HomeMy WebLinkAbout2018-03-12 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, March 12, 2018
City Hall, Council Chambers
Meeting No. 05-18
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to
order at 7:06 p.m. by Mayor Slawik.
Mayor Slawik spoke about the passing of Mike Gengler, Owner of Gulden’s Roadhouse
Restaurant in Maplewood.
Councilmember Abrams reported on the event at Century College where the White Bear
Area Chamber brought Sophia, a humanoid robot.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Nora Slawik, Mayor Present
Marylee Abrams, Councilmember Present
Kathleen Juenemann, Councilmember Present
Bryan Smith, Councilmember Present
Tou Xiong, Councilmember Present
D. APPROVAL OF AGENDA
The following items were added to the agenda under Appointments and Presentations,
Council Presentations:
City Clean-Up
HealthEast/Fairview Needs Assessment
Councilmember Abrams moved to approve the agenda as amended.
Seconded by Councilmember Xiong Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of the February 26, 2018 City Council Workshop Minutes
Correct spelling of Alyssa Lightener to Lyssa Leitner.
Councilmember Juenemann moved to approve the February 26, 2018 City Council
Workshop Minutes as amended.
Seconded by Councilmember Abrams Ayes – All
March 12, 2018 1
City Council Meeting Minutes
The motion passed.
2. Approval of the February 26, 2018 City Council Meeting Minutes
Councilmember Abrams moved to approve the February 26, 2018 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave the update to the council calendar and the additional
tasks the council has requested.
2. Council Presentations
City-Wide Clean-Up
Councilmember Juenemann reported that the City Clean-Up event that will take place on
Saturday, April 21 at the Aldrich Arena.
HealthEast/Fairview Needs Assessment
Mayor Slawik reported on the HealthEast/East Metro Community Health Needs
Assessment. Environmental & Economic Development Director Konewko gave additional
information.
3. Presentation of 2017 Parks and Recreation Commission Annual Report
City Manager Coleman introduced the committee report. Commissioner Nikki Villavicencio
gave the 2017 Parks and Recreation Commission Annual Report.
Councilmember Abrams moved to approve the 2017 Parks and Recreation Commission
Annual Report.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
G. CONSENT AGENDA
Agenda item G2, G3 and G8 were highlighted.
Councilmember Juenemann moved to approve agenda items G1-G12.
Seconded by Councilmember Abrams Ayes – All
March 12, 2018 2
City Council Meeting Minutes
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 428,208.74 Checks # 101216 thru #101258
dated 02/27/18
$ 361,301.33 Disbursements via debits to checking account
dated 02/20/2018 thru 02/23/18
$ 967,362.51 Checks #101259 thru #101299
dated 03/01/18 thru 03/06/18
$ 590,338.30 Disbursements via debits to checking account
dated 02/26/18 thru 03/02/18
$ 2,347,210.88 Total Accounts Payable
PAYROLL
$ 531,642.52 Payroll Checks and Direct Deposits dated 02/23/18
$ 2,819.48 Payroll Deduction check # 99103126 thru # 99103130 dated 02/23/18
$ 534,462.00 Total Payroll
$ 2,881,672.88 GRAND TOTAL
Seconded by Councilmember Abrams Ayes – All
The motion passed.
2. Approval of the Rice-Larpenteur Gateway Area Vision Plan
Councilmember Juenemann moved to approve Rice-Larpenteur Gateway Area Vision Plan.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
3. Approval of the Waterfest Sponsorship
Councilmember Juenemann moved to approve the Waterfest Sponsorship in the amount of
$1,000 with the monies coming from the Environmental Utility Fund.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
March 12, 2018 3
City Council Meeting Minutes
4. Approval of Resolution of Support for Minnesota Department of
Transportation’s Corridors of Commerce Projects
Councilmember Juenemann moved to approve the Resolution of Support for Minnesota
Department of Transportation’s Corridors of Commerce Projects.
Resolution 18-03-1542
RESOLUTION OF SUPPORT FOR MINNESOTA DEPARTMENT
OF TRANSPORTATION’S CORRIDOR OF COMMERCE PROJECTS
WHEREAS, the Minnesota Department of Transportation is scoring potential project for
their 2018 Corridor of Commerce program; and
WHEREAS, the City of Maplewood has identified three projects that lie within the City of
Maplewood or may have impacts to traffic which flows through the City of Maplewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The City Council supports the following three projects to receive funding as part of
Minnesota Department of Transportation’s Corridor of Commerce Projects
a. State Trunk Highway 36 - Cleveland to I-35E
i. Add eastbound lane from the lane drop at Cleveland to I-35 E
interchange
b. State Trunk Highway 36 – Intersection of TH 36 and TH 120 (Century
Avenue)
i. Convert a signalized intersection on the roadway into an interchange
c. State Trunk Highway 36 – North Saint Paul to St. Croix River Bridge
i. Convert section of roadway into freeway design with interchange
access instead of signals and stop signs
Seconded by Councilmember Abrams Ayes – All
The motion passed.
5. County Road B Trail and Safety Improvements, City Project 14-02
a. Approval of Resolution Directing Modification of Existing Construction
Contract, Change Order No. 2
b. Approval of Resolution Directing Final Payment and Acceptance of
Project, County Road B Trail and Safety Improvements, City Project 14-
02
Councilmember Juenemann moved to approve the Resolution Directing the Modification of
the Existing Contraction Contract, Change Order No. 2, City Project 14-02.
Resolution 18-03-1543
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 14-02, CHANGE ORDER NO. 2
March 12, 2018 4
City Council Meeting Minutes
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvements Project 14-02, County Road B Trail and Safety Improvements, and
has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as County Road B Trail and Safety Improvements, City Project 14-02, Change
Order No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
1. The Mayor and City Engineer are hereby authorized and directed to modify
the existing contract by executing said Change Order No. 2 which is an
increase of $59,662.39.
2. The revised contract amount is $1,120,467.45.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the Resolution Directing Final Payment and
Acceptance of Project for the County Road B Trail and Safety Improvements, City Project
14-02.
Resolution 18-03-1544
APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT
PROJECT 14-02
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
County Road B Trail and Safety Improvements, City Project 14-02 and has let a
construction contract, and
WHEREAS, the City Engineer for the City of Maplewood has determined that the
County Road B Trail and Safety Improvements, City Project 14-02, is complete and
recommends acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
1. City Project 14-02 is complete and maintenance of this improvement is accepted
by the City; the final construction cost is $1,120,467.45. Final payment to Park
Construction Company and release of any retainage or escrow is hereby
authorized.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
6. Approval of a Temporary Lawful Gambling - Local Permit for the Knights of
Columbus Council #4374, 1695 Kennard Street
March 12, 2018 5
City Council Meeting Minutes
Councilmember Juenemann moved to approve the Temporary Lawful Gambling - Local
Permit for the Knights of Columbus Council #4374 fundraising event on March 24, 2018 at
the Presentation of the Blessed Virgin Mary School, located at 1695 Kennard Street.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
7. Approval of a Temporary Lawful Gambling – Local Permit for the Church of the
Presentation of the Blessed Virgin Mary, 1725 Kennard Street
Councilmember Juenemann moved to approve the Temporary Lawful Gambling - Local
thth
Permit for the Presentation of the Blessed Virgin Mary fundraising event on May 5 and 6,
2018 at the Presentation of the Blessed Virgin Mary Church, located at 1725 Kennard
Street.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
8. Approval of Agreement with Saint Paul Animal Control to Provide Animal
Impoundment Services for the City of Maplewood
Councilmember Juenemann moved to approve the City Manager and Mayor to enter into
an agreement with the City of Saint Paul Animal Control Facility to provide animal
impoundment services for the City of Maplewood.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
9. Approval of Payment for Zuercher Technologies Yearly Maintenance Support
Councilmember Juenemann moved to approve the payment in the amount of $40,029.57 to
support contract for Zuercher Technologies to keep current with updates and Zuercher
technical support available for staff.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
10. Approval of Payment for Axon Yearly Maintenance Support & Evidence.com
Subscription
Councilmember Juenemann moved to approve the payment in the amount of $93,664 for
Axon yearly maintenance support and Evidence.com subscription invoices to keep current
with updates and to keep Axon technical support available for staff.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
March 12, 2018 6
City Council Meeting Minutes
11. Approval of Agreement with Bolton & Menk for GIS Services
Councilmember Juenemann moved to approve the agreement with Bolton & Menk for GIS
Services in 2018 in the amount of $38,864.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
12. Approval to Authorize Furniture Purchase for Municipal Building Improvements
Project, City Project 17-01
Councilmember Juenemann moved to approve the purchase of furniture and installation
services from Commercial Furniture Services and direct the City Manager to enter into the
three purchase agreements with Commercial Furniture Services totaling $39,088.89.
Seconded by Councilmember Abrams Ayes – All
The motion passed.
H. PUBLIC HEARINGS
1. Londin-Highpoint Area Street Improvements, City Project 17-19
a. Public Hearing 7:00 pm
b. Consider Approval of Resolution Ordering Improvement (4 votes)
City Manager Coleman introduced the staff report. Assistant City Engineer Jarosch gave
the staff presentation.
Mayor Slawik opened the public hearing. The following people spoke:
1. Lyle Puppe, 2445 Londin Lane #211
2. Sharon Harper, 375 Crestview Drive S.
3. Grant Menefee, 448 Highpoint Curve S.
4. Karen Gilbert, 2445 Londin Lane E.
5. Christina Thill, 2356 Dorland Lane
6. Rob Barbosa, 2455 Londin Lane E. #321
Mayor Slawik closed the public hearing.
Councilmember Smith moved to approve the Resolution Ordering the Improvement for
Londin-Highpoint Area Street Improvements, City Project 17-19.
Resolution 18-03-1545
Ordering Improvement
WHEREAS, pursuant to a resolution of the City Council adopted January 22, 2018,
fixed a date for a council hearing on the proposed street improvements for the Londin-
Highpoint Area Street Improvements, City Project 17-19.
March 12, 2018 7
City Council Meeting Minutes
ESTIMATED PROJECT COST RECOVERY
TOTAL % OF TOTAL
FUNDING SOURCEAMOUNTPROJECT
GAS FRANCHISE FEE FUND$416,17142%
SPECIAL BENEFIT ASSESSMENT$468,85947%
ENVIRONMENTAL UTILITY FUND$28,8823%
SANITARY SEWER FUND$59,6346%
ST. PAUL W.A.C. FUND$27,8633%
TOTAL PROJECT FUNDING$1,001,409100%
AND WHEREAS, ten days mailed notice and two weeks published notice of the
hearing was given, and the hearing was duly held on March 12, 2018; and the council has
heard all persons desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility
report, that the City of Maplewood make improvements to the Londin-Highpoint Area Street
Improvements, City Project 17-19.
2. Such improvements ordered as proposed in the council resolution adopted
th
on the 12 day of March, 2018.
3. The City Engineer, or his designee, is the designated engineer for this
improvement project and is hereby directed to prepare final plans and specifications as
previously directed by the City Council at the January 22, 2018 council meeting.
4. The Finance Director was authorized to make the financial transfers
necessary for the preparation of plans and specifications at the January 22, 2018 council
meeting. A budget of $1,001,409.00 was established at that time. The proposed financing
plan shall be implemented and is as follows:
Seconded by Councilmember Abrams Ayes – All
The motion passed.
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Consider Approval of a Resolution Approving Subordination of a Loan and the
Execution and Delivery of Certain Documents Related Thereto with Respect to
the Maple Pond Apartments Project in the City
City Manager Coleman introduced the staff report. Finance Director Paulseth gave the staff
presentation. Sofia Lykke, attorney with Kennedy & Graven bond counsel addressed the
council to give additional information on the Subordination of a Loan and answer questions
of the council.
March 12, 2018 8
City Council Meeting Minutes
Councilmember Abrams moved to approve the Resolution Approving Subordination of a
Loan and the Execution and Delivery of Certain Documents Related Thereto with Respect
to the Maple Pond Apartments Project in the City for $100,000 principal and $20,000
interest into the EDA conditioned on acceptance by the applicant.
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION NO. 18-03-1546
RESOLUTION APPROVING SUBORDINATION OF A LOAN AND THE EXECUTION AND
DELIVERY OF CERTAIN DOCUMENTS RELATED THERETO WITH RESPECT TO THE
MAPLE POND APARTMENTS PROJECT IN THE CITY
WHEREAS, pursuant to a Metropolitan Livable Communities Act Local Housing
Incentives Account Grant Agreement (the “Grant Agreement”), between the Metropolitan
Council and the City of Maplewood (the “City”), the City received from the Metropolitan
Council certain grant funds intended, in part, to facilitate development of a multifamily housing
rental housing project, now commonly known as Maple Pond Apartments, located at 1854
Beebe Road in the City (the “Project”); and
WHEREAS, from the grant funds, the City provided a mortgage loan of $100,000 (the
“Original Loan”) to Maple Pond Limited Partnership, a Minnesota limited partnership (the
“Original Borrower”), the proceeds of which the Original Borrower applied to finance a portion
of the capital cost of the acquisition, rehabilitation, and equipping of the Project; and
WHEREAS, to evidence the Original Loan, the Original Borrower delivered a Local
Housing Incentives Account Promissory Note, dated December 30, 1998 (the “Original
Note”), obligating the Original Borrower to repay the Original Loan under the terms and
conditions thereunder; and
WHEREAS, the Original Note is secured by a Local Housing Incentives Account
Mortgage, dated December 30, 1998 (the “Original Mortgage”), by the Original Borrower in
favor of the City, which was filed against the Project; and
WHEREAS, pursuant to a Master Subordination Agreement, dated December 30,
1998, by and between the Original Borrower, the Minnesota Housing Finance Agency, the
Family Housing Fund, the City, and Bankers Trust Company, as trustee for Lehman Brothers
FHA-Insured Multifamily Mortgage Loan Trust 1992-A, the City consented to other loans
given to the Original Borrower to finance the Project and agreed to subordinate any liens and
security interests securing the repayment of the Original Loan, including the Original
Mortgage, and to take a fifth priority with respect to certain other loans secured by certain
other mortgages filed against the Project; and
WHEREAS, at the request of Maple Pond MDG Limited Partnership, a Minnesota
limited partnership (the “Borrower”) the City will issue its revenue bonds and notes or other
obligations, in the original aggregate principal amount not to exceed $11,200,000 (the
“Obligations”), including the Multifamily Housing Revenue Refunding Bonds (Maple Pond
Apartments Project), Series 2018A (the “Series 2018A Bonds”) and the Multifamily Housing
Revenue Refunding Note, Series 2018B, and loan the proceeds of the sale of the Obligations
to the Borrower (the “Series 2018 Bond Loan”); and
WHEREAS, the Borrower proposes to use the proceeds of the Series 2018 Bond
Loan to acquire the Project from the Original Borrower; and
March 12, 2018 9
City Council Meeting Minutes
WHEREAS, to provide and secure funds for the repayment of the portion of the Series
2018 Bond Loan related to the Series 2018A Bonds, the Borrower has secured United States
Department of Housing and Urban Development (“HUD”) insured financing through
Dougherty Mortgage LLC (the “Senior Lender”) for the Project; and
WHEREAS, HUD requires that the HUD insured financing be secured by a mortgage,
among other security; and
WHEREAS, in conjunction with the proposed financing related to the Project, the
Senior Lender requires, and the Borrower has requested, that the City subordinate its
interests under the Original Note secured by the Original Mortgage filed against the Project
to the interests of the Senior Lender under the Senior Lender’s loan documents; and
WHEREAS, to accomplish such subordination of the City’s interests in the Project,
the Borrower proposes to repay the Original Loan in full with the proceeds of a new loan from
the City to the Borrower in the approximate principal amount of $100,000 (the “Loan”); and
WHEREAS, in connection with the Loan, the Borrower will execute and deliver to the
City a Promissory Note (the “Note”) and a Mortgage (the “Mortgage”) to secure its repayment
obligations to the City with respect to the Loan; and
WHEREAS, pursuant to a Subordination Agreement (the “Subordination Agreement”)
proposed to be entered into between the Senior Lender, the Borrower, and the City, the City
will subordinate its interests under the Note secured by the Mortgage filed against the Project
to the interests of the Senior Lender under the Senior Lender’s loan documents; and
WHEREAS, the City is willing to make the Loan to the Borrower in order to repay the
Original Loan and thereby make the Project more economically feasible and to preserve
affordable housing in the City; and
WHEREAS, there has been presented before this City Council forms of the Note, the
Mortgage, and the Subordination Agreement;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Maplewood, Minnesota as follows:
1. The Loan is hereby approved and shall be a deferred loan, the repayment of which
shall be as provided by the terms of the Note.
2. The Loan, as evidenced by the Note and secured by the Mortgage, will be made
under a low and moderate income or other affordable housing program of the City,
and therefore the tax imposed by Minnesota Statutes, Section 287.035 does not
apply.
3. The Note, the Mortgage, and the Subordination Agreement are hereby in all respects
authorized, approved, and confirmed, and the Mayor and the City Manager are hereby
authorized and directed to execute the Subordination Agreement for and on behalf of
the City in substantially the forms now on file with the City, with such modifications as
shall be deemed necessary, desirable, or appropriate, the execution thereof to
constitute conclusive evidence of their approval of any and all modifications therein.
March 12, 2018 10
City Council Meeting Minutes
4. The City hereby approves the forms of the Note, the Mortgage, and the Subordination
Agreement in substantially the forms on file.
5. The Chair and the City Manager are hereby authorized to execute and deliver any
and all documents deemed necessary to carry out the intentions of this resolution.
6. This resolution shall take effect and be in full force from and after its approval.
Seconded by Councilmember Juenemann Ayes – All
The motion passed
2. Consider Approval of a Resolution for a Wetland Buffer Variance for a New
House at 832 McKnight Road South
City Manager Coleman introduced the staff report. Environmental Planner Finwall
presented the staff report.
Councilmember Juenemann moved to approve the resolution authorizing a 57-foot wetland
buffer variance for 832 McKnight Road South for the construction of a new single family
house.
Resolution 18-03-1547
VARIANCE RESOLUTION
WHEREAS, John and Sheila Mohr applied for a variance from the wetland
ordinance.
WHEREAS, this variance applies to the property located at 832 McKnight Road
South, Maplewood, MN. The property identification number is 13-28-22-22-0089. The
nd
legal description is the W 107 feet of Lots 1 and 2, Block 1, Chesterwood 2 Addition,
Ramsey County, Minnesota.
WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams)
requires a wetland buffer of 75 feet minimum and 100 feet average adjacent to Manage A
wetlands.
WHEREAS, the applicants are proposing to construct a single family house and
grading for the house to within 18 feet of a Manage A wetland, requiring a 57-foot wetland
buffer variance.
WHEREAS, the history of this variance is as follows:
1. On January 16, 2018, the Planning Commission held a public hearing to review this
proposal. City staff published a notice in the paper and sent notices to the surrounding
property owners as required by law. The Planning Commission gave everyone at the
hearing a chance to speak and present written statements. The Planning Commission
recommended approval of the wetland buffer variance to the City Council.
2. On January 25, 2018, the Environmental and Natural Resources Commission
reviewed the wetland buffer variance and mitigation strategies and tabled the request in
order to review additional information relating to the wetland buffer impacts.
March 12, 2018 11
City Council Meeting Minutes
3. On February 27, 2018, the Environmental and Natural Resources Commission
reviewed the wetland buffer variance and mitigation strategies and recommended approval
of the wetland buffer variance.
4. The City Council held a public meeting on March 12, 2018 to review this proposal.
The City Council considered the report and recommendations of the city staff, the Planning
Commission, and the Environmental and Natural Resources Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above-
described variance based on the following reasons:
1. Strict enforcement of the ordinance would cause the applicant practical difficulties
because complying with the wetland buffer requirement stipulated by the ordinance
would prohibit the building of any permanent structures, substantially diminishing the
potential of this lot.
2. Approval of the wetland buffer variance will include mitigation strategies to reduce
the impacts to the wetland. These include restoration of the disturbed portions of
the wetland buffer and the installation of wetland buffer signs.
3. Approval would meet the spirit and intent of the ordinance with the construction of a
new single family house on a vacant lot that is zoned and guided in the City’s
comprehensive plan as residential.
Approval of the wetland buffer variance shall be subject to the following:
1. Prior to issuance of a grading and building permit for the new single family house at
832 McKnight Road the applicants must submit:
a. A tree plan which shows the location, size, and species of all significant trees
located on the lot, and the trees that will be removed with the construction of
the new single family house. Removal of significant trees with the
construction of the single family house must comply with the City’s tree
preservation ordinance and tree replacement requirements.
b. Address all conditions of approval as outlined in the February 20, 2018,
wetland buffer planting comments.
c. A wetland buffer sign plan to be approved by City staff. The number and
location of wetland buffer signs to be installed along the edge of the wetland
buffer. The signs indicate that no building, grading, mowing, or cutting is
permitted within the buffer.
d. Address all conditions of approval as outlined in the February 22, 2018,
engineering plan review.
e. Address all conditions of approval as outlined in the January 16, 2018, soils
report review.
March 12, 2018 12
City Council Meeting Minutes
f. Submit a rain gutter plan to show the style and location of rain gutters to be
installed on the house and attached garage to direct water away from the
wetland buffer.
g. Submit a cash escrow or letter of credit to cover 150 percent of estimated
cost of the wetland buffer mitigation and wetland signs. Prior to release of
the wetland buffer mitigation surety, the wetland buffer native plantings must
be established and the wetland buffer signs must be installed.
2. Work with City staff during construction to ensure erosion control and establishment
of the wetland buffer plantings are complete per the City of Maplewood
requirements.
Seconded by Councilmember Smith Ayes – All
The motion passed
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Slawik adjourned the meeting at 8:39 p.m.
March 12, 2018 13
City Council Meeting Minutes