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HomeMy WebLinkAbout07-13-2015 City Council Meeting Minutes Page 1 of 20 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 Page 2 of 20 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 Page 3 of 20 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 Page 4 of 20 $ 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. Page 5 of 20 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 Page 6 of 20 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 Page 7 of 20 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 E2 July 13, 2015 City Council Meeting Minutes 8 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. E2 July 13, 2015 City Council Meeting Minutes 9 (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. E2 July 13, 2015 City Council Meeting Minutes 10 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. E2 July 13, 2015 City Council Meeting Minutes 11 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 E2 July 13, 2015 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. E2 July 13, 2015 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: E2 July 13, 2015 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. E2 July 13, 2015 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 E2 July 13, 2015 City Council Meeting Minutes 16 (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 E2 July 13, 2015 City Council Meeting Minutes 17 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 E2 July 13, 2015 City Council Meeting Minutes 18 • 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 E2 July 13, 2015 City Council Meeting Minutes 19 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. E2 July 13, 2015 City Council Meeting Minutes 20 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.