HomeMy WebLinkAbout2019-10-14 City Council Meeting MinutesA.
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, October 14, 2019
City Hall, Council Chambers
Meeting No. 19-19
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:00 p.m. by Mayor Abrams.
Mayor Abrams reported on the Transportation Conference in Richmond, VA she
attended. Public Works Director Love gave additional information about the conference.
PLEDGE OF ALLEGIANCE
ROLL CALL
Marylee Abrams, Mayor
Present
Kathleen Juenemann, Councilmember
Present
William Knutson, Councilmember
Present
Sylvia Neblett, Councilmember
Present
Bryan Smith, Councilmember
Present
APPROVAL OF AGENDA
Agenda item G12 was removed from the agenda.
Agenda item G14 Accept Traditional Hmong Necklace from the Moua Family with
Unison Restaurant & Banquet Hall was added to the consent agenda.
The following items were added to the agenda under Council Presentation:
Gold Line
T21
Commission Candidate Interview Suggestion
Tartan Exchange Student from Pakistan
Harambee Elementary Construction Project
Nepali Kitchen
Fall Clean -Up
Councilmember Juenemann moved to approve the agenda as amended.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
E. APPROVAL OF MINUTES
1. September 23, 2019 City Council Workshop Minutes
October 14, 2019
City Council Meeting Minutes
1
Councilmember Knutson moved to approve the September 23, 2019 City Council
Workshop Minutes as submitted.
Seconded by Councilmember Neblett Ayes — Mayor Abrams, Council
Members Knutson, Neblett
and Smith
Abstain — Councilmember Juenemann
The motion passed.
2. September 23, 2019 City Council Meeting Minutes
Councilmember Smith moved to approve the September 23, 2019 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Neblett Ayes — Mayor Abrams, Council
Members Knutson, Neblett
and Smith
Abstain — Councilmember Juenemann
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave an update to the council calendar; reviewed other topics of
concern or interest requested by councilmembers; and gave an overview of upcoming
events in the community.
2. Council Presentations
Gold Line
Councilmember Smith reported on the Gold Line quarterly Management Team Meeting
he recently attended.
T21
Councilmember Neblett reported on emails from citizens regarding where the council is
with T21. City Manager Coleman gave an update on the status of T21. Mayor Abrams
gave additional information on T21.
Commission Candidate Interview Suggestion
Councilmember Neblett reported on the Commission Candidate Interview Suggestions
the council received from City Manager Coleman and how to diversify the commissions.
Tartan Exchange Student from Pakistan
Mayor Abrams introduced Machal Wajiid, from Pakistan; she is in the US on a federal
YES scholarship and is attending Tartan High School. Machal addressed the council to
give additional information on the scholarship and her US experience.
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Harambee Elementary Construction Project
Mayor Abrams reported on the ground breaking at Harambee Elementary School to
celebrate the renovations that had been done in the building.
Napoli Kitchen
Mayor Abrams reported on the ribbon -cutting at the new Nepali Kitchen in Maplewood.
Fall Clean -Up
Councilmember Juenemann reported on the 2019 Fall Clean -Up.
G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
The following items were highlighted G3, G4, G5, and G11.
Councilmember Juenemann moved to approve agenda items G1 -G11 and G13 -G14.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 647,022.43 Checks #104307 thru #104340
dated 09/24/19
$ 692,176.62 Disbursements via debits to checking account
dated 09/16/19 thru 09/20/19
$ 463,306.21 Checks #104343 thru # 104371
dated 10/01 /19
$ 453,749.84 Disbursements via debits to checking account
dated 09/23/19 thru 09/27/19
$ 666,674.09 Checks # 104372 thru # 104412
dated 10/02/19 thru 10/08/2019
$ 776,560.50 Disbursements via debits to checking account
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dated 09/30/19 thru 10/04/19
$
3,699,489.69
Total Accounts Payable
PAYROLL
$
585,794.20
Payroll Checks and Direct Deposits dated 09/20/19
$
3,276.03
Payroll Deduction check # 99103906 thru # 99103910 dated 09/20/19
$
597,226.49
Payroll Checks and Direct Deposits dated 10/04/19
$
2,569.23
Payroll Deduction check # 99103926 thru # 99103929 dated 10/04/19
$ 1,188,865.95 Total Payroll
$ 4,888,355.64 GRAND TOTAL
Seconded by Councilmember Neblett Ayes — All
The motion passed.
2. Resolution to Authorize Fire Truck Tax -Exempt Lease Financing
Councilmember Juenemann moved to approve the resolution authorizing the execution
and delivery of a lease -purchase agreement and related documents; and declaring the
official intent of the city to reimburse certain expenditures from the proceeds thereof.
Resolution 19-10-1731
Authorizing the Execution and Delivery of a Lease -Purchase Agreement and Related
Documents; and Declaring the Official intent of the City to Reimburse Certain
Expenditures from the Proceeds Thereof
BE IT RESOLVED by the City Council of the City of Maplewood, Ramsey
County, Minnesota (the "City"), as follows:
Section 1.Recitals.
1.01. The City is authorized by Minnesota Statutes, Section 465.71, as
amended (the "Act"), to acquire personal property under lease -purchase agreements.
1.02. The City intends to purchase a fire truck (the "Equipment") for use by
the City's fire department.
1.03. The City intends to enter into a Master Tax -Exempt Lease/Purchase
Agreement, as supplemented by all exhibits and schedule attached thereto (collectively,
the "Lease"), dated on or after the date hereof, with U.S. Bancorp Government Lease
and Finance, Inc. (the "Lender") to finance the acquisition of the Equipment.
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1.04. The Lease requires the City to make payments (the "Lease
Payments") representing principal and interest, during the term of the Lease, subject to
the right of the City, as required by the Act, at the end of any fiscal year to determine not
to appropriate for future Lease Payments. The aggregate principal amount to be paid by
the City pursuant to the Lease is $720,000.00 and the interest component of the Lease
Payments to be made by the City under the Lease is computed at a rate of 2.275% per
annum. Upon payment of all Lease Payments, the Lease will terminate, and the
Equipment will be the property of the City.
1.05. A form of the Lease has been prepared by the Lender and is on file
with the City Clerk.
Section 2.Findings. On the basis of information given the City to date, it is hereby found,
determined, and declared that:
(a) It is desirable and in the best interest of the City to purchase the
Equipment and to enter into the Lease.
(b) The terms of the Lease are found to be advantageous to the City and
the form and terms thereof are approved.
(c) The Equipment constitutes essential government property, and the
City presently intends to appropriate all Lease Payments under the Lease for the term of
the Lease; however, the obligations of the City under the Lease are not to be payable
from nor charged upon any funds of the City other than the funds appropriated annually
to the payment thereof, and the Lease will not constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the City except its interest in the Lease and in
the Equipment.
Section 3.Authorized Officials. The Lease and all related documents (the "Financing
Documents") and the acquisition and financing of the Equipment under the terms and
conditions as described in the Financing Documents are hereby approved. The Mayor
of the City, the City Manager, and any other officer of the City who is required to execute
contracts on behalf of the City are, and each of them hereby is, authorized to execute,
acknowledge and deliver the Financing Documents with any changes, insertions and
omissions therein as may be approved by the officers who execute the Financing
Documents, such approval to be conclusively evidenced by such execution and delivery
of the Financing Documents. The Mayor of the City, the City Manager, and any other
required officer of the City are authorized to affix the official seal of the City to the
Financing Documents and attest the same.
Section 4. Execution of Documents. The proper officers of the City are hereby
authorized and directed to execute and deliver any and all papers, instruments,
documents opinions, certificates, affidavits and other documents and to do or cause to
be done any and all other acts and things necessary or proper for carrying out this
resolution and the Financing Documents.
Section 5. Payment of Lease Payments. The City will pay to the Lender, promptly when
due, all of the Lease Payments and other amounts required by the Lease. To provide
moneys to make such payments, the City will include in its annual budget, for each
Fiscal Year during the term of the Lease, commencing with the Fiscal Year ending on
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December 31, 2020, moneys sufficient to pay and for the purpose of paying all Lease
Payments, a reasonable estimate of Lease Payments, and other amounts payable under
the Lease, and will take all other actions necessary to provide moneys for the payment
of the obligations of the City under the Lease from sources of the City lawfully available
for the purpose. The agreement of the City in this section is subject to the City's right to
terminate the Lease at the end of any Fiscal Year, as set forth in the Lease.
Section 6.Registration and Transfer. The City Finance Director of the City is hereby
appointed the registrar with respect to the Lease. The City will cause to be kept a
register in which the registrar shall provide for the registration of the Lease.
The Lease shall be registered in the name of the payee on the books of the registrar
initially and when notice of any transfer or assignment is received. The City and
registrar may treat the registered owner of the Lease as the person exclusively entitled
to exercise all the rights and powers of the owner.
The registrar shall require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer of the Lease.
Section 7.Treatment of Registered Owner. The City and the registrar may treat the
person in whose name the Lease is registered as the owner of the Lease for the purpose
of receiving payments thereon and for all other purposes whatsoever, and neither the
City nor the registrar shall be affected by notice to the contrary.
Section 8.Qualified Tax -Exempt Obligation. In order to qualify the Lease as a "qualified
tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code, the City
makes the following factual statements and representations:
(a) the Lease is not a "private activity bond" as defined in Section 141 of
the Code;
(b) the City designates the Lease as a "qualified tax-exempt obligation"
for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other
than private activity bonds that are not qualified 501(c)(3) bonds and 501(c)(3) bonds)
which will be issued by the City (and all subordinate entities of the City) during calendar
year 2019 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during
calendar year 2019 have been designated for purposes of Section 265(b)(3) of the
Code.
Section 9. No Arbitrage. Until expended on the Equipment, the proceeds of the Lease
will be deposited and utilized in conformance with the terms thereof. Payments on the
Lease shall be made from annual appropriations made by the City Council in each fiscal
year, and money to make such payment shall not be segregated in any special fund of
the City. No portion of the proceeds of the Lease will be used directly or indirectly to
acquire higher yielding investments or to replace funds which were used directly or
indirectly to acquire higher yielding investments. In addition, the proceeds of the Lease
and money used to make payments on the Lease shall not be invested in obligations or
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deposits issued by, guaranteed by or insured by the United States or any agency or
instrumentality thereof if and to the extent that such investment would cause the Lease
to be "federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 10. Records and Certificates. The proper officers of the City are hereby
authorized and directed to prepare and furnish to the Lender and Kennedy and Graven,
Chartered, as bond counsel to the City, certified copies of all proceedings and records of
the City relating to the Lease and to the financial condition and affairs of the City, and
such other affidavits, certificates and information as are required to show the facts
relating to the legality of the Lease, and all such certified copies, certificates, and
affidavits, including any heretofore furnished, shall be deemed representations of the
City as to the facts recited therein.
Section 11. Negative Covenants as to Use of Proceeds and Equipment. The City
hereby covenants not to use the proceeds of the Lease or to use the Equipment, or to
cause or permit them to be used, or to enter into any deferred payment arrangements for
the cost of the Equipment, in such a manner as to cause the Lease to be a "private
activity bond" within the meaning of Sections 103 and 141 through 150 of the Code. The
City reasonably expects that no actions will be taken over the term of the Lease that
would cause it to be a "private activity bond", and the average term of the Lease is no
longer than reasonably necessary for the governmental purpose. The City hereby
covenants not to use the proceeds of the Lease in such a manner as to cause the Lease
to be a "hedge bond" within the meaning of Section 149(g) of the Code.
Section 12. Tax -Exempt Status of Lease; Rebate; Elections. The City shall comply
with the requirements necessary under the Code to establish and maintain the exclusion
from gross income under Section 103 of the Code of the interest on the Lease. If any
elections are available now, or hereafter with respect to arbitrage or rebate matters
relating to the Lease, the Mayor, City Finance Director, or either of them, are hereby
authorized and directed to make such elections as they deem necessary, appropriate or
desirable in connection with the Lease in order to retain the tax-exempt status, and all
such elections shall be, and shall be deemed and treated as, elections of the City.
Section 13. Declaration of Official Intent to Reimburse Certain Costs from Proceeds of
the Lease. The City hereby makes this declaration of official intent (the "Declaration") to
reimburse the expenditures made or to be made with respect to the Equipment from the
proceeds of the Lease in accordance with Treasury Regulations, Section 1.150-2
(the "Reimbursement Regulations") promulgated under the Code. All reimbursed
expenditures will be capital expenditures, costs of issuance of the bonds, or other
expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the
Reimbursement Regulations. This Declaration has been made not later than 60 days
after payment of any original expenditure to be subject to a reimbursement allocation
with respect to the proceeds of tax-exempt obligations, except for the following
expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of
$100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up
to an amount not in excess of 20 percent of the aggregate issue price of the issue or
issues that finance or are reasonably expected by the City to finance the project for
which the preliminary expenditures were incurred. The term "preliminary expenditures"
includes architectural, engineering, surveying, bond issuance, and similar costs that are
incurred prior to commencement of acquisition, construction or rehabilitation of a project,
other than land acquisition, site preparation, and similar costs incident to
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commencement of construction.
Section 14. Bond Counsel. Kennedy and Graven, Chartered is hereby designated as
bond counsel to the City with respect to the Lease and is hereby authorized to take all
actions necessary to prepare necessary documents to permit the execution of the Lease
and the financing of the Equipment.
Section 15. Severability. If any section, paragraph or provision on this resolution shall
be held to be invalid, or unenforceable for any reason, the invalidity or unenforceability of
such section, paragraph, or provision shall not affect any of the remaining provisions of
this resolution.
Section 16. Headings. Headings in this resolution are included for convenience only
and are not a part hereof. The headings in this resolution are not intended to limit or
define the meaning of any provision hereto.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
3. Resolution Accepting Donation from Grupa Portrait Studio, LLC
Councilmember Juenemann moved to approve the resolution accepting a donation in
the amount of $500.00 from Grupa Portrait Studio, LLC and to authorize the Finance
Director to increase the Youth Scholarship Fund budaet by that amount: $500.00.
Resolution 19-10-1732
Acceptance of Donation
WHEREAS the City of Maplewood and the Parks and Recreation Department
has received a donation of $500.00 in support of the department;
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council
authorizes the City of Maplewood, Parks and Recreation Department to accept this
donation.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
4. Resolution Accepting Donation from Cynthia Gillett and Daniel Sadoff
Councilmember Juenemann moved to approve the resolution accepting a donation in
the amount of $1,000.00 from Cynthia Gillett and Daniel Sadoff for a bench at Fish
Creek Preserve.
Resolution 19-10-1733
Acceptance of Donation
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City Council Meeting Minutes
WHEREAS the City of Maplewood and the Parks and Recreation Department
has received a donation of $1000.00 for a bench and plaque from Cynthia Gillett and
Daniel Sadoff;
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council
authorizes the City of Maplewood, Parks and Recreation Department to accept this
donation.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
5. Resolution Accepting Complete Count Committee Grant
Councilmember Juenemann moved to approve the resolution accepting the Minneapolis
Foundation Grant in the amount of $750.00 for the Census Complete Count Committee.
Resolution 19-10-1734
Acceptance of Donation
WHEREAS the City of Maplewood, through its Census Complete Count
Committee has been awarded a grant of $750.00 to help offset Census outreach costs;
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council
authorizes the City of Maplewood to accept this donation.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
6. Resolution for a Lawful Gambling Premises Permit for Tartan Area Youth
Hockey at Buffalo Wild Wings, 3085 White Bear Avenue
Councilmember Juenemann moved to approve the resolution for a lawful gambling
Premises permit for Tartan Area Youth Hockey to conduct gambling activities at Buffalo
Wild Winas. 3085 White Bear Avenue.
Resolution 19-10-1735
Lawful Gambling Premises Permit for
Tartan Area Youth Hockey at Buffalo Wild Wings
WHEREAS, Tartan Area Youth Hockey has submitted an application to the City
of Maplewood requesting City approval of a Lawful Gambling Premises permit
application, to be used at Buffalo Wild Wings, 3085 White Bear Avenue, Maplewood,
MN;
WHEREAS, local approval is required prior to the Gambling Control Board's
issuance of a premises permit;
BE IT HEREBY RESOLVED, by the City Council of Maplewood, MN, that the
premises permit for lawful gambling is approved for Tartan Area Youth Hockey to
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conduct gambling activities at Buffalo Wild Wings, 3085 White Bear Avenue,
Maplewood, MN.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Board approve said permit application as being in compliance with Minnesota
Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City
Council of Maplewood, MN, be forwarded to the Gambling Control Board for their
approval.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
7. Designation of Official Newspaper
Councilmember Juenemann moved to approve to designate the Pioneer Press as the
official newspaper for the city of Maplewood.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
8. Contract for Purchase of Gas and Diesel Fuel with the State of Minnesota
Fixed Price Fuel Program for 2020
Councilmember Juenemann moved to approve to direct the Mayor and City Manager to
enter into a contract with the State of Minnesota Fixed Price Fuel Program for 2020 fuel
purchases.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
9. Resolution Directing Modification of Existing Construction Contract, Change
Order No. 1, Gladstone Phase 3 Corridor Improvements, City Project 16-18
Councilmember Juenemann moved to approve the resolution Directing Modification of
Existing Construction Contract, Change Order No. 1, City Project 16-18, and authorize
the Mayor and City Manager to sign Change Order No. 1.
Resolution 19-10-1736
Directing Modification of Existing Construction Contract
Project 16-18, Change Order No. 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
Improvement Project 16-18, Gladstone Phase 3 Corridor Improvements, and has let a
construction contract pursuant to Minnesota Statutes, Chapter 429, and
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WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Gladstone Phase 3 Corridor Improvements, City Project 16-18, Change
Order No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
1. The Mayor and City Manager are hereby authorized and directed to modify
the existing contract by executing said Change Order No. 1 which is an
increase of $57,517.13.
The revised contract amount is $4,049,618.78.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
10. Purchase of One Utility Tractor
Councilmember Juenemann moved to approve the purchase of one utility tractor and
direct the Mayor and City Manager to enter into a contract with Frontier Ag and Turf for
the purchase under MN State Contract #021815 -DAC in the amount of $147,469.17.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
11. Agreement with City of St. Paul and Acceptance of Department of Public
Safety Grant Money
Councilmember Juenemann moved to approve the agreement with City of St. Paul and
accept the Department of Public Safety grant money.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
12. 2019 - 2020 School Resource Officer Agreement with Independent School
District 622
This item was removed from the agenda.
13. TGK Automotive Service, 2545 Conway Avenue East
a. Conditional Use Permit Resolution
b. Setback Variance Resolution
c. Design Review
Councilmember Juenemann moved to approve the conditional use permit resolution for
a motor vehicle maintenance aaraae at 2545 Conwav Avenue East which is within the
business commercial zoning district.
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Resolution 19-10-1737
Conditional Use Permit Resolution
WHEREAS, TGK Automotive Specialists, owner of the property located at 2545
Conway Avenue East, has applied for a conditional use permit for its motor vehicle
maintenance garage within the Business Commercial (BC) district.
WHEREAS, this permit applies to the property located at 2545 Conway Avenue
East. The legal description of the property is:
The South 205 feet of the West 188.84 feet of the South 2/3 of the West 1
/2 of the East 3/4 of the Southwest 1 /4 of the Northeast 1 /4 of Section
36, Township 29, Range 22, Ramsey County, Minnesota. (PIN 36-29-22-
13-0019).
WHEREAS, the history of this conditional use permit is as follows:
On September 17, 2019, the planning commission held a public hearing.
The city staff published a hearing notice in the Maplewood Review and
sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing a chance to speak and present
written statements. The planning commission recommended that the city
council approve the conditional use permit.
2. On October 14, 2019, the city council discussed the conditional use
permit. They considered reports and recommendations from the planning
commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the
above-described conditional use permit because:
The use would be located, designed, maintained, constructed and
operated to be in conformity with the City's Comprehensive Plan and
Code of Ordinances.
2. The use would not change the existing or planned character of the
surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
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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 construction shall follow the site plan approved by the city. The director of
community development may approve minor changes.
2. The proposed construction must be started within one year of council
approval or the permit shall end. The council may extend this deadline for
one year.
3. The city council shall review this permit in one year.
4. The property owner shall not park on the grass or landscaped areas
5. All activity shall be confined to the site. There shall be no loading or
unloading of vehicles on the street rights-of-way. All employees must park
within the site. No employee parking is allowed on any nearby public streets.
6. The motor vehicle maintenance garage shall not store damaged vehicles on
the site except in the building.
7. The motor vehicle maintenance garage shall not store any tires, vehicle parts,
garbage, trash, waste materials or other debris outside. All such storage must
be inside the building or in approved enclosure.
8. The motor vehicle maintenance garage shall ensure that all vehicle repair,
assembly, disassembly and maintenance is done within the enclosed
building.
9. The site shall install needed security lighting and cameras.
10. Comply with all city ordinance requirements for signage and parking.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
Councilmember Juenemann moved to approve the setback variance resolution for a
motor vehicle maintenance garage at 2545 Conway Avenue East which allows a 48 -foot
variance from the city's setback requirements.
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Resolution 19-10-1738
Setback Variance Resolution
WHEREAS, TGK Automotive Specialists, owner of the property located at 2545
Conway Avenue East, has, applied for a 48 -foot setback variance to build an addition to
its motor vehicle maintenance garage building near residential properties the city has
planned for residential use. The property is setback 302 feet from the nearest residential
property line.
WHEREAS, Section 44-512(8)(c) requires motor vehicle maintenance garages
be setback 350 feet of any property that the city is planning for residential use.
WHEREAS, the applicant's property is setback 302 feet from property that the
city is planning for residential use.
WHEREAS, this variance applies to the property located at 2545 Conway
Avenue East. The legal description of the property is:
The South 205 feet of the West 188.84 feet of the South 2/3 of the West
1 /2 of the East 3/4 of the Southwest 1 /4 of the Northeast 1 /4 of Section
36, Township 29, Range 22, Ramsey County, Minnesota.
(PIN 36-29-22-13-0019).
WHEREAS, the history of this variance is as follows:
On September 17, 2019, the planning commission held a public hearing.
The city staff published a hearing notice in the Maplewood Review and
sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing a chance to speak and present
written statements. The planning commission recommended that the city
council approve the variance.
2. On October 14, 2019, the city council discussed the variance. They
considered reports and recommendations from the planning commission
and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above
described variance for the following reasons:
The proposed use would be in harmony with the general purposes and
intent of the zoning ordinance since this property has been used as a
motor vehicle maintenance garage for 57 years.
2. The existing and future use of the property is consistent with the
commercial classification of the Maplewood Comprehensive Plan.
3. The applicant is proposing to use the property in a reasonable manner
that would otherwise not be permitted by the city's requirement that motor
vehicle maintenance garages be setback 350 foot from properties the city
has planned for residential.
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4. Strict enforcement of the ordinance would cause the applicant practical
difficulties because complying with the setback requirement stipulated by
the ordinance would prohibit the addition to the motor vehicle
maintenance garages on this site.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
Councilmember Juenemann moved to approve the design plans date-stamped
September 4, 2019 for the 1,952 square foot building addition to the site located at 2545
Conway Avenue East. Approval is subject to the applicant doing the following:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. All requirements of the fire marshal and building official must be met.
3. Meet all requirements in the engineering report, dated September 4, 2019.
4. Prior to the issuance of a building permit, the applicant shall submit for staff approval
a revised site plan showing all non -accessible parking spaces being at least nine
feet, six inches in width.
5. Prior to the issuance of a building permit, the applicant shall provide the city with
cash escrow or an irrevocable letter of credit for the exterior site improvements. Staff
shall determine the dollar amount of the escrow.
6. All work shall follow the approved plans. The director of community development
may approve minor changes.
7. The applicant shall fix the existing light standards.
8. The existing damaged panels shall be fixed on the south side of the building.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
14. Accept Traditional Hmong Necklace from the Moua Family with Unison
Restaurant & Banquet Hall
Councilmember Juenemann moved to accept the Traditional Hmong Necklace from the
Moua familv with Unison Restaurant & Banauet Hall.
Seconded by Councilmember Neblett Ayes — All
The motion passed.
H. PUBLIC HEARINGS — If you are here fora Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address
clearly for the record. All comments/questions shall be posed to the Mayor and Council.
The Mayor will then direct staff, as appropriate, to answer questions or respond to
comments.
None
October 14, 2019 15
City Council Meeting Minutes
UNFINISHED BUSINESS
Award of 2020 Charitable Gambling Funds
City Manager Coleman gave the report.
Councilmember Juenemann moved to approve the proposed award amounts below.
Organization
Amount
Requested
Recommended
Award
Carver Elementary PTO
$
5,859.00
$
1,400.00
CHILD, Inc.
$
2,000.00
$
1,330.00
Dispute Resolution Center
$
3,000.00
$
1,070.00
Friends of Maplewood Nature
$
6,000.00
$
1,940.00
ISD 622 Education Foundation
$
2,500.00
$
1,800.00
ISD 622 Fusion Drumline Parent Booster Organization
$
1,000.00
$
500.00
ISD 622 Gladstone Meals on Wheels
$
5,000.00
$
2,030.00
Maplewood Area Historical Society
$
9,250.00
$
2,160.00
Maplewood Police Reserves
$
2,500.00
$
1,480.00
Maplewood Youth Scholarship Fund
$
3,500.00
$
2,230.00
North High School Bands
$
2,000.00
$
760.00
North High School Robotics Team 2501
$
5,000.00
$
1,170.00
Northern Lights Show Choir
$
5,000.00
$
1,200.00
Operation Grace MN
$
3,000.00
$
1,740.00
Prevent 7
$
3,500.00
$
1,020.00
Ramsey County Fair
$
2,500.00
$
1,170.00
Silver Lake Improvement Association
$
1,000.00
$
400.00
Special Olympics MN - Maplewood Monarchs
$
1,000.00
$
800.00
Tubman Family Alliance
$
1,500.00
$
1,250.00
Weaver Elementary School
$
3,000.00
$
1,310.00
Webster Elementary School
$
3,000.00
$
1,370.00
YMCA of the Greater Twin Cities
$
3,500.00
$
1,870.00
Seconded by Councilmember Smith Ayes — All
The motion passed.
J. NEW BUSINESS
None
K. AWARD OF BIDS
Resolution Receiving Bids and Awarding Construction Contract for Building
1902 HVAC Upgrades, Project 19-18
Public Works Director Love gave the staff report.
October 14, 2019 16
City Council Meeting Minutes
Councilmember Smith moved to approve the Resolution for Receiving Bids and
Awarding Construction Contract, including Base Bid, and accepting Alternate No. 1, for
the Building 1902 HVAC Upgrades, City project 19-18, to NAC Mechanical and Electrical
Services in the amount of $180.900.
Resolution 19-10-1739
Receiving Bids and Awarding Construction Contract
WHEREAS, pursuant to resolution passed by the City Council on August 26,
2019, approving plans and specifications and advertising for bids for the Building 1902
HVAC Upgrades, City Project 19-18, and
WHEREAS, the plans and specifications were advertised for bids, and
WHEREAS, bids were received and opened on September 26, 2019 at 10:00
A. M.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the bid by NAC Mechanical & Electrical Services in
the amount of $180,900.00 is the lowest responsible bid for the construction of the
Building 1902 HVAC Upgrades, City Project 19-18, and the Mayor and the City Manager
are hereby authorized and directed to enter into a contract with said bidder for and on
behalf of the City.
FURTHERMORE, a budget of $269,000.00 has been established in the Building
Fund. The Finance Director is hereby authorized to make the financial transfers
necessary to implement the financing plan to finance said project.
Seconded by Councilmember Knutson Ayes — All
The motion passed.
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 8:07 p.m.
October 14, 2019 17
City Council Meeting Minutes