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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. May 29, 2018 1 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 th 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. May 29, 2018 2 City Council Meeting Minutes 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. May 29, 2018 3 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. May 29, 2018 4 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: th 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 May 29, 2018 6 City Council Meeting Minutes 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 May 29, 2018 7 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 May 29, 2018 8 City Council Meeting Minutes 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 May 29, 2018 9 City Council Meeting Minutes 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 May 29, 2018 10 City Council Meeting Minutes 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. May 29, 2018 11 City Council Meeting Minutes 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 May 29, 2018 12 City Council Meeting Minutes 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. May 29, 2018 13 City Council Meeting Minutes 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. May 29, 2018 14 City Council Meeting Minutes 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 City Council Meeting Minutes 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. May 29, 2018 22 City Council Meeting Minutes