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HomeMy WebLinkAbout05-12-2014 City Council Meeting MinutesMay 12, 2014 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 12, 2014 Council Chambers, City Hall Meeting No. 09-14 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m. by Mayor Slawik. B. PLEDGE OF ALLEGIANCE Neil Gunderson from Boy Scout Troup 294 addressed the council to explain why he was attending the meeting; and then lead the council in the pledge of allegiance. C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Absent Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA N1 Ramsey County Peace Officers Memorial N2 Thank You N3 Planning Commission N4 Cable Commission N5 North St. Paul City Council N6 Transportation Related Items Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of April 28, 2014 City Council Workshop Minutes Councilmember Juenemann moved to approve the April 28, 2014 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. May 12, 2014 City Council Meeting Minutes 2 2. Approval of April 28, 2014 City Council Meeting Minutes Councilmember Cardinal moved to approve the April 28, 2014 City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS Police Chief Schnell thanked everyone that participated in the memorial service held for Sergeant Joe Bergeron on May 1st which marks the 4th anniversary of his death. He them informed everyone that this week is National Police W eek. The Minnesota Association of Women Police (MAWP) presented Maplewood Police Detective Alesia Metry with the Officer of the Year Award at their annual conference this year. Lieutenant Kerry Crotty along with law enforcement command staff from all over Minnesota graduated from the ten week Northwestern Staff and Command School. 1. Lieutenant Michael Shortreed Promotion - Police Department – No Report Police Chief Schnell gave the staff report; he then presented the badge to Commander Shortreed’s wife, Jill Shortreed, for pinning of the badge. 2. Life Saving Award – Police Department – No Report Police Chief Schnell gave the staff report; he then presented officers Clint Abel and Jason Marino with the Live Saving Award. 3. League of Women Voters 60 Year Anniversary – Presentation of Historical Booklet Florence Sprague from the League of Women Voters addressed the council to give the report and answered questions of the council. 4. Approval of Resolution Proclamation Recognizing National Public Works Week: May 18-24, 2014 Public Works Director Thompson gave the staff report, then read the Proclamation Recognizing May 18-24, 2014 as Public Works Week. Councilmember Juenemann moved to approve the Proclamation Recognizing National Public Works Week, May 18-24. Seconded by Councilmember Koppen Ayes – All The motion passed. G. CONSENT AGENDA Councilmember Juenemann requested agenda items G5, G6 and G10 be highlighted. May 12, 2014 City Council Meeting Minutes 3 Councilmember Juenemann moved to approve agenda items G1-G12. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 1,027,623.96 Checks #92405 thru # 92443 dated 04/29/14 $ 282,226.49 Disbursements via debits to checking account dated 04/21/14 thru04/25/14 $ 253,259.60 Checks #92444 thru # 92483 dated 04/30/14 thru 05/06/14 $ 295,023.60 Disbursements via debits to checking account dated 04/28/14 thru 05/02/14 $ 1,858,133.65 Total Accounts Payable PAYROLL $ 518,192.21 Payroll Checks and Direct Deposits dated 04/25/14 $ 1,276.15 Payroll Deduction check # 9989980 thru # 9989983 dated 04/25/14 $ 519,468.36 Total Payroll $ 2,377,602.01 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 3 with Jorgenson Construction, Police Department Expansion Project – Phase 3 Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 3, for the Police Department Expansion Project – Phase 3. Resolution 14-5-1059 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT May 12, 2014 City Council Meeting Minutes 4 POLICE DEPARTMENT EXPANSION PROJECT - PHASE 3, CHANGE ORDER NO. 3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 3, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 3, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 which is a decrease of $11,481.00. The revised contract amount is $2,230,550.00. Adopted by the Maplewood City Council on this 12th day of May 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval to Close Debt Service Fund Councilmember Juenemann moved to approve the Finance Director to make entries necessary to account for the transfer listed above and to move any remaining balance sheet accounts to the new funds. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval to Transfer Funds Regarding Tax Abatement Note Councilmember Juenemann moved to approve the transfer of funds and related budget adjustments from the Legacy Village Tax Abatement District Fund to the G.O. Tax Abatement Bond Fund in the amount of $709,000.00; and redirect the 2014 LGA funds expected to be received later this year from the debt service funds to the TH36 and English project. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of Spring Clean Up Summary Councilmember Juenemann gave the report. Councilmember Juenemann moved to approve the Spring Clean Up Summary. May 12, 2014 City Council Meeting Minutes 5 Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of a Resolution of Support to Host a Minnesota GreenCorp Member Assistant City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the Resolution of Support to Host a Minnesota GreenCorps Member for the project year 2014-2015. Resolution 14-5-1060 Resolution of Support to Host a Minnesota GreenCorps Member WHEREAS, the City of Maplewood has applied to host an AmeriCorps member from the Minnesota GreenCorps, a program of the Minnesota Pollution Control Agency (MPCA), for the 2014-2015 program year; and WHEREAS, if the MPCA selects the City of Maplewood, the organization is committed to implementing the proposed Energy Conservation Project to assist with the implementation of the City’s Green Building Code and other energy and sustainability goals as described in the host site application, and in accordance with pre-scoped position description; and WHEREAS, MPCA requires that the City of Maplewood enter into a host site agreement with MPCA that identifies the terms, conditions, roles and responsibilities. NOW, THEREFORE, BE IT RESOLVED THAT the City of Maplewood hereby agrees to enter into and sign a host site agreement with the MPCA to carry out the member activities specified therein and to comply with all of the terms, conditions, and matching provisions of the host site agreement. The Maplewood City Council authorizes and directs Shann Finwall, Environmental Planner, to sign the grant agreement on its behalf. Adopted this 12th day of May, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval of Payment to Ramsey-Washington Metro Watershed District (RWMWD) for Wicklanders Pond Dredging, City Project 13-12 Councilmember Juenemann moved to approve the final payment to Ramsey- Washington Metro Watershed District in the amount of $177,502.92 for Wicklanders Pond Dredging, City Project 13-12; and authorize the Finance Director to adjust the budget to $182,000 to allow final payment and closure of City Project 13-12. Seconded by Councilmember Koppen Ayes – All May 12, 2014 City Council Meeting Minutes 6 The motion passed. 8. Approval of Purchase for Testing Services, Arkwright-Sunrise Area Street Improvements, Project 12-09 Councilmember Juenemann moved to approve the City Engineer to enter into a contract for services with Braun Intertec Company for testing and quality control-services for the Arkwright-Sunrise Area Street Improvements, City Project 12-09. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of Traffic Control Signs, TH 36/English Street Interchange Improvements, City Project 09-08 Councilmember Juenemann moved to approve the local traffic control signs that were installed as part of the TH36/English Street Interchange Improvements, City Project 09- 08. Seconded by Councilmember Koppen Ayes – All The motion passed. 10. Approval of Mutual Aid Agreements with Ramsey County Law Enforcement Agencies Police Chief Schnell gave the staff report. Councilmember Juenemann moved to approve the updated Mutual Aid Agreements with Ramsey County Law Enforcement Agencies. Seconded by Councilmember Koppen Ayes – All The motion passed. 11. Approval to Proceed, Gladstone Improvements Phase 2, Project 14-01 Councilmember Juenemann moved to approve the Gladstone Improvements Phase 2, City Project 14-01 and utilize the services of Kimley-Horn and Associates, Inc. as the project engineer; and authorize the finance director to make the necessary entries and establish City Project 14-01. Seconded by Councilmember Koppen Ayes – All The motion passed. 12. Approval to Proceed, County Road B Trail and Safety Improvements, City Project 14-02 Councilmember Juenemann moved to approve the County Road B Trail and Safety May 12, 2014 City Council Meeting Minutes 7 Improvements, City Project 14-02 to proceed and utilize the services of Bolton and Menk, Inc. as the project engineer; and authorize the Finance Director to make the necessary transfers and establish City Project 14-02 t be finance by CIP Funds and PAC Funds once the funds are identified. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Approval of a Resolution to Create and Administer a Tax Increment Finance District for the Villages at Frost and English Project Assistant City Manager Coleman gave the staff report. Andy Huse from Sherman and Associates addressed the council to give additional information. Councilmember Juenemann moved to approve the Resolution Expressing Intent to Create and Administer a Tax Increment Finance District for Development of a Senior Living Project; and the Resolution Expressing Intent to Create and Administer a Tax Increment Finance District for Development of a Multi-Family Low to Moderate Income Housing Project. Resolution 14-5-1061 Resolution Expressing Intent to Create and Administer a Tax Increment Finance District for Development of a Senior Living Project WHEREAS: A. It has been proposed that the City of Maplewood, Minnesota (the "City") redevelop an area in the City known as the “Maplewood Bowl” site (the “Maplewood Bowl Site”). The City has received a proposal from Sherman Associates, Inc. (the “Developer”) that a portion of the Maplewood Bowl Site be developed for a project containing approximately 65 affordable senior living rental units (the “Senior Living Project”) which would revitalize the Maplewood Bowl Site and would meet the community needs for affordable senior housing within the area; and B. A need has been identified for additional affordable housing within the City; and an opportunity for an adaptive re-use redevelopment of the Maplewood Bowl Site; and C. The Developer has been working on redevelopment plans for the re-use May 12, 2014 City Council Meeting Minutes 8 of the Maplewood Bowl Site, and has asked the City to undertake the development of a tax increment financing plan to assist in financing the rehabilitation and development of the Senior Living Project; and D. It is anticipated that successful redevelopment of the Maplewood Bowl Site and the development of the Senior Living Project will require assistance in the form of tax increment financing in order to achieve financial feasibility; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood that (i) subject to the City Council holding a public hearing; (ii) determining that tax increment financing assistance is necessary for the Senior Living Project; and (iii) verification of development financing need that substantiates that “but for” the use of tax increment financing the Senior Living Project would be unable to proceed, the City intends to create and administer a tax increment financing district limited in terms sufficient to minimally meet financial requirements of the development in compliance with Minnesota Statutes, Section 469.174 through 469.1794, as amended. Resolution 14-5-1062 Resolution Expressing Intent to Create and administer a Tax Increment Finance District for Development of a Multi-Family Low to Moderate Income Housing Project WHEREAS: A. It has been proposed that the City of Maplewood, Minnesota (the "City") redevelop an area in the City known as the “Maplewood Bowl” site (the “Maplewood Bowl Site”). The City has received a proposal from Sherman Associates, Inc. (the “Developer”) that a portion of the Maplewood Bowl Site be developed for a project containing approximately 50 multi-family low to moderate income rental housing units (the “Multi-Family Project”) which would revitalize the Maplewood Bowl Site and would meet the community needs for affordable multi-family housing within the area; and B. A need has been identified for additional affordable housing within the City; and an opportunity for an adaptive re-use redevelopment of the Maplewood Bowl Site; and C. The Developer has been working on redevelopment plans for the re-use of the Maplewood Bowl Site, and has asked the City to undertake the development of a tax increment financing plan to assist in financing the rehabilitation and development of the Multi-Family Project; and D. It is anticipated that successful redevelopment of the Maplewood Bowl Site and the development of the Multi-Family Project will require assistance in the form of tax increment financing in order to achieve financial feasibility; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood that (i) subject to the City Council holding a public hearing; (ii) determining that tax increment financing assistance is necessary for the Multi-Family Project; and (iii) verification of development financing need that substantiates that “but for” the use of tax increment financing the Multi-Family Project would be unable to proceed, the City intends to create and administer a tax increment financing district limited in terms May 12, 2014 City Council Meeting Minutes 9 sufficient to minimally meet financial requirements of the development in compliance with Minnesota Statutes, Section 469.174 through 469.1794, as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of an Off-Sale Intoxicating Liquor License for White Bear Liquor, 2223 White Bear Avenue Deputy Clerk Schmidt gave the staff report. Bereket Tsegi Medhania, applicant for White Bear Liquor addressed the council to give additional information and answer questions. Councilmember Cardinal moved to approve an Off-Sale Intoxicating Liquor License for White Bear Liquor, 2223 White Bear Avenue. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Acceptance of Comprehensive Annual Financial Report – 2013 Councilmember Cardinal moved to approve the City’s Comprehensive Annual Financial Report. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of a Side Yard Setback Variance Resolution for the Construction of a New Garage, 798 McKnight Road North Senior Planner Ekstrand gave the staff report. Councilmember Juenemann moved to approve the Resolution approving a side yard setback variance; approval is based on the following reasons: A. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the side yard setback requirement stipulated by the ordinance would prohibit the building of a new garage because of the existing locations of the driveway and house. B. Approval of the requested side yard setback variance would benefit the adjacent properties because the site will be improved. C. Approval would meet the spirit and intent of the ordinance since the proposed garage would be built in an area that is already maintained as a garage. and; approval of the side yard setback variance is based on the findings required by ordinance and subject to the following conditions: May 12, 2014 City Council Meeting Minutes 10 A. Shall comply with all zoning and building code regulations regarding the building of garages. B. Must replace tree that was removed to build new garage. Resolution 14-5-1063 Site Yard Setback Variance Resolution WHEREAS, Stephen Mosner applied for a variance from the shoreland protection ordinance. WHEREAS, this variance applies to property located at 2843 Meadowlark Lane North. The property identification number for this property is: 25-29-22-33-0056 WHEREAS, Ordinance Section 44-108 of the R-1 Residence District, requires a setback of 5 feet from the side yard property line for garages and accessory buildings. WHEREAS, the applicant is proposing a setback of 3 feet, requiring a variance of 2 feet, from the side yard property line. WHEREAS, the history of this variance is as follows: 1. On May 6, 2014, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve the variance request. 3. The city council held a public meeting on May 12, 2014, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described variance based on the following reasons: A. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the side yard setback requirement stipulated by the ordinance would prohibit the building of a new garage because of the existing locations of the driveway and house. B. Approval of the requested side yard setback variance would benefit the adjacent properties because the site will be improved. C. Approval would meet the spirit and intent of the ordinance since the proposed garage would be built in an area that is already maintained as a garage. Conditions of Approval: May 12, 2014 City Council Meeting Minutes 11 Approval of the side yard setback variance is based on the findings required by ordinance and subject to the following conditions: A. Shall comply with all zoning and building code regulations regarding the building of garages. B. Must replace tree that was removed to build new garage. The Maplewood City Council approved this resolution on May 12, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of Resolution Defining Precinct 12 Polling Location Deputy Clerk Schmidt answered questions of the council. Councilmember Koppen moved to approve the Resolution Defining Precinct 12 Polling Location. Resolution 14-5-1064 P-12 Polling Location Change WHEREAS, Beaver Lake School will be under construction and will not be available as a polling location; WHEREAS, Beaver Lake Lutheran Church has agreed to allow us to use the church as a polling location. NOW, THEREFORE, BE IT RESOLVED that the City Council of Maplewood, Minnesota, does hereby approve Beaver Lake Lutheran Church as a Polling Location for Precinct 12 with no changes to the boundary lines. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Approval of a Shoreland Setback Variance Resolution for the Construction of a Home Addition, 2843 Meadowlark Lane Senior Planner Ekstrand gave the staff report. David Gabel, property owner, addressed the council to give additional information and answer questions. Councilmember Cardinal moved to approve the resolution approving a shoreland setback variance from Kohlman Lake – a Class 4 Public Water. Approval is based on the following reasons: A. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the shoreland setback requirement stipulated by the May 12, 2014 City Council Meeting Minutes 12 ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. B. Approval of the requested shoreland setback variance would benefit the adjacent lake because the site will have its impervious surface area reduced. C. Approval would meet the spirit and intent of the ordinance since the proposed addition would be built in an area that is already maintained as lawn, which is also allowed by ordinance. D. The Minnesota Department of Natural Resources has reviewed the applicant’s plans and does not require a permit or have any state statutes that prevent the addition from being built. and approval of the shoreland setback variance shall be subject to complying with all of the conditions of approval in Shann Finwall and Virginia Gaynor’s Environmental Review. Resolution 14-5-1065 Shoreland Setback Variance Resolution WHEREAS, David and Kathleen Gabel applied for a variance from the shoreland protection ordinance. WHEREAS, this variance applies to property located at 2843 Meadowlark Lane North. The property identification number for this property is: 04-29-22-31-0005 WHEREAS, Ordinance Section 44-1242 of the Shoreland Overlay District, requires a setback of 75 feet in width adjacent to a Class 4 Public Water. WHEREAS, the applicant is proposing a setback of 45 feet, requiring a variance of 30 feet, from the Class 4 Public Water. WHEREAS, the history of this variance is as follows: 1. On May 6, 2014, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve the variance request. 3. The city council held a public meeting on May 12, 2014, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described variances based on the following reasons: May 12, 2014 City Council Meeting Minutes 13 A. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the shoreland setback requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. B. Approval of the requested shoreland setback variance would benefit the adjacent lake because the site will have its impervious surface area reduced. C. Approval would meet the spirit and intent of the ordinance since the proposed addition would be built in an area that is already maintained as lawn, which is also allowed by ordinance. D. The Minnesota Department of Natural Resources has reviewed the applicant’s plans and does not require a permit or have any state statutes that prevent the addition from being built. Conditions of Approval: Approval of the shoreland setback variance shall be subject to complying with all of the conditions of approval in Shann Finwall and Virginia Gaynor’s Environmental Review. The Maplewood City Council approved this resolution on May 12, 2014. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Approval of a Conditional Use Permit Resolution and Design Plans for a Building Addition to Beaver Lake Elementary School, 1060 Sterling Street Senior Planner Ekstrand gave the staff report. Mike Boland, ISD622 Operations & Maintenance Supervisor address the council to give additional information and answer questions. Councilmember Juenemann moved to approve the conditional use permit resolution approving the plans for the addition to Beaver Lake Elementary, located at 1060 Sterling Street North. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped April 15, 2014. Staff may approve minor changes. 2. The proposed construction shall be substantially started within one year of council approval or this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall plant four trees to replace the four that are to be removed. Replacement trees shall be at least two inches in caliper if they are deciduous or at least six feet tall if they are evergreens. The applicant shall work with staff on this landscaping plan. May 12, 2014 City Council Meeting Minutes 14 5. The applicant shall repair the pot holes in the parking lots and driveway from Stillwater Road. The graveled area on the north side of the building shall be paved within one year. 6. The applicant shall work with staff on the construction of a trash enclosure for the north side of the building to contain the two trash dumpsters. The trash enclosure shall be a material compatible with the building and have closeable gates. The trash enclosure shall be completed along with the construction of the proposed addition. 7. The applicant shall comply with all requirements of the city’s engineering department report dated April 15, 2014. Resolution 14-5-1066 Conditional Use Permit WHEREAS, Independent School District 622, has applied for a conditional use permit to construct a building addition to the Beaver Lake Elementary School. WHEREAS, Section 44-1092 (3) requires a CUP for any educational institution. WHEREAS, this permit applies to the property located at 1060 Sterling Street North. The legal description of this property is: This property lies within the NE ¼ of Section 25, Township 29, Range 22, Ramsey County, Minnesota. PID #252922130064 WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On May 12, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. May 12, 2014 City Council Meeting Minutes 15 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date- stamped April 15, 2014. Staff may approve minor changes. 2. The proposed construction shall be substantially started within one year of council approval or this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall plant four trees to replace the four that are to be removed. Replacement trees shall be at least two inches in caliper if they are deciduous or at least six feet tall if they are evergreens. The applicant shall work with staff on this landscaping plan. 5. The applicant shall repair the pot holes in the parking lots and driveway from Stillwater Road. The graveled area on the north side of the building shall be paved within one year. 6. The applicant shall work with staff on the construction of a trash enclosure for the north side of the building to contain the two trash dumpsters. The trash enclosure shall be a material compatible with the building and have closeable gates. The trash enclosure shall be completed along with the construction of the proposed addition. 7. The applicant shall comply with all requirements of the city’s engineering department report dated April 15, 2014. The Maplewood City Council approved this resolution on May 12, 2014. May 12, 2014 City Council Meeting Minutes 16 Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of a Conditional Use Permit Resolution to Reduce the Parking Lot Setback for the Hobby Lobby Dock Addition at the Plaza 3000 Shopping Center, 3000 White Bear Avenue City Planner Ekstrand gave the staff report and answered questions of the council. Tom Schuette of Azure Properties addressed the council to give additional information and answer questions. Councilmember Cardinal moved to approve the conditional use permit resolution approving the plans for the widening of the Plaza 3000 Shopping Center parking lot on the south side of the building. This approval allows a parking lot setback reduction from 11.5 feet to six feet 10 inches. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped March 27, 2014. Staff may approve minor changes. 2. The proposed parking lot widening shall be substantially started within one year of council approval of this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall replace the six trees that would be removed due to this parking lot widening. They shall plant shrub varieties that grow tall enough to provide some screening, but not massive enough to have a substantial root spread that would interfere with nearby buried cables in the street boulevard. The property owner shall plant six planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be removed. The planting plan shall be subject to staff approval. Resolution 14-5-1067 Conditional Use Permit WHEREAS, Azure Properties has applied for a conditional use permit to reduce their parking lot setback on the south side of the building from the Lydia Avenue right-of- way. WHEREAS, Section 44-12 (e) of the city ordinances requires a conditional use permit to enlarge, reconstruct or structurally alter a non-confirming use. WHEREAS, this permit applies to the property located at 3000 White Bear Avenue. The legal description of this property is: May 12, 2014 City Council Meeting Minutes 17 That part of the South ½ of the Northeast ¼ of the Northwest ¼, lying southerly of the north line of Woodlynn Avenue, subject to Woodlynn Avenue, and lying easterly of White Bear Avenue as now located by Final Certificate recorded as Document Number 1813704, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota. And The west 329.31 feet of the Northwest ¼ of the Northeast ¼ Section 2, Township 29 North, Range 22 West, except the north 1321.33 feet, thereof, City of Maplewood, Ramsey County, Minnesota. And Part of the south 640.00 feet of the north 1321.33 feet of the west 329.31 feet of the Northwest ¼, of the Northeast ¼, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On May 12, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. May 12, 2014 City Council Meeting Minutes 18 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date- stamped March 27, 2014. Staff may approve minor changes. 2. The proposed parking lot widening shall be substantially started within one year of council approval of this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall replace the six trees that would be removed due to this parking lot widening. They shall plant shrub varieties that grow tall enough to provide some screening, but not massive enough to have a substantial root spread that would interfere with nearby buried cables in the street boulevard. The property owner shall plant six planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be removed. The shrubs shall be at least three feet tall upon planting. The planting plan shall be subject to staff approval. The Maplewood City Council approved this resolution on May 12, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of a Conditional Use Permit Revision Resolution and Design Plans for Verizon Wireless Ground Equipment at Hillwood Drive and Sterling Street City Planner Ekstrand gave the staff report. Steven Wegland of Verizon Wireless addressed the council to give additional information and answer questions. Councilmember Cardinal moved to: A. Adopt the conditional use permit revision resolution approving the expansion of the cell phone and public safety communications facility at the St. Paul Regional Water Services water tower site at the corner of Hillwood Drive and Sterling Street. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined): May 12, 2014 City Council Meeting Minutes 19 1. All construction shall follow the site plan approved by the city date-stamped February 18, 2014. The director of community development may approve minor changes. 2. The proposed construction of the new antenna facility 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. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city may require the owner to remove it. 5. Ramsey County shall be responsible for costs and implementation of any corrections or changes necessary because of interference or other problems caused by this facility. The county shall make any such corrections or changes in a timely manner. Ramsey County shall be responsible only for their communications equipment. 6. Verizon shall be responsible for costs and implementation of any corrections or changes necessary because of interference or other problems caused by their communications equipment. 7. The applicant shall comply with the conditions noted in the engineering report by Steve Love dated February 13, 2014. 8. The applicant shall provide written approval of this project by the St. Paul Regional Water Services since the proposal is on their site. B. Approve the plans date-stamped February 18, 2014 for the proposed equipment building for Verizon Wireless to locate on the water tower site at the corner of Hillwood Drive and Sterling Street. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall obtain a conditional use permit from the city council for the proposed expanded use of the site with an additional building and equipment by Verizon Wireless. 3. The applicant shall revise the landscape plan to show the planting locations of the trees to be staggered into two rows, instead of a single row. The applicant shall also work with staff on increasing the number of trees to the landscape plan to bolster the screening provided. The minimum height of these trees shall be six feet tall. The applicant shall make sure to maintain these trees and keep them watered. 4. If the building project results in a need for a retaining wall at the base of the proposed pre-fabricated building due to grades, the applicant shall provide a May 12, 2014 City Council Meeting Minutes 20 detail of this wall for staff approval. 5. The proposed structure shall match the pattern and color of the existing structure. 6. The applicant shall comply with the conditions noted in the engineering report by Steve Love dated February 13, 2014. 7. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. Resolution 14-5-1068 Conditional Use Permit Revision WHEREAS, Verizon Wireless has applied for a conditional use permit revision be allowed to expand the wireless communications facility which is in place at the St. Paul Regional Water Services water tower site. WHEREAS, Section 44-1327 of the city ordinances requires a conditional use permit for communications towers, including their support equipment, in residential zoning districts. WHEREAS, this permit applies to the property located at the southwest corner of Hillwood Drive and Sterling Street. The legal description of this property is: Outlot B, Beth Heights First Addition, according to the recorded plat in Section 12, Township 28, Range 22 in Ramsey County, Minnesota. (PIN 12-28-22-43-0012) WHEREAS, the history of this conditional use permit is as follows: 1. On March 18, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On May 12, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. May 12, 2014 City Council Meeting Minutes 21 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date- stamped February 18, 2014. The director of community development may approve minor changes. 2. The proposed construction of the new antenna facility 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. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city may require the owner to remove it. 5. Ramsey County shall be responsible for costs and implementation of any corrections or changes necessary because of interference or other problems caused by this facility. The county shall make any such corrections or changes in a timely manner. Ramsey County shall be responsible only for their communications equipment. 6. Verizon shall be responsible for costs and implementation of any corrections or changes necessary because of interference or other problems caused by their communications equipment. 7. The applicant shall comply with the conditions noted in the engineering report by Steve Love dated February 13, 2014. May 12, 2014 City Council Meeting Minutes 22 8. The applicant shall provide written approval of this project by the St. Paul Regional Water Services since the proposal is on their site. The Maplewood City Council approved this resolution on May 12, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 10. Call Special Meeting to Consider Options to Fill City Manager Position Councilmember Cardinal moved to call for a special meeting of the City Council for Tuesday, May 20th at 5:00 p.m. to be held in the City Council chambers for the purpose of considering options and a schedule to fill the City Manager position. Seconded by Councilmember Juenemann Ayes – All The motion passed. K. AWARD OF BIDS None L. VISITOR PRESENTATION 1. Christine Wrobel 2. John Wykoff 3. Bob Zick M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update City Manager Ahl gave the update providing the council with upcoming meetings and events. N. COUNCIL PRESENTATIONS 1. Ramsey County Peace Officer Memorial Councilmember Juenemann reported on the memorial services for fallen police officers. 2. Thank You Councilmember Juenemann thanked City Manager Ahl for everything he has done for the city and wished him well in his retirement. 3. Planning Commission Councilmember Cardinal gave an update on the last Planning Commission Meeting. May 12, 2014 City Council Meeting Minutes 23 4. Cable Commission Councilmember Cardinal reported that a Subcommittee of the Cable Commission will be reviewing the Cable Commission’s By-Laws to make update recommendations. 5. North St. Paul City Council Councilmember Cardinal reported on the article about the City of North St. Paul that was in the Star Tribune newspaper on Thursday, May 8, 2014, discussing prayer at public meetings. 6. Transportation Related Items Mayor Slawik reported on the Rush Line, Gateway and TAB transportation projects. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 8:56 p.m.