicles from the site.
5. New signs must comply with the current sign ordinance requirements.
6. No use of attention-getting advertising devices including, but not limited to:
banners, flags, stingers, streamers or similar (unless they are allowed by the
city’s sign ordinance).
7. All cars for sale must be kept in the fenced-in-area of the parking lot as indicated
by the applicant’s site plan.
8. All vehicles and the site shall always be kept in neat, clean and orderly
condition.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
3. Approval of Resolution Approving and Authorizing the Execution of
Assignment and Assumption of Rights and Obligations Agreement related to
The Shores Senior Housing Development
Finance Director Bauman gave the staff report. City Attorney Kantrud answered questions
of the council.
Councilmember Koppen moved to approve the resolution approving and authorizing the
execution of Assignment and Assumption of Rights and Obligations Agreement.
Resolution 15-7-1232
RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF ASSIGNMENT
AND ASSUMPTION OF RIGHTS AND OBLIGATIONS AGREEMENT
WHEREAS, the City entered into a Development Agreement for the Shores Senior
Housing Development, dated May 11, 2011, and a First Amendment to Development
Agreement for the Shores Senior Housing Development dated September 9, 2013
(collectively, the "City Development Agreement") with Maplewood Senior Living, LLC (the
"Developer").
WHEREAS, the City entered into a Development Agreement, dated May 11, 2011
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(the "TIF Development Agreement"), with the Developer.
WHEREAS, the City issued a Tax Increment Revenue Note dated October 30, 2014
(the "TIF Note"), and the Developer is the registered holder.
WHEREAS, the City entered into a Maintenance Agreement, dated November 29,
2012 (the "Maintenance Agreement"), with the Developer.
WHEREAS, the Developer desires to assign its rights, and be released from all of its
duties, obligations and responsibilities under the City Development Agreement, TIF
Development Agreement, TIF Note and Maintenance Agreement to CHP Maplewood MN
Owner, LLC (the "Assignee") and the Assignee is willing to accept and assume such rights
and assume all duties, obligations and responsibilities under the City Development
Agreement, TIF Development Agreement, TIF Note and Maintenance Agreement.
WHEREAS, an Assignment and Assumption of Rights and Obligation Agreement by
and among the City, the Developer and CHP Maplewood MN Owner, LLC, A Minnesota
limited liability company, the Assignee, has been submitted to the City Council for approval.
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, that the
City Council hereby approves the Assignment in substantially the form submitted, and the
Mayor and the City Clerk are hereby authorized and directed to execute the Assignment on
behalf of the City. In the absence of the Mayor or the City Clerk, any document authorized
by this resolution to be executed may be executed by an acting or duly designated official.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
4. Approval of Resolution Authorizing the Execution of Assignment of
Development Agreement and TIF Note Related to the Sherman/Maplewood
Bowl Site
Finance Director Bauman gave the staff report and answered questions of the council.
Shane Lafave, Project Manager with Sherman & Associates address the council to give
additional information.
Councilmember Juenemann moved to approve the resolution authorizing the execution of
Assignment of Development Agreement and TIF Note in order for Maplewood Apartments
Limited Partnership to complete their loan transaction.
Resolution 15-7-1233
RESOLUTION AUTHORIZING THE EXECUTION OF ASSIGNMENT OF
DEVELOPMENT AGREEMENT AND TIF NOTE
WHEREAS, the City entered into a Development Agreement, dated ___________,
2015 (the "Development Agreement") with the Maplewood Apartments Limited Partnership,
a Minnesota limited partnership (the "Developer").
WHEREAS, the Developer desires to assign its interest in the Development
Agreement and Tax Increment Financing Note (the "Note") pursuant to an Assignment of
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Development Agreement and TIF Note (the "Assignment") by and among the Developer,
Central Bank, a Minnesota state banking corporation, and the City. Pursuant to the terms
of the Development Agreement and the Note the Developer must obtain the consent of the
City prior to making any assignment of its interests under the Development Agreement and
the Note.
WHEREAS, a draft of the Assignment has been submitted to the City Council for
approval.
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, that the
City Council hereby approves the Assignment in substantially the form submitted, and the
Mayor and the City Clerk are hereby authorized and directed to execute the Assignment on
behalf of the City. In the absence of the Mayor or the City Clerk, any document authorized
by this resolution to be executed may be executed by an acting or duly designated official.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
5. Approve Resolution in Support of Application for the Temporary
Classification of Body Worn Camera Data
Police Chief Schnell gave the staff report and answered questions of the council.
The following people spoke:
1. Andrew Henderson
Councilmember Juenemann moved to the Resolution in Support of Application of a
Temporary Classification of Body Worn Camera Data.
Resolution 15-7-1234
Resolution In Support of Application for a
Temporary Classification of Body Worn Camera Data
Whereas, critical incidents between law enforcement officers and community
members across the United States have resulted in demands for increased accountability
and transparency in police operations, and
Whereas, a June 2015 survey sponsored by the Minnesota Police and Peace
Officers Association showed that Minnesota law enforcement is well-respected and highly
regarded by members of their respective communities, and
Whereas, the Maplewood Police Department has had a successful limited
deployment of body worn cameras since mid-2014 and seeks to expand use of body worn
camera technology to strongly affirm its commitment to high quality community oriented
policing, and
Whereas, the Maplewood Police Department solicited public input through an online survey
pertaining to body worn camera use and found that:
• 97% of those surveyed said they are aware of the fact that law enforcement
agencies are using or exploring the use of body cameras, and
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• 65% agreed that using body cameras could help improve police community
relations, and
• 62% said video taken in their home during a police call for service should be
private except to them as a subject of the data,
Whereas, the City of Maplewood has an interest in protecting the privacy of
individuals who have contact with our police officers while ensuring that involved persons
can access video for purposes of ensuring police accountability, and
Whereas, the Maplewood Police Department intends to partner with other law
enforcement agencies and allied community organizations to prepare and submit an
application to Minnesota’s Commissioner of Administration seeking a temporary
classification of body worn camera data until such time as the Minnesota legislature
establishes law governing such data.
NOW, THEREFORE, BE IT RESOLVED, the Maplewood City Council supports the
police department’s plan to actively participate in the development and submission of a
multi-jurisdictional application for the temporary classification of body worn camera data.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
6. Discussion of Status of Labor Contract Negotiations - Intent to Close Meeting
per Minnesota State Statute §13D.03
a. Law Enforcement Labor Services, Local 153, Police Officers
City Attorney Kantrud introduced the staff reported and stated the meeting will be closed to
discuss the status of labor contract negotiations as permitted by Minnesota State Statute
§13D.03.
The following were present during the closed session, Mayor Slawik, Councilmember
Abrams, Councilmember Cardinal, Councilmember Juenemann, Councilmember Koppen,
City Attorney Kantrud, City Manager Coleman, Assistant City Manager/Human Resource
Director Funk and Deputy City Clerk Schmidt.
Councilmember Juenemann moved to close the meeting at 8:45 p.m. to discussion the
status of labor contract negotiations as permitted by Minnesota State Statute §13D.03.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
Mayor Slawik opened the meeting at 9:05 p.m.
City Attorney Kantrud gave a brief summary of the closed session and requested the
council to entertain a motion to approve the Mayor and City Manager to execute the
contract with Law Enforcement Labor Services, Local 153, Police Officers; with corrections
made to the typos within the proposed contract.
Councilmember Abrams moved to approve the 2015-2016 Collective Bargaining Agreement
for Law Enforcement Labor Services, Local 153, Police Officers and authorize the Mayor
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and City Manager to execute said contract on behalf of the City; with corrections made to
the typos within the proposed contract.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. VISITOR PRESENTATION
None
M. ADMINISTRATIVE PRESENTATIONS
1. Council Calendar Update
City Manager Coleman gave the update to the council calendar.
N. COUNCIL PRESENTATIONS
Councilmember Juenemann announced that the City of Maplewood received the Step 4
Pilot City award for the Minnesota GreenStep Cities program from the League of Minnesota
Cities.
1. National Night Out
Councilmember Juenemann reminded residents to register their block parties for National
Night Out on Tuesday, August 4th. Police Chief Schnell gave additional information.
2. Open Space
Councilmember Cardinal attended the Heritage Preservation Commission meeting last
Thursday and requested definitions of open space.
3. Planning Commission
Councilmember Cardinal reported on the July 7th Planning Commission meeting he
attended.
4. Cable Commission/Century Link
Councilmember Abrams reported on the progress of the bylaw issues for the Cable
Commission she raised. She then reported on the progress of working with Century Link as
it relates to franchising with the Cable Commission.
5. Maplewood Community Center, Green Business Information
Councilmember Abrams reported on the Green Business Expo that will be taking place on
Tuesday, October 27th at the Maplewood Community Center.
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6. Light it Up Maplewood
Councilmember Abrams reported on the July 4th/Light it Up Maplewood event and thanked
staff for the time and effort put into the successful event.
7. National Housing Conference
Mayor Slawik reported on the Regional Council of Mayors meeting that took place earlier in
the day and the discussion about the National House Conference.
O. ADJOURNMENT
Mayor Slawik adjourned the meeting at 9:36 p.m.