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HomeMy WebLinkAbout2024-06-24 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, June 24, 2024 City Hall, Council Chambers Meeting No. 12-24 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:13 by Mayor Abrams. Mayor Abrams commented on the quick pace of summer. Communications Manager th Sheeran provided information on the upcoming 4 of July Celebration and thanked key sponsors: The Doghouse Bar and Grill, City County Credit Union, Premier Bank, and Bolton & Menk. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA Councilmember Cave moved to approve the agenda as submitted. Seconded by Councilmember Lee Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. June 10, 2024 City Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the June 10, 2024 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Cave Ayes – All The motion passed. 2. June 10, 2024 City Council Meeting Minutes June 24, 2024 City Council Meeting Minutes 1 Councilmember Villavicencio moved to approve the June 10, 2024 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Sable gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations None 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. Councilmember Lee moved to approve agenda items G1-G7. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Lee moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 114,126.63 Checks # 121197 thru # 121221 dated 06/11/24 $ 857,399.77 Checks # 121222 thru # 121279 dated 06/18/24 $ 425,956.20 Disbursements via debits to checking account dated 06/03/24 thru 06/16/24 June 24, 2024 City Council Meeting Minutes 2 $ 1,397,482.60 Total Accounts Payable PAYROLL $ 719,960.56 Payroll Checks and Direct Deposits dated 06/07/24 $ 719,960.56 Total Payroll $ 2,117,443.16 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Ramsey County Master Agreement for Maintenance of Traffic Control Signal Systems, City Project 23-14 Councilmember Lee moved to approve the Master Agreement, with Ramsey County, for the maintenance of traffic control signal systems, City Project 23-14 and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Resolution Directing Final Payment and Acceptance of Project, Woodlynn- Southlawn Area Street Improvements, City Project 22-17 Councilmember Lee moved to approve the resolution directing Final Payment and Acceptance of Project for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17. Resolution 24-06-2326 RESOLUTION DIRECTING FINAL PAYMENT AND ACCEPTANCE OF WOODLYNN-SOUTHLAWN AREA STREET IMPROVEMENTS, CITY PROJECT 22-17 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, is complete and recommends acceptance of the project. June 24, 2024 City Council Meeting Minutes 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 22-17 is complete and maintenance of the improvements are accepted by the City. The final construction cost is $2,370,845.49. Final payment to T.A. Schifsky & Sons and the release of any retainage or escrow is hereby authorized Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Conditional Use Permit Review, Erskine Wood Floors, 2728 Geranium Avenue East Councilmember Lee moved to approve the CUP review for Erskine Wood Floors, located at 2728 Geranium Avenue East, and review again only if a problem arises or a significant change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Conditional Use Permit Review, Advanced Vehicle Solutions, Inc., 47 Century Avenue North Councilmember Lee moved to approve the CUP review for Advanced Vehicle Solutions, located at 47 Century Avenue North, and review again only if a problem arises or a significant change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Conditional Use Permit Review, Commercial Vehicle Storage, 2510 Carver Avenue East Councilmember Lee moved to approve CUP review for commercial vehicle storage, located at 2510 Carver Avenue East, and review again only if a problem arises or a significant change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Resolution Appointing Election Judges and Establishing a Ballot Board for the 2024 Primary Election June 24, 2024 City Council Meeting Minutes 4 Councilmember Lee moved to approve the resolution listing election judges and establishing a ballot board for the 2024 Primary Election to be held on August 13, 2024. Resolution 24-06-2327 2024 PRIMARY ELECTION APPOINTING ELECTION JUDGES AND ESTABLISHING A BALLOT BOARD WHEREAS, Minn. Stat. 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and WHEREAS, it is required by Minn. Stat. 203B.121, Subd. 1 to establish a Ballot Board; and WHEREAS, approval of the resolution does not qualify individuals to serve as an election judge; and WHEREAS, appointments will be made from the list to fill the needed positions after training and required paperwork have been completed; and WHEREAS, appointment of additional election judges within the 25 days before the election may be made if the appointing authority determines that additional election judges will be required; and NOW, THEREFORE, IT BE RESOLVED, by the City Council of Maplewood, Minnesota, a Ballot Board is hereby established that would consist of a sufficient number of election judges as provided in Minn. Stat. 204B.19 to 204B.22 to perform the task; and FURTHER, BE IT RESOLVED, that the City Clerk or designee assign Election Judges to serve in the 2024 Primary Election to be held on Tuesday, August 13, 2024 from the following list: Mark Acosta Tim Albertson Janice Allen Karen Anderson Warren Anderson Jill Arnold Rob Baas Paul Babin Rosanne Bane Jodi Baron Wilma Battle Margaret Beauvais David Bedor Regan Beggs Gail Biagini Joyce Biagini Margaret Bloemendal Eric Blomgren Jonathan Boyde Richard Brandon Ginny Brandon Paulette Briese Tom Brockway Margaret Brudzinski Jill Bruhn Michelle Buettner Joan Bullivant Thomas Campbell Lyla Campbell Andrea Campbell Kevin Campbell Anne Cardents Robert Cardinal Thomas Carey Allen Carlson Linda Carpenter Larry Carson Cecelia Cathcart Mary Catherine Denise Chamblee Mary Cincotta Karl Clothier Cheryl (Sheri) Commers Julia Cross Michelle Curtis June 24, 2024 City Council Meeting Minutes 5 Frederick Dahm Beverly Davis Jason Demoe Darrell Dippon Albin Dittli Catherine Dobihal Michelle Doherty Gloria Dunshee John Eads Brian Eager Luann Eager Kim Ebeling Delight Erickson Gail Fellman Margaret Fett Bryan Fischer Richard Fosse Judith Franey Janine Frans Nick Franzen Dean Fritsche Gordy Fritsche Rachel Geiser Diane Golaski Marilyn Grant Alvin Grendzinski Diane Guenther Daniel Gunard Nancy Hafner Karen Hansen Lisa Hansford Mark Harris Lisa Heille Jean Heininger Mollie Helmeid Catherine Hennelly William Hensley Gregory Herber Gina Hermann Harland Hess Elaine Hill Gary Hinnenkamp Pamela Hodges Debra Hoffmann Jeanette Hulet Daniel Huneke Patricia Huth Raymond Huth Kathryn Jackson Christine Jacobson Anita Jader David Jahn Kathleen Jensen Howard Johnston Gwendolyn Jones Sharon Karalus William Kempe Suzanne Kienietz Judy Kipka Kevin Kittridge Peggy Kleiter Stephanie Kloeber Jason Knutson Lois Knutson Carol Koskinen Robert Kraemer John Krebsbach Sarah Kroening Robert Kronschnobel Jackie Kwapick Tom Labarre Louis Lacasse Patricia Landers Courtney Larsen Steven Larson Rose Larson Mark Larson Shelly Larson Deborah Lee Dustin Lehrke Louis Lentsch Bob Leo Mary Ann Leo Claudette Leonard Ken Lewis Joyce Libra Nancy Lindsey Jimmy Lipps Oscar Lopez Letona Linda Lor Stephen Loveless Lydia Lucas Cindy Lundgren Virginia Lynch Jeri Mahr Daniel Martin Steve Martinson Linda Maxam Paula Mcallister Bonnie Mccabe David Mccabe Janet Mccanna Patrick Mcdonough Curtis Merkle Dorcas Michaelson Mervin Miller Phyllis Moen Dallas Moen Vyas Mohan Eugene Morisset Jessica Moss Karla Nelson Monica Nelson-Thiele Caroline Nentwig Miranda Nichols Ann Norberg Patti Nord James Nordby D. William (Bill) O'brien Keith Olson Susan Parnell John Parnell Cheryl Pasquarella Gina Pearson Faith Perrizo Marilyn Perry Van Pham David Plathe Nina Potter Thomas Proepper Shelly Putz Steve Putz Sonja Quanbeck Michael Raymond Timothy Reddy Mary Ann Renner Robin Reno Judy Reyer Donna Richards Ruth Richards Vincent Rodriguez June 24, 2024 City Council Meeting Minutes 6 Peter Rogers Chris Rolli Teresa Rossbach Monica Roth Day Cynthia Rowley David Rydeen Kathy Sabota Deborah Samac Patricia Sample Thomas Schaefer Maryann Schaefer William Schmidt Duane Schmitz Kurt Schnapp Jen Schorr Brigid Schreier Margaret Schreier Ray Schulte Patricia Selby Jill Shortreed Vicki Simms Delaney Skaar Susan Skaar Tyler Slind Margaret Smith Florence Sprague Tim Stafki Judith Steenberg James Stemper (Mary) Linnea Strandness Penny Streifel Dianne Stroth Dahm Mary Sturm Diane Suchy Beth Supinski Sheli Telschow Lynn Thoele Christine Tkachuck-Martinson Arliene Tourville Micki Tschida Jeannine Unklesbay Carolyn Urbanski Ronald Virnala Melissa Walker Rosie Wall Alison Walsh Jeanette Walsh Tim Walstrom Mary Wendt Theresa Westcott John Wheeler Lynn Wiggert Patricia Williamson Paula Willie Sharon Willson Joan Wurdeman Mee Yang Xiong Blong Yang Diana Yefanova Cindy Yorkovich Matt Young Frank Zacher Paul Zollinger Karen Zummallen Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARINGS – If you are here for a 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 I. UNFINISHED BUSINESS 1. Resolution Affirming Denial of Rental License Application for Property Located at 1895 County Road C City Attorney Batty gave the staff report. Community Development Director Parr provided additional information. Councilmember Juenemann moved to approve the Resolution Affirming the Denial of a Rental License Application for the Property at 1895 County Road C. Resolution 24-06-2328 June 24, 2024 City Council Meeting Minutes 7 A RESOLUTION AFFIRMING THE DENIAL OF A RENTAL LICENSE APPLICATION FOR THE PROPERTY LOCATED AT 1895 COUNTY ROAD C WHEREAS, the applicant, Minnesota Sober Housing, a limited liability company formed under the laws of the state of Minnesota (the “Applicant”), submitted a rental license application to the city of Maplewood (the “City”) dated April 30, 2024, (the “Application”) for the property located at 1895 County Road C East, Maplewood, Minnesota (the “Property”); and WHEREAS, on May 9, 2024, the City completed an inspection of the rental Property; and WHEREAS, on May 22, 2024, the City Manager issued a letter denying the application (the “Denial Letter”) due to the following three factors: 1. Applicant had a rental license to operate another rental dwelling in another jurisdiction denied, revoked or suspended within the past year; 2. Applicant did not disclose the denial within the past year on the application and therefore made fraudulent statements, misrepresentations, or false statements in the application; and 3. Based on the inspection, the Property does not conform to health, building, maintenance, or other provisions of City Code or state law. The Denial Letter, as well as the additional information in the City Council Staff Report: Hearing – Appeal of Rental Housing License Denial, 1895 County Road C East included in the June 10, 2024 regular city council meeting packet, constitutes a portion of the record before the City Council and is incorporated as part of this resolution as if fully set forth herein; and WHEREAS, the Denial Letter requested that, if the Applicant appealed the denial, the Applicant provide the documentation required in City Code, section 12-604 – Written tenant application and lease agreement required. These documents include a written lease agreement, Minnesota Crime Free Housing Lease Addendum, and written tenant application form. Failure to provide these documents upon request is a violation of the City Code; and WHEREAS, after receiving a request for an appeal, the City Council, at its regularly scheduled meeting on June 10, 2024, held a hearing subject to City Code, section 12-615 (e); and WHEREAS, at the hearing, the Applicant was provided with an opportunity to speak on the application, the Denial Letter, and to present evidence related to the application; and WHEREAS, Arturo Eguia appeared at the hearing as the representative of the Applicant and presented evidence and a witness who testified; and June 24, 2024 City Council Meeting Minutes 8 WHEREAS, the Applicant took responsibility for filling out the application form and for not disclosing the denial from the City of South Saint Paul due to pending federal litigation with the City of South Saint Paul and stated that the issues with the condition of the Property would be fixed once a report was provided by the City; and WHEREAS, the Applicant has still not provided the requested documentation required under City Code, section 12-604; and WHEREAS, City Code, sections 12-615 (e) and (g) require that the determination of the City Council be based on the preponderance of the evidence. NOW, THEREFORE, BE IT RESOLVED based on the information provided by the Applicant, and the evidence presented at the hearing before the City Council on June 30, 2024, the City Council hereby upholds the denial of the rental license application based upon the following findings of facts: 1. Applicant had a rental license to operate another rental dwelling in another jurisdiction denied, revoked or suspended within the past year – The owner of the Applicant had an ownership interest a property in South Saint Paul which has its rental license revoked and renewal denied on June 5, 2023 which was within one year of the April 30, 2024 application date for the Maplewood rental license. At the hearing, Mr. Eguia stated he had not disclosed the denial because of pending litigation regarding the denial. 2. Applicant did not disclose the denial within the past year on the application and therefore made fraudulent statements, misrepresentations, or false statements in the application – As part of the rental license application, the Applicant did not disclose the South Saint Paul denial that had occurred within the past year. At the hearing, Mr. Eguia stated that he had not disclosed the denial because of pending litigation regarding the denial. 3. Based on the Property inspection, the Property does not conform to health, building, maintenance, or other provisions of City Code or state law – The inspection on May 9, 2024 reflects that the Property has numerous violations of the city code. Based on a Truth-in-Sale of Housing Report from August 2022, some of the violations have been present since at least August 2022. The Truth-In-Sale of Housing Report was provided to Mr. Eguia by the City in December 2022 as part of a letter in response to an incomplete application for a reasonable accommodation for the Property. 4. Applicant did not provide the written tenant application and lease agreement pursuant to City Code, section 12-604, as requested in the Denial Letter. Failure to provide these documents is also grounds for denial. 5. City Council members also noted the length of time the Property was operating without a rental license (based on statements made by Mr. Eguia at the hearing, from December 2022-April 2024) and the condition of the June 24, 2024 City Council Meeting Minutes 9 Property as additional reasons supporting the affirmation of the denial in accordance with City Code, section 12-615 (a)(16). NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the denial of the Application is hereby affirmed. Said denial may be considered by the City when reviewing any subsequent rental license application. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that all recitals set forth in this Resolution are incorporated into and made part of this Resolution, and more specifically, constitute the express findings of the City Council. The Community Development Director shall provide written notice of this decision to the Applicant and tenants residing at the Property in accordance with City Code, section 12-615 (h). NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Maplewood hereby directs city staff to enforce all state and local laws as it relates to the Property, including, but certainly not limited to, any unlawful use of the Property as a rental dwelling without proper licensure. Seconded by Councilmember Villavicencio Ayes – All The motion passed. J. NEW BUSINESS 1. Conditional Use Permit Resolution, Sejong Academy, 2410 Stillwater Road East Community Development Director Parr gave the staff report. Brad Tipka, Executive Director of Sejong Academy answered questions of council. Councilmember Lee moved to approve the resolution for a conditional use permit for Sejong Academy to operate a school located at 2410 Stillwater Road East. Resolution 24-06-2329 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Sejong Academy and Gethsemane Church have requested a conditional use permit to allow a school to operate on-site. 1.02 The property is located at 2410 Stillwater Road East, and is legally described as: June 24, 2024 City Council Meeting Minutes 10 Tract A, Registered Land Survey No. 582; Tract B, Registered Land Survey No. 582, except the South 319.45 feet of the East 274.50 feet. Subject to Reservation for the State of Minnesota of all mineral and mineral rights. Subject to a temporary easement for highway purposes on part of above property. Subject, however, to an easement covering the Southerly 33 feet of the above described premises for roadway purposes, to be hereafter dedicated for a public highway and to be designated as East Seventh Street. The PID for the property is 25-29-22-31-0036. Section 2. Standards. 2.01 City Ordinance Section 44-1092(3) requires a Conditional Use Permit for an institution of any educational, philanthropic or charitable nature. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 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. June 24, 2024 City Council Meeting Minutes 11 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. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On June 18, 2024, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press 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 this resolution. 2. On June 24, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. The City Council shall review this permit in one year. 2. The owner/operator of the school shall acquire all necessary approvals and licenses from the state of Minnesota to operate the school facility. 3. The school facility shall be maintained and operated in a manner that does not create nuisances for nearby properties. 4. If any future construction project on the subject property is proposed, a building permit must be submitted for review and approval by the Building Official. June 24, 2024 City Council Meeting Minutes 12 5. Before the first day of school in 2024, the applicant shall submit a traffic plan to staff detailing how the access drives from public roads and the parking lots areas will be utilized to create safe and efficient spaces for pick-up and drop-off areas and school buses. Seconded by Councilmember Cave Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 7:37 p.m. Andrea Sindt, City Clerk June 24, 2024 City Council Meeting Minutes 13