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HomeMy WebLinkAbout2024-10-14 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 14, 2024 City Hall, Council Chambers Meeting No. 20-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. September 23, 2024 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 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. 1. Approval of Claims 2. Off-Sale Intoxicating Liquor License for S & S Bala, Inc., dba TD Liquor, 2728 Stillwater Road East 3. Massage Center License for Asian Wellness Massage, 2225 White Bear Ave North, Unit 1 4.Conditional Use Permit Review, Snake Discovery, 831 Century Avenue North 5. State of Minnesota Office of Traffic Safety DWI/Traffic Safety Grant 2025 6. Ramsey County Cooperative Agreement for Reconstruction of McKnight Road, City Project 20-15 7. Resolution of Municipal Concurring for New County State Aid Highways Designations, City Project 24-15 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 None J. NEW BUSINESS 1. Award of 2025 Charitable Gambling Funds 2. Setback Variance Resolution, Larkin Dance Studio, 1400 Highway 36 East K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 23, 2024 City Hall, Council Chambers Meeting No. 19-24 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:00p.m.byMayor Abrams. Mayor Abrams thanked staff and volunteers for a successful and fun Friday Night Fireworks event. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA Agenda item J1 was removed from the agenda. CouncilmemberLeemoved to approve the agenda as amended. Seconded by CouncilmemberCave Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.September09, 2024 City CouncilWorkshopMeeting Minutes CouncilmemberJuenemannmoved to approve the September 09, 2024 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberCaveAyes – All The motion passed. 2.September 09, 2024 City CouncilMeeting Minutes oved to approve the September 09, 2024 City CouncilMeeting CouncilmemberLeem Minutesassubmitted. Seconded by CouncilmemberJuenemannAyes – All September 23, 2024 City Council Meeting Minutes 1 Council Packet Page Number 1 of 126 E1 The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update Assistant City Manager/HR Director Darrowgave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations None 3.Swearing-In Ceremony for Three Police Officers Abdullahi Abdirisak, Brian Born, and Michael Mallet Public Safety Director Bierdeman addressed the council and introduced officersMichael Mallet, Abdullahi Abdirisak, and Brian Born. City Clerk Sindt administered the oath before the pinning of their badges. Each officer addressed council. No action required. 4.Resolution for Commissioner Reappointments Assistant City Manager/HR Director Darrow gave the staff report. Councilmember Juenemannmoved to approve the resolution for Commissioner reappointments. Resolution 24-09-2350 COMMISSIONER REAPPOINTMENTS BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be reappointed to the following commission: Environmental & Natural Resources Commission Rebecca BryanTerm Expires 09/30/2027 Benjamin GuellTerm Expires 09/30/2027 Seconded by CouncilmemberLeeAyes – All The motion passed. September 23, 2024 City Council Meeting Minutes 2 Council Packet Page Number 2 of 126 E1 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. Agenda items G1 & G3 were highlighted. CouncilmemberCavemoved toapprove agenda items G1-G6. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 1.Approval of Claims CouncilmemberCavemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 31,939.32 Checks # 121658 thru # 121779 dated 09/05/24 $ 974,272.53 Checks # 121780 thru # 121825 dated 09/10/24 $ 515,311.72 Disbursements via debits to checking account dated 09/02/24 thru 09/15/24 $ 1,521,523.57 Total Accounts Payable PAYROLL $ 754,245.75 Payroll Checks and Direct Deposits dated 09/13/24 $ 754,245.75 Total Payroll $ 2,275,769.32 GRAND TOTAL Seconded by Councilmember JuenemannAyes – All The motion passed. 2.Conditional Use Permit Review, Cassia Senior Housing Facility, 1438 County Road C East September 23, 2024 City Council Meeting Minutes 3 Council Packet Page Number 3 of 126 E1 CouncilmemberCavemoved to approve theCUP review for Cassia Senior Housing Facility, located at 1438 County Road C East, and review again only if a problem arises or a significant change is proposed. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 3.Staffing and Efficiency Study with the Center for Values-Based Initiatives for the Maplewood Police Department CouncilmemberCavemoved to approve the Staffing and Efficiency Study Agreement with the Center for Values-Based Initiatives (CVBI) for the Maplewood Police Department. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 4.Local Lawful Gambling Permit for HillMurray School, 2625 Larpenteur Avenue East CouncilmemberCavemoved to approve the ocal Lawful Gambling permit for Hill Murray School for their event on April 26, 2025. Seconded by Councilmember JuenemannAyes – All The motion passed. 5.Resolution Appointing Additional Election Judges for the 2024 State General Election Councilmember Cavemoved to approve the resolution listing additional election judges for the 2024 State General Election to be held on November 5, 2024. Resolution 24-09-2351 2024STATE GENERAL ELECTIONAPPOINTING ELECTION JUDGES WHEREAS, MN State Statute 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality; 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, additional election judges have expressed interest in serving for the General after the initial list of election judges were approved by city council on September 9, 2024; and September 23, 2024 City Council Meeting Minutes 4 Council Packet Page Number 4 of 126 E1 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, that the City Clerk or designee assign Election Judges to serve in the 2024 State General Election to be held on Tuesday, November 5, 2024 also from the following list: Dittli, Katrina Harmoning, Starr Vang, Sheila Seconded by Councilmember JuenemannAyes – All The motion passed. 6.Contract for Facility Remodel Project – City Hall and 1902 Building vemoved toapprove construction funding for the construction of two Councilmember Ca dedicated spaces for staff, one office space, secure storage, as well as furnishing, fixtures and equipment for space located at the 1902 Building and at City Hall. 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. 1.2024 Maplewood Street Improvements, City Project 23-08 a.Assessment Hearing, 7:00 p.m. b.Resolution Adopting Assessment Roll Public Works Director Love gave the staff report. Mayor Abrams opened public hearing. The following people spoke: None Mayor Abrams closed the public hearing. Councilmember Juenemannmoved to approve the resolution Adopting Assessment Roll for the 2024 Maplewood Street Improvements, City Project 23-08. Resolution 24-09-2352 RESOLUTIONADOPTING ASSESSMENT ROLL September 23, 2024 City Council Meeting Minutes 5 Council Packet Page Number 5 of 126 E1 WHEREAS, pursuant to resolution passed by the City Council on August 26, 2024, calling for a Public Hearing, the assessment roll for the 2024 Maplewood Street Improvements, City Project 23-08 was presented in a Public Hearing, 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: A.1109 Gordon Avenue, P.I.N. 162922420049 B.1277 Hilltop Court, P.I.N. 09292211047 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and 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. 2.That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the 2024 Maplewood Street Improvements, City Project 23-08: No adjustments are recommended, as the properties that have filed objections are being assessed per the City of Maplewood Special Assessment Policy and these properties are benefitting from the improvements as confirmed by the special benefits appraisal. 3.The assessment roll for the 2024 Maplewood Street 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. 4.Such assessments shall be payable in equal annual installments extending over a period of and 15 years for residential properties and 8 years for commercial properties, the first installments to be payable on or before the first Monday in January 2025 and shall bear interest at the rate of 5.65 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, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 November 1,2024, pay the whole of the assessment on such property, without interest, to the September 23, 2024 City Council Meeting Minutes 6 Council Packet Page Number 6 of 126 E1 city clerk; and they may, at any time after November 15, 2024, 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 November 15 or interest will be charged through December 31 of the next succeeding year. 5.The City Engineer and City Clerk shall forthwith after November 15, 2024, but no later than November 16, 2024, 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. Secondedby Councilmember LeeAyes – Councilmember Cave Councilmember Juenemann Councilmember Lee Councilmember Villavicencio Abstain – Mayor Abrams The motion passed. I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Sign Variance Denial Resolution, Mister Car Wash, 3050 White Bear Avenue North Agenda item J1 was removed from the agenda. 2.Conditional Use Permit Resolution, Harriet Tubman Center East, 2675 Larpenteur Ave East Community Development Director Parr gave the presentation. Christine Brinkman, Senior Director ofOperations with Harriet Tubman Center, provided additional information. Councilmember Leemoved toapprove the resolution for a conditional use permit for Harriet Tubman Center East to allow an exterior dog run and expanded use of its commercial kitchen located at 2675 Larpenteur Avenue East. Resolution 24-09-2353 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Harriet Tubman Center East has requested a conditional use permit to allow an exterior dog run and expanded use of its commercial kitchen. September 23, 2024 City Council Meeting Minutes 7 Council Packet Page Number 7 of 126 E1 1.02The property is located at 2675 Larpenteur Avenue East and is legally described as: Century Trails Common Lot 2 Block 1 The PID for the property is 13-29-22-44-0004. Section 2. Standards. 2.01City Ordinance Section 44-1092(3) requires a Conditional Use Permit for an institution of any educational, philanthropic or charitable nature. 2.02General 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. 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. 3.01The proposal meets the specific conditional use permit standards. Section 4. City Review Process September 23, 2024 City Council Meeting Minutes 8 Council Packet Page Number 8 of 126 E1 4.01The City conducted the following review when considering this conditional use permit request. 1.On September 17, 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 September 23, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5.City Council 5.01The city council herebyapprovesthe resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The City Council shall review this permit in one year. 4.This permit allows the Tubman Center East to continue its previously approved use of shelter housing. It also permits the applicant’s support activities such as a legal center, offices, counseling services group rooms, child care, playground, classrooms, community gathering spaces, space for collaborative community partnerships, community gardens, and bus shelters. 5.Thispermit approves the expanded use of the site’s commercial kitchen. The kitchen owner and any operators using the facility shall acquire all necessary approvals and licenses from the state of Minnesota and the City of Maplewood to operate the kitchen facility. 6.Trucks making deliveries for the kitchen facility shall be limited to 7 a.m. and 7 p.m. 7.This permit approves the exterior dog run, which shall be maintained and operated in a manner that does not create nuisances for nearby properties. September 23, 2024 City Council Meeting Minutes 9 Council Packet Page Number 9 of 126 E1 8.All construction—interior and exterior—related to the dog run and commercial kitchen on the subject property requires a building permit to be submitted for review and approval by the Building Official. 9.No supplies or materials are permitted to be stored outside. 10.Any trash and recycling receptacles stored outside must be within an enclosure that meets city requirements. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3.Metro Transit Purple Line Project a.Resolution Supporting Flexible Public Transportation and Transportation Alternatives b.Resolution Rescinding Support of the Bruce Vento Trail BRT Alignment c.Resolution Rescinding Support of theWhite Bear Avenue BRT Alignment Assistant City Manager/HR Director Darrow gave the staff report. City Attorney Batty provided additional information. Councilmember Cavemoved toapprove the Resolution in Support of Flexible Public Transportation and Transportation Alternatives. Resolution 24-09-2354 A RESOLUTION IN SUPPORT OF FLEXIBLE PUBLIC TRANSPORTATION AND TRANSPORTATION ALTERNATIVES WHEREAS, the City of Maplewood recognizes the importance of a robust and efficient transportation system for the economic vitality, environmental sustainability, and quality of life of its residents; and WHEREAS, public transportation and alternative transportation options such as biking, walking, and car-sharing provide numerous benefits, including reducing traffic congestion, lowering greenhouse gas emissions, and increasing accessibility for all citizens; and WHEREAS, expanding and enhancing public transportation options and supporting alternative modes of transportation can help to achieve these goals by providing reliable, accessible, and affordable transportation choices for all residents; and WHEREAS, investing in public transportation infrastructure such as micro-transit systems, and promoting alternative transportation methods can contribute to economic growth by increasing access to jobs, education, and services, as well as supporting local businesses; and September 23, 2024 City Council Meeting Minutes 10 Council Packet Page Number 10 of 126 E1 WHEREAS, the City of Maplewood seeks to improve connectivity within the city and with neighboring communities, and recognizes that a well-integrated and affordable transportation network is essential to achieving this goal; and WHEREAS, the City Council of Maplewood acknowledges the importance of collaboration with regional partners, transportation agencies, and community stakeholders to advance transportation initiatives and secure necessary funding and resources; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Maplewood supports the development, enhancement, and maintenance of public transportation and transportation alternatives within the city and its surrounding areas; and BE IT FURTHER RESOLVED, that the City Council commits to working with regional and local transportation agencies, businesses, and community organizations to identify and implement strategies that promote the use of public transportation, biking, walking, and other sustainable transportation options for all; and BE IT FURTHER RESOLVED, that the City Council will prioritize public engagement and seek input from residents to ensure that transportation solutions meet the needs of the community and reflect diverse perspectives. BE IT FURTHER RESOLVED, that this resolution shall be effective immediately upon its passage and adoption. Seconded by Councilmember JuenemannAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Lee Nay – CouncilmemberVillavicencio The motion passed. ed toapprove theResolution to Rescind Support of the Councilmember Juenemannmov Purple Line Project along the Bruce Vento Trail, and Rescind Resolution 17-06-1473, and Rescind Resolution 20-05-1815. Resolution 24-09-2355 A RESOLUTION TO RESCIND SUPPORT OF THE PURPLE LINE PROJECT ALONG THE BRUCE VENTO TRAIL, AND RESCIND RESOLUTION 17-06-1473 (LOCALLY PREFERRED ALTERNATIVE) AND RESCIND RESOLUTION 20-05-1815 (15 PERCENT DESIGN) WHEREAS, the City of Maplewood previously adopted Resolution 17-06-1473 on June 6, 2017, which transmitted the City’s support for the Rush Line Corridor to the Rush Line Corridor Task Force, the Ramsey County Regional Railroad Authority, and the Metropolitan Council; and September 23, 2024 City Council Meeting Minutes 11 Council Packet Page Number 11 of 126 E1 WHEREAS, the City of Maplewood also adopted Resolution 22-10-2135 on October 10, 2022, which withdrew support for the Purple Line Bus Rapid Transit project; and WHEREAS, the City Council has since re-evaluated its position on these transportation projects and determined that it is in the best interest of the City to rescind its previous resolutions regarding these matters; and WHEREAS, rescinding these resolutions aligns with the City's current transportation priorities and strategic objectives. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Maplewood hereby rescinds Resolution 17-06-1473, which transmitted the City’s support for the Rush Line Corridor to the Rush Line Corridor Task Force, the Ramsey County Regional Railroad Authority, and the Metropolitan Council; and BE IT FURTHER RESOLVED, that the City Council of Maplewood hereby rescinds Resolution 22-10-2135, which withdrew support for the Purple Line Bus Rapid Transit project; and BE IT FURTHER RESOLVED, that this action reflects the City’s updated transportation policy and priorities and that the City Council may take further actions as necessary to address the City’s current transportation needs and goals. BE IT FURTHER RESOLVED, that this resolution shall be effective immediately upon its passage and adoption. Seconded by Councilmember CaveAyes – All The motion passed. Councilmember Cavemoved toapprove theResolution to Rescind Support of the White Bear Avenue Alignment and Rescind Resolution 22-10-2135. Resolution 24-09-2356 A RESOLUTION TO RESCIND SUPPORT OF THE WHITE BEAR AVENUE ALIGNMENT AND RESCIND RESOLUTION 22-10-2135 (PURPLE LINE ALTERNATIVES STUDY) WHEREAS, the City of Maplewood has previously supported the Purple Line Transit System project; and WHEREAS, the City Council of Maplewood has conducted a thorough review and evaluation of the project’s impacts and benefits, and has determined that it is in the best interest of the City to withdraw municipal support for the Purple Line Transit System through the City of Maplewood; and WHEREAS, the City Council recognizes the importance of continued investment in and development of effective public transit and transportation alternatives to meet the needs of community members; and September 23, 2024 City Council Meeting Minutes 12 Council Packet Page Number 12 of 126 E1 WHEREAS, the City Council seeks to ensure that future transportation solutions align with the needs and preferences of the community while also integrating with regional transportation networks. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Maplewood hereby withdraws its municipal support for the Purple Line Transit System project through the City of Maplewood; and BE IT FURTHER RESOLVED, that the City Council directs City staff to engage actively with community members, neighboring communities, and Metro Transit to explore and develop alternative public transit and transportation solutions; and BE IT FURTHER RESOLVED, that this engagement should focus on identifying both short-term and long-term solutions that address the transportation needs of Maplewood’s residents and align with the City’s goals for sustainable and effective transportation infrastructure; and BE IT FURTHER RESOLVED, that the City Council requests staff to provide regular updates on the progress of these engagements and the development of alternative transportation solutions, including recommendations for future actions; and BE IT FURTHER RESOLVED, that this resolution shall be effective immediately upon its passage and adoption. Seconded by Councilmember Juenemann Council discussed the motion and shared opinions. Councilmember Lee moved totable item c. until council receives the final recommendations from the Purple Line project team in October as presented on July 22, 2024. Seconded by Councilmember Villavicencio Councilmember Lee requested a roll call voteAyes – CouncilmemberLee Councilmember Villavicencio Nays – Mayor Abrams Councilmember Cave Councilmember Juenemann The original motion stands Mayor Abramsrequested a roll call voteAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Nays – Councilmember Lee Councilmember Villavicencio The motion passed. September 23, 2024 City Council Meeting Minutes 13 Council Packet Page Number 13 of 126 E1 K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abrams adjourned the meeting at 8:31p.m. September 23, 2024 City Council Meeting Minutes 14 Council Packet Page Number 14 of 126 F1a CITY COUNCIL STAFF REPORT Meeting Date October 14, 2024 REPORT TO: City Council REPORT FROM: Michael Sable, City Manage r PRESENTER: Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: October 15: Special EDA Meeting: Development Tour 4 pm October 28: Workshop: Commissioner Interviews; Department Budget Presentations October 28: Special EDA Meeting: TIF Review of Gladstone Village II November 12: Workshop: Department Budget Presentations; Ambulance Fund November 12: Council Meeting: Canvassing General Election Results Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. Community Outreach Events: Trunk or Treat Sunday, October 27 (1 - 4 pm) City Hall Parking Lot Santa Parade Saturday, December 21 (9 am - 1 pm) City Wide Event Council Packet Page Number 15 of 126 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 16 of 126 G1 Council Packet Page Number 17 of 126 G1, Attachments Council Packet Page Number 18 of 126 G1, Attachments Council Packet Page Number 19 of 126 G1, Attachments Council Packet Page Number 20 of 126 G1, Attachments Council Packet Page Number 21 of 126 G1, Attachments Council Packet Page Number 22 of 126 G1, Attachments Council Packet Page Number 23 of 126 G1, Attachments Council Packet Page Number 24 of 126 G1, Attachments Council Packet Page Number 25 of 126 G1, Attachments Council Packet Page Number 26 of 126 G1, Attachments Council Packet Page Number 27 of 126 G1, Attachments Council Packet Page Number 28 of 126 G1, Attachments Council Packet Page Number 29 of 126 G1, Attachments Council Packet Page Number 30 of 126 G1, Attachments Council Packet Page Number 31 of 126 G2 CITY COUNCIL STAFF REPORT Meeting Date October 14, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Off-Sale Intoxicating Liquor License for S & S Bala, Inc., dba TDLiquor, 2728 Stillwater Road East Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: In accordance with City Code Chapter 6 (Alcoholic Beverages), an application for an Off-Sale Intoxicating Liquor license was submitted by Kulwant Bala, new owner of S & S Bala, Inc., dba TD Liquor, who will take over operation of YangChi Liquor, 2728 Stillwater Road East. Recommended Action: Motion to approve the Off-Sale Intoxicating Liquor License for S & S Bala, Inc., dba TD Liquor, 2728 Stillwater Road East. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: NA Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City Code Sec. 6-165 requires council approval for issuance of an off-sale intoxicating liquor license. Background: For the purposes of the license application a background investigation was conducted on Ms. Bala. Lieutenant Steiner will be meeting with the applicant to discuss measures to eliminate the sale of alcohol to underage persons, general security, retail crime issues and the city ordinances pertaining to the service of alcohol. Ms. Bala also owns an off-sale establishment in Zimmerman. Reportedly there have not been any issues, including compliance checks, with her other establishment. Attachments: None Council Packet Page Number 32 of 126 G3 CITY COUNCIL STAFF REPORT Meeting Date October 14, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Andrea Sindt, City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Massage Center License for Asian Wellness Massage, 2225 White Bear Ave North, Unit 1 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: In accordance with City Code Chapter 10, Article XX (Massage), an application was submitted by Fang Lin for a Massage Center license for Asian Wellness Massage, located at 2225 White Bear Ave North, Unit 1. This location has been operating as Wonderful Massage and is undergoing an ownership change. Recommended Action: Motion to approve the Massage Center license for Asian Wellness Massage, located at 2225 White Bear Ave North, Unit 1. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Council approval is required prior to issuance of a Massage Center license, per City Code Sec. 14-1457. Background A background investigation has been conducted on Fang Lin, owner of Asian Wellness Massage. Fang Lin will meet with the police department to discuss the City’s requirements and expectations in the operation of massage centers. Attachments None Council Packet Page Number 33 of 126 G4 CITY COUNCIL STAFF REPORT Meeting Date October 14, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Snake Discovery, 831 Century Avenue North Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit for Snake Discovery at 831 Century Avenue North is due for review. Recommended Action: Motion to approve the CUP review for Snake Discovery, located at 831 Century Avenue North, and review again only if a problem arises or a significant change is proposed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless such review is waived by council decision. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On October 23, 2023, the city council approved a conditional use permit amendment to allow Snake Discovery to install one exterior light within the parking lot west of its building. The light has been installed. In addition, the property owner installed “stop” and “no left turn” signs for the exit drive of its parking lot, and a trash enclosure was constructed. All conditions of the site’s conditional use permit are being met, and there are no issues with the site. Staff recommends the council review again only if a problem arises or a significant change is proposed. Council Packet Page Number 34 of 126 G4 Reference Information Site Description Site Size: 1.04 Acres Existing Land Use: Snake Discovery (Commercial) Surrounding Land Uses North: Single Dwelling Residential South: Commercial and Single Dwelling Residential East: Commercial West: Single Dwelling Residential Planning Existing Land Use: Mixed-Use, Neighborhood Existing Zoning: Commercial and Single Dwelling Residential Attachments: 1.Overview Map 2.City Council Minutes, October 23, 2023 Council Packet Page Number 35 of 126 G, Attachment 1 Council Packet Page Number 36 of 126 G Attachment 2 Council Packet Page Number 37 of 126 G Attachment 2 Council Packet Page Number 38 of 126 G Attachment 2 Council Packet Page Number 39 of 126 G Attachment 2 Council Packet Page Number 40 of 126 G5 CITY COUNCILSTAFF REPORT Meeting Date October 14, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER:Brian Bierdeman, Public Safety Director AGENDA ITEM: State of Minnesota Office of Traffic Safety DWI/Traffic Safety Grant2025 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: In December of 2022, the Maplewood Police Department was first awarded a grant from the Office of Traffic Safety to fund a full-time DWI/Traffic Safety Officer. The officer filling this position must meet the criteria set forth by the grant, which includes two years of experience as a licensed peace officer and specialty training. The grant covers all work time and overtime associated with traffic enforcement and mandatory department training. This grant has been renewed for another year. Recommended Action: Motion to approve the grant agreement with the State of Minnesota Office of Traffic Safety for the 2025 DWI/Traffic Safety Officer. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is reimbursement of $121,867.45. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Grant Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City Council approval is required to sign the agreement. Background: The Maplewood Police Department has been using Office of Traffic Safety grant funding for decades related to overtime-funded traffic enforcement through the Ramsey County Traffic Safety Initiative (RCTSI). This grant expands the program by continuing to dedicate a full-time police officer to focus on impaired and dangerous driving. This grant does not impact the current reimbursement from the RCTSI. Since the Maplewood Police Department has participated in this Traffic Safety Grant, enforcement of impaired driving in Maplewood has increased significantly. Attachments: 1.Grant Agreement Council Packet Page Number 41 of 126 G5, Attachment 1 Grant Contract Agreement Page 1 of 3 Grant Program:2025NHTSA: DWI / Traffic Safety Minnesota Department of Public Safety(“State”) Office of Traffic SafetyOfficer 445 Minnesota Street, Suite 1620 Saint Paul, MN 55101 Grant Contract Agreement No.: A-OFFICR25-2025-MAPLEWPD-003 Grantee:Grant Contract Agreement Term: Maplewood Police Department 1830 County Road B East Effective Date: 10/01/2024 Maplewood, MN 55109-2702 Expiration Date: 09/30/2025 Grantee’s Authorized Representative:Grant Contract Agreement Amount: Lieutenant Michael DugasOriginal Agreement$121,867.45 1830 County Road B East Matching Requirement$ 0.00 Maplewood, MN 55109-2702 (651)249-2651 Michael.dugas@maplewoodmn.gov Federal Funding: CFDA/ALN:20.608& 20.608& State’s Authorized Representative: Duane Siedschlag, Impaired Driving Program 20.600 Coordinator 445 Minnesota Street, Suite 1620 FAIN: 69A37523300001640MNA & Saint Paul, MN 55101 69A37523300001640MNA & (651)221-7078 69A37523300004020MNO Duane.siedschlag@state.mn.us State Funding: N/A Special Conditions: None Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision 5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Granteemay claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee,will: Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2025 NHTSA: DWI / Traffic Safety Officer Application \[“Application”\] which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 620, Saint Paul, MN 55101. The Granteeshall also comply with all requirements referenced in the 2025 NHTSA:DWI / Traffic Safety Officer Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants),which areincorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. DPS Grant Contract Agreement Non-State (rev. September 2022) Council Packet Page Number 42 of 126 G5, Attachment 1 Grant Contract Agreement Page 2 of 3 Matching Requirements: (Ifapplicable.) As stated in the Grantee’s Application, the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the Granteeafter the Granteepresents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION3. STATE AGENCY Individual certifies that funds have been encumbered as Signed: _____________________________________________ required by Minn. Stat. §16A.15. (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Contract Agreement No./ P.O. No. A-OFFICR25-2025-MAPLEWPD-003/ 3000098176 Project No.25-03-03 2. GRANTEE The Granteecertifies that the appropriate person(s) have executed the grant contract agreementon behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _____________________________________________ Print Name: __________________________________________ Title: _______________________________________________ Date: _______________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Title: ________________________________________________ Date: ________________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Distribution: DPS/FAS Title: ________________________________________________ Grantee State’s Authorized Representative Date: ________________________________________________ DPS Grant Contract Agreement Non-State (rev. September 2022) Council Packet Page Number 43 of 126 G5, Attachment 1 Grant Contract Agreement Page 3 of 3 DPS Grant Contract Agreement Non-State (rev. September 2022) Council Packet Page Number 44 of 126 G5, Attachment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ouncil Packet Page Number 45 of 126 G6 CITY COUNCIL STAFF REPORT Meeting Date October 14, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer PRESENTER: Steven Love AGENDA ITEM: Ramsey County Cooperative Agreement for Reconstruction of McKnight Road, City Project 20-15 Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Ramsey County led a road reconstruction project for McKight Road between Burns Avenue and Minnehaha Avenue. The project was completed in August, 2022. The project included improvements to the roadway, utilities, pedestrian ramps, and traffic signals. The City was to share in the cost of the project based on Ramsey County’s Cost Participation Policy. The City Council will consider entering into a cooperative agreement, with Ramsey County, for the reconstruction of McKnight Road between Burns Avenue and Minnehaha Avenue. This agreement covers the responsibilities and cost share for both the City and Ramsey County for the proposed improvements. Recommended Action: Motion to approve the attached cooperative agreement, with Ramsey County, for the Reconstruction of McKnight Road, City Project 20-15 and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $183,995.63 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Street Light Utility Fund Strategic Plan Relevance: Community InclusivenessFinancial & Asset Mgmt.Environmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment This agreement covers the responsiblilties of Ramsey County and the City of Maplewood for the McKnight Road Reconstruction, City Project 20-15. The completed project included improvements to the street condition, upgrades to existing utilities, pedestrian improvements, and traffic signal improvements along the section of McKnight Road between Burns Avenue and Minnehaha Avenue. Council Packet Page Number 46 of 126 G6 Background Ramsey County led a street reconstruction project on McKnight Road between Burns Avenue and Minnehaha Avenue. The project design started in January, 2020. Construction later began on August, 2021 and was completed by August, 2022. The completed project included road improvements, pedestrian improvements, utility improvements, and traffic signal upgrades. Ramey County recently conducted a review of projects that were designed/constructed during the COVID period. As part of this review the County found that they missed sending the City a cooperative agreement for the McKnight Road reconstruction project. The cooperative agreement details maintenance responsibilities along with a cost share breakdown. The total project cost is $1,716,902.50. This includes construction, design, and inspection costs. Of the total project cost, Maplewood’s cost share is $183,995.63. The City’s share of the project costs is related to traffic signal upgrades and will be funded through the Street Light Utility Fund. The City Attorney has reviewed the attached cooperative agreement with Ramsey County for the McKnight Road Reconstruction, City Project 20-15. Staff recommends approving the attached cooperative agreement with Ramsey County. Attachments 1.Project Location Map 2.Ramsey County Cooperative Agreement for the Reconstruction of McKnight Road Council Packet Page Number 47 of 126 G6, Attachment 1 NdLojhiuSpbeSfdpotusvdujpoQspkfdu MpdbujpoNbq Njoofibib Bwfovf NdLojhiu Spbe Cvsot Bwfovf Council Packet Page Number 48 of 126 G6, Attachment 2 Agreement PUBW2021-07R RAMSEY COUNTY COOPERATIVE AND MAINTENANCE AGREEMENT WITH THE CITY OF MAPLEWOOD FOR Reconstruction of McKnight Road (County State Aid Highway 68) between Burns Avenue and Minnehaha Avenue County State Aid Project 062-668-058 Municipal State Aid Project 164-020-156 County Project - P3425 Attachments: A Î Certificate of Pay Estimate B Î Project Location Map This Agreement is between the City of Maplewood, a municipal corporation ("City") and Ramsey County, a political subdivision of the State of Minnesota, ("County") for the reconstruction of McKnight Road (CSAH 68) between Burns Avenue and Minnehaha Avenue (ÐProjectÑ). RECITALS 1.The Project is identified in Ramsey CountyÓs 2021 Î 2025 Transportation Improvement Program. 2.McKnight Road, in the area affected by reconstruction, is designated County State Aid Highway (CSAH) 68. 3.The Project has been designated by the Minnesota Department of Transportation (Mn/DOT) as eligible for County State Aid Highway funds. 4.The Project has been designated as County State Aid Project 062-668-058, and Municipal State Aid Project 164-020-156. 5.The subject road segment is depicted on Attachment B and located within the City. 6.The Project is complete. PUBW2021-07R Page 1 of 7 Council Packet Page Number 49 of 126 G6, Attachment 2 AGREEMENTS 1. Responsibility for Design Engineering 1.1. Plans, specifications, and proposals were prepared in accordance with Mn/DOT State Aid requirements. 1.2. The County prepared plans, specifications, and proposals for the Project, which included, among other things, the proposed reconstruction, alignment, profiles, grades, cross sections, paving, concrete curb and gutter, medians, storm sewer, storm water treatment and infiltration basins, pedestrian curb ramps, turf establishment, traffic signals, street lighting, accessible pedestrian signals, and utility replacement and adjustments. 1.3. Plans for the Project showing proposed construction were presented to and approved by the City and are on file at Ramsey County Public Works Department. 2. \[Intentionally Deleted\]. 3. Procurement and Award of Contract 3.1. The County took bids in accordance with state law and County procedures. 3.2. The County prepared an abstract of bids and a cost participation summary based on the lowest responsible bidderÓs proposal and provided the same to the City. 3.3. The County requested and the City provided the CityÓs concurrence to award a contract to the lowest responsible bidder. 3.4. The County awarded a contract and paid the contractor from the County State Aid Highway, Municipal State Aid Highway, and local funds identified for the Project. 4. Responsibility for Construction Engineering 4.1. The County performed or contracted the performance of the construction engineering for all elements of the Project. 5. Project Costs 5.1. Except as provided herein, the County and City will participate in the costs of construction in accordance with the Ramsey County Cost Participation Policy and approved in the 2021 Î 2025 Ramsey County Transportation Improvement PUBW2021-07R Page 2 of 7 Council Packet Page Number 50 of 126 G6, Attachment 2 Plan. If there is a conflict between the Cost Participation Policy and this Agreement, this Agreement will prevail. 5.2. The Total Construction Cost of $1,384,598.79 is based on the list of the construction pay items for the Project set forth in the certificate of Pay Estimate that is attached as Attachment A. CityÓs share of funding responsibility for the Total Construction Cost is $148,383.57, and City shall pay such sum to County. Quantities and unit prices in Attachment A are based on actual costs. 5.3. Design Engineering Costs 5.3.1. The City shall pay the County a design engineering fee equal to $17,806.03 (i.e., 12% of CityÓs share of the Total Construction Cost). 5.3.2. Design engineering fees are based on actual final costs. 5.4. Construction Engineering Costs 5.4.1. The City shall pay the County a construction engineering fee equal to $17,806.03 (i.e., 12% of CityÓs share of the Total Construction Cost). 5.4.2. Construction engineering and administration fees are based on actual final costs. 6. Payment Schedule 6.1. The total amount due to County from City hereunder is $183,995.63. County will invoice City for such amount and City will pay such invoice within 30 days of receipt of such invoice. 7. Ownership and Maintenance Responsibility for Project Elements 7.1. Ownership and Maintenance Responsibility of the Roadway 7.1.1. The County will own and maintain the roadway and associated roadway elements location within the County Right of Way. 7.2. Ownership and Maintenance Responsibility of the Storm Sewer (catch basins and leads, main, infiltration systems, ponding, water treatment) 7.2.1. The City shall own the following components of the storm sewer system: i. Trunk line ii. Trunk line manholes, including manholes which connect catch basins and leads to the truck line iii. Surface drains located outside of the County road right-of-way and associated leads PUBW2021-07R Page 3 of 7 Council Packet Page Number 51 of 126 G6, Attachment 2 iv. Trunk line outfalls 7.2.2. The County shall own the following components of the storm sewer system: v. Catch basins vi. Catch basin leads vii. Cross-culverts viii. Surface drains located within the County road right-of-way 7.2.3. The City and County shall each maintain the components of the storm sewer system under their respective ownership. 7.3. The City will own and maintain the sanitary sewer and watermain systems including services. 7.4. The City will own and maintain the streetlights. 7.5. The City will own and maintain the walls, if any. 7.6. Ownership and Maintenance of the Sidewalk 7.6.1 The county will own the sidewalk/trail. 7.6.2 The City of St. Paul shall be responsible for all maintenance, including but not limited to patching, snow and ice control, sweeping, crack sealing, debris removal, vegetation control, panel replacement, settlement adjustments, etc. 7.6.3 The county shall be responsible for preservation, overlay or reconstruction. 7.7. The City will own and maintain the trees, landscaping, and median landscaping, including irrigation systems. 8. The City grants the County temporary construction permits over all City owned rights- of-way and property within the limits of the Project for use during construction at no cost to the County. 9. The City and County shall indemnify, defend, and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorneyÓs fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents, or employees, in the execution, performance, or failure to adequately perform the indemnifying partyÓs obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on liability. 10. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties. PUBW2021-07R Page 4 of 7 Council Packet Page Number 52 of 126 G6, Attachment 2 If to the CITY : City of Maplewood 1902 County Rd B E Maplewood, MN 55109 Attention: Steve Love, Public Works Director If to the COUNTY: Ramsey County Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Attention: John Mazzitello, Deputy Director PUBW2021-07R Page 5 of 7 Council Packet Page Number 53 of 126 G6, Attachment 2 CITY OF MAPLEWOOD, MINNESOTA By: _______________________________ Date:_______________________ Mayor By: _______________________________ Date:_______________________ PUBW2021-07R Page 6 of 7 Council Packet Page Number 54 of 126 G6, Attachment 2 RAMSEY COUNTY, MINNESOTA _________________________________ Date: ____________________________ Johanna Berg, County Manager Approval recommended: _________________________________ Brad Estochen, County Engineer Approved as to form: _________________________________ Assistant County Attorney PUBW2021-07R Page 7 of 7 Council Packet Page Number 55 of 126 G6, Attachment 2 John R. Mazzitello 9/28/2023 Council Packet Page Number 56 of 126 G6, Attachment 2 Council Packet Page Number 57 of 126 G6, Attachment 2 Council Packet Page Number 58 of 126 G6, Attachment 2 Council Packet Page Number 59 of 126 G6, Attachment 2 Council Packet Page Number 60 of 126 G6, Attachment 2 Council Packet Page Number 61 of 126 G6, Attachment 2 Council Packet Page Number 62 of 126 G6, Attachment 2 Council Packet Page Number 63 of 126 G6, Attachment 2 Council Packet Page Number 64 of 126 G6, Attachment 2 Council Packet Page Number 65 of 126 G6, Attachment 2 Council Packet Page Number 66 of 126 G6, Attachment 2 Council Packet Page Number 67 of 126 G7 CITY COUNCILSTAFF REPORT Meeting Date October 14, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer PRESENTER: Steven Love AGENDA ITEM: Resolution of Municipal Concurring for New County State Aid Highways Designations, City Project 24-15 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Ramsey County recently completed a study of their County State Aid Highway (CSAH) system designations. Ramsey County is proposing to designate Lydia Road/Joy Road, between Bellaire Avenue and Geneva Avenue to a CSAH. City Council will consider approving the Resolution of Municipal Concurring for New County Sate Aid Highways Designations. Recommended Action: Motion to approve the Resolution of Municipal Concurring for New County State Aid Highways Designations, City Project 24-15. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: There are no City costs associated with the approval of the attached resolution. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Designating Lydia Road/Joy Road, between Bellaire Avenue and Geneva Avenue, as a CSAH allows the County to utilize CSAH funds for future improvements. Background: Ramsey County recently completed a study of their County State Aid Highway (CSAH) designations. The County’s update of the CSAH system maximizes the amount of CSAH funds coming to Ramsey County for road maintenance and reconstruction projects. Similar to the Council Packet Page Number 68 of 126 G7 Municipal State Aid system, CSAH designations are generally assigned to County roads with the highest level of traffic volume to bring in the most amount of CSAH funds. Ramsey County Board of Commissioners approved a resolution changing the designations of Lydia Road/Joy Road, between Bellaire Avenue to Geneva Avenue (Century Avenue), from County Roads to a CSAH. MnDot requires a supporting resolution from each community where changes to the CSAH designations are taking place. Staff recommends approval of the attached resolution. 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V.@" C'.+ SEC;<UA->I"20"M.0 C'.+ SEC ;ZUAH'DDM.0 C'.+ SEC ;8UAEC \] SEC :U D?'M ^''#" V.@" C'.+ SE-GH ;U $' _- 8 S+"N/>$"+ .# -"(M"0$# 9; '0 G$$.>IM"0$ )U =,V.='?" C'.+ SEC 6<U D?'M ^''#" V.@" C'.+ SE-GH ;U $' E'20$F C'.+ \\ \\.#$ SE-GH U+"N/>$"+ .# -"(M"0$  '0 G$$.>IM"0$ )U >,VF+/. C'.+ SEC 6ZUA\['F C'.+ SEC 6:U D?'M )"&&./?" G*" SE-GH :U $' ^"0"*. G*" S45 76U S+"N/>$"+ .# -"(M"0$# 89Z '0 G$$.>IM"0$ )U +,E'20$F C'.+ \[ SEC <U D?'M E"0$"?*/&&" C'.+ SE-GH :U $' `9L\\ S+"N/>$"+ .# -"(M"0$# < '0 G$$.>IM"0$ )U ",E'20$F C'.+ \\ SEC ::UA-'' -$?""$ SEC L8U D?'M K/>$'?/. SE-GH 7U $' TJ.##' )'2&"*.?+ SE-GH <U S+"N/>$"+ .# -"(M"0$# :96 '0 G$$.>IM"0$ )U 1.("  'D 7 Council Packet Page Number 71 of 126 G7, Attachment 2  !"#$%&!'(")*)+,-./0!12 $324"#$%&!'("5)*)+,67/ G M'$/'0 $' .NN?'*" J.# M.+" =F E'MM/##/'0"? 4'?.03 #">'0+"+ =F E'MM/##/'0"? T?$"(., 4'$/'0 N.##"+, GF"Y 9 Y \]?"$I"M3 4'?.03 T?$"(.3 C"/0I.?+$3 .0+ a/'0( G=#"0$Y 9 Y 4>^2/?" )FY 4"" EI"0(3 EI/"D E&"?@ 9 E'20$F )'.?+ 1.(" 7 'D 7 Council Packet Page Number 72 of 126 G7, Attachment 3 RESOLUTION MUNICIPAL CONCURRING FOR NEW STATE AID HIGHWAYS DESIGNATION CITY PROJECT 24-15 WHEREAS, the County Board of the County of Ramsey did adopt resolution B2024-185 on 9/24/2024, locating, establishing, designating and numbering the County State Aid Highway System of Ramsey County, and WHEREAS, said resolution locates and establishes certain County State Aid Highways within the corporate limits or the City of Maplewood NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A portion of resolution B2024-185, adopted by the County Board, establishes, locates and designates Lydia Road (CR 107)/Joy Road (CR 109) from Bellaire Ave (CSAH 19) to Geneva Ave (MN 210), within the limits of the City of Maplewood, as a County State Aid Highway of Ramsey County is in all things approved. Approved this 14th day of October 2024. Council Packet Page Number 73 of 126 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 74 of 126 J1 CITY COUNCIL STAFF REPORT Meeting Date October 14, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Lois Knutson, Senior Administrative Manager PRESENTER: Michael Sable, City Manager AGENDA ITEM: Award of 2025 Charitable Gambling Funds Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Each year the City of Maplewood solicits requests for Charitable Gambling funds. The City Council will be reviewing 7 applications with $43,000 in requests for projects in this yearÓs priority category of Social Supports and Senior Citizen Services. Sufficient funding is available to grant all of the submitted requests. Recommended Action: Staff recommends the City Council review and approve the proposed award amounts as listed. Organization Amount Requested Carefree Cottages $500.00 CHILD, Inc. $7,500.00 Community Sharing Program (Our Redeemer Lutheran Church) $2,500.00 Gladstone Community Education Center $5,000.00 The Salvation Army Lakewood $5,000.00 Tubman $20,000.00 YMCA $2,500.00 Total: $43,000.00 Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $43,000. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: NA Council Packet Page Number 75 of 126 J1 Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The City of Maplewood grants funds from the Charitable Gambling Tax Fund to support activities and services that benefit Maplewood residents. This yearÓs priorities are Social Supports and Senior Citizen Services. Background In an effort to make a more significant impact for each organization, the City Council directed staff to develop a three-year rotating schedule, whereby priority for funding will be given to requests that fit into specified categories each year. Year 1 (2025): Social Supports and Senior Citizen Services Year 2 (2026): Youth Programs and Community Engagement & Events Year 3 (2027): Environment & Natural Resources and Safety Programs The City Council approved this modification to the Charitable Gambling Policies on August 23, 2021. Funds awarded for 2025 will have priority given to Social Supports and Senior Citizen Services. The City received 7 applications with $43,000 in requests. Funding is available to grant all of the funding requests for 2025. Staff reviewed the applications to determine that they meet the criteria established by Council for projects in the category of Social Supports and Senior Citizen Services. Attachments 1. Summary of 2025 Charitable Gambling Requests 2. 2025 Charitable Gambling Applications Council Packet Page Number 76 of 126 J1, Attachment 1 Summary of 2025 Charitable Gambling Requests Applicant: Carefree Cottages of Maplewood Contact: Kelsey Edwards Amount of Request: $500.00 Reason for Request: Funds will be used for resident activities, including monthly birthday parties, happy hour, arts and crafts and live entertainment. Relevance to Social Supports and Senior Services: Gets senior residents out into the community to get to know each other on a fun level and gets them involved in the community. Applicant: CHILD, Inc. Contact: Keli George Amount of Request: $7,500.00 Reason for Request: Funds will be used for items to help support clients. The organization needs a sensory area for those on the spectrum or with other emotional needs. This would include partitioning an area, muted lighting, sound cancelling headphones, special seating, weighted blankets, lap desks, fidgets, toys, and a number of other therapeutic supplies. Fencing would also be added for privacy and security of the building. Art therapy supplies are also needed. Relevance to Social Supports and Senior Services: CHILD provides emotional and information supports to children and their support system, and to adult survivors of child abuse. Trainings with children focus on age-appropriate identification and prevention of abuse. Children are given tools to help them speak out. Applicant: Community Sharing Program (Our Redeemer Lutheran Church) Contact: Carmen Snaza Amount of Request: $2,500.00 Reason for Request: The program receives groceries from various sources. The groceries are then sorted and distributed. Funds would be used to clean the carpets and kitchen spaces to keep them sanitary and to purchase supplemental groceries for hot meal preparation. Relevance to Social Supports and Senior Services: The Community Sharing program provides groceries and hot meals without discrimination. The volunteers are from the community and most are not members of the church. Those who receive the food items are often senior citizens but all demographics are represented. It has become a very caring and supportive community. Council Packet Page Number 77 of 126 J1, Attachment 1 Applicant: Gladstone Community Education Center Contact: Jordi Teillard-Cui Amount of Request: $5,000.00 Reason for Request: The funds would allow the Gladstone Community Education Center to expand and enhance its programs, ensuring more impactful and accessible services for the Maplewood community. The funds would be used by multiple programs including Meals on Wheels ($2,000), Program Development at Gladstone ($1,500), Community Outreach and Program ($1,000) and Administrative and Operation Support ($500). This funding would make a tangible impact, allowing Adult and Senior Programs to enrich their offerings, promote greater access, and serve even more residents in Maplewood. Relevance to Social Supports and Senior Services: The request aligns with both Social Supports and Senior Services. The Gladstone Community Center fosters social engagement and personal growth through lifelong learning programs, offering a community space where adults, including senior citizens, can build connections and enhance their skills, improving their overall well-being. Meals on Wheels provides a critical service to aging residents, helping them maintain their independence and health by ensuring regular access to balanced meals. Applicant: The Salvation Army Lakewood Contact: Amanda Hines Amount of Request: $5,000.00 Reason for Request: The funds would be used to add to the food shelf budget. Food for the food shelf is purchased through an organization called “The Food Group”. While donations are received to supplement what is purchased, additional funding would ensure that the most requested staple items, such as milk, eggs, and meats are able to be kept stocked for those in need. Relevance to Social Supports and Senior Services: The food shelf promotes a healthier community by providing access to nutritious food options. It helps to combat food insecurity and the associated health risks that accompany it. The food shelf impacts clients financially by lessening the burden of food expenses. By providing access to free nutritious food, clients can redirect their financial resources toward other essential needs. While all age groups are served without discrimination, many of the clients are senior citizens on fixed incomes and access to the food shelf helps them stretch their monthly budget to meet their needs. Applicant: Tubman Contact: Kate Tobin Amount of Request: $20,000.00 Reason for Request: The funds would support Maplewood residents in the shelter for homeless domestic violence survivors and in the Sage Journeys Transitional Housing program for youth ages 16 – 24. Funds will be used to purchase basic needs items, both household items and clothing. When shelter and transitional housing clients exit to a new home, they take these items with them. Council Packet Page Number 78 of 126 J1, Attachment 1 Relevance to Social Supports and Senior Services: The request aligns with the Social Supports focus area. Clients require that their basic needs are met before they can face the challenges brought on by domestic violence and homelessness. Providing basic needs items to survivors allows them to focus on healing and moving forward. In turn, this reduces violence in communities and creates stability. Applicant: YMCA (Maplewood Community Center) Contact: Alex Schmitz Amount of Request: $2,500.00 Reason for Request: The funds would be used for the ForeverWell (55+) program for items such as coffee, special events, social events, bingo prizes, free classes and games and puzzles. Items for the teen center for afterschool youth would also be purchased; better snacks, interesting rewards, new games and lounging furniture. Funds would also purchase coolers, wagons and dollies for the neighborhood center food shelves. Relevance to Social Supports and Senior Services: Social support is what the Y does best. They see what the community needs and address it. This comes in all shapes and sizes. Free swim lessons, free afterschool activities and youth hub, family nights, mom clubs, book clubs, social interaction for seniors. They fit into both of the categories perfectly. Last year the Maplewood Y Community Center saw 2,800 new ForeverWell members and they continue to keep that part of the community in the front of what they do. They employee a ForeverWell Coordinator, full time, whose sole purpose is to drive programing geared toward seniors. Council Packet Page Number 79 of 126 J1, Attachment 2 Council Packet Page Number 80 of 126 J1, Attachment 2 Council Packet Page Number 81 of 126 J1, Attachment 2 Council Packet Page Number 82 of 126 J1, Attachment 2 Council Packet Page Number 83 of 126 J1, Attachment 2 Council Packet Page Number 84 of 126 J1, Attachment 2 Council Packet Page Number 85 of 126 J1, Attachment 2 Council Packet Page Number 86 of 126 J1, Attachment 2 Council Packet Page Number 87 of 126 J1, Attachment 2 Council Packet Page Number 88 of 126 J1, Attachment 2 Council Packet Page Number 89 of 126 J1, Attachment 2 Council Packet Page Number 90 of 126 J1, Attachment 2 Council Packet Page Number 91 of 126 J1, Attachment 2 Council Packet Page Number 92 of 126 J1, Attachment 2 Council Packet Page Number 93 of 126 J1, Attachment 2 Council Packet Page Number 94 of 126 J1, Attachment 2 Council Packet Page Number 95 of 126 J1, Attachment 2 Council Packet Page Number 96 of 126 J1, Attachment 2 Council Packet Page Number 97 of 126 J2 CITY COUNCILSTAFF REPORT Meeting Date October 14, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Elizabeth Hammond, Planner Michael Martin, AICP,Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Setback VarianceResolution, Larkin Dance Studio, 1400 Highway 36 East Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Larkin Dance Studio requests a variance to allow five parking stalls within the required setback. The parking stalls must be 15 feet from the south property line, and the applicant is requesting a 15-foot setback variance to allow the five stalls to be right up to the property line. The applicant submitted proposed plans for the property. A setback variance is required to move forward with this proposal. Recommended Action: Motion to approve a resolution for a setback variance for Larkin Dance Studio’s expanded parking lot at 1400 Highway 36 East. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $ 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The city deemed the applicant’s application complete on September 3, 2024. The initial 60-day review deadline for a decision is November 2, 2024. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days, if necessary, to complete the review. Background: Larkin Dance Studio has requested a 15-foot setback variance for five proposed parking stalls. The five stalls would be incorporated into a parking lot addition that the applicant has been planning, and that was previously approved through a 15-day minor construction project application. At that time, the city only approved the additional stalls outside the required setback, noting that the five Council Packet Page Number 98 of 126 J2 stalls in the setback would require approval of a setback variance if pursued. This information is included as an attachment to this report. The applicant is now submitting a variance application requesting a 15-foot variance for these five stalls, as shown on the plans on the property line along Cope Avenue. City code requires a 15-foot setback from the property line, and screening should be planted in the setback area when adjacent to residential properties. The applicant proposes planting Juniper conifer trees to screen the lights from the vehicles from the adjacent residential homes across Cope Avenue to the south year-round. The new trees will be six feet when installed and placed to screen both the new parking spaces and the existing nonconforming parking spaces on the site's east site. The trees are shown to be planted in the city right-of-way. City engineering staff has indicated that if the city council approves the variance, the owner must work with their department to ensure the plantings do not interfere with underground utilities or sight distance issues. They also noted that the Living Streets Policy encourages trees within the ROW, when possible, to shade the street, potentially reducing the urban heat island effect. In addition to the screening trees, staff is recommending that the applicant be required to adjust all lights on the main and accessory buildings on-site so they cast downwards, that all parking lot lights be downcast and that a photometric plan be submitted for staff approval that shows all ordinance requirements being met. These recommendations were reviewed at the planning commission meeting and both the planning commission and applicant were agreeable to these recommendations. Variances State statute allows variances to be approved when the proposal is in harmony with city goals and policies outlined in the comprehensive plan and official controls and when practical difficulties exist. The practical difficulty standard outlines three factors cities must consider on a variance request: reasonableness, uniqueness, and essential character. 1. Reasonableness – When the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. 2. Uniqueness – When the plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. Essential Character – When the variance, if granted, will not alter the essential character of the locality. Summary City staff has reviewed the application and finds the request is in harmony with city goals and policies outlined in the comprehensive plan and official controls and does meet the practical difficulties standard that must apply. The applicant has provided a reasonable justification for the setback variance request. The existing circumstances are unique to this property and were not created by the owner. Council Packet Page Number 99 of 126 J2 The variance, if granted, will not alter the essential character of the locality. Looking at the aerial photo to the right, the site currently has pre-existing, zero-foot setback, non-conforming parking spaces on the east side of the site, as indicated by the red circle. The property to the west received a 13-foot setback variance in 2022 to have parking stalls within two feet of the front property line – as indicated by the yellow circle. The blue circle identifies the site’s prep work to expand the parking lot as approved by the 15-day minor construction project in 2023. Commission Review Planning Commission Aerial Photo from May 3, 2024 September 17, 2024: The Planning Commission held a public hearing, reviewed the setback variance request and recommended approval. Department Comments No Comments. Public Comments Staff sent a public hearing notice and application details to the 56 properties within 500 feet of the subject property. The following comment was received. 1. I live directly across the street from Larkin Dance. The 5 extra parking stalls they are requesting face the car headlights directly at my house. The lighting Larkin Dance has on their building now directs light right into my front facing windows on Cope Avenue. The same lights on their building light up my front yard at night!! This is light pollution to say the least. I should not have to pull newly bought shades to keep my living room somewhat darkened once their lights come on. As soon as their building lights come on you are not able to look out the front window, it will damage your eyes! You are not even able to sit on the front steps/porch because the whole yard is lit up at night. If these stalls are allowed, they will directly face my porch. Next, Larkin will need more parking lot lights so patrons are safe in the parking lot. More light!!! Yes, I see they plan on putting in shrubs to diffuse some of the lighting. The homes to the east of Larkin complained about lights from Larkin Dance and a privacy fence was put up. How would you like this in your front yard??? (Rita Kruchowski, 1410 Cope Avenue East) Staff and the planning commission considered the residents' comments, which led to the recommended mitigation steps regarding the site’s lighting, discussed earlier in the report. Reference Information Site Description Site Size: 2.19 Acres Surrounding Land Uses North: Highway 36 South: Low-Density Residential, Single-Dwellings Council Packet Page Number 100 of 126 J2 East:Low-Density Residential, Single-Dwellings West: Commercial/Industrial Planning Existing Land Use: Mixed-Use, Community Existing Zoning: Light Manufacturing Attachments: 1.Setback Variance Resolution 2.Overview Map 3.Future Land Use Map 4.Zoning Map 5.Applicant Narrative 6.Site Plans 7.15-Day Minor Construction Approval (parking lot expansion) 8.Planning Commission Minutes, September 17, 2024 9.Presentation Slides Council Packet Page Number 101 of 126 Attachment 1 SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Larkin Dance Studio has requested a 15-foot setback variance to allow for five parking stalls within the required 15-foot parking setback. 1.02 The property is located at 1400 Highway 36 East and is legally described as: PARCEL 1: That part of the North Half of the Southwest Quarter (N1/2 of SW1/4) of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the center of said Section 10, thence Southerly along the East line of the SW1/4 a distance of 848.3 feet to the intersection of the Southerly right-of-way line of Trunk Highway No. 36; thence Westerly along the said Southerly right-of-way line a distance of 1,196.20 feet, thence deflecting to the left 90 degrees and along said right-of-way line a distance of 25 feet, thence deflecting to the right 90 degrees and along said right-of-way line a distance of 93.46 feet to an iron, said point being the intersection of West line of the East 39 acres and the said Trunk Highway No. 36 Southerly right-of-way line and the point of beginning; thence Westerly along said right-of-way line a distance of 233.30 feet, thence Southerly and parallel with the West line of the East 39 acres a distance of 250.00 feet, thence Easterly and parallel with the Southerly right-of-way line a distance of 233.30 feet to a point on the West line of the East 39 acres, thence Northerly along said West line a distance of 250 feet to the point of beginning. PARCEL 2: That part of the North Half of the Southwest Quarter (N1/2 of SW1/4) of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the center of said Section 10, thence Southerly along the East line of the SW1/4 a distance of 848.3 feet to the intersection of the Southerly right-of-way line of Trunk Highway No. 36, thence Westerly along the said Southerly right-of-way line a distance of 1,196.20 feet, thence deflecting to the left 90 degrees and along the said right-of-way line a distance of 25 feet, thence deflecting to the right 90 degrees and along said right-of-way line a distance of 93.46 feet, to an iron, said point being the intersection of West line of the East 39 acres and the said Trunk Highway No. 36 Southerly right-of-way line, thence Westerly along said right-of-way line a distance of 233.30 feet, thence Southerly and parallel with the West line of the East 39 acres a distance of 250.00 feet to the point of beginning, thence continuing along the same line a distance of 189.15 feet to a point on the South line of said N1/2 of SW1/4 of Section 10, thence Easterly along the said South line a distance of 233.30 feet to a point on the West line of the said East 39 acres, thence Northerly Council Packet Page Number 102 of 126 Attachment 1 along said West line a distance of 188.86 feet, thence Westerly parallel with the said Southerly right-of-way a distance of 233.30 feet to the point of beginning. Tax Parcel Identification: 10-29-22-32-0027 Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The setback variance request does meet the required standards for a variance. 1.That the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; 2.That the proposed use is reasonable; and 3.That the variance will not alter the essential character of the locality; and 4.That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 5.That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 1.On September 17, 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 October 14, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Council Packet Page Number 103 of 126 Attachment 1 Section 5.City Council 5.01 The city council hereby _______ the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the approved site plan. The Director of Community Development may approve minor changes. 2.The approval permits a 15-foot variance to construct the parking lot up to the property line. The applicant cannot encroach into the right-of-way with the parking lot. 3.The city engineer and environmental staff shall review and approve the final landscape plan before issuing a grading permit. 4.All lights on the primary or accessory buildings must be cast downwards. 5.All lights within the parking lot must be downcast. 6.Applicant must submit for staff approval a photometric plan that meets all ordinance requirements. Council Packet Page Number 104 of 126 Attachment 2 Council Packet Page Number 105 of 126 Attachment 3 Tvckfdu!Qbsdfm Council Packet Page Number 106 of 126 Attachment 4 Tvckfdu!Qbsdfm! Council Packet Page Number 107 of 126 Attachment 5 Council Packet Page Number 108 of 126 Attachment 6 Council Packet Page Number 109 of 126 Attachment 6 Council Packet Page Number 110 of 126 Attachment 7 MEMORANDUM TO: Mayor, City Council, City Manager, Community Design Review Board, Building Official, Assistant City Engineer, Assistant Community Development Director, Applicant FROM: Elizabeth Hammond, Planner DATE: November 8, 2023 SUBJECT: Minor Construction Project Review – Larkin Dance Studio, 1400 Highway 36/Viking Drive East Introduction City staff has approved a minor construction project for Larkin Dance Studio located at 1400 Highway 36/Viking Drive East. The applicant intends to build a 19-space parking lot west of the site’s existing parking lot. Background City ordinance allows staff to approve minor exterior projects and renovations when the project cost does not exceed $200,000. The proposed site improvements would be under that amount. City ordinance allows the city council and CDRB 15 days to appeal a staff approval. Please get in touch with staff by November 22, 2023, to begin an appeal. If I receive an appeal, I will schedule this item for review by the community design review board. I can be reached by phone at 651-249-2302 or by email at Elizabeth.hammond@maplewoodmn.gov Conditions of Approval 1.Approval of design plans is valid for two years. This review shall be repeated if the applicant has not begun construction within two years. 2.All work shall follow the approved plans. The director of the community development department may approve minor changes. 3.The applicant must satisfy all Building Official and City Engineer requirements before construction can begin. This includes obtaining permits and supplying project plan documents as required. 4.The applicant shall obtain grading and parking lot permits from the Public Works Department. 5.The applicant shall enter into a stormwater maintenance agreement with the city for ongoing maintenance of the bio-retention basin. This agreement must be coordinated with the Assistant City Engineer. 6.The applicant shall submit a revised landscape plan showing the following: Council Packet Page Number 111 of 126 Attachment 7 a.Replacing the two 2-caliper inch Japanese Lilac trees with one of the following tree species: Autumn Brilliance serviceberry, purple prince crabapple, white-haw (hawthorn), blue beech, or redbud. b.A landscaped screened area along the south property line within the 15-foot setback south of the new paved/parking area. The planting screen shall consist of evergreen plantings. Trees shall be a minimum of 2½ inches in trunk diameter, two feet above grade. Shrubs may be combined with a berm and shall be a minimum of two feet in height. Trees and shrubs shall be placed so as to create an 80-percent-opaque screening at least six feet in height. 7.The applicant shall submit a trash enclosure plan to be approved by the community development department. Trash container enclosures shall be provided around all trash containers on site and shall be 100 percent opaque. They shall be protected by concrete- filled steel posts or the equivalent, anchored in the ground at the front corners of the structure. If the enclosure is masonry, the protective posts may be omitted. In all instances, the enclosure must be of a design, material, and color compatible with the building and be kept in good repair. A gate that provides 100 percent opaqueness shall be provided. 8.This project approval does not include the parking stalls identified in the required setback along the south property line to the west of the access drive and south of the new proposed parking lot area. There are stalls along the south property line that previously existed east of the access drive and are within the required setback. These stalls can remain, but additional parking stalls within the required setback to the west of the access drive are not permitted. The applicant indicated that the plans identify these parking stalls should the property owner decide to proceed with a variance application at a future time. If the applicant would like to pursue additional parking within the required setback, a variance application must be submitted to the city for review. Attachments 1.Overview Map 2.Stormwater Management Report 3.Project Plans Council Packet Page Number 112 of 126 Attachment 7 Council Packet Page Number 113 of 126 Attachment 7 Council Packet Page Number 114 of 126 Attachment 7 Council Packet Page Number 115 of 126 Attachment 8 DRAFT MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, September 17, 2024 City Hall, Council Chambers 1830 County Road B East E.PUBLIC HEARING 2.Setback Variance Resolution, Larkin Dance Studio, 1400 Highway 36 East Michael Martin, AICP, Assistant Community Development Director, gave the presentation and answered questions from the commission. Chairperson Desai opened the public hearing. The following individuals addressed the commission regarding the project: Lance Elliot, Elliot Design Build, Inc Molly Larkin, Larkin Dance Studio Michelle Larkin, Larkin Dance Studio Rita Kruchowski, 1410 Cope Avenue Chairperson Desai closed the public hearing. Commissioner Oszman moved to approve a resolution for a setback variance for Larkin Dance Studio’s expanded parking lot at 1400 Highway 36 East, adding conditions 4, 5, and 6 to section 5.01 of the resolution. SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Larkin Dance Studio has requested a 15-foot setback variance to allow for five parking stalls within the required 15-foot parking setback. 1.02 The property is located at 1400 Highway 36 and is legally described as: PARCEL 1: That part of the North Half of the Southwest Quarter (N1/2 of SW1/4) of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the center of said Section 10, thence Southerly along the East line of the SW1/4 a distance of 848.3 feet to the intersection of the Southerly right-of-way line of Trunk Highway No. 36; thence Westerly along the said Southerly right-of-way line a distance of 1,196.20 feet, thence deflecting to the left 90 degrees and along said right-of-way line a distance of 25 feet, thence Council Packet Page Number 116 of 126 Attachment 8 deflecting to the right 90 degrees and along said right-of-way line a distance of 93.46 feet to an iron, said point being the intersection of West line of the East 39 acres and the said Trunk Highway No. 36 Southerly right-of-way line and the point of beginning; thence Westerly along said right-of-way line a distance of 233.30 feet, thence Southerly and parallel with the West line of the East 39 acres a distance of 250.00 feet, thence Easterly and parallel with the Southerly right-of- way line a distance of 233.30 feet to a point on the West line of the East 39 acres, thence Northerly along said West line a distance of 250 feet to the point of beginning. PARCEL 2: That part of the North Half of the Southwest Quarter (N1/2 of SW1/4) of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the center of said Section 10, thence Southerly along the East line of the SW1/4 a distance of 848.3 feet to the intersection of the Southerly right-of-way line of Trunk Highway No. 36, thence Westerly along the said Southerly right-of-way line a distance of 1,196.20 feet, thence deflecting to the left 90 degrees and along the said right-of-way line a distance of 25 feet, thence deflecting to the right 90 degrees and along said right-of-way line a distance of 93.46 feet, to an iron, said point being the intersection of West line of the East 39 acres and the said Trunk Highway No. 36 Southerly right-of-way line, thence Westerly along said right-of-way line a distance of 233.30 feet, thence Southerly and parallel with the West line of the East 39 acres a distance of 250.00 feet to the point of beginning, thence continuing along the same line a distance of 189.15 feet to a point on the South line of said N1/2 of SW1/4 of Section 10, thence Easterly along the said South line a distance of 233.30 feet to a point on the West line of the said East 39 acres, thence Northerly along said West line a distance of 188.86 feet, thence Westerly parallel with the said Southerly right-of- way a distance of 233.30 feet to the point of beginning. Tax Parcel Identification: 10-29-22-32-0027 Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3)when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The setback variance request does meet the required standards for a variance. Council Packet Page Number 117 of 126 Attachment 8 1.That the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; 2.That the proposed use is reasonable; and 3.That the variance will not alter the essential character of the locality; and 4.That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 5.That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 1.On September 17, 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 October 14, 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 _______ the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the approved site plan. The Director of Community Development may approve minor changes. 2.The approval permits a 15-foot variance to construct the parking lot up to the property line. The applicant cannot encroach into the right-of-way with the parking lot. 3.The city engineer and environmental staff shall review and approve the final landscape plan before issuing a grading permit. 4.Require that all building lights on the main and accessory buildings that aim south towards Cope Avenue shall either be removed or replaced with downcast lights. 5.Require that all parking lot lights be downcast. Council Packet Page Number 118 of 126 Attachment 8 6.Submit a photometric plan that meets ordinance requirements. Seconded by Commissioner Ige Ayes – All The motion passed. 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