HomeMy WebLinkAbout2018-05-29 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Tuesday, May 29, 2018
Maplewood City Hall – Council Chambers
Meeting No.10-18
A. CALL TO ORDER
A meeting of the City Council was held at the Maplewood City Hall – Council Chambers
and was called to order at 7:06 p.m. by Acting Mayor Smith.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Nora Slawik, Mayor Absent
Bryan Smith, Acting Mayor Present
Marylee Abrams, Councilmember Present
Kathleen Juenemann, Councilmember Present
Tou Xiong, Councilmember Present – Arrived at 7:56 p.m.
D. APPROVAL OF AGENDA
The following items were added to the agenda under Appointments and Presentations,
Council Presentations:
Highlight agenda item G5 and pull agenda item G6.
McKnight Road
Grateful Resident Email
STA2RS Banquet
Councilmember Juenemann moved to approve the agenda as amended.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of the May 14, 2018 City Council Workshop Minutes
Councilmember Abrams moved to approve the May 14, 2018 City Council Workshop
Minutes as submitted.
Seconded by Councilmember Juenemann Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
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City Council Meeting Minutes
2. Approval of the May 14, 2018 City Council Meeting Minutes
Councilmember Juenemann moved to approve the May 14, 2018 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave the update to the council calendar and on projects
that have been requested by the council.
2. Council Presentations
McKnight Road
Councilmember Juenemann reported on upcoming road repairs to McKnight Road
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between Larpenteur and 7 Street during the summer of 2018.
Grateful Resident Email
Councilmember Juenemann reported on a grateful email City Manager Coleman
received from a resident.
STA2RS Banquet
Councilmember Abrams reported on the STA2RS Banquet she attended last week.
G. CONSENT AGENDA
Highlight agenda item G5 and pull agenda item G6.
Councilmember Juenemann moved to approve agenda items G1-G5.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
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ACCOUNTS PAYABLE:
$ 49,425.15 Checks # 101595 thru #101629
dated 05/15/18
$ 677,670.44 Disbursements via debits to checking account
dated 05/07/18 thru 05/11/18
$ 494,109.52 Checks #101630 thru #101668
dated 5/22/18
$ 470,260.32 Disbursements via debits to checking account
dated 05/14/18 thru 05/18/18
$ 1,691,465.43 Total Accounts Payable
PAYROLL
$ 544,395.43 Payroll Checks and Direct Deposits dated 05/18/18
$ 2,819.48 Payroll Deduction check # 99103253 thru # 99103257 dated 05/18/18
$ 547,214.91 Total Payroll
$ 2,238,680.34 GRAND TOTAL
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
2. Conditional Use Permit Revision, Beaver Lake Church, 2280 Stillwater
Avenue East
Councilmember Juenemann moved to approve the conditional use permit revision
resolution allowing a day care or preschool to operate within the building located at 2280
Stillwater Avenue East.
Resolution 18-05-1566
Conditional Use Permit
WHEREAS, Beaver Lake Church, on behalf of Cori Huisenga the owner of Cori’s
Kidz Childcare has applied for a conditional use permit revision to operate a day care
facility at 2280 Stillwater Avenue East.
WHEREAS, conditional use permits are required for day care facilities and can
be located within any zoning district within the city.
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City Council Meeting Minutes
WHEREAS, this permit applies to the site at 2280 Stillwater Avenue East. The
legal description is:
Tract A, Registered Land Survey No. 21 Tract A, Registered Land Survey No.
137 Torrens Property, Cert. No. 264833, Ramsey County, Minnesota
WHEREAS, the history of this conditional use permit is as follows:
1. On May 15, 2018, the planning commission held a public hearing. The
city staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners. The planning commission
gave everyone at the hearing a chance to speak and present written
statements. The planning commission recommended that the city council
approve the conditional use permit revision.
2. On May 29, 2018, the city council discussed the conditional use permit.
They considered reports and recommendations from the planning
commission and city staff.
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.
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services,
including streets, police and fire protection, drainage structures, water
and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site’s
natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
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City Council Meeting Minutes
Approval is subject to the following conditions (additions are underlined and deletions
are crossed out):
1. This permit shall be subject to review after one year from the date of approval,
based on the procedures in City Code.
2. The owner/operator acquiring all necessary approvals and licenses from the
state of Minnesota to operate the day care facility or preschool facility.
3. The day care center or preschool facility be maintained and operated in such a
manner as to not create any nuisances for nearby properties.
4. A building permit shall be submitted for review and approval by the Building
Official, prior to any construction activities on the subject property.
5. Any change of use to the building shall be submitted to the City Planner and
Building Official for approval.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
3. Resolution to Adopt State Performance Measures
Councilmember Juenemann moved to approve the resolution to adopt the State
Performance Measures for 2018.
Resolution 18-05-1567
Resolution Adopting State Performance Measures
WHEREAS, Benefits to the City of Maplewood for participation in the
Minnesota Council on Local Results and Innovation’s comprehensive performance
measurement program are outlined in MS 6.91 and include eligibility for a
reimbursement as set by State statute; and
WHEREAS, Any city or county participating in the comprehensive performance
measurement program is also exempt from levy limits for taxes, if levy limits are in effect;
and
WHEREAS, The City Council of Maplewood has adopted and implemented at
least 10 of the performance measures, as developed by the Council on Local Results
and Innovation, and a system to use this information to help plan, budget, manage and
evaluate programs and processes for optimal future outcomes; and
NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of
Maplewood will continue to report the results of the performance measures to its
citizenry by the end of the year through publication, direct mailing, posting on the city’s
website, or through a public hearing at which the budget and levy will be discussed and
May 29, 2018 5
City Council Meeting Minutes
public input allowed.
BE IT FURTHER RESOLVED, The City Council of Maplewood will submit to the
Office of the State Auditor the actual results of the performance measures adopted by
the city/county.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
4. Amended Joint Powers Agreement for Ramsey County Violent Crime
Enforcement Team (RCVCET)
Councilmember Juenemann moved to approve the amended Joint Powers Agreement
for the Ramsey County Violent Crime Enforcement Team.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
5. Resolution Accepting Assessment Roll and Ordering Assessment Hearing
for June 11, 2018, Farrell-Ferndale Area Street Improvements, City Project 17-
18
Councilmember Abrams moved to approve the Resolution Accepting Assessment Roll
and Ordering Assessment Hearing, for the Farrell-Ferndale Area Street Improvements,
City Project 17-18.
Resolution 18-05-1568
Accepting Assessment Roll and Ordering Assessment Hearing
WHEREAS, the Clerk and the City Engineer have, at the direction of the City
Council, prepared an assessment roll for the Farrell-Ferndale Area Street Improvements,
City Project 17-18, and the said assessment roll is on file in the office of the City
Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA:
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1. A hearing shall be held on the 11 day of June 2018, at the city hall at
7:00 p.m. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to
be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the
proposed assessment to be published in the official newspaper, at least two weeks prior
to the hearing, and to mail notices to the owner of all property affected by said
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assessment.
The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement, the area to be assessed, that the proposed assessment roll
is on file with the clerk and city engineer and that written or oral objections will be
considered.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
The following item was reinstated after agenda item I1 was heard.
6. Resolution Accepting Tree Planting Donation
Councilmember Juenemann moved to approve the resolution accepting the tree planting
donation in the amount of $140.00 to the City of Maplewood.
Resolution 18-05-1569
Acceptance of Donation
WHEREAS the City of Maplewood and the Parks and Recreation Department
has received a donation of $140.00 for planting trees at parks;
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council
authorizes the City of Maplewood to accept this donation.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams,
Juenemann and Xiong
The motion passed.
H. PUBLIC HEARINGS
None
I. UNFINISHED BUSINESS
1. Resolution Adopting Revised Assessment Roll, Londin-Highpoint Area Street
Improvements. City Project 17-19
Public Works Director Love gave the staff report and answered questions of the council.
Councilmember Juenemann moved to approve the Resolution Adopting Revised
Assessment Roll for the Londin-Highpoint Area Street Improvements, City Project 17-19.
Resolution 18-05-1570
Adopting Revised Assessment Roll
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City Council Meeting Minutes
WHEREAS, pursuant to a resolution passed by the City Council on May 14,
2018, the assessment roll for the Londin-Highpoint Area Street Improvements, City
Project 17-19 was presented in a Public Hearing format, pursuant to Minnesota Statutes,
Chapter 429, and
WHEREAS, the following two (2) property owners have filed objections to their
assessments according to the requirements of Minnesota Statutes, Chapter 429,
summarized as follows:
1. Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is currently
proposed that the property be assessed for 0.5 units at the Townhome assessment
rate for a total amount of $673.17. Mr. Mathison is requesting a senior citizen
deferral.
2. Parcel 122822210087 – Jacqueline J Adams, 2445 Londin Lane East, Unit 411. It is
currently proposed to be assessed 1 unit at the Condominiums assessment rate for a
total amount of $473.30.
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 Londin-Highpoint Area Street
Improvements, City Project 17-19:
1. Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is
currently proposed that the property be assessed for 0.5 units at the Townhome
assessment rate for a total amount of $673.17. Mr. Mathison is requesting a
senior citizen deferral.
Staff recommendation is to grant a senior citizen deferral upon approval of
necessary paperwork and financial information. If approved, the deferral will be
for a period of 15 years. Interest will accrue at a rate of 5 percent during the
deferral period and the assessment will become due with accumulated interest at
the end of the deferral period.
2. Parcel 122822210087 – Jacqueline J Adams, 2445 Londin Lane East, Unit 411.
It is currently proposed to be assessed 1 unit at the Condominiums assessment
rate for a total amount of $473.30.
City staff contacted Jacqueline Adams to verify if her document was an objection
to the assessment on March 16, 2018. Jacqueline Adams confirmed that it was
not an objection to the assessment. Staff recommendation is to proceed with the
proposed assessment as detailed in the assessment roll.
B. The assessment roll for the Londin-Highpoint Area Street Improvements, City Project
17-19, 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
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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 2019 and shall bear interest at the rate of 5.00 percent per annum from the
date of the adoption of this assessment resolution. To the first installment shall be
added interest on the entire assessment from the date of this resolution until
December 31, 2018. 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, 2018, 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, 2018, 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, 2018, but no
later than November 16, 2018, 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 Abrams Ayes – Acting Mayor Smith,
Council Members Abrams
and Juenemann
The motion passed.
Acting Mayor Smith recessed the meeting at 7:35 p.m.
Acting Mayor Smith called the meeting back to order at 7:56 p.m.
Councilmember Juenemann moved to reinstate agenda item G6.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams,
Juenemann and Xiong
The motion passed.
J. NEW BUSINESS
1. Mercedes Benz – Morrie’s Automotive Group, 2780 Maplewood Drive
a. Comprehensive Plan Amendment Resolution (Requires Two-Thirds
Majority Vote Of City Council)
b. Zoning Map Amendment Resolution (Requires Two-Thirds Majority
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Vote Of City Council)
c. Lot Division
d. Conditional Use Permit Revision Resolution
e. Setback Variance Resolution
f. Design Review
Economic Development Coordinator Martin gave the staff presentation. Commissioner
Ige gave the Planning Commission report. Commissioner Ledvina gave the Community
Design Review Board report. Lynn Robson with Morrie’s Automotive Group addressed
the council to answer questions.
Councilmember Abrams moved to approve the comprehensive plan amendment
resolution which approves a land use plan amendment from LDR (low density
residential) to C (commercial) for approximately 4.44 of the 8.97-acre parcel located at
2780 Maplewood Drive.
Resolution 18-05-1571
Comprehensive Plan Amendment
WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780
Maplewood Drive, has requested a change to the City of Maplewood’s land use plan
from LDR (low density residential) to C (commercial) for consistency between all of the
parcels the applicant owns which comprise the auto dealership property.
WHEREAS, this change applies to the property located at 2780 Maplewood
Drive. The legal description of the property is:
That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION,
Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99,
GARDENA ADDITION, Ramsey County, Minnesota.
Also together with that part of vacated English Street.
Also together with that part of the Southeast Quarter of the Southeast Quarter of
Section 4, Township 29, Range 22 More particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast
Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West,
assumed bearing along the east line of said Southeast Quarter, a distance of
1540.70 to the northeast corner of said Lot 97 and the point of beginning of the
land to be described; thence South 89 degrees 36 minutes 06 seconds West
along the north line of said Lot 97, a distance of 529.50 feet to the northwest
corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West
along said west line and the west line of said Lots 98 and 99, a distance of
245.03 feet to the southwest corner of said Lot 99, being common with a point on
the north line of said Southeast Quarter of the Southeast Quarter; thence North
89 degrees 36 minutes 06 seconds East along said north line, a distance of
31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South
22 degrees 21 minutes 57 seconds West along said east line, a distance of
258.84 feet to a found capped iron pipe license number 43933; thence South 67
degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found
capped iron pipe license number 8612 on the west line of said Lot 18, said point
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measuring 310.34 feet south of the northwest corner of said Lot 18 as measured
along the west line of said Lot 18; thence North 88 degrees 47 minutes 59
seconds East, a distance of 65.92 feet to a found capped iron pipe license
number 8612 said point measuring 310.17 feet south of the northwest corner of
said Lot 17 as measured along the west line of said Lot 17; thence North 86
degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found
capped iron pipe license number 8612 on the east line of said Lot 15 measuring
300.03 feet south of the northeast corner of said Lot 15, as measured along the
east line of said Lot 15, also being the intersection with the south line of the north
300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds
East along said south line of the north 300.00 feet of said Lots 13 and 14, a
distance of 132.00 feet to a found capped iron pipe license number 8612 on the
west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East
along said west line, a distance of 18.84 feet to a found capped iron pipe license
number 8612 on the south line of the North Half of said Lot 12; thence North 89
degrees 48 minutes 58 seconds East along said south line and the easterly
extension thereof, a distance of 136.03 feet to a found capped iron pipe license
number 12682 on said east line of the Southeast Quarter; thence South 01
degrees 16 minutes 00 seconds East along said east line, a distance of 15.76
feet to a found capped iron pipe license number 12862 on the westerly extension
of the south line of the north 335 feet of said Lots 73 and 74; thence North 89
degrees 02 minutes 00 seconds East along said south line of the north 335 feet
of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east
line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along
said east line, a distance of 335.00 feet to the northeast corner of said Lot 73;
thence South 89 degrees 00 minutes 27 seconds West along the north line of
said Lot 73 and the north line of said Lot 74 and its westerly extension, a
distance of 152.00 feet to a found capped iron pipe on the west line of the east
20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00
seconds West along said west line, a distance of 225.00 feet to the easterly
extension of the north line of said Lot 97; thence South 89 degrees 36 minutes
06 seconds West along said easterly extension, a distance of 20.00 feet to said
east line of the Southeast Quarter and the point of beginning.
WHEREAS, the history of this change is as follows:
1. On May 15, 2018, the planning commission held a public hearing. The city
staff published a hearing notice in the Maplewood Review and sent notices to
the surrounding property owners. The planning commission gave everyone at
the hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve the land use plan
change.
2. On May 29, 2018, the city council discussed the land use plan change. They
considered reports and recommendations from the planning commission and
city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above
described change for the following reasons:
1. A goal of the Maplewood 2030 Comprehensive Plan is to promote efficient,
planned commercial and industrial expansion within the city.
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2. A goal of the Maplewood 2030 Comprehensive Plan is to encourage
attractive commercial and industrial development while limiting its impacts on
surrounding uses by providing adequate screening or buffering of new or
expanded commercial areas from any adjacent existing or planned residential
development.
This land use plan amendment is subject to approval by the Metropolitan Council.
Seconded by Councilmember Juenemann Ayes – Acting Mayor Smith,
Council Members Abrams,
Juenemann and Xiong
The motion passed.
Councilmember Abrams moved to approve the zoning map amendment resolution which
approves the change from R1 (single dwelling) to M1 (light manufacturing) for
approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive.
Resolution 18-05-1572
Zoning Map Amendment
WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780
Maplewood Drive, has requested a change to the City of Maplewood’s zoning map from
R1 (single dwelling) to M1 (light manufacturing) for consistency between the zoning map
and actual use of the land.
WHEREAS, this change applies to the property located at 2780 Maplewood
Drive. The legal description of the property is:
That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW
ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74,
97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota.
Also together with that part of vacated English Street.
Also together with that part of the Southeast Quarter of the Southeast Quarter of
Section 4, Township 29, Range 22 More particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast
Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West,
assumed bearing along the east line of said Southeast Quarter, a distance of
1540.70 to the northeast corner of said Lot 97 and the point of beginning of the
land to be described; thence South 89 degrees 36 minutes 06 seconds West
along the north line of said Lot 97, a distance of 529.50 feet to the northwest
corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West
along said west line and the west line of said Lots 98 and 99, a distance of
245.03 feet to the southwest corner of said Lot 99, being common with a point on
the north line of said Southeast Quarter of the Southeast Quarter; thence North
89 degrees 36 minutes 06 seconds East along said north line, a distance of
31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South
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22 degrees 21 minutes 57 seconds West along said east line, a distance of
258.84 feet to a found capped iron pipe license number 43933; thence South 67
degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found
capped iron pipe license number 8612 on the west line of said Lot 18, said point
measuring 310.34 feet south of the northwest corner of said Lot 18 as measured
along the west line of said Lot 18; thence North 88 degrees 47 minutes 59
seconds East, a distance of 65.92 feet to a found capped iron pipe license
number 8612 said point measuring 310.17 feet south of the northwest corner of
said Lot 17 as measured along the west line of said Lot 17; thence North 86
degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found
capped iron pipe license number 8612 on the east line of said Lot 15 measuring
300.03 feet south of the northeast corner of said Lot 15, as measured along the
east line of said Lot 15, also being the intersection with the south line of the north
300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds
East along said south line of the north 300.00 feet of said Lots 13 and 14, a
distance of 132.00 feet to a found capped iron pipe license number 8612 on the
west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East
along said west line, a distance of 18.84 feet to a found capped iron pipe license
number 8612 on the south line of the North Half of said Lot 12; thence North 89
degrees 48 minutes 58 seconds East along said south line and the easterly
extension thereof, a distance of 136.03 feet to a found capped iron pipe license
number 12682 on said east line of the Southeast Quarter; thence South 01
degrees 16 minutes 00 seconds East along said east line, a distance of 15.76
feet to a found capped iron pipe license number 12862 on the westerly extension
of the south line of the north 335 feet of said Lots 73 and 74; thence North 89
degrees 02 minutes 00 seconds East along said south line of the north 335 feet
of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east
line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along
said east line, a distance of 335.00 feet to the northeast corner of said Lot 73;
thence South 89 degrees 00 minutes 27 seconds West along the north line of
said Lot 73 and the north line of said Lot 74 and its westerly extension, a
distance of 152.00 feet to a found capped iron pipe on the west line of the east
20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00
seconds West along said west line, a distance of 225.00 feet to the easterly
extension of the north line of said Lot 97; thence South 89 degrees 36 minutes
06 seconds West along said easterly extension, a distance of 20.00 feet to said
east line of the Southeast Quarter and the point of beginning.
WHEREAS, the history of this change is as follows:
1. On May 15, 2018, the planning commission held a public hearing. The city
staff published a hearing notice in the Maplewood Review and sent notices to
the surrounding property owners. The planning commission gave everyone at
the hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve the zoning map
change.
2. On May 29, 2018, the city council discussed the zoning map change. They
considered reports and recommendations from the planning commission and
city staff.
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NOW, THEREFORE, BE IT RESOLVED that the city council approved the above
described change for the following reasons:
1. This proposed rezoning would enable the continued use of the existing, non-
residential, activity on site.
2. This change would comply with the comprehensive land use plan commercial
classification.
3. The proposed rezoning would meet the following six criteria for a zoning map
revision as required by city ordinance:
a. Assure itself that the proposed change is consistent with the spirit,
purpose and intent of this chapter.
b. Determine that the proposed change will not substantially injure or detract
from the use of neighboring property or from the character of the
neighborhood and that the use of the property adjacent to the area
included in the proposed change or plan is adequately safeguarded.
c. Determine that the proposed change will serve the best interests and
conveniences of the community, where applicable, and the public welfare.
d. Consider the effect of the proposed change upon the logical, efficient, and
economical extension of public services and facilities, such as public
water, sewers, police and fire protection and schools.
e. Be guided in its study, review and recommendation by sound standards
of subdivision practice where applicable.
f. Impose such conditions, in addition to those required, as are necessary to
ensure that the intent of this chapter is complied with, which conditions
may include but not be limited to harmonious design of buildings; planting
and the maintenance of a sight or sound screen; the minimizing of
noxious, offensive or hazardous elements; and adequate standards of
parking and sanitation.
Seconded by Councilmember Xiong Ayes – Acting Mayor Smith,
Council Members Abrams,
Juenemann and Xiong
The motion passed.
Councilmember Abrams moved to approve the lot division request to subdivide and
adjust lot lines for the applicant’s 2.9 acre parcel located within the property at 2780
Maplewood Drive and the neighboring 1.59 acre parcel located at 1263 Kohlman
Avenue East. This lot division approval is subject to the following conditions:
1. A survey must be submitted to planning staff for final approval.
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2. The lot division and any and all easement agreements must be recorded with
Ramsey County within one year of approval date otherwise the approval is null and
void.
Seconded by Councilmember Juenemann Ayes – Acting Mayor Smith,
Council Members Abrams,
Juenemann and Xiong
The motion passed.
Councilmember Juenemann moved to approve the conditional use permit revision
resolution which outlines the conditions required for the entire new auto dealership
building, as all buildings erected in the Light Manufacturing zoning district within 350 feet
of a residential district require a conditional use permit.
Resolution 18-05-1573
Conditional Use Permit
WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780
Maplewood Drive, has applied for a conditional use permit revision for its auto dealership
which includes auto repair and a car wash within the M1 (light manufacturing) district.
WHEREAS, Sections 44-637 of the city ordinances requires a conditional use
permit for any building erected, altered or conducted within 350 feet of a residential
district.
WHEREAS, this permit applies to the property located at 2780 Maplewood Drive.
The legal description of the property is:
That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW
ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98,
and 99, GARDENA ADDITION, Ramsey County, Minnesota.
Also together with that part of vacated English Street.
Also together with that part of the Southeast Quarter of the Southeast Quarter of
Section 4, Township 29, Range 22 More particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast
Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West,
assumed bearing along the east line of said Southeast Quarter, a distance of
1540.70 to the northeast corner of said Lot 97 and the point of beginning of the
land to be described; thence South 89 degrees 36 minutes 06 seconds West
along the north line of said Lot 97, a distance of 529.50 feet to the northwest
corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West
along said west line and the west line of said Lots 98 and 99, a distance of
245.03 feet to the southwest corner of said Lot 99, being common with a point on
the north line of said Southeast Quarter of the Southeast Quarter; thence North
89 degrees 36 minutes 06 seconds East along said north line, a distance of
31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South
22 degrees 21 minutes 57 seconds West along said east line, a distance of
May 29, 2018 15
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258.84 feet to a found capped iron pipe license number 43933; thence South 67
degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found
capped iron pipe license number 8612 on the west line of said Lot 18, said point
measuring 310.34 feet south of the northwest corner of said Lot 18 as measured
along the west line of said Lot 18; thence North 88 degrees 47 minutes 59
seconds East, a distance of 65.92 feet to a found capped iron pipe license
number 8612 said point measuring 310.17 feet south of the northwest corner of
said Lot 17 as measured along the west line of said Lot 17; thence North 86
degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found
capped iron pipe license number 8612 on the east line of said Lot 15 measuring
300.03 feet south of the northeast corner of said Lot 15, as measured along the
east line of said Lot 15, also being the intersection with the south line of the north
300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds
East along said south line of the north 300.00 feet of said Lots 13 and 14, a
distance of 132.00 feet to a found capped iron pipe license number 8612 on the
west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East
along said west line, a distance of 18.84 feet to a found capped iron pipe license
number 8612 on the south line of the North Half of said Lot 12; thence North 89
degrees 48 minutes 58 seconds East along said south line and the easterly
extension thereof, a distance of 136.03 feet to a found capped iron pipe license
number 12682 on said east line of the Southeast Quarter; thence South 01
degrees 16 minutes 00 seconds East along said east line, a distance of 15.76
feet to a found capped iron pipe license number 12862 on the westerly extension
of the south line of the north 335 feet of said Lots 73 and 74; thence North 89
degrees 02 minutes 00 seconds East along said south line of the north 335 feet
of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east
line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along
said east line, a distance of 335.00 feet to the northeast corner of said Lot 73;
thence South 89 degrees 00 minutes 27 seconds West along the north line of
said Lot 73 and the north line of said Lot 74 and its westerly extension, a
distance of 152.00 feet to a found capped iron pipe on the west line of the east
20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00
seconds West along said west line, a distance of 225.00 feet to the easterly
extension of the north line of said Lot 97; thence South 89 degrees 36 minutes
06 seconds West along said easterly extension, a distance of 20.00 feet to said
east line of the Southeast Quarter and the point of beginning.
WHEREAS, the history of this permit is as follows:
1. On May 15, 2018, the planning commission held a public hearing. The city
staff published a hearing notice in the Maplewood Review and sent notices to
the surrounding property owners. The planning commission gave everyone at
the hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve the permit.
2. On May 29, 2018, the city council discussed the permit. They considered
reports and recommendations from the planning commission and city staff.
May 29, 2018 16
City Council Meeting Minutes
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.
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site’s natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions (additions are underlined and
deletions are crossed out):
1. All construction shall follow the site plan approved by the city. The director of
community development may approve minor changes.
2. The proposed construction must be started within one year of council
approval or the permit shall end. 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 submit an annual report to engineering staff on the
sump catch basin effectiveness and stormwater maintenance activities.
5. The property owner shall not park on the grass or landscaped areas. The
dealership shall only park vehicles on designated paved surfaces.
May 29, 2018 17
City Council Meeting Minutes
6. All activity shall be confined to the site. There shall be no loading or
unloading of vehicles on the street rights-of-way. All employees must park
within the site. No employee parking is allowed on any nearby public streets.
7. The dealership shall ensure that noise from business operations, including
any external speakers, shall not exceed the state noise standards and all
activities on the site must meet all city noise regulations.
8. The dealership shall not test drive any vehicles associated with its operation
on local neighborhood roads within the City of Maplewood.
9. The dealership shall not store damaged vehicles on the site except in the
building.
10. The dealership shall store all garbage, trash, waste materials, tires, vehicles
parts and obsolete parts in the building or in a fully enclosed trash container
or enclosure.
11. The dealership shall not store any tires, vehicle parts, garbage, trash, waste
materials or other debris outside. All such storage must be inside the building
or in approved enclosure.
12. The dealership shall ensure that all vehicle repair, assembly, disassembly
and maintenance is done within the enclosed building.
13. Comply with all city ordinance requirements for signage and parking.
14. The applicants shall obtain any required permits from the Ramsey
Washington Metro Watershed District, Ramsey County and the State of
Minnesota and meet the requirements of those agencies.
15. The applicant must sign a wetland buffer restoration maintenance agreement
with the City which will require the applicant to ensure the native plants are
established within the buffer within a three-year period.
16. The applicant shall provide all development agreements, maintenance
agreements and escrows required by the city. These agreements shall be
executed and escrows paid before the issuance of building permits.
17. The applicant shall dim all site lighting at 8 p.m. daily. Light poles within 75
feet of a residential property line shall be limited to 15 feet in height.
Seconded by Councilmember Abrams Ayes – Acting Mayor Smith,
Council Members Abrams,
Juenemann and Xiong
The motion passed.
Councilmember Abrams moved to approve the setback variance resolution for Morrie’s
proposed Mercedes Benz dealership which allows a 308 foot variance from the city’s
setback requirements.
May 29, 2018 18
City Council Meeting Minutes
Resolution 18-05-1574
Setback Variance
WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780
Maplewood Drive, applied for a 308-foot setback variance to build an auto dealership
building and associated parking lot near residential properties the city has planned for
residential use. The proposed building would be setback 115 feet and the parking lot
would be setback 42 feet.
WHEREAS, Section 44-511(4)(b) requires the sale or leasing of new and used
motor vehicles when all such activities are on the same property be setback 350 feet of
any property that the city is planning for residential use.
WHEREAS, the applicant is proposing to have its new building setback 115 feet
and the parking lot 42 feet from property that the city is planning for residential use.
WHEREAS, this variance applies to the property located at 2780 Maplewood
Drive. The legal description of the property is:
That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW
ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98,
and 99, GARDENA ADDITION, Ramsey County, Minnesota.
Also together with that part of vacated English Street.
Also together with that part of the Southeast Quarter of the Southeast Quarter of
Section 4, Township 29, Range 22 More particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast
Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West,
assumed bearing along the east line of said Southeast Quarter, a distance of
1540.70 to the northeast corner of said Lot 97 and the point of beginning of the
land to be described; thence South 89 degrees 36 minutes 06 seconds West
along the north line of said Lot 97, a distance of 529.50 feet to the northwest
corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West
along said west line and the west line of said Lots 98 and 99, a distance of
245.03 feet to the southwest corner of said Lot 99, being common with a point on
the north line of said Southeast Quarter of the Southeast Quarter; thence North
89 degrees 36 minutes 06 seconds East along said north line, a distance of
31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South
22 degrees 21 minutes 57 seconds West along said east line, a distance of
258.84 feet to a found capped iron pipe license number 43933; thence South 67
degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found
capped iron pipe license number 8612 on the west line of said Lot 18, said point
measuring 310.34 feet south of the northwest corner of said Lot 18 as measured
along the west line of said Lot 18; thence North 88 degrees 47 minutes 59
seconds East, a distance of 65.92 feet to a found capped iron pipe license
number 8612 said point measuring 310.17 feet south of the northwest corner of
said Lot 17 as measured along the west line of said Lot 17; thence North 86
degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found
May 29, 2018 19
City Council Meeting Minutes
capped iron pipe license number 8612 on the east line of said Lot 15 measuring
300.03 feet south of the northeast corner of said Lot 15, as measured along the
east line of said Lot 15, also being the intersection with the south line of the north
300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds
East along said south line of the north 300.00 feet of said Lots 13 and 14, a
distance of 132.00 feet to a found capped iron pipe license number 8612 on the
west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East
along said west line, a distance of 18.84 feet to a found capped iron pipe license
number 8612 on the south line of the North Half of said Lot 12; thence North 89
degrees 48 minutes 58 seconds East along said south line and the easterly
extension thereof, a distance of 136.03 feet to a found capped iron pipe license
number 12682 on said east line of the Southeast Quarter; thence South 01
degrees 16 minutes 00 seconds East along said east line, a distance of 15.76
feet to a found capped iron pipe license number 12862 on the westerly extension
of the south line of the north 335 feet of said Lots 73 and 74; thence North 89
degrees 02 minutes 00 seconds East along said south line of the north 335 feet
of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east
line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along
said east line, a distance of 335.00 feet to the northeast corner of said Lot 73;
thence South 89 degrees 00 minutes 27 seconds West along the north line of
said Lot 73 and the north line of said Lot 74 and its westerly extension, a
distance of 152.00 feet to a found capped iron pipe on the west line of the east
20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00
seconds West along said west line, a distance of 225.00 feet to the easterly
extension of the north line of said Lot 97; thence South 89 degrees 36 minutes
06 seconds West along said easterly extension, a distance of 20.00 feet to said
east line of the Southeast Quarter and the point of beginning.
WHEREAS, the history of this variance is as follows:
1. On May 15, 2018, the planning commission held a public hearing. The city
staff published a hearing notice in the Maplewood Review and sent notices to
the surrounding property owners. The planning commission gave everyone at
the hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve this variance.
2. On May 29, 2018, the city council discussed variance. They considered
reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above
described variance for the following reasons:
1. The proposed use would be in harmony with the general purposes and intent
of the zoning ordinance since this property has been used as an auto
dealership for 49 years.
2. The proposed commercial use is consistent with the commercial classification
of the Maplewood Comprehensive Plan.
May 29, 2018 20
City Council Meeting Minutes
3. The applicant is proposing to use the property in a reasonable manner that
would otherwise not be permitted by the city’s requirement that auto uses be
setback 350 foot from properties the city has planned for residential.
4. Strict enforcement of the ordinance would cause the applicant practical
difficulties because complying with the setback requirement stipulated by the
ordinance would prohibit the reconstruction of an auto dealership on this site.
Seconded by Councilmember Juenemann Ayes – Acting Mayor Smith,
Council Members Abrams,
Juenemann and Xiong
The motion passed.
Councilmember Abrams moved to approve the design plans for the new 47,685 square
foot auto dealership building date stamped May 9, 2018, for the redevelopment project
located at 2780 Maplewood Drive. 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. Satisfy the requirements set forth in the staff report authored by staff engineer Jon
Jarosch, dated May 8, 2018.
3. Satisfy the requirements set forth in the staff report authored by environmental
planner Shann Finwall, dated May 15, 2018.
4. All requirements of the fire marshal and building official must be met.
5. All roof-top mechanical equipment shall be screened from view.
6. Prior to issuance of a grading or building permit, the applicant must submit to staff for
approval the following items:
a. Revised landscaping and site plans showing additional plantings and screening
on the east side of the site. This plan shall also include the restoration of the
wetland buffer area with native plantings.
b. Submit a revised photometric plan for staff approval – plan must meet all city
requirements.
c. Submit plans for staff approval for the required trash enclosure. The trash
enclosure’s colors and building materials shall be consistent with the main
building.
d. A cash escrow or an irrevocable letter of credit for all required exterior
improvements. The amount shall be 150 percent of the cost of the work.
7. The applicant shall complete the following before occupying the building:
May 29, 2018 21
City Council Meeting Minutes
a. Replace any property irons removed because of this construction.
b. Provide continuous concrete curb and gutter around the parking lot and
driveways.
c. Install all required landscaping and an in-ground lawn irrigation system for all
landscaped areas.
d. Install city approved wetland buffer signs at the edge of the wetland buffer that
notifies that no building, mowing, cutting, grading, filling or dumping is allowed
within the buffer.
8. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or
welfare.
b. The above-required letter of credit or cash escrow is held by the City of
Maplewood for all required exterior improvements. The owner or contractor shall
complete any unfinished exterior improvements by June 1 of the following year if
occupancy of the building is in the fall or winter or within six weeks of occupancy
of the building if occupancy is in the spring or summer.
9. All work shall follow the approved plans. City staff may approve minor changes.
Seconded by Councilmember Juenemann Ayes – Acting Mayor Smith,
Council Members Abrams,
Juenemann and Xiong
The motion passed.
K. ADJOURNMENT
Acting Mayor Smith adjourned the meeting at 8:36 p.m.
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