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HomeMy WebLinkAbout2019-10-14 City Council Meeting MinutesA. C 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. October 14, 2019 2 City Council Meeting Minutes 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 October 14, 2019 3 City Council Meeting Minutes 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. October 14, 2019 4 City Council Meeting Minutes 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 October 14, 2019 5 City Council Meeting Minutes 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 October 14, 2019 6 City Council Meeting Minutes 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 October 14, 2019 7 City Council Meeting Minutes 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 October 14, 2019 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 October 14, 2019 9 City Council Meeting Minutes 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 October 14, 2019 10 City Council Meeting Minutes 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. October 14, 2019 11 City Council Meeting Minutes 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. October 14, 2019 12 City Council Meeting Minutes 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. October 14, 2019 13 City Council Meeting Minutes 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. October 14, 2019 14 City Council Meeting Minutes 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