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HomeMy WebLinkAbout2016 09-12 City Council Meeting Minutes September 12, 2016 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 12, 2016 City Hall, Council Chambers Meeting No. 17-16 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m. by Mayor Slawik. Mayor Slawik reported on the some of the changes that are taking place between the YMCA and the Maplewood Community Center. Community meetings will be taking place so citizens and members from surrounding communities are informed and have an opportunity to ask questions of staff. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA The following items were added to Appointments and Presentations under Council Presentations: No Idling Policy September 11th Remembrance Heritage Preservation Commission Announcement Domestic Violence Article Rush Line Update Councilmember Xiong moved to approve the agenda as amended. Seconded by Councilmember Abrams Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of August 22, 2016 City Council Workshop Minutes Councilmember Abrams moved to approve the August 22, 2016 City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All September 12, 2016 2 City Council Meeting Minutes The motion passed. 2. Approval of August 22, 2016 City Council Meeting Minutes Councilmember Abrams noted a correction to the Consent Agenda – change serviced to services in the first paragraph. Councilmember Juenemann noted a correction to F3, change names to named. Councilmember Abrams moved to approve the August 22, 2016 City Council Meeting Minutes as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval of August 29, 2016 City Council Workshop Minutes Councilmember Abrams moved to approve the August 29, 2016 City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar. 2. Council Presentations No Idling Policy Councilmember Juenemann reported on the No Idling Policy the City of Maplewood has through the Green Team and encouraged citizens to adopt the same standards. September 11th Remembrance Councilmember Juenemann reported on the 15th anniversary of 9-11 and requested the council observe a moment of silence in remembrance of September 11th. Heritage Preservation Commission Announcement Councilmember Xiong reported on the Heritage Preservation Commission meeting he attended the previous week. September 12, 2016 3 City Council Meeting Minutes Domestic Violence Article Mayor Slawik reported on the article that was published in the St. Paul Pioneer Press on Sunday, September 11, 2016 about Domestic Violence and encouraged everyone to read the article. It describes the program that the city is participating in with the Ramsey County Attorney’s office. Rush Line Update Mayor Slawik reported that the Rush Line Corridor Task Force met last week and encouraged everyone to attend an upcoming meeting. G. CONSENT AGENDA Councilmember Abrams moved to approve agenda items G1-G3. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Abrams moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 342,298.04 Checks #97818 thru #97865 dated 08/16/16 thru 08/23/16 $ 506,587.73 Disbursements via debits to checking account dated 08/15/16 thru 08/19/16 $ 325,461.11 Checks #97866 thru #97892 dated 08/30/16 $ 225,728.95 Disbursements via debits to checking account dated 08/22/16 thru 08/26/16 $ 297,487.20 Checks #97893 thru # 97930 dated 09/06/16 $ 549,189.69 Disbursements via debits to checking account dated 08/29/16 thru 9/02/16 $ 2,246,752.72 Total Accounts Payable PAYROLL $ 541,544.84 Payroll Checks and Direct Deposits dated 08/26/16 $ 1,869.03 Payroll Deduction check # 99102304 thru # 99102307dated 08/26/16 September 12, 2016 4 City Council Meeting Minutes $ 543,413.87 Total Payroll $ 2,790,166.59 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of a Noise Control Waiver Request for Hill Murray School, 2625 Larpenteur Avenue East Councilmember Abrams moved to approve the Noise Control Waiver Request for Hill Murray School on their property, 2625 Larpenteur Ave E on Friday, September 16th from 4:00pm to 11:00pm. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Notice of a Special Meeting, October 17, 2016 Councilmember Abrams moved to approve the notice of a Special Meeting of the city council to be held on October 17, 2016 at 5:30 p.m. in council chambers located at 1830 County Road B East. Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARINGS 1. Consider Approval of a First Reading of an Ordinance Amending Chapter 14, Article XIII Regulating Personal Services and the Addition of an Ordinance Massage Centers Under Chapter 14, Article XX Regulating Massage Centers Citizen Services Director/City Clerk Haag gave a brief overview of the staff report. Business Licensing Specialist Beggs gave the staff report and answered questions of the council. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Smith moved to approve the first reading of the proposed amendments to Chapter 14, Article XIII Regulating Personal Services and the addition of Chapter 14, Article XX Regulating Massage Centers. Seconded by Councilmember Juenemann Ayes – All The motion passed. September 12, 2016 5 City Council Meeting Minutes I. UNFINISHED BUSINESS 1. Consider Approval to Authorize the City to Enter into an Agreement with the Saint Paul Area Chamber of Commerce for Business Engagement Services Economic Development Coordinator Martin gave the staff report and answered questions of the council. Jonathan Weinhagen, Vice President of the St. Paul Area Chamber of Commerce addressed the council to give additional information and answer questions of the council. Councilmember Juenemann moved to approve the Environmental and Economic Development Director to enter into a formal agreement with the Saint Paul Area Chamber of Commerce to provide business engagement services. Seconded by Councilmember Abrams Ayes – All The motion passed. J. NEW BUSINESS 1. Consider Approval of Proposed 2017 Tax Levy and Set Public Hearing Date City Manager Coleman introduced the staff report. Finance Director Paulseth gave the staff report and answered questions of the council. City Manager Coleman gave additional information on the proposed tax levy and answered questions of the council. Councilmember Juenemann moved to approve the resolution setting the maximum City tax levy for payable 2017, in the amount of $20,738,833 and set the date for the public hearing on the 2017 levy and budget for Monday, December 12, 2016 at 7:00 pm at the regular City Council Meeting. Resolution 16-09-1376 Resolution Providing Approval of the 2017 Proposed Tax Levy and Setting Budget Public Hearing Date WHEREAS, State law requires that the City Council adopt a proposed tax levy for taxes payable in 2017 by September 30, 2016; and WHEREAS, the City Council has reviewed the Proposed 2017 Budget and has determined the amount of the proposed tax levy payable in 2017, which is the maximum amount that will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT: 1. The proposed tax levy for taxes payable in 2017, in the amount of $20,738,833 is hereby adopted and shall be certified to the Ramsey County Auditor. 2. The date for the public hearing and consideration of the final 2017 levy and September 12, 2016 6 City Council Meeting Minutes budget shall be Monday, December 12, 2016 at 7:00 pm in the Maplewood City Council Chambers. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Meeting of the Economic Development Authority (EDA) - The City Council Serves as the EDA Councilmember Abrams moved to suspend the City Council Meeting in order to convene the EDA Meeting. Seconded by Councilmember Smith Ayes – All The motion passed. Mayor Slawik suspended the City Council Meeting at 8:53 p.m. Mayor Slawik reconvened the City Council Meeting at 8:59 p.m. 3. Consider Approval of a Conditional Use Permit Resolution and Design Review for a Proposed Indoor Storage Building, Northeast Corner of English Street North and Cope Avenue East Economic Development Coordinator Martin gave the staff report and answered questions of the council. Ben Hagedorn, Self-Storage Operations Manager with NorthPoint Development addressed the council to give additional information and answer questions of the council. Councilmember Xiong moved to approve the resolution for a conditional use permit for an indoor storage building to be located at the northeast corner of English Street North and Cope Avenue East. This CUP allows the building to be constructed closer than 350 feet to a residential district. Approval is based on the findings required by ordinance and subject to the following conditions: 1. Adherence to the submitted plans dated August 5, 2016. Staff may approve minor changes. 2. The landscape plan shall be revised for staff’s approval showing: 3. Size, species, and location of all significant trees on the property; location of trees protected and measures for protection. 4. Outdoor storage and sales are not allowed anywhere on site. 5. Any rooftop equipment installed on the building must be screened from the residential properties to the south. 6. If parking shortages develop, applicant will be required to install additional parking spaces. September 12, 2016 7 City Council Meeting Minutes 7. 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. 8. The city council shall review this permit in one year. Resolution 16-09-1377 Conditional Use Permit Resolution WHEREAS, JJ Jenkins of NorthPoint Development, applied for a conditional use permit to build a new indoor storage building that is within 350 feet of residential property. WHEREAS, this permit applies to the vacant property at the northeast corner of English Street North and Cope Avenue East. The legal descriptions for the property are: Parcel A: All that part of the W est 398 feet of the South Half of the Northwest Quarter of the Southwest Quarter in Section 10, Township 29, Range 22, City of Maplewood, County of Ramsey, State of Minnesota, lying Southerly and Westerly of the following described dividing line: Commencing at the Southwest comer of the South Half of the Northwest Quarter of the South West Quarter, thence South 89 degrees 51 minutes 56 seconds East 342.00 feet, along the South line of said South Half of the Northwest Quarter of the Southwest Quarter of the point of beginning of the following described dividing line; thence North 91.66 feet along a line parallel to and 342.00 feet East of the West line of said South Half of the Northwest Quarter of the Southwest Quarter; thence North 45 degrees 00 minutes 00 seconds East 29,70 feet; thence North 64,71 feet along a line parallel to and 363,00 feet East of said West line; thence South 89 degrees 56 minutes 00 seconds West 128.50 feet along a line parallel with the South right-of-way line of Trunk Highway No. 36: thence North 125.00 feet along a line parallel 10 and 234.50 feet East from the said West line: thence South 89 degrees 56 minutes 00 seconds West parallel to said South right-of-way line of Trunk Highway No. 36 to the West line of the Northwest Quarter of the Southwest Quarter. Parcel B: All that part of the West 398 feet of the South Half of the Northwest Quarter of the Southwest Quarter in Section 10, Township 29, Range 22, City of Maplewood, County of Ramsey, State of Minnesota, lying Northerly and Easterly of the following described dividing line: Commencing at the Southwest corner of the South Hail of the Northwest Quarter of the South West Quarter; thence South 89 degrees 51 minutes 56 seconds East 342.00 feet, along the South line of said South Half of the Northwest Quarter of the Southwest Quarter of the point of beginning of the following described dividing line; thence North 91.86 feet along a line parallel to and 342,00 feet East of the West line of said South Half of the Northwest Quarter of the Southwest Quarter; thence North 45 degrees 00 minutes 00 seconds East 29,70fee1; thence North 64,71 feet along a line parallel September 12, 2016 8 City Council Meeting Minutes to and 363.00 feet East of said West line; thence South 89 degrees 56 minutes 00 seconds West 128.50 feet along a line parallel with the South right-of-way line of Trunk Highway No. 36; thence North 125.00 feet along a line parallel to and 234.50 feet East from the said West line: thence South 89 degrees 56 minutes 00 seconds West parallel to said South right-of-way line of Trunk Highway No. 36 to the West line of the Northwest Quarter of the Southwest Quarter. Subject to public right-of-way for Cope Avenue and English Street. WHEREAS, the history of this conditional use permit revision is as follows: 1. The planning commission held a public hearing on August 16, 2016. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this conditional use permit revision. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: September 12, 2016 9 City Council Meeting Minutes 1. Adherence to the submitted plans dated August 5, 2016. Staff may approve minor changes. 2. The landscape plan shall be revised for staff’s approval showing: a. Size, species, and location of all significant trees on the property; location of trees protected and measures for protection. 3. Outdoor storage and sales are not allowed anywhere on site. 4. Any rooftop equipment installed on the building must be screened from the residential properties to the south. 5. If parking shortages develop, applicant will be required to install additional parking spaces. 6. 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. 7. The city council shall review this permit in one year. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Xiong moved to approve the plans date-stamped August 5, 2016, for the indoor storage building to be located at the northeast corner of English Street North and Cope Avenue East. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: a. A revised landscaping plan showing the size, species, and location of all significant trees on the property; location of trees protected and measures for protection. The addition of four tree species to the north elevation to be approved by staff. b. Revised building plans showing additional design elements added to the west and north elevations. The applicant shall add brick to the northwest part of the building. c. A revised photometric plan which meets all city lighting requirements. d. An irrevocable letter of credit or cash escrow for all required landscaping. The amount shall be 150 percent of the cost of the work. The city shall hold this escrow until it has been shown that the landscaping has survived one full growing season. September 12, 2016 10 City Council Meeting Minutes 3. Signage on the property is not part of the design review approval. The applicant shall apply for sign permits to be reviewed by staff. 4. Comply with all requirements of the engineering report dated August 8, 2016. 5. All work shall follow the approved plans and these conditions. Staff may approve minor changes. 6. The applicant shall present the design of the dumpster enclosure for staff approval and the dumpster shall be constructed of materials and colors to match the indoor storage building. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Consider Approval of a Conditional Use Permit Resolution for a Nonconforming Use, 1136 Frost Avenue East Economic Development Coordinator Martin gave the staff report and answered questions of the council. Brian Ness of Nessco, LLC addressed the council to give additional information and answer questions of the council. Mayor Slawik moved to approve the resolution for a conditional use permit for Brian Ness, of Nessco LLC, at 1136 Frost Avenue East. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All parking areas must be a hard surface and the applicant is required to meet the city’s minimum parking requirements. 2. No exterior site or building exterior changes, except signage, shall take place unless approved by the city. Signs shall follow the city’s sign ordinance. Signs shall not be installed unless the applicant first obtains sign permits. 3. Any and all trash receptacles shall be contained within an enclosed structure. Any design of a new structure shall be subject to the city’s design review process. 4. 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. 5. The city council shall review this permit in one year. 6. The applicant shall submit to staff for approval, a plan for providing screening on the northeast corner of the site – between the access drive and the retaining wall. The screening must be at least six feet in height and can be done with either landscaping or a wood or vinyl fence. 7. Storage containers must be placed to the east of the building behind the existing retaining wall. Storage containers are not permitted to be placed anywhere else on September 12, 2016 11 City Council Meeting Minutes the site. All parts and materials must be kept within the storage containers at all times. 8. This site is limited to three storage containers; each no more than 20 feet in length. 9. The applicant shall comply with all requirements of the building official, fire marshal and city engineer. Resolution 16-09-1378 Conditional Use Permit WHEREAS, Brian Ness, of Nessco LLC, applied for a conditional use permit to replace a portion of a nonconforming use with another nonconforming use. WHEREAS, Section 44-12(2) of the city ordinances requires a conditional use permit for the substitution of one nonc onforming use for another nonconforming use. WHEREAS, this permit applies to the property located at 1136 Frost Avenue North. The property identification numbers for this property are: 16.29.22.42.0003 and 16.29.22.42.0004 WHEREAS, the history of this conditional use permit is as follows: 1. On August 16, 2016, 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 report and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On September 12, 2016, 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 this Code. 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. September 12, 2016 12 City Council Meeting Minutes 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. All parking areas must be a hard surface and the applicant is required to meet the city minimum parking requirements. 2. No exterior site or building exterior changes, except signage, shall take place unless approved by the city. Signs shall follow the city’s sign ordinance. Signs shall not be installed unless the applicant first obtains sign permits. 3. Any and all trash receptacles shall be contained within an enclosed structure. Any design of a new structure shall be subject to the city’s design review process. 4. 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. 5. The city council shall review this permit in one year. 6. The applicant shall submit to staff for approval, a plan for providing screening on the northeast corner of the site – between the access drive and the retaining wall. The screening must be at least six feet in height and can be done with either landscaping or a wood or vinyl fence. 7. Storage containers must be placed to the east of the building behind the existing retaining wall. Storage containers are not permitted to be placed anywhere else on the site. All parts and materials must be kept within the storage containers at all times. 8. This site is limited to three storage containers; each no more than 20 feet in length. 9. The applicant shall comply with all requirements of the building official, fire marshal and city engineer. Seconded by Councilmember Juenemann Ayes – All The motion passed. September 12, 2016 13 City Council Meeting Minutes K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. 1. Mark Bradley, Maplewood Resident 2. Bob Zick, North St. Paul Resident 3. Kevin Berglund, Maplewood Resident M. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:30 p.m.