HomeMy WebLinkAbout07-26-2010
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,July 26, 2010
Council Chambers, City Hall
Meeting No.16-10
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:03p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
James Llanas, CouncilmemberPresent
John Nephew, CouncilmemberPresent
Julie Wasiluk, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added or changed to the agenda by councilmembers:
N1.National Night Out –Councilmember Juenemann
N2.Housing Improvement Areas–CouncilmembersWasiluk& Nephew
M1.Taste of Maplewood Update –City Clerk, Karen Guilfoile
J6.City Manager, James Antonen tabled the Approval of The Shores to a future council
meeting of August 9 or August 23, 2010
Councilmember Nephewmoved to approve the agenda as amended.
Seconded by Councilmember Llanas.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of July 6, 2010,City Council Workshop Minutes
Councilmember Juenemannmoved to approvethe July 6, 2010, City Council Workshop Minutes
as submitted.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
2.Approval of July 12, 2010, City Council Workshop Minutes (Closed Session)
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Councilmember Juenemann noted acorrectionon D. 2.a.iii.,Mr. Antonen’s title should say City
Manager.
CouncilmemberJuenemannmoved to approvethe July 12, 2010,City Council Workshop Minutes
as amended.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
3.Approval of July 12, 2010, City Council Meeting Minutes
Councilmember Nephew had a correction on page 2 of the minutes. Firefighter Alex Onsomu was
not present for the swearing in sohis name should be removed.
Councilmember Nephewmoved to approve the July 12, 2010, City Council Meeting Minutes as
amended.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
4.Approval of July 15, 2010,City Council WorkshopMinutes
CouncilmemberJuenemann had a correction,the date of the meeting should say Thursday, not
Monday.And item D. 1. a. ii. the title for Steve Love should say Assistant City Engineer.
Councilmember Juenemannmoved to approve the July 15, 2010, City Council Workshop Minutes
as amended.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
None.
G.CONSENT AGENDA
1.Mayor Rossbach moved to approve items1-8.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
1.Approval of Claims
July 26, 2010 2
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Mayor Rossbachmoved Approval of Claims.
ACCOUNTS PAYABLE:
$101,546.43Checks #81737thru #81766
Dated 07/09/10 thru 07/13/10
$ 138,654.26Disbursements via debits to checking account
Dated 07/02/10 thru 07/09/10
$ 1,478,010.57Checks #81767 thru #81808
Dated 07/12/10 thru 07/20/10
$ 329,811.44Disbursements via debits to checking account
Dated 07/09/10 thru 07/16/10
__________________
$ 2,048,022.70Total Accounts Payable
PAYROLL
$513,686.38Payroll Checks and Direct Deposits dated 07/09/10
$ 2,736.75Payroll Deduction check #1009187thru #1009189
dated 07/09/10
___________________
$516,423.13Total Payroll
GRAND TOTAL
$ 2,564,445.83
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
2.Stillwater Road/TH 5 Improvements, Project 09-04, Resolution for Modification of the
Existing construction contract, change Order No. 1
Mayor Rossbachmoved toapprove the resolution for the Stillwater Road/TH 5 Improvements,
Project 09-04, Modifying the existing construction contract, change order No. 1.
RESOLUTION 10-07-430
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 09-04, CHANGE ORDER NO. 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 09-04, Stillwater Road/TH 5 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
Improvement Project 09-04, Change Order No.1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF 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.1 in the amount of (-$7,114.50).
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The revised contract amount is $1,324,885.49.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
3.Approval of Conditional Use Permit Review for a Planned Unit Development, Gethsemane
Senior Housing, South of 2410 Stillwater Road
Mayor Rossbachmoved toapprove the conditional use permit review for a planned unit
development for Gethsemane Senior Housing, south of 2410 Stillwater Road.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
4.Approval of Conditional Use Permit Review, St. Paul Business Center East, 1983, 1997,
2025 Sloan Place
Mayor Rossbachmoved toapprove the conditional use permit for St. Paul Business Center East,
1983, 1997, 2025 Sloan Place and shall review it again if a problem arises or a major change is
proposed.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
5.Approval of Conditional Use Permit Review, St. Paul Regional Water Services (McCarron’s
Treatment Plan)
Mayor Rossbachmoved to approve the conditional use permit review for St. Paul Regional Water
Services (McCarron’s Treatment Plan).
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
6.Approval of Conditional Use Permit Review, Century Trails Apartments, Benet Road and
Monastery Way
Mayor Rossbachmoved to approve the conditional usepermit review for Century Trails
Apartments, Benet Road and Monastery Way.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
7.Approvalof Final Closure of Nature Center Landscape Project
Mayor Rossbach moved to approve the final closure of the Nature Center Landscape Project.
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Seconded by Councilmember Wasiluk.Ayes –All
The motion passed.
8.Resolution of Support –MNGreenCorps Host Site Grant Application
Mayor Rossbachmoved to approve the resolution of support for MNGreenCorps Host Site Grant
Application.
RESOLUTION 10-07-431
CITY OFMAPLEWOOD,MINNESOTA
RESOLUTION IDENTIFYING MAPLEWOOD’S COMMITMENT TO HOST A MINNESOTA
GREENCORPS MEMBER
WHEREAS
Minnesota GreenCorps, coordinated by the Minnesota Pollution Control Agency (MPCA),
places AmeriCorps members with host organizations around the state to assist communities and local
governments in addressing a variety of statewide needs, aiming to:
Reduce solid waste and increase recycling in Minnesota communities.
Reduce greenhouse gases and other air pollutants.
Reduce water runoff and improve water quality.
Assist community members to take eco friendly actions.
Train new environmental professionals.
WHEREAS
Maplewood has submitted an applicationto the MPCA on July 8, 2010, to be a host to two
Minnesota GreenCorps Members in the area of Living Green Outreach and Green Infrastructure –
Forestry.
WHEREAS
the Minnesota GreenCorps Members working in the area of Living Green Outreach and
Green Infrastructure –Forestry will assist the city in meeting policies set forth in the city’s Sustainable
Chapter of the 2030 Comprehensive Plan and the city’s commitment to reducing emissions and pollution
in city operations and the community as set forth in theU.S. Mayors Climate Protection Agreement.
NOW THEREFORE BE IT RESOLVED
that, after appropriate examination and due consideration, the
governing body of the City of Maplewood is in support of the city’s Minnesota GreenCorps application to
host two Members in the area of Living Green Outreach and Green Infrastructure –Forestry.
Maplewood is committed to hosting and supporting the two Members during the 11 month service period,
beginning in September 2010.
Adopted this 26thday of July, 2010.
______________________________________________________________________
MayorClerk
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
H.PUBLIC HEARING
1.White Bear Avenue/County Road D Improvements, Project 08-13
a.Assessment Hearing, 7:00 p.m.
b.Resolution Adopting Assessment Roll
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i.City Engineer, Deputy Public Works Director, Michael Thompson gave the
presentation and answered questions of the council.
ii.City Attorney, Alan Kantrud answered questions of the council.
Mayor Rossbach opened the public hearing.
1.Howard Roston, Attorney representing Sears Roebuck, Maplewood Malladdressed the
council.
Mayor Rossbach closed the public hearing.
Councilmember Wasilukmoved to approve theresolution adopting the assessment roll for the
White Bear Avenue/County Road D Improvements, Project 08-13including the objections that
were read during the public hearing.
RESOLUTION10-07-432
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on June 14, 2010, calling for a
Public Hearing, the assessment roll for the White Bear Avenue / County Rd D Improvements, City
Project 08-13, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429,
and;
WHEREAS, the following property owners have filed objections to their assessments according to
the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
As of July 19, 2010 staff has received the followingobjections to the proposed assessments:
a.Parcel 02-29-22-21-0008–Denny’s Inc.; 3050 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Mogren Landscaping, the property
owner, for the following reasons:
1)They do not feel that the property receives benefit from the improvement and the value will
not increase.
2)They feel that revenues will decrease during the construction process.
3)When the property owner settled the condemnation with Ramsey County they were told that
there would be no assessment.
b.Parcel 02-29-22-21-0014 Jiffy Lube/Acapulco Restaurant.; 3069/3073White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Woodring Company, the property
owner, for the following reasons:
1)They do not feel that the property receives benefit from the improvement and the value will
not increase.
2)They feel that revenues will decrease during the construction process.
3)The businesses have access from the ring road of Maplewood Mall and they do not feel that
they should be assessed for improvements to White Bear Avenue and County Road D.
c.Parcel 02-29-22-21-0016–Maplewood Square Shopping Center; 3035White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Maplewood Square Associates, the
property owner, for the following reasons:
1)They do not feel that the property receives benefit from the improvement and the value will
not increase.
2)They feel that revenues will decrease during the construction process.
3)When the property owner settled the condemnation with Ramsey County they were told that
there would be no assessment.
d.Parcel 02-29-22-21-0027–Plaza 3000 Shopping Center; 3000White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Plaza 3000 Partnership, LLP, the
property owner, for the following reasons:
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1)They do not feel that the property receives benefit from the improvement and the value will
not increase.
2)They feel that revenues will decrease during the construction process.
3)When the property owner settled the condemnation with Ramsey County they were told that
therewould be no assessment.
e.Parcel 02-29-22-24-0003–Maplewood East Shopping Center;2950 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Maplewood East Associates, the
property owner, for the following reasons:
1)They do not feel that the property receives benefit from the improvement and the value will
not increase.
2)They feel that revenues will decrease during the construction process.
3)When the property owner settled the condemnation with Ramsey County they were told that
therewould be no assessment.
f.Parcel 02-29-22-21-0015-MHN Restaurant Partnership, LLC, 3065 White Bear Avenue
MHN Restaurant Partnership, LLC, the owner of the Wedding Day Jewelers property, is objecting
to the assessment for the following reasons:
1)They do notfeel that the property receives benefit from the improvement and the value will
not increase.
2)They feel that revenues will decrease during the construction process.
g.Parcel 02-29-22-21-0019-Chung Hing Wong, 3070 White Bear Avenue
Chung Hing Wong is objecting to the assessment for the following reasons:
1)They do not feel that the property receives benefit from the improvement and the proposed
special assessment exceeds the special benefits to the property derived from the local public
improvement.
2)They also feel that the City has failed to strictly comply procedurally with the terms and
conditions of Minnesota Statutes Chapter 429.
h.Parcel 02-29-22-21-0005-HLW LLC, 3094 White Bear Avenue
HLW LLC is objecting to the assessment for the following reasons:
1)Theydo not feel that the property receives benefit from the improvement and the proposed
special assessment exceeds the special benefits to the property derived from the local public
improvement.
2)They also feel that the City has failed to strictly comply procedurally with the terms and
conditions of Minnesota Statutes Chapter 429.
i.Parcel 02-29-22-23-0003-Sears Roebuck and Company, 3001 White Bear Avenue
Sears Roebuck and Company is objecting to the assessment and requesting that the assessment
be reduced to$0 for the following reasons:
1)They do not feel that the property receives benefit from the improvement and the proposed
special assessment exceeds the special benefits to the property derived from the local public
improvement.
2)They also feel that the Cityhas failed to strictly comply procedurally with the terms and
conditions of Minnesota Statutes Chapter 429.
3)They feel that the proposed assessment violates City Code and other Minnesota law and
statutes.
4)They feel that the assessment form is not legal and that other properties who should have
been assessed were not assessed.
j.Parcel 02-29-22-22-0013-Lai Ching Woo, 1900 County Road D East
Lai Ching Woo is requesting that the assessment be cancelled and revised.
k.Parcel 35-35-22-33-0008-Walter F. Whitney, 1905 County Road D East
Walter F. Whitney is objecting to the assessment for the following reasons:
1)They do not feel that the property receives benefit from the improvement and the proposed
special assessment exceeds the special benefits to the property derived from the local public
improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
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1.That the City Engineer and City Clerk are hereby instructed to review the objections received and
report to the City Council at theregular meeting on August 9, 2010, as to their recommendations
for adjustments.
2.The assessment roll for the White Bear Avenue / County Rd D Improvements as amended,
without those property owners’ assessments that have filed objections, a copy of which is
attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute
the special assessment against the lands named therein, and each tract of land therein included
is hereby found to be benefited by the proposed improvement in the amount of the assessment
levied against it.
3.Such assessments shall be payable in equal annual installments extending over a period of 8
years, the first installments to be payable on or before the first Monday in January 2011 and shall
bear interest at the rate of 5.0 percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire assessment
from the date of this resolution until December 31, 2010. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
4.The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than October 1, 2010, pay the whole or partial (25% minimum)
of the assessment on such property, with interest accrued to the date of the payment, to the city
clerk (the city will accept no more than (2) payments), except that no interest shall be charged on
the amount paid within 30 days from the adoption of this resolution; and they may, at any time
after October 1, 2010, pay to the county auditor the entire amount of the assessment remaining
unpaid, with interest accrued to December 31 of the year in which such payment is made. Such
payment must be made before October 15 or interest will be charged through December 31 of the
next succeeding year.
5.The city engineer and city clerk shall forthwith after October 1, 2010, but no later than October 15,
2010, transmit a certified duplicate of this assessment to the county auditor to be extended on the
property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
th
Adopted by the Maplewood City Council on this 26day of July, 2010.
Seconded by CouncilmemberNephew.Ayes -All
The motion passed.
2.Consider Resolution Revising Date for Public Hearing for Tax Increment Financing
Redevelopment District No. 1-10 for The Shores Project Within Gladstone
Redevelopment Area –To Be Tabled To August 9, 2010
a.Assistant City Manager, Public Works Director, Chuck Ahlgave abriefreport.
Mayor Rossbach opened the public hearing.
Noonecame forward to address the council.
Mayor Rossbach continuedthe public hearingto August 9, 2010.
Councilmember Nephewmoved to approve the resolution that continues the date of the public
hearing from July 26, 2010, to August 9, 2010, for the purpose of discussing the Tax Increment
Financing District for The Shores Development proposal.
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA
HELD: July 26, 2010
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood,
th
Ramsey County, Minnesota, was duly held at the City Hall on Monday, the 26day of July, 2010 at 7:00
p.m. for the purpose, in part, of calling a public hearing on the proposed modification of Municipal
Development District No. 1 and the adoption of a Modification to Development Program therefore, the
proposed establishment of Tax Increment Financing (Redevelopment) District No. 1-10 (Lake Phalen
Estates Project) within Development District No. 1 and the proposed adoption of the Tax Increment
Financing Plan relating thereto.
The following members were present:All
and the following were absent:None
Member Nephew introduced the following resolution and moved its adoption:
RESOLUTION 10-07-433
CALLING PUBLIC HEARING ON THE
PROPOSED ESTABLISHMENT OF MUNICIPAL DEVELOPMENT DISTRICT NO. 1
AND THE ADOPTION OF A DEVELOPMENT PROGRAM THEREFORE, THE
PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING
(REDEVELOPMENT) DISTRICT NO. 1-10 WITHIN DEVELOPMENT DISTRICT NO. 1
(LAKE PHALEN ESTATES PROJECT) AND THE PROPOSED ADOPTION OF A TAX
INCREMENT FINANCING PLAN RELATING THERETO
BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood, Minnesota (the “City”),
as follows:
1.Public Hearing. This Council shall meet on August 9, 2010, at approximately 7:00 p.m., to
hold a public hearing on the following matters: (a) proposed modification of Municipal Development
District No. 1, (b) the adoption of a Modification to Development Program therefore, (c) the proposed
establishment of Tax Increment Financing (Redevelopment) District No. 1-10 (Lake Phalen Estates
Project) (the “Tax Increment Financing District”) within Development District No. 1, and (d) the proposed
adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with
Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota
Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the “Act”).
2.Continuationof Hearing; Filing of Program and Plan. It is hereby acknowledged that the
Public Hearing called onJuly 26, 2010 for the same purpose of consideration is continuedto August 9,
2010.
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Juenemannand upon vote being taken thereon, the following voted in favor:All
and the following voted against the same:None
Whereupon said resolution was declared duly passed and adopted.
July 26, 2010 9
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STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY)
I, the undersigned, being the duly qualified and City Clerk of the City of Maplewood, Minnesota, DO
HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a
meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes
relate to the calling of a public hearing on the City’s Tax Increment Financing District.
WITNESS my had this 26th day of July, 2010
______________________________________
City Clerk
Exhibit A
CITY OF MAPLEWOOD
COUNTY OF RAMSEY
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council (the “Council”) of the City of Maplewood,
Ramsey County, Minnesota, will hold a public hearing on Monday, August 9, 2010, at 7:00 p.m., at
the City Hall, in the City of Maplewood, Minnesota, relating to the proposed modification of Municipal
Development District No. 1 and the adoption of a Modification to Development Program therefore, the
proposed establishment of Tax Increment Financing (Redevelopment) District No. 1-10 (Lake Phalen
Estates Project) (the “Tax Increment Financing District”) within Municipal Development District No. 1
and the proposed adoption of a Tax Increment Financing Plan therefore, pursuant to Minnesota
Statutes, Section 469.174 through 469.1799, inclusive, as amended. Copies of the Development
Program and Tax Increment Financing Plan as proposed to be adopted will be on file and available
for public inspection at the office of the City Manager at City Hall.
The property proposed to be included in Development District No. 1 is described in the
Development Program on file in the office of the City Manager. The property proposed to be included
in the Tax Increment Financing District is described in the Tax Increment Financing Plan on file in the
office of the City Manager.
A map of Municipal Development District No. 1 and the Tax Increment Financing District isset
forth:
All interested persons may appear at the hearing and present their views orally or in writing prior to
the hearing.
Seconded by CouncilmemberJuenemann.Ayes -All
The motion passed.
3.Sign Ordinance Amendment, Temporary Window Signs andTemporary Banners
(First Reading)
a.Environmental Planner, Shann Finwall gave the presentation and answered
questions of the council.
b.City Attorney, Alan Kantrud answered questions of the council.
c.City Manager, James Antonen answered questions of the council.
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Mayor Rossbach opened the public hearing.
1.Marv Koppen, representing the White Bear Avenue Business Association. (spoke twice)
2.Matthew Phelps, representing the Dive Bar, 3035 White Bear Avenue, Maplewood.
3.Darren Reid, business owner,1111 Highway 36, Maplewood. (spoke twice)
Mayor Rossbach closed the public hearing.
Councilmember Juenemannmoved to approve the(first reading)of the temporary window and
banner sign ordinance. This ordinance amends the city’s sign ordinance pertaining to the size of
window signs from 75 percent window cover to 30 percent coverage and time limits from 30 days
to unlimited; and changes the size of banners from 120 square feet in area or 20 percent of the
gross wall area on which it is attached, whichever is greater, to 32 to 64 square feet in area
(depending on zoning district) and time limits from 30 days per banner to 60 days.
Seconded by CouncilmemberLlanas.Ayes -Mayor Rossbach,
Councilmembers Juenemann,
& Llanas
Nays
–Councilmembers Nephew,
& Wasiluk
The motion passed.
Mayor Rossbach recommended for the second reading of this ordinance staff prepare language
which allows for some type of a waiver or exemption procedure so that business owners who
require additional temporary signage have a means to vary from the temporary sign ordinance
rather than going through the variance process.
Staff agreed to add language pertaining to exemptions for the second reading of the ordinance.
The city council took a 15-minute recess.
I.UNFINISHED BUSINESS
1.Consider Adopting Plan for Implementation for the 2011-2015 Capital
Improvement Plan
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the presentation
and answered questions of the council.
Mayor Rossbach asked if anyone wanted to address the council regarding this item.
1.Peter Fischer, Parks Commission memberaddressed the council.
2.Joe Boeser, Planning Commission memberaddressed the council.
Mayor Rossbachmoved to approve the2011-2015 Capital Improvement Plan.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
2.Human Rights Commission Ordinance (Second Reading)
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a.Labor Relations Attorney, Chuck Bethel gave a brief update.
Councilmember Llanasmoved to approve the (second reading)of the human rights commission
ordinance.
Ordinance No. 907
HUMAN RIGHTSCOMMISSION*
Division 2. Human RightsCommission
__________
*Cross references:
Article IV Boards, Committees and Commissions
*State law references:
Department of HumanRights, Minn. Stat. Ch. 363.
__________
Sec. 2-186.Human rights commission.
Sec. 2-186.Statement of Public Policyand Mission
It is hereby declared by the City Council that it is the public policy of the City to fulfill its
responsibility as a partner of the State Department of Human Rights in assisting the State in obtaining
equal opportunity in housing, employment, public accommodations, public services andeducationfor all
its citizensand to work consistently to improve the human rights climate of the City. To this end the City
Council adopts this mission statement:
Themission of the Maplewood Human Rights Commission is to aidandadvocate forequal
opportunities for all citizens of Maplewood in: housing, employment, public accommodations,
services and education,in addition to continuously working to improve human rights within the
community.
(Code 1982, § 2-71)
State Law references –Minnesota Human Rights Act, Minn. Stats, Ch. 363; State Department of
Human Rights, Minn. Stats. § 363.04 et seq.
Sec. 2-187.Established
There is hereby established, within the City of Maplewood, a Human Rights Commission.
(Code 1982, § 2-72)
Sec. 2-188.Purpose
Thepurpose of the Human Rights Commission is to aid and advise the City Council in ensuring
for all citizens of the City equal opportunity in those areas protected by law;and to aid and advise the
City Council regardingother human rights related concerns.
Sec. 2-189. Composition; appointment; terms; compensation; removal
(1)The commission will be composed of seven voting members. All terms end on the first day of
May in the year in which they expire.
(2)The members of the Commission will be appointed by the City Council after due
consideration has been given to their interest and commitment to civil and human rights
principles; to their knowledge in the fields of employment, housing, public accommodations,
public services, veterans’ issues, social work, education and other areasaffected by the state
human rights act (Minn. Stat. Ch. 363); to their ability to serve in a genuine leadership role in the
community by virtue of their positions of responsibility in business and civic affairs; to their ability
to provide adequate representation of the classes of persons protected under the State Human
Rights Act; and to recommendations obtained from various sources including otherhuman rights
committees or commissions.
(3)All members will be appointed for three-year terms that are staggered in order to provide
continuity of policy and program. No member may serve more than three consecutive full terms
except as noted above.
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(4) The members of the Commission shall serve without compensation and may be removed
from officepursuant to the policies and procedures established by the City for all boards and
commissions.
(5)The City Council shouldalso attempt to appoint members based on the following criteria in
order to help ensure that the representation on the Commission has the necessary background
and experience to effectively perform its duties:
a. At least two members shouldhave a background and experience inone or more of the
following areas:public housing, civil rights, veterans’ issues, education, employment or
social work.
b. At least one member shouldbe a lawyer with sufficient background and experience in
one or more of the areasnoted above to provide meaningful support to the Commission.
c. At least one member shouldrepresent business interests within the community.
d. Up to two members may be at-large members from outside Maplewood; the remaining
members should be Maplewood residents.
(Ord. No. 807, 4-18-95; Ord. No. 818, 10-3-95; Ord. No. 877, § I, 7-6-95; Ord. No. 877, §§ 1A,
1B, 7-6-99; Ord. No. 1008, § 3, 7-7-09)
Sec. 2-190. Duties and Responsibilities
In fulfillment of the purpose of this division, the duties and responsibilities of the Human Rights
Commission must:
(1)Study and review programs and policies and aid the City Council in enlisting the cooperation
of agencies, organizations and individuals in the City in an active program directed to create
equal opportunity and eliminate discrimination and inequalities.
(2)Advise and aid the City Council in implementing recommendations that may be appropriate
to the City including, but not limited to:
a. Specific programs of public information regarding the statutory requirements of the
Minnesota State Human Rights Act (Minn. Stat. Ch. 363).
b. Comprehensive studies and surveys of practices in the community.
c. Programs of affirmative action to be developed with employers, the housing industry,
the educational institutions and government agencies.
d. Programs of review to give and gain information regarding compliance with state
requirements concerning equal opportunity.
e. Programs designed to alleviate community tension and embrace and celebrate
diversity.
f. Programs designed to create a genuine climate of community readiness toaccept
orderly and demonstrable change in eliminating barriers to equal opportunity.
(3)Attempt to conciliate, within its authority, all grievances involving discrimination occurring
within the City and make all appropriate reports to the City Council and State Department of
Human Rights.
(4)Establish committees, as the Commission finds it to be necessary, in the following areas:
a. Employment and housing.
b. Public information.
c. Public services
d. Legislation.
e. Liaison with other organizations including other city commissions and agencies.
(5)Perform such other functions concerning human rights as the City Council may from time to
time direct.
(6) Prepare and submit a report to the City Council on a semi-annual basis describing its actions
and activities during the year, along with recommendations for changes which the Commission
may deem desirable.
(7) The Commission must formulate bylaws to govern all other matters relating to the conduct and
operation of the Commission, officers and duties, dates and conduct of meetings, quorum and
other relevant matters including, but not limited to, amendments ofthe bylaws. The bylaws of the
Commission and any amendments thereto must be submitted to the City Council for approval.
July 26, 2010 13
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(Code 1980, § 25.01)
Cross references:
Conditions for appointment to City Boards and Commissions, § 22-8.
The approval of Ordinance No. 907does hereby repeal City Code Section 2-186 through 2-190.
This ordinance shall take effect after publishing in the official newspaper. The Maplewood City
Councilapproved this ordinance on July 26, 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
J.NEW BUSINESS
1.Approval of New Currency Exchange License for EZ Cash –Applicant Deborah
Schraber
a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report.
b.BrettSchraber, EZ CashOwner, 3035 White Bear Avenue, Maplewood addressed the
council.
Councilmember Nephewmoved to approve thelicense for Deborah Schraber to operate EZ Cash
formerly known as Cashway Checking at 3035 White Bear Avenue.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
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2.Approval of Rolling Hills of Maplewood Mobile Home Park 1and 2Addition –
Conditional Use Permit Revision, 1316 Pearson Drive
a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council.
i.Planning Commission Member, Joe Boeser, addressed the council.
ii.Attorney,Thomas DeVincke, Mesa Dunes MNC Investors, LLC, Rolling Hills of
Maplewood Mobile Home Park, addressed and answered questions of the council.
Councilmember Nephewmoved to approve theresolution approving a conditional use permit
stnd
revision for Rolling Hills of Maplewood Mobile Home Park 1and 2Additions. Approval is
subject to the findings required by ordinance and subject to the findings required by ordinance
and subject to the following conditions (deletions are crossed out and additions are underlined):
(including the word change of number 11 in the staff recommendations)
CONDITIONAL USE PERMIT REVISION
RESOLUTION10-07-434
WHEREAS, Thomas F. DeVincke, Esquire, Mesa Dunes MNC Investors, LLC, owners of Rolling Hills of
Maplewood Mobile Home Park, applied for a conditional use permit revision to revised the conditions of the
stnd
conditional use permit for Rolling Hills 1and 2Addition to be allowed to place used homes in the park
rather than the original requirement that all homes placed in the park be new.
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WHEREAS, this permit applies to the property located on the west side of Century Avenue between Ivy
Avenue and the Chicago and Northwest Railroad tracks, addressed as 1316 Pearson Drive. The legal
description is:
The SE’ly ¼ of the NE’ly ¼ of Section 24, Township 29, Range 22, lying southeasterly of the
Chicago and Northwest Railroad right-of-way, in Ramsey County, Minnesota.
and
The NE’ly ¼ of the SE’ly ¼ of Section 24, Township 29, Range 22 in Ramsey County, MN.
WHEREAS, the history of this conditional use permit revision is as follows:
1.On July 6, 2010, the planning commission held a public hearing. The city staff published a notice in
the paper 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 also considered the reports andrecommendation of city staff. The planning
commission recommended that the city council approve this permit.
2. On July 26, 2010, the city council considered reports and recommendations of the city staff and
planning commission.
NOW, THEREFORE, BE ITRESOLVED that the city council passedthe above-described conditional use
permit revision, because:
1.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.
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 no more than minimal adverse environmental effects.
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Revised/Combined Motion for both the Rolling Hills 1and 2Additions
1.Compliance with all building code requirements.
2.There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers, rakes, etc.
3.Each lot shall be allowed an exteriorstorage shed of no more than 120 square feet. Sheds must
July 26, 2010 15
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be kept in good repair.
4.Each lot shall be allowed to have children’s play equipment unless the developer provides a tot
lot adjacent to the community building.
5.All mobile homes shall be skirted and tied down. Skirting shall extend from the frame of the
chassis to the ground. Skirting must match the mobile home.
6.Manufacturedhomes to be placed in the park are no longer required to be new. All homes to be
moved into the park must meet allcurrentbuilding code and fire code requirements.
7.The sign regulations for the R3 district shall apply.
8.The following minimum setbacks shall apply for dwellings:
Twenty feet to a private street.
st
Thirty feet to any public right-of-way for homes in the 1Addition.
nd
Addition.
Forty-seven feet to the Century Avenue right-of-way for homes in the 2
Five foot side yard setback on the side opposite the entry side.
Twenty foot side yard setback on the entry side.
Seventy feet to a railroad track.
Ten feet to any adjacent dwelling for a deck or car port.
Six feet to a private street for a carport (carports shall not have walls).
nd
Forty-seven feet to the Century Avenue right-of-way for a shed in the 2Addition.
9.The storm shelter shall be kept free of storage. The shelter shall be kept open at all times or keys
shall be made available to all residents in a manner to be approved by the Director of Public
Safety.
10.All shelters and restroom facilities within shelters shall be kept sanitary and well maintained.
parkinfrastructure
11.The propertyowner shall be responsible for maintaining all internal
improvements.
12.Water lines shall be flushed at least once a year.
13.Parking shall only be permitted on one side of each street. No parking shall be permitted closer
than thirty feet to any intersection. These requirements are subject to the review and approval of
the police chief.
14.There shall be no driveway access to Century Avenue or Ivy Avenue from the individual
manufactured homesites.
15.Internal traffic signs shall be installed subject to the approval of the police chief.
16.Adherence to the approved site plan and related conditions. Any significant change must be
approved by the community design review board. Minor changes may be approved by staff. The
number of home sites shall not be increased without the revision of this conditional use permit.
The Maplewood City Council passed this resolution on July 26, 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motionpassed.
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3.Acceptance of Comprehensive Annual Financial Report –2009
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered
questions of the council.
Mayor Rossbach asked if anyone wanted to address the council regarding this item.
1.Elizabeth Sletten, 2747 Clarence Street, Maplewood.
Councilmember Nephewmoved to approve thecomprehensive annual financial report for 2009.
Seconded by CouncilmemberLlanas.Ayes –All
The motion passed.
4.Approval of Western Hills/Larpenteur Area Street Improvements, Project 10-14,
Resolution Ordering Preparation of Feasibility Study
a.City Engineer, Deputy Public Works Director, Michael Thompsongave abrief reportand
answered questions of the council.
Councilmember Nephewmoved to approve theresolution ordering the preparation of the
feasibility study for the Western Hills/Larpenteur Area Street Improvements, City Project 10-14.
RESOLUTION 10-07-435
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Western Hills/Larpenteur Area Streets,
City Project 10-14 and to assess the benefited property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is instructed
to report to the council with all convenient speed advising the council in a preliminary way as to whether
the proposed improvementis necessary, cost effective and feasible and as to whether it should best be
made as proposed or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
FURTHERMORE, funds in the amount of $80,000 are appropriated to prepare this feasibility
report.
th
Approved this 26day of July 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
5.Approval of Sidewalk Improvement (County Road C East of White Bear Avenue),
Project 10-08, ResolutionOrdering Work to be Done by Day Labor
a.City Engineer, Deputy Public Works Director, Michael Thompson gave a brief report and
answered questions of the council.
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Councilmember Juenemannmoved to approve theresolution ordering work to be done by day
labor for the sidewalk improvement (County Road C East of White Bear Avenue), City Project 10-
08.
RESOLUTION 10-07-436
ORDERING WORK TO BE DONE BY DAY LABOR
th
WHEREAS, on this 26day of July 2010, the city engineer has presented plans and
specifications for theSidewalk Improvement (County Road C East of White Bear Avenue), City Project
10-08,
AND WHEREAS adoption of the resolution ordering work to be done by day labor shall signify
approval of plans and specifications,
AND WHEREAS, the estimated cost of suchimprovement does not exceed $25,000, and is
currently estimated at $8,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1.The city engineer shall proceed under the direction of the council, as given from time to
time, to carry on all work in connection with such improvement in accordance with the plans and
specifications herein approved.
2.The finance director is hereby authorized to transfer $8,500.00into the Street
Maintenance budget 101-502-000-4180 from excess G.O. Improvement funds in City Project 08-10, in
order to complete the sidewalk improvement.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
6.Approval of The Shores at Lake Phalen –Planned Unit Development, Wetland Buffer
Variance, Lot Division and Design Review, 940 Frost Avenue
(This item was tabled until either August 9 or August 23, 2010)
7.Call Special Meeting of the City Council August 13, 2010
a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report.
Councilmember Nephewmoved to approve calling for a special meeting to be held on Friday,
4:00
August 13, 2010,at p.m. in council chambers for the purpose of canvassing the Special
Municipal Election results.
Seconded by CouncilmemberLlanas.Ayes –All
Themotion passed.
K.VISITOR PRESENTATIONS
None.
AWARD OF BIDS
L.
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1.Lift Station 8 Rehabilitation, Project 10-01, Resolution Receiving Bids and Awarding
Construction Contract
a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report.
Mayor Rossbachmoved to approve the resolution receiving bids and awarding construction
contract to Magney Construction, Inc., in the amount of $144,650.00 for Lift Station 8
Rehabilitation, City Project 10-01.
RESOLUTION 10-07-437
AWARD OF BIDS
BE ITRESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Magney Construction, Inc. in the amount of $144,650.00, is the lowest responsible bid for the upgrades
to Lift Station No.8, City Project 10-01, and the mayor and clerk are hereby authorized and directed to
enter into a contract with said bidder for and on behalf of the city.
The finance director is hereby authorized to make the financial transfers necessary to implement
the financing plan for the project.
th
Adopted by the council on this 26day of July, 2010.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
M.ADMINISTRATIVE PRESENTATIONS
1.Taste of Maplewood Update –
City Clerk, Director Citizen Services, Karen Guilfoileinvited
the public to the Taste of Maplewood at Goodrich Park, 1980 North St. Paul Road,
Maplewood.The event will be Friday,August 6 from 4 –10 p.m. & August 7 from 10 a.m. to
10 p.m.
N.COUNCIL PRESENTATIONS
1.National Night Out –
Maplewood Police Chief Thomalla reminded people National Night Out
isTuesday, August 3, 2010. If the public isinterested in having a gathering in their
neighborhood they should contact the police department for additionalinformation.
2.Housing Improvement Areas–
Councilmember Wasilukstated she received an email from
a condominium owner who waslooking toget assistance from the city regardingthe city
selling revenue bonds to assisthome ownersinbringingtheirtownhomes up to a better
standard.Councilmember Nephew said he received an email from a resident and he
discussed these issues with DuWayne Koweko. Mr. Konewko stated he spoke to someone
with the bond counseland when he receives the information he will report back to the council.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at 10:40p.m.
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