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HomeMy WebLinkAbout2017-05-08 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 8, 2017 City Hall, Council Chambers Meeting No. 09-17 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:12 p.m. by Mayor Slawik. Mayor Slawik reported on the employee appreciation event that took place last week. Councilmember Juenemann gave additional information about the event. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Absent Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda under Appointments and Presentations, Council Presentations: City Clean Up Day Data Ramsey County Dispatch Policy Use of Force Workgroup Rush Line Corridor Councilmember Smith moved to approve the agenda as amended. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. E. APPROVAL OF MINUTES 1. Approval of April 24, 2017 City Council Workshop Minutes Councilmember Juenemann moved to approve the April 24, 2017 City Council Workshop Minutes as submitted. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong May 8, 2017 1 City Council Meeting Minutes The motion passed. 2. Approval of April 24, 2017 City Council Meeting Minutes Councilmember Juenemann moved to approve the April 24, 2017 City Council Meetinq Minutes as submitted. Seconded by Councilmember Smith Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar. Councilmember Juenemann requested staff look in to banning plastic bags in the city and also banning smoking in all Maplewood parks. b. Approval of Proclamation Recognizing National Police Week 2017 Police Chief Schnell gave the staff report. Councilmember Juenemann read the proclamation recognizing nation police week 2017. Councilmember Juenemann moved to approve the Proclamation Recognizing National Police Week May 14-20, 2017. Seconded by Councilmember Smith Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 2. Council Presentations City Clean Up Day Data Councilmember Juenemann reported on some of the statistics from the annual spring city wide clean up event that took place in April 2017. Ramsey County Dispatch Policy Councilmember Juenemann reported on the Ramsey County Dispatch Policy Committee meeting that took place the previous week. Use of Force Workgroup Councilmember Smith gave an update on the Use of Force Workgroup meetings that took place the previous week and why the workgroup continues to meet. May 8, 2017 2 City Council Meeting Minutes Rush Line Corridor Mayor Slawik reported that there was a Public Hearing on Thursday, April 27, 2017 for the Rush Line Corridor at Our Redeemer Church. Public Works Director Thompson gave specifics about the meeting. Councilmember Smith gave additional information about the public hearing. G. CONSENT AGENDA Mayor Slawik requested agenda item G4 be pulled for further discussion. Councilmember Juenemann requested agenda items G5 be highlighted. Councilmember Juenemann moved to approve agenda items G1-G5. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 463,340.07 Checks # 99559 thru #99595 dated 04/25/17 $ 333,253.13 Disbursements via debits to checking account dated 04/17/17 thru 04/21/17 $ 255,615.31 Checks #99596 thru #99626 dated 05/2/17 $ 550,518.49 Disbursements via debits to checking account dated 04/24/17 thru 04/28/17 $ 1,602,727.00 Total Accounts Payable PAYROLL $ 521,200.35 Payroll Checks and Direct Deposits dated 04/21/17 $ 1,697.03 Payroll Deduction check # 99102682 thru # 99102685 dated 04/21/17 $ 522,897.38 Total Payroll $ 2,125,624.38 GRAND TOTAL May 8, 2017 3 City Council Meeting Minutes Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 2. Approval of a Temporary Lawful Gambling - Local Permit for the St. Paul East Parks Lions Club at the Ramsey County Fair, 2020 White Bear Avenue Councilmember Juenemann moved to approve the temporary Lawful Gambling — Local Permit for the St. Paul East Parks Lion Club on July 12th through July 16th at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 3. Approval of a Temporary Lawful Gambling - Local Permit for LeadingAge Minnesota Foundation at Keller Golf Course, 2166 Maplewood Drive Councilmember Juenemann moved to approve temporary Lawful Gambling — Local Permit for LeadingAge Minnesota Foundation on August 23, 2017 at Keller Golf Course, 2166 Maplewood Drive. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 4. Approval of Members of the 2040 Comprehensive Plan Steering Committee Councilmember Juenemann moved to approve the membership of the 2040 Comprehensive Plan Steering Committee as outlined in the report. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 5. Approval of Resolution for Phase Two Tax Increment Financing Development Agreement with Maplewood Senior Apartments, LLC Councilmember Juenemann moved to approve the Resolution for the Phase Two Tax Increment Financing Development Agreement with Maplewood Senior Apartments, LLC. Resolution 17-05-1455 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT A. WHEREAS, Maplewood Senior Apartments LLC (the "Developer") has May 8, 2017 4 City Council Meeting Minutes requested the City of Maplewood, Minnesota (the "City") to assist with the financing of certain costs incurred in connection with the construction of an approximately 107-unit senior housing facility in the City by the Developer (the "Project"). B. WHEREAS, the Developer and the City have determined to enter into a Development Agreement providing for the City's tax increment financing assistance for the Project (the "Development Agreement"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City Council hereby approves the Development Agreement in substantially the form submitted, and the Mayor and City Manager are hereby authorized and directed to execute the Development Agreement on behalf of the City. 2. The approval hereby given to the Development Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Development Agreement. The execution of the Development Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the Development Agreement in accordance with the terms hereof. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Consider Approval of Resolution Adopting Revised Assessment Roll, Pond- Dorland Area Street Improvements, Project 16-12 Public Works Director Thompson gave the staff report. Councilmember Juenemann moved to approve the resolution adopting the Revised Assessment Roll for the Pond-Dorland Area Street Improvements, City Project 16-12. Resolution 17-05-1456 ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution passed by the City Council on April 24, 2017, the assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and May 8, 2017 5 City Council Meeting Minutes WHEREAS, six (6) the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 12-28-22-23-0225—Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of$1,613.00. Ms. McDonough is requesting a senior citizen or financial hardship deferral. 2. Parcel 24-28-22-22-0013— Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 for the undeveloped portion off of Boxwood Avenue and $6,600.00 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. 3. Parcel 12-28-22-23-0267— Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of$1,613.00. Ms. Stephan is requesting a cancellation or revision of assessment. 4. Parcel 12-28-22-23-0291 —Amanda K. Jensen, 385 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of$806.50. Ms. Jensen is requesting a financial hardship deferral. 5. Parcel 12-28-22-23-0320 —William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of$806.50. Mr. Mathison is requesting a senior citizen deferral. 6. Parcel 12-28-22-23-0304— Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of$806.50. Ms. Sobieska is requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12: 1. Parcel 12-28-22-23-0225—Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of$1,613.00. Ms. McDonough is requesting a senior citizen or financial hardship deferral. Staff recommendation is to grant a senior citizen and financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 2. Parcel 24-28-22-22-0013— Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of May 8, 2017 6 City Council Meeting Minutes $3,450.00 for the undeveloped portion off of Boxwood Avenue and $6,600.00 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. Staff recommendation is to deny the request for cancellation of assessment for the undeveloped portion of the property off of Boxwood Avenue, as the property is being assessed per the City's assessment Policy and the assessment does not exceed the benefit to the property. Staff however recommends granting an undeveloped property deferral for the undeveloped portion of the property off of Boxwood Avenue (1 unit). If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. Staff recommendation is to grant a revision of assessment for the property's frontage along Dorland Road, recognizing past investment into the street infrastructure. The road was previously improved along fifty-five linear feet of the property's Dorland Road frontage as part of City Project 87-19 to include concrete curb and gutter and a full-urban street section. Staff recommends reducing the assessment utilizing a ratio of the remaining unimproved frontage to the entire property frontage (65-feet/120-feet). This results in a revised assessment amount for the Dorland road frontage of$3,575.00. 3. Parcel 12-28-22-23-0267— Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of$1,613.00. Ms. Stephan is requesting a cancellation or revision of assessment. Staff recommendation is to deny the request for cancellation or revision of assessment, as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 4. Parcel 12-28-22-23-0291 —Amanda K. Jensen, 385 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of$806.50. Ms. Jensen is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 5. Parcel 12-28-22-23-0320 —William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of$806.50. Mr. Mathison is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. May 8, 2017 7 City Council Meeting Minutes Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 6. Parcel 12-28-22-23-0304— Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of$806.50. Ms. Sobieska is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. B. The assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each track of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential, commercial, townhomes, and multi-family properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.00 percent per annum form 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, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. 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 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, 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 16 or interest will be charged through December 31 of the next succeeding year. E. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. May 8, 2017 8 City Council Meeting Minutes 2. Consider Approval of Resolution Adopting Revised Assessment Roll, Hillwood-Crestview Area Street Improvements, Project 16-13 Public Works Director Thompson gave the staff report. Councilmember Juenemann moved to approve the resolution adopting the Revised Assessment Roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13. Resolution 17-05-1457 ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution passed by the City Council on April 24, 2017, the assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16- 13 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, four (4) the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 12-28-22-31-0033— Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of$3,450.00 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. 2. Parcel 12-28-22-31-0032—Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of$3,450.00 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. 3. Parcel 12-28-22-31-0005— Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of$3,450.00. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. 4. Parcel 12-28-22-31-0049— Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of$3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13: 1. Parcel 12-28-22-31-0033— Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of$3,450.00 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. May 8, 2017 9 City Council Meeting Minutes Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property (1 unit). If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. 2. Parcel 12-28-22-31-0032—Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of$3,450.00 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property (1 unit). If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. 3. Parcel 12-28-22-31-0005— Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of$3,450.00. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. Staff recommendation is to deny the request for revision of assessment, as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 4. Parcel 12-28-22-31-0049— Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. B. The assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each track of land therein included is hereby May 8, 2017 10 City Council Meeting Minutes found to be benefited by the proposed improvements in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential, commercial, townhomes, and multi-family properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.00 percent per annum form 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, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. 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 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, 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 16 or interest will be charged through December 31 of the next succeeding year. E. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Xiong Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. J. NEW BUSINESS 1. Consider Approval of Boaters Outlet, 2000 Rice Street a. Conditional Use Permit for Exterior Storage b. Conditional Use Permit for a Metal Building c. Design Review Environmental Planner Finwall gave the staff report. Commissioner Paul Arbuckle addressed the council to give the report from the Planning Commission. Glenn Kloskin, owner of Boaters Outlet addressed the council to give additional information. Councilmember Smith moved to approve the conditional use permit resolution to allow the exterior storage of boats at 2000 Rice Street within the Business Commercial zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: May 8, 2017 11 City Council Meeting Minutes 1) All construction shall follow the site plan date-stamped February 3 and March 3, March 17, and March 30, 2017, approved by the City. Staff may approve minor changes. 2) The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3) The City Council shall review this permit in one year. 4) Comply with the conditions of approval in Jon Jarosch's engineering report dated May 2, 2017, attached to this report. 5) Comply with the conditions of approval in Shann Finwall's and Virginia Gaynor's environmental report dated May 3, 2017, attached to this report. 6) This permit allows Boaters Outlet at 2000 Rice Street to utilize their property for the exterior storage of 200 to 225 boats to be located in the back fenced and screen storage area only. No boat storage is allowed on the customer parking lot. Resolution 17-05-1458 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Glenn and Darlene Kloskin, owner of Boaters Outlet, have applied for a conditional use permit for exterior storage of boats for a retail and boat storage facility at 2000 Rice Street; WHEREAS, Section 44-512 (4) of the Business Commercial district states that a conditional use permit may be granted for exterior storage in the Business Commercial district; WHEREAS, this permit applies to the property located at Section 18, Town 29, Range 22 (PIN 182922230017), at 2000 Rice Street, Maplewood, MN. WHEREAS, the history of this conditional use permit is as follows: 1. On April 18, 2017, 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 8, 2017, 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. May 8, 2017 12 City Council Meeting Minutes 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. 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 date-stamped February 3 and March 3, March 17, March 30, 2017, approved by the City. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. Comply with the conditions of approval in Jon Jarosch's City engineering report dated May 2, 2017. 5. Comply with the conditions of approval in Shann Finwall's and Virginia Gaynor's environmental report dated May 3, 2017. 6. This permit allows Boaters Outlet at 2000 Rice Street to utilize their property for the exterior storage of 200 to 225 boats on the back fenced and screen storage area only. No boat storage is allowed on the customer parking lot. Seconded by Councilmember Juenemann Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong May 8, 2017 13 City Council Meeting Minutes The motion passed. Councilmember Juenemann moved to approve the conditional use permit resolution to allow a metal building at 2000 Rice Street within the Business Commercial zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1) All construction shall follow the site plan date-stamped February 3 and March 3, March 17, and March 30, 2017, approved by the City. Staff may approve minor changes. 2) The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3) The City Council shall review this permit in one year. 4) Comply with the conditions of approval in Jon Jarosch's engineering report dated March 30, 2017, attached to this report. 5) Comply with the conditions of approval in Shann Finwall's and Virginia Gaynor's environmental report dated May 3, 2017, attached to this report. 6) This permit allows Boaters Outlet to construct a metal building at 2000 Rice Street for their boat retail and service business. The metal building must comply with the City's metal building standards, as well as comply with all fire and building codes. Resolution 17-05-1459 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Glenn and Darlene Kloskin, owner of Boaters Outlet, have applied for a conditional use permit for a metal building to be located at 2000 Rice Street; WHEREAS, Section 44-512 (6) of the Business Commercial district states that a conditional use permit may be granted for a metal building in the Business Commercial district; WHEREAS, this permit applies to the property located at Section 18, Town 29, Range 22 (PIN 182922230017), at 2000 Rice Street, Maplewood, MN. WHEREAS, the history of this conditional use permit is as follows: 1. On April 18, 2017, 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. May 8, 2017 14 City Council Meeting Minutes 2. On May 8, 2017, 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 n 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. 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 date-stamped February 3 and March 3, March 17, March 30, 2017, approved by the City. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. Comply with the conditions of approval in Jon Jarosch's City engineering report dated May 2, 2017. 5. Comply with the conditions of approval in Shann Finwall's and Virginia Gaynor's environmental report dated May 3, 2017. May 8, 2017 15 City Council Meeting Minutes 6. This permit allows Boaters Outlet to construct a metal building at 2000 Rice Street for their boat retail and service business. The metal building must comply with the City's metal building standards, as well as comply with all fire and building codes. Seconded by Councilmember Smith Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. Councilmember Xiong moved to approve the plans date-stamped February 3 and March 3, March 17, March 30, 2017, for Boaters Outlet at 2000 Rice Street. Approval is subject to the applicant complying with 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 comply with the conditions noted in Jon Jarosch's engineering report dated May 2, 2017. 3) The applicant shall comply with the conditions noted in Shann Finwall's and Virginia Gaynor's environmental report dated May 3, 2017. 4) Submit to staff a detailed building footprint outlining the retail versus warehouse/service area proposed within the building. 5) Submit to staff a revised site plan which shows a concrete sidewalk along Rice Street and that the parking lot contains the correct number of parking spaces and parking space sizes (10 feet wide x 18 feet deep) to meet city code requirements. 6) Submit to staff a revised landscape plan that includes at least one deciduous tree every 30 feet along Rice Street, and landscaping required within the infiltration and filtration basins as outlined in the environmental review attached to this report. 7) All signage on the property must comply with the City's sign ordinance and requires separate sign permits. 8) The applicant shall remove and dispose of all debris and garbage that is on the site. 9) The applicant shall submit a fence design and elevations to staff for approval. 10) The applicant shall work with staff to determine the use of plantings and or seeding for the basins. 11) Boats shall not project above the fence in the west portion of the site, this is defined as any areas west of the eastern extent of the building. 12) Staff may approve minor changes to the plans. May 8, 2017 16 City Council Meeting Minutes 13) 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. Seconded by Councilmember Juenemann Ayes — Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Slawik adjourned the meeting at 8:17 p.m. May 8, 2017 17 City Council Meeting Minutes