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HomeMy WebLinkAbout2019-10-28 City Council Meeting MinutesA. C. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 28, 2019 City Hall, Council Chambers Meeting No. 20-19 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 p.m. by Mayor Abrams. Mayor Abrams reported on a visit from nine distinguished women leaders from around the world that are part of the International Visitors Leadership Program through the State Department. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Sylvia Neblett, Councilmember Present Bryan Smith, Councilmember Present APPROVAL OF AGENDA The following items were added to the agenda under Council Presentation: Memory of a Past Police Chief Scott County Association for Leadership & Efficiency (SCALE) Rice-Larpenteur Alliance Meeting Celebration with Metcalf Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Smith Ayes — All The motion passed. E. APPROVAL OF MINUTES 1. October 14, 2019 City Council Meeting Minutes Councilmember Knutson moved to approve the October 14, 2019 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes — All The motion passed. October 28, 2019 1 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave an update to the council calendar; reviewed other topics of concern or interest requested by councilmembers; and gave an overview of upcoming events in the community. 2. Council Presentations Memory of a Past Police Chief Councilmember Juenemann reported that former Police Chief Ken Collins has passed away. Housing Event in Roseville Councilmember Juenemann announced a meeting about housing in the area, called "A Place for Everyone" will take place at Centennial United Methodist Church in Roseville. Scott County Association for Leadership & Efficiency (SCALE) Councilmember Neblett reported on the Scott County Association for Leadership & Efficiency meeting she attended. Celebration with Metcalf Mayor Abrams reported on Metcalf Moving and Storage 100 Year Celebration. Rice-Larpenteur Alliance Meeting Mayor Abrams reported on the Rice-Larpenteur Alliance Meeting she attended. 3. Resolution for Commissioner Appointments City Manager Coleman gave the results of the Commissioner Appointment Interviews that took place during the Council Workshop Meeting earlier in the evening. Councilmember Smith moved to approve resolution to appoint the candidates to the commissions. Resolution 19-10-1748 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: Environmental & Natural Resources Commission (one opening) October 28, 2019 2 City Council Meeting Minutes Matthew Arnett term expires September 30, 2020 Parks & Recreation Commission (one opening) Karen Poppa term expires April 30, 2022 Seconded by Councilmember Neblett Ayes — All The motion passed. G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G7 was highlighted. Councilmember Juenemann moved to approve agenda items G1 -G12. Seconded by Councilmember Smith Ayes — All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 910,116.99 Checks #104413 thru #104447 dated 10/15/19 $ 329,820.31 Disbursements via debits to checking account dated 10/07/19 thru 10/11/19 $ 320,160.79 Checks # 104448 thru #104481 dated 10/22/19 $ 423,219.30 Disbursements via debits to checking account dated 10/15/19 thru 10/18/19 $ 1,983,317.39 Total Accounts Payable PAYROLL $ 568,894.95 Payroll Checks and Direct Deposits dated 10/18/19 $ 3,233.96 Payroll Deduction check # 99103945 thru # 99103949 dated 10/18/19 October 28, 2019 3 City Council Meeting Minutes $ 572,128.91 Total Payroll $ 2,555,446.30 GRAND TOTAL Seconded by Councilmember Smith Ayes — All The motion passed. 2. Close Funds Councilmember Juenemann moved to approve the transfers dated 9/30/2019 to close obsolete funds and authorize the Finance Director to make the necessary accounting entries_ Seconded by Councilmember Smith Ayes — All The motion passed. 3. 2020 SCORE Funding Grant Application Councilmember Juenemann moved to approve the 2020 SCORE Funding Grant Application. Seconded by Councilmember Smith Ayes — All The motion passed. 4. Conditional Use Permit Amendment Resolution, Automotive Technology School, 2525 White Bear Avenue North Councilmember Juenemann moved to approve the conditional use permit amendment resolution for an automotive technology school to be located at 2525 White Bear Avenue North. Resolution 19-10-1740 Conditional Use Permit Amendment Resolution WHEREAS, Bernard Mordorski, has applied for a conditional use permit amendment for an automotive technology school at the Maplewood Place Retail Center. WHEREAS, conditional use permits are required for any institution of an educational nature within the City of Maplewood according to section 44-1092. WHEREAS, this permit applies to the site at 2525 White Bear Avenue North. The legal description is: Lot I, Block 1, Maple Ridge Mall, according to the recorded plat thereof, Ramsey County, Minnesota, together with that part of Lot 2, said Block I, lying north of the westerly extension of the south line of said Lot 1. (PIN 11-29-22-22-0042) October 28, 2019 4 City Council Meeting Minutes WHEREAS, the history of this conditional use permit is as follows: On October 15, 2019, the planning commission held a public hearing and recommended that the city council approve this permit. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning also considered reports and recommendations of the city staff. 2. On October 28, 2019, the city council discussed this proposal. The council 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 this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. The property owner shall comply with the signage requirements of the city code and the auto center's sign criteria. October 28, 2019 5 City Council Meeting Minutes 2. Fire protection systems (fire extinguishers and a sprinkler system) shall meet all requirements of the code. These systems shall be approved and installed before the applicant begins his business. 3. All vehicles on-site shall be operational. 4. Ensure that there is no illegal parking on the site including no parking on the grass and no stacking of vehicles (i.e., two vehicles to one stall). 5. Ensure that the entire site is cleared of trash including all illegally dumped material located within the drainage ditch behind the auto mall. 6. Ensure that trash dumpsters are placed inside enclosures at all times. 7. Ensure that the site is in compliance with the city's temporary sign ordinance including obtaining a sign permit for all temporary signs over 12 square feet and only allowing one temporary sign per business located within the center. 8. Ensure that all landscaped areas are maintained including removing all weeds from the landscaped area around the base of the center's pylon sign. 9. There shall be no parting -out of vehicles outside the building and left in the parking lot. 10. Auto salvage businesses are prohibited from operating at this site. 11. The parking lot shall be kept clear of junk and dirt. 12. All service work that is needed on vehicles shall be completed inside a proper service garage. All garage doors shall be closed anytime vehicle repair work is in progress. 13. There shall be an after-hours contact person on record with the city's emergency dispatcher. 14. If the building occupancy changes, the property owner shall comply with all applicable code requirements relative to the new building use. A building permit may then be required. 15. Verify that the parking on-site does not obstruct fire department access for their trucks. 16. The applicant must submit to staff an updated parking plan for the site. A parking plan needs to be filed with city staff at all times indicating the property is meeting the minimum parking requirements and how the spaces are allocated to each tenant. A new parking plan shall be filed any time a suite changes use or the building is physically altered in any way. A new plan shall be filed with the city reflecting the expansion of the existing parking lot. 17. Parking in the center of the canopy, adjacent to the 2529 building, shall be for inventory only. A no customer parking sign shall be posted October 28, 2019 6 City Council Meeting Minutes 18. The property owner shall provide city staff a plan for trash removal or design plans for a new enclosed structure for the 2529 building, subject to the city's design review process. 19. The property owner or manager is responsible for compliance of all conditions listed in this permit. If any tenant is found out of compliance the city will notify the property owner or manager in order to rectify the situation. 20. The expanded nonconforming parking lot shall maintain its existing setback. 21. The applicant shall comply with all requirements of the building official. 22. The city council shall review this permit in one year. Seconded by Councilmember Smith Ayes — All The motion passed. 5. Strategic Plan Update for Third Quarter 2019 Councilmember Juenemann moved to approve the Strategic Plan Update for Third Quarter of 2019. Seconded by Councilmember Smith Ayes — All The motion passed. 6. Professional Services Agreement with Wold Architects and Engineers to Conduct a Fire Station Needs Assessment and Design Recommendations Councilmember Juenemann moved to approve the professional services agreement with Wold Architects and Engineers to conduct a fire station needs assessment and design recommendations. Seconded by Councilmember Smith Ayes — All The motion passed. 7. Resolution Accepting Donation from James and Amy Krohn Councilmember Juenemann moved to approve the resolution accepting a donation in the amount of $50.00 from James and Amy Krohn and to authorize the Finance Director to increase the Youth Scholarship Fund budaet by that amount: $50.00. Resolution 19-10-1741 Acceptance of Donation WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $50.00 in support of the department; October 28, 2019 7 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Seconded by Councilmember Smith Ayes — All The motion passed. 8. Purchase of Three Tilt -Deck Trailers Councilmember Juenemann moved to approve the purchase of three Tilt -Deck Trailers and direct the Mayor and City Manager to enter into contracts with Titan Machinery under MN State Contract #T-603(5) in the amount of $21,513.70 and Johnson Trailer Company for $6,359.00. Seconded by Councilmember Smith Ayes — All The motion passed. 9. Purchase of One Single Axle Plow Truck Councilmember Juenemann moved to approve the purchase of one single axle plow truck and direct the Mayor and City Manager to enter into a contract with Nuss Truck and Equipment for the purchase under MN State Contract #124649 in the amount of $114,141.00 and a contract with Towmaster Truck Equipment under MN State Contract #67105 in the amount of $122.535.00. Seconded by Councilmember Smith Ayes — All The motion passed. 10. Resolution for Receipt of Special Assessment Deferment Paperwork Relating to City Projects 18-01 Ferndale -Ivy Area Street Improvements and 18-27 Mailand-Crestview Forest Area Street Improvements Councilmember Juenemann moved to approve the resolution for receipt of special assessment deferment paperwork relating to City projects 18-01 Ferndale - Ivy Area Street Improvements and 18-27 Mailand — Crestview Forest Area Street Improvements. Resolution 19-10-1742 Resolution for Receipt of Special Assessment Deferment Paperwork Relating to City Projects 18-01 Ferndale — Ivy Area Street Improvements and 18-27 Mailand-Crestview Forest Area Street Improvements WHEREAS, pursuant to resolutions passed by the City Council on May 13, 2019, the assessment roll for the Ferndale - Ivy Area Street Improvements, City Project 18-01, and Mailand — Crestview Forest Area Street Improvements, City Project 18-27 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, and the City Council granted October 28, 2019 City Council Meeting Minutes deferral requests according to the Resolution Adopting the Revised Assessment Rolls for subject projects on May 28, 2019 with the condition that the necessary be submitted to the City and approved. WHEREAS, the necessary paperwork and forms were returned by four property owners as follows for City Project 18-01: 1. 1216 Ferndale Street North (granted a senior citizen deferral which equates to $4,539.37 and will come due with accumulated interest at the end of the deferral period). 2. 1276 Ferndale Street North (granted a financial hardship deferral which equates to $4,539.37 and will come due with accumulated interest at the end of the deferral period). 3. 1274 Dennis Street North (granted a financial hardship deferral which equates to $4,206.40 and will come due with accumulated interest at the end of the deferral period). 4. 1215 Ferndale Street North, Unit A18 (granted a senior citizen deferral which equates to $680.10 and will come due with interest at the end of the deferral period). WHEREAS, the necessary paperwork and forms were returned by zero property owners for City Project 18-27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that assessment deferrals listed herewith are ratified and approved based on paperwork that was submitted to the City in accordance with the original resolution adopted on May 13, 2019. And furthermore the City Engineer and/or City Clerk are hereby instructed to make the following adjustments to the assessment rolls in accordance to the original resolutions adopted on May 13, 2019. CITY PROJECT 18-01 1) Parcel 242922440048 — Paul Beaumont, 1216 Ferndale Street North. It is currently proposed that the property be assessed for 1 unit at a rate of $4,539.37 per unit. Mr. Beaumont is requesting a senior citizen/financial hardship deferral. Staff recommendation is to grant a senior citizen or financial hardship 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 come due with accumulated interest at the end of the deferral period. 2) Parcel 242922440024 — Loretta Vogel, 1276 Ferndale Street North. It is currently proposed that the property be assessed for 1 unit at a rate of $4,539.37 per unit. Ms. Vogel is requesting a cancellation of assessment or financial hardship deferral. Staff recommendation is to deny a cancellation or revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship 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 October 28, 2019 9 City Council Meeting Minutes come due with accumulated interest at the end of the deferral period. 3) Parcel 242922440111 — Susan Vik, 1274 Dennis Street North. It is currently proposed that the property be assessed for 1 unit at a rate of $4,206.40 per unit. Ms. Vik is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship 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 come due with accumulated interest at the end of the deferral period. 4) Parcel 242922430020 — Joan Kaiser, 1215 Ferndale Street North, Unit A18. It is currently proposed that the property be assessed for 1 unit at a rate of $680.10 per unit. Ms. Kaiser 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 come due with accumulated interest at the end of the deferral period. Seconded by Councilmember Smith Ayes — All The motion passed. 11. Resolution Approving Cost Share Agreement with the Metropolitan Council for Inflow/Infiltration Improvements Councilmember Juenemann moved to approve the resolution for the approval of cost share agreement with the Metropolitan Council for inflow/infiltration improvements. Resolution 19-10-1743 Approval of Cost Share Agreement with the Metropolitan Council for Inflow/Infiltration Improvements WHEREAS, the City Council of Maplewood, Minnesota has heretofore approved the cost share agreement between the City of Maplewood and the Metropolitan Council for inflow/infiltration improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor and City Manager is hereby authorized to enter into the cost share agreement. Seconded by Councilmember Smith Ayes — All The motion passed. 12. Storage Lease Agreement with Century College for the Storage of One Fire Truck October 28, 2019 10 City Council Meeting Minutes Councilmember Juenemann moved to approve the rental agreement with Century College. Seconded by Councilmember Smith Ayes — All The motion passed. H. PUBLIC HEARINGS — If you are here fora Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None UNFINISHED BUSINESS Recycling Cart Purchase Analysis Community Development Director Thomson gave the report. No action was taken by the council. J. NEW BUSINESS Frost English Village, Commercial Retail Building, 1905 English Street North a. Conditional Use Permit Resolution b. Lot Division c. Design Review Community Development Director Thomson gave the report. Andy Bollig with Sherman Associates addressed the council to give additional information. Commissioner Kempe gave the reports from the Community Design Review Board and Planning Commission. Councilmember Smith moved to approve the conditional use permit resolution for a drive-through window and increased building setback within the mixed-use zoning district for a new commercial retail buildina at 1905 Enalish Street North. Resolution 19-10-1744 Conditional Use Permit Resolution WHEREAS, Shane LaFave, of Sherman Associates, has applied for a conditional use permit for a commercial building with a drive-through, an increased front -yard setback and a parking waiver in a MU (mixed use) district. WHEREAS, Section 44-680 of the city ordinances requires a conditional use permit for buildings with a drive-through and section 44-681 for buildings with an increased front yard setback in a MU (mixed use) zoning district. October 28, 2019 11 City Council Meeting Minutes WHEREAS, this permit applies to the property located at 1905 English Street North. The legal description of the property is: Lot 3, Block 1, The Villages at Frost -English, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: On October 15, 2019, 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. 2. On October 28, 2019, 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. October 28, 2019 12 City Council Meeting Minutes Approval is subject to the following conditions: 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. A drive-through is approved on the east elevation of the new commercial building. All noise, lighting and sign code requirements must be met. 5. The phase three building is approved with an increased Frost Avenue front yard setback which is not to exceed 20 feet. 6. A parking waiver of 17 spaces is allowed. This waiver also includes the approval of the use of shared parking of 24 parking spaces that were built with the phase two senior housing project. 7. Cross -access, maintenance and parking agreements between Phases 1, 2 and 3 are required. A copy of all executed and recorded documents shall be submitted to the city. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Smith moved to approve the lot division request to combine the parcels located at 1281 Frost Avenue East and 1905 English Street North subject to the following conditions: 1. Prior to issuance of a certificate of occupancy for the new commercial building the following must be submitted to staff for approval: a. Proof that Ramsey County has recorded the lot division. b. Copies of all executed and recorded parking and access easement agreements between the three phases of Frost English Village Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Smith moved to approve the design plans date-stamped October 1, 2019 for the 8.288-sauare-foot buildina to be constructed at 1905 Enalish Street North 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. October 28, 2019 13 City Council Meeting Minutes 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report dated October 4, 2019. 4. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 5. All rooftop equipment shall be screened. 6. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A photometric plan meeting all code requirements. b. Revised building elevations showing an increase of primary building materials and decrease of secondary building materials as defined by the mixed use zoning district. The revised building elevations must include an extension of brick at all pilasters to the bottom of the parapet. c. The applicant shall provide the city with 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. d. Submit elevations for a trash and recycling enclosure. e. Submit a revised site plan with a building setback of 20 feet from Frost Avenue. 7. The applicant shall complete the following before occupying the building: 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 all required outdoor lighting. e. Install all required sidewalks and trails. 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 October 28, 2019 14 City Council Meeting Minutes 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. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. Carver Elementary School Addition and Remodel, 2680 Upper Afton Road East a. Conditional Use Permit Amendment Resolution b. Design Review Community Development Director Thomson gave the report. Troy Miller with LHB Architects address the council to give additional information. Commissioner Kempe addressed the council to give the reports for the Community Design Review Board and Planning Commission. Councilmember Juenemann moved to approve the conditional use permit amendment resolution for a school in the farm residential zoning district for a building addition and remodel to Carver Elementary School located at 2680 Upper Afton Road East. Resolution 19-10-1745 Conditional Use Permit Amendment Resolution WHEREAS, Independent School District No. 622 is requesting that the City of Maplewood approve an amendment to its conditional use permit to allow a building addition and site plan changes. WHEREAS, this permit applies to the property located at 2680 Upper Afton Road. The legal description of the property is: Beginning at a point twenty (20) rods west of the Northeast comer of the North Half of the Southeast Quarter (N '/2 of the SE '/4) of Section One (1), Township twenty eight (28), Range Twenty two (22); thence South forty (40) rods; thence West forty (40) rods; thence North forty (40) rods; thence East forty (40) rods to the point of beginning. (PIN 1-28-22-41-0005) WHEREAS, the history of this conditional use permit is as follows: On October 15, 2019, 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. October 28, 2019 15 City Council Meeting Minutes 2. On October 28, 2019, 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. Approval is subject to the following conditions: 1. The city council shall review this permit in one year. 2. All construction shall follow the design plans approved by the city and date- stamped October 1, 2019. The director of community development may approve minor changes. 3. 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. 4. Comply with all city ordinance requirements for signage. October 28, 2019 16 City Council Meeting Minutes Seconded by Councilmember Neblett Ayes — All The motion passed. Councilmember Juenemann moved to approve the design plans date-stamped October 1, 2019 for the building addition and remodel to be constructed at 2680 Upper Afton Road East 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. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report dated October 4, 2019. 4. Meet all requirements in the environmental report dated October 14, 2019. 5. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 6. All rooftop equipment shall be screened. 7. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. Elevations for a trash and recycling enclosure. b. Revised site plan showing an 8 -foot -wide trail from the parking lot north of the building to the playground south of the building c. The applicant shall provide the city with 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. 8. The applicant shall complete the following before occupying the building: 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 all required outdoor lighting. e. Install all required sidewalks and trails. 9. If any required work is not done, the city may allow temporary occupancy if: October 28, 2019 17 City Council Meeting Minutes 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. 10. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Neblett Ayes — All The motion passed. 3. Elim Care Senior Housing Facility, 1534 County Road C East a. Comprehensive Plan Amendment Resolution b. Planned Unit Development Resolution c. Lot Division d. Design Review Community Development Director Thomson gave the report. Public Works Director Love answered questions of the council. Andrew Centanni with Elim Care addressed the council to give additional information. Commissioner Kempe addressed the council to give the reports for the Community Design Review Board and Planning Commission. Jon Addington with First Free Evangelical Church addressed the council to give additional information. Councilmember Smith moved to approve the comprehensive plan amendment resolution which approves a land use plan amendment from Low Density Residential to High Density Residential and Institutional for the 17.15 -acre parcel located at 1534 County Road C East. Resolution 19-10-1746 Comprehensive Plan Amendment Resolution WHEREAS, Andrew Centanni, on behalf of Elim Care, and First Evangelical Free Church, current owner of the properties located at 1448 and 1534 County Road C East, have requested a change to the City of Maplewood's land use plan from Low Density Residential to High Density Residential for the west 7.15 acres and Institutional for the east 10 acres of this overall 17.15 acre site. WHEREAS, this change applies to the properties located at 1448 and 1534 County Road C East. The legal description of the properties are: The N. 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, in Township 29 North, Range 22 West, Ramsey County, Minnesota, Except that part thereof described as follows: The South 105 feet of the North 395 feet of the West 207.5 feet of the East 867.3 feet of the North 20 acres of the East 1/2 of the Northwest October 28, 2019 18 City Council Meeting Minutes 1/4 of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota and the South 103 feet of the North 393 feet of the West 207.5 feet of the East 659.8 feet of the North 20 acres of the East 1/2 of the Northwest 1/4, Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, excepting from the conveyance all existing railroad right-of-way and railroad easements. AND The South 105 feet of the North 395 feet of the West 207.5 feet of the East 867.3 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, Township 29, Range 22, Ramsey County, Minnesota. AND The South 103 feet of the North 393 feet of the West 207.5 feet of the East 659.5 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 Section 10, Township 29, Range 22, together with an easement for road purposes over the West 30 feet of the East 615 feet of the North 290 feet of said North 20 acres of the East 1/2 of the Northwest 1/4, Section 10, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this change is as follows: 1. On October 15, 2019, 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 October 28, 2019, the city council discussed the land use plan change They considered reports and recommendations from the planning commission and citystaff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above described change for the following reasons: 1. A goal of the Maplewood 2040 Comprehensive Plan is to encourage infill development to be sensitively designed to fit within the existing neighborhood. 2. A goal of the Maplewood 2040 Comprehensive Plan is to promote the availability of a full range of services and facilities for its residents, and the improvement of, access to, and linkage between housing and development. 3. A goal of the Maplewood 2040 Comprehensive Plan is to ensure the City has a variety of housing types for ownership and rental for people in all stages of their life cycle. October 28, 2019 19 City Council Meeting Minutes This land use plan amendment is subject to approval by the Metropolitan Council. Seconded by Councilmember Juenemann Ayes — 4 Abstain — Councilmember Knutson due to a business relationship The motion passed. Councilmember Smith moved to approve the conditional use permit for a planned unit development resolution which approves a four-story, 141 -unit senior housing building to be constructed at 1534 County Road C East. Resolution 19-10-1747 Conditional Use Permit for a Planned Unit Development Resolution WHEREAS, Andrew Centanni, on behalf of Elim Care, has applied for a conditional use permit for a planned unit development for its proposed 141 -unit senior housing facility to be located at 1534 County Road C East. WHEREAS, a future use as part of this property is a church which will be built at a later date and Section 44-1092 requires a conditional use permit for churches. WHEREAS, the existing use of community gardens will remain in place east of the new senior housing facility and Section 18-612 requires a conditional use permit for community gardens more than one acre in size. WHEREAS, Section 44-1092 of the city ordinances requires a conditional use permit for planned unit developments built within the City of Maplewood. WHEREAS, this permit applies to the existing properties located at 1448 and 1534 County Road C East. The legal description of the properties are: The N. 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, in Township 29 North, Range 22 West, Ramsey County, Minnesota, Except that part thereof described as follows: The South 105 feet of the North 395 feet of the West 207.5 feet of the East 867.3 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota and the South 103 feet of the North 393 feet of the West 207.5 feet of the East 659.8 feet of the North 20 acres of the East 1/2 of the Northwest 1/4, Section 10, Township 29 North, Range 22 West, Ramsey County, Minnesota, excepting from the conveyance all existing railroad right-of-way and railroad easements. _►9 The South 105 feet of the North 395 feet of the West 207.5 feet of the East 867.3 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 of Section 10, Township 29, Range 22, Ramsey County, Minnesota. _►9 October 28, 2019 20 City Council Meeting Minutes The South 103 feet of the North 393 feet of the West 207.5 feet of the East 659.5 feet of the North 20 acres of the East 1/2 of the Northwest 1/4 Section 10, Township 29, Range 22, together with an easement for road purposes over the West 30 feet of the East 615 feet of the North 290 feet of said North 20 acres of the East 1/2 of the Northwest 1/4, Section 10, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 3. On October 15, 2019, 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. 4. On October 28, 2019, 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. October 28, 2019 21 City Council Meeting Minutes 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 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. This approval permits the project's studio units to have a minimum of 395 square feet of floor area and the skilled nursing and transitional care units to have a minimum of 380 square feet of floor area. 5. This approval permits the project to build a 40 -foot tall senior housing building. All requirements of the fire department must be met in the construction of this building. 6. This approval permits the project to provide 63 underground parking stalls and 74 surface parking stalls - a waiver of 145 spaces. If a parking shortage develops the applicant shall be required by the city to provide additional surface parking on the future church site to the east. 7. This permit approves a parking waiver for a senior housing facility. If this use is proposed to be converted to any other type of use this PUD must be amended to address parking requirements. 8. The future church building is not approved. This PUD must be revised to approve the future church. 9. The 10 acre parcel that will be the future home to a new church is approved for the use of community gardens. This community garden must adhere to all the requirements in Section 18-611. 10. Cross -access, maintenance and parking agreements between the two created parcels are required. A copy of all executed and recorded documents shall be submitted to the city. 11. All signage for this site and the future church site must be approved by the Community Design Review Board in a comprehensive sign plan. 12. Comply with all city ordinance requirements for signage and parking. Seconded by Councilmember Juenemann Ayes — 4 Abstain — Councilmember Knutson due to a business relationship The motion passed. October 28, 2019 22 City Council Meeting Minutes Councilmember Smith moved to approve the lot division request to divide the parcels located at 1534 County Road C East and 1448 County Road C East into two lots for the senior housina Droiect and future church site subiect to the followina conditions: 1. A revised survey shall be submitted to staff for approval showing the 0.20 acre portion west of the Bruce Vento Trail combined with the parcel comprising the senior housing facility. 2. A revised survey shall be submitted to staff for approval showing an additional three feet of right of way be dedicated to the County Road C East right-of-way in order to conform with Ramsey County's Major Street Plan 3. Prior to issuance of a certificate of occupancy for the new commercial building the following must be submitted to staff for approval: a. Proof that Ramsey County has recorded the lot division Seconded by Councilmember Juenemann Ayes — 4 Abstain — Councilmember Knutson due to a business relationship The motion passed. Councilmember Smith moved to approve the design plans date-stamped October 1, 2019 for the 141 -unit senior housing building to be constructed at 1534 County Road East subiect to the aaDlicant doina the followina: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report, dated October 5, 2019. 4. Meet all requirements in the environmental report, dated October 8, 2019. 5. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 6. All rooftop equipment shall be screened. 7. Signage for this site requires an approved comprehensive sign plan. 8. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A photometric plan that meets all city requirements. b. Payment to the city's tree fund to meet the requirements of the city's tree replacement code. October 28, 2019 23 City Council Meeting Minutes c. The applicant shall provide the city with 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. d. Provide staff a site plan with a minimum of 50 proof -of -parking spaces. 9. The applicant shall complete the following before occupying the building: 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 all required outdoor lighting. e. Install all required sidewalks and trails. f. Cross -access, maintenance and parking agreements between the two created parcels are required. A copy of all executed and recorded documents shall be submitted to the city. g. Remove all unused curb cuts on County Road C East and restore to a continuous concrete curb per Ramsey County requirements. 10. 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. 11. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes — 4 Abstain — Councilmember Knutson due to a business relationship The motion passed. 4. Harvest Park Master Plan a. Preparation of the Park Master Plan b. Professional Design Services by LHB, Inc. October 28, 2019 24 City Council Meeting Minutes Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the preparation of the park master plan for Harvest Park. Seconded by Councilmember Neblett Ayes — All The motion passed. Councilmember Juenemann moved to approve the use of LHB, Inc. for professional design services and to further authorize the Mayor and the City Manager to sign the attached work order with LHB, Inc. Seconded by Councilmember Neblett Ayes — All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:18 p.m. October 28, 2019 25 City Council Meeting Minutes