Loading...
HomeMy WebLinkAbout2020-03-09 City Council Meeting MinutesA C MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 9, 2020 City Hall, Council Chambers Meeting No. 05-20 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Abrams. Mayor Abrams reported on the coronavirus. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Kathleen Juenemann, Councilmember William Knutson, Councilmember Sylvia Neblett, Councilmember Bryan Smith, Councilmember APPROVAL OF AGENDA Maplewood Public Safety Citizens Academy Spring Clean Up Tree Sale Senate Testimony Fix It Clinic Present Present Absent Present Present Councilmember Neblett moved to approve the agenda as amended. Seconded by Councilmember Smith The motion passed. E. APPROVAL OF MINUTES Ayes — All 1. February 24, 2020 City Council Workshop Minutes Councilmember Neblett moved to approve the February 24, 2020 City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. February 24, 2020 City Council Meeting Minutes Councilmember Neblett moved to approve the February 24, 2020 City Council Meeting March 9, 2020 City Council Meeting Minutes 1 Minutes as submitted. Seconded by Councilmember Juenemann Ayes — All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave 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 Spring Clean Up Councilmember Juenemann reminded residents that the Spring Clean Up will be held in April. Maplewood Public Safety Citizens Academy Councilmember Juenemann reported that Maplewood will be having Public Safety Citizens Academy. Commander Shortreed gave additional information about the academy. Tree Sale Mayor Abrams reported on the tree sale through the City and issues with the current trees in Maplewood. Senate Testimony Mayor Abrams reported that she will be testifying at the State Senate on the construction sales tax exemption for a proposed fire station. Fix It Clinic Councilmember Neblett reported on the Fix It Clinic that will take place at the Ramsey County Library in Maplewood. 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 items G5 was pulled for questions and G8 was highlighted. March 9, 2020 2 City Council Meeting Minutes Councilmember Juenemann moved to approve agenda items G1-G8. Seconded by Councilmember Neblett Ayes — All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 773,224.26 Checks #105119 thru #105171 dated 02/25/20 $ 664,925.52 Disbursements via debits to checking account dated 02/18/20 thru 02/21/20 $ 479,638.32 Checks # 105172 thru #105203 dated 03/03/20 $ 441,795.57 Disbursements via debits to checking account dated 02/24/20 thru 02/28/20 $ 2,359,583.67 Total Accounts Payable PAYROLL $ 614,343.40 Payroll Checks and Direct Deposits dated 02/21/20 $ 2,258.35 Payroll Deduction check # 99104103 thru # 99104105 dated 02/21/20 $ 616,601.75 Total Payroll $ 2,976,185.42 GRAND TOTAL Seconded by Councilmember Neblett Ayes — All The motion passed. 2. Conditional Use Permit Review, Wakefield Park Community Building, 1860 Hazelwood Street Councilmember Juenemann moved to approve the CUP review for the Wakefield Park Community Building at 1860 Hazelwood Street and review the project again in one year. Seconded by Councilmember Neblett Ayes — All The motion passed. 3. Dark Fiber Lease Agreement with Comcast March 9, 2020 3 City Council Meeting Minutes Councilmember Juenemann moved to approve the agreement with Comcast for dark fiber use. Seconded by Councilmember Neblett Ayes — All The motion passed. 4. Local Lawful Gambling Permit for Knights of Columbus #4374, 1695 Kennard Street Councilmember Juenemann moved to approve the Local Lawful Gambling permit for the Knights of Columbus #4374 for their event on March 21, 2020. Seconded by Councilmember Neblett Ayes — All The motion passed. 5. Off -Sale Intoxicating Liquor License for Van Cambo Inc. d/b/a Big Discount Liquors, 2520 White Bear Avenue North City Clerk Sindt gave the staff report. Owner Vannoeun Grave addressed the council to answer questions of the council. Councilmember Juenemann moved to approve the Off -Sale Intoxicating Liquor license for Van Cambo Inc. d/b/a Big Discount Liquors located at 2520 White Bear Avenue North. Seconded by Councilmember Neblett Ayes — All The motion passed. 6. Authorize Bituminous Material Purchases for 2020 Season Councilmember Juenemann moved to approve the Street Superintendent to purchase bituminous materials in an amount up to $80,000 for the 2020 street maintenance season. Seconded by Councilmember Neblett Ayes — All The motion passed. 7. Authorize Ramsey County Public Works to Perform 2020 Street Striping Councilmember Juenemann moved to approve Ramsey County Public Works to perform City pavement striping needs, in an amount estimated at $28,000. Seconded by Councilmember Neblett Ayes — All The motion passed. March 9, 2020 4 City Council Meeting Minutes 8. Resolution Accepting Donations for the Nature Explorers Program Councilmember Juenemann moved to approve the resolution accepting donations in the amount of $550.00 from various donors, named in the resolution. Resolution 20-03-1789 Acceptance of Donation WHEREAS the City of Maplewood and the Nature Center have received donations totaling $550.00 for the Nature Center Explorers fund from: Alitz, Robert $100 Beardsley, James $100 Henseler, David $50 Jacobson, Kathy $25 Jensen, Robert $100 Johnson, Camille $25 Paulseth, Ellen $50 Quarderer, Linda $100 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 Neblett 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. Menard Inc., 2280 Maplewood Drive a. Public Hearing 7:00 pm b. Comprehensive Plan Amendment Resolution (Requires 4 Council Votes) c. Zoning Map Amendment Ordinance (Requires 4 Council Votes) d. Conditional Use Permit Amendment, Setback Variances and Shoreland Overlay Impervious Surface Variance Resolution e. Design Review and Lot Division Resolution f. Public Utility Easements Vacation Resolution Community Development Director Thomson gave the presentation. Mayor Abrams opened the public hearing. The following people spoke: 1. Judy Zelinski, 379 Eldridge Street E (re: 2255 Duluth Street) 2. Jean Anderson, 2255 Duluth Street (read by Judy) March 9, 2020 5 City Council Meeting Minutes 3. Kevin Pranis, Laborers' International Union of North America 4. Samantha Crosby, 1133 County Road B E 5. Debra Dupre, 1071 County Road B E 6. Cathy Dupre, 1071 County Road B E 7. Todd Much, Apple Valley 8. Taryn Fischbach, 1127 County Road B E 9. James Eng, North St. Paul Mayor Abrams closed the public hearing. Staff answered questions asked during the public hearing James Lamar, Community Design Review Board Commissioner addressed the council to give the CDRB report. Nick Brenner, Corporate Counsel/Real Estate Representative with Menard, Inc. addressed the council to give additional information about the project. Travis Zimmerman, General Manager at Maplewood Menards addressed the council to answer questions. Councilmember Smith moved to approve the resolution for a comprehensive plan amendment reauidina the residential Droperties from Low Densitv Residential to Mixed - Use — Communit Resolution 20-03-1790 Comprehensive Plan Amendment Resolution Resolution approving the comprehensive plan amendment reguiding the properties at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East from Low Density Residential, to Mixed -Use — Community. Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Nicholas Brenner of Menard, Inc. has requested approval of a comprehensive plan amendment. 1.02 The properties are is located at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East and are legally described as: PIN: 092922430011 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430010 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430009 — The West 62 ft. of the East 594 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota March 9, 2020 6 City Council Meeting Minutes AND PIN: 092922430008 —The West 52 ft. of the East 532 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430007 — The West 171 ft. of the East 480 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430006 — The West 147 ft. of the East 309 ft. of Block 9, Clifton Addition, Ramsey, County, Minnesota. Section 2. Criteria. 2.01 The 2040 Comprehensive Plan states the document may require amending due to a property owner request to change land use designation to allow a proposed development or redevelopment. 2.02 The 2040 Comprehensive Plan amendment process follows the same City identified public hearing process as the major update process used to develop the 2040 Comprehensive Plan. Amendments are required to submit and gain approval from the Metropolitan Council. Section 3. Findings 3.01 The requested amendment would meet various amendment criteria outlined in the 2040 Comprehensive Guide Plan. 1. Promote the revitalization of neighborhood retail shopping centers and corridors and surrounding areas as mixed -use nodes that enhance the vitality of particular neighborhoods in Maplewood from the perspectives of economic development and community character. 2. Promote the efficient retention and redevelopment of commercial and industrial areas in the city as high quality and attractive developments and land uses. 3. Encourage attractive commercial and industrial developments. Section 4. City Review Process 4.01 The City conducted the following review when considering this amendment request. 1. On January 21, 2020, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission March 9, 2020 7 City Council Meeting Minutes gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive plan amendment. 2. On March 9, 2020, the city council discussed the comprehensive plan amendment. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The above described comprehensive plan amendment is approved based on the findings outlined in section 3 of this resolution. Approval is subject to, and only effective upon, the following conditions: Review and approval of the Metropolitan Council as provided by state statute. 2. The site must be developed and maintained in substantial conformance with the following plans: a. Site plan, date -stamped February 6, 2020. b. Design plans, date -stamped December 24, 2019. 3. The development must further comply with all conditions outlined in City Council Resolution No. 20-03-1791 for a conditional use permit amendment, setback variances and shoreland overlay variance approved by the Maplewood City Council on March 9, 2020. Seconded by Councilmember Neblett Ayes — All The motion passed. Councilmember Smith moved to approve the ordinance amending the City's zoning map to rezone the residential properties from R-1, single dwelling to M-1, light manufacturing. Ordinance 1010 Ordinance Rezoning the Properties at 1115, 1127, 1133, 1137, 1143 AND 1155 County Road B East From R-1, Single Dwelling Residential District, to M-1, Light Manufacturing The City Of Maplewood, Minnesota Ordains: Section 1. 1.01 The properties at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East are hereby rezoned from R-1, single dwelling residential district, to M-1, light manufacturing. 1.02 The properties are legally described as: March 9, 2020 City Council Meeting Minutes PIN: 092922430011 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota _►9 PIN: 092922430010 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota _►9 PIN: 092922430009 — The West 62 ft. of the East 594 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430008 — The West 52 ft. of the East 532 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430007 — The West 171 ft. of the East 480 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430006 — The West 147 ft. of the East 309 ft. of Block 9, Clifton Addition, Ramsey, County, Minnesota. Section 2. 2.01 This ordinance is based on the following findings: 1. The rezoning to M-1, light manufacturing would result in a development compatible with the existing surrounding development type and intensity. 2. The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive guide plan. 3. The rezoning would be consistent with the public health, safety, and welfare. 2.02 This ordinance is subject to the following conditions: 1. The site must be developed and maintained in substantial conformance with the following plans: a. Site plan, date -stamped February 6, 2020. b. Design plans, date -stamped December 24, 2019. March 9, 2020 9 City Council Meeting Minutes 2. Metropolitan Council approval of Resolution No. 20-03-1790 for a comprehensive plan amendment approved by the Maplewood City Council on March 9, 2020. 3. The development must further comply with all conditions outlined in City Council Resolution No. 20-03-1791 for a conditional use permit amendment, setback variances and shoreland overlay variance approved by the Maplewood City Council on March 9, 2020. Section 3. This ordinance is effective upon publication in the city's official newspaper. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Smith moved to approve the resolution vacating public utility easements. Resolution 20-03-1793 Vacation of Public Utility Easements Within the Properties Located at 2280 Maplewood Drive and 1155 County Road B East Resolution Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Nicholas Brenner of Menard, Inc. has petitioned the Maplewood City Council to vacate public utility easements located within the properties located at 2280 Maplewood Drive and 1155 County Road B East. 1.02 The easement areas are legally described as follows, to wit: The South fifty feet of the East fifty-three feet of the West five hundred thirty-eight feet (S.50 of E.53 of W.538); and also, the South twenty feet of the West four hundred eighty-five feet (S.20 of W.485); of Block Ten (10), Clifton Addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County; Also, The West thirty feet of the West one hundred forty-seven feet of the East three hundred nine feet (W.30 of W.147 of E.309) of Block Nine (9), Clifton Addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, subject to streets. 1.03 A hearing notice on said petition was published in the City of Maplewood's official newspaper and written notice was mailed to the property owners within 500 feet of subject properties. 1.04 On March 9, 2020 the City Council held a hearing on such petition, at March 9, 2020 10 City Council Meeting Minutes which time all persons for and against the granting of said petition were heard. Section 2. Standards 2.01 Minnesota state statutes requires that no vacation shall be made unless it appears in the interest of the public to do so. Section 3. Findings. 3.01 The Maplewood City Council makes the following findings: 1. There is no anticipated public need for the utility easements. 2. The vacation is not counter to the public interest. 4.01 The city council vacates the above -described public utility easements, subject to the following conditions: 1. Metropolitan Council approval of Resolution No. 20-03-1790 for a comprehensive plan amendment approved by the Maplewood City Council on March 9, 2020. 2. This vacation is only valid upon the properties being developed and maintained in substantial conformance with the following plans: a. Site plan, date -stamped February 6, 2020. b. Design plans, date -stamped December 24, 2019. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Smith moved to approve the resolution for a conditional use permit amendment. setback variances and shoreland overlav imaervious surface variance with the snow storage condition of no storage within the south side of the property, south of the parking lot, not next to residential, not within the drive aisles, and only within the 35 stalls on the north side of the Darkina lot adiacent to Maplewood Drive as Iona as there is no parking along Maplewood Drive Resolution 20-03-1791 Conditional Use Permit Amendment, Setback Variances and Shoreland Overlay Variance Resolution BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Nicholas Brenner of Menard, Inc. has requested approval of a condition use permit amendment. March 9, 2020 11 City Council Meeting Minutes 1.02 The applicant has requested approval of multiple setback variances. 1.03 The application has requested approval of a shoreland overlay impervious surface variance. 1.04 The property located at 2280 Maplewood Drive is legally described as: That certain triangle of land situated in the Southwest quarter of Section 9, Township 29, Range 22, described as follows to wit: Commencing at a point on the East line of the Southwest quarter of said Section 9 at its intersection with the easterly line of United States Highway No. 61, as widened; thence South on the East line of said Southwest quarter to a point 100 feet North of the North line of County Road "B" thence West and parallel with the North line of said County Road "B" to the Easterly line of United States Highway No. 61, as widened; thence Northeasterly along the Easterly line of said United States Highway No. 61, as widened, to the point of beginning. Less and except that part of the Southwest Quarter of Section 9, Township 29, Range 22, described as follows: Commencing at the intersection of the east line of said Southwest Quarter and a line parallel with, distant 100.00 feet north of the north right of way line of County Road B; thence North 00 degrees 09 minutes 33 seconds West, along said east line 105.40 feet to the intersection with the westerly extension of the north line of Block 2 of Heinemann's Belleview Addition to Gladstone; thence North 08 degrees 02 minutes,44 seconds West 140.00 feet more or less to the southeasterly right of way line of United States Highway No. 61, as widened; thence southwesterly 268 feet more or less along said southeasterly right of way line to the intersection with a line parallel with, distant 100 feet north of the north right of way line of County Road B; thence North 89 degrees 18 minutes 48 seconds East, along said parallel line 125 feet more or less to the point of beginning. And: The South 107 feet of that part of the North 5 acres of the South 50 rods of the North 105 rods of the West 32 rods of the Southeast quarter of Section 9, Township 29, Range 22, which lies Southeasterly of the following described line: Commencing at a point on the South line of said 5 acre tract which line is the South line of the Northwest quarter of the Southeast quarter, distant 60 feet East of the Southwest corner thereof; thence running Northeasterly to the Northeast comer of said tract and there terminating. And All that part of the West 32 rods of the Southwest quarter of the Southeast quarter of Section 9, Township 29, Range22, lying North of County Road "B", except Heinemann's Belleview addition to Gladstone, and except highway. March 9, 2020 12 City Council Meeting Minutes The properties located at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East are legally described as: PIN: 092922430011 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430010 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430009 — The West 62 ft. of the East 594 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430008 — The West 52 ft. of the East 532 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430007 — The West 171 ft. of the East 480 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota MID PIN: 092922430006 — The West 147 ft. of the East 309 ft. of Block 9, Clifton Addition, Ramsey, County, Minnesota. Section 2. Standards. 2.01 City Ordinance Section 44-512(4) requires a Conditional Use Permit for the exterior storage of goods or materials. 2.02 Section 44-637(b) requires a Conditional Use Permit for any building or exterior use within 350 feet of a residential district. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 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. March 9, 2020 13 City Council Meeting Minutes 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. 2.04 Variance Standard. City Ordnance Section 44-13 refers to state statute which states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The following setback variances would meet the required standards for a variance: 1. A 0-setback from Maplewood Drive for the main building. This variance is justified and works to push the entire site plan north, away from existing residential properties. 2. The new main building is proposed to be setback 33 feet and 11 inches. Ordinance would typically require a 100 feet setback for a building of this site. However, this building is being built in an area that is already being used as either the existing building or storage yard. Building the new main building will have minimal change as compared to existing conditions. March 9, 2020 14 City Council Meeting Minutes 3. The warehouse is proposed to be setback 30 feet from the residential lot line to the east. Ordinance would typically require this warehouse be setback 100 feet. Given the unique aspects to this site and project a 50-foot setback is reasonable. A 50-foot setback is the minimal setback ordinance requires for all new commercial buildings. 4. The storage yard area along the applicant's east property line would normally require a 20-feet setback when adjacent to residential property. Existing conditions do not meet this requirement. Therefore, a variance is justified in the areas that already are non -compliant. 3.03 The following setback variances do not meet the required standards and are denied: For the new storage yard areas adjacent to 2223 Duluth Street North, 2233 Duluth Street North and 2255 Duluth Street North, the applicant shall be required to meet the code requirement of a 20 feet setback between commercial uses or parking lots and residential properties. The requested 5-foot parking lot setback in these new storage yard areas would alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. 2. The applicant requested a 0-foot setback for its proposed warehouse building from County Road B East. City ordinance requires commercial buildings be setback at least 30 feet from right-of-way lines. The closest home on the north side of County Road B East is currently approximately 37 feet with other homes set farther back. Increasing this setback of County Road B East will work to maintain the neighborhood's existing character. A 0-foot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. 3. The applicant requested a 10-foot parking lot setback to the south property line. Ordinance requires a 20 feet setback between commercial uses or parking lots and residential properties. A 10-foot parking lot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. 4. The applicant requested a 10-foot setback for the parking lot along west property line. Ordinance requires a 20 feet setback between commercial uses or parking lots and residential properties. A 10-foot parking lot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. 3.04 The following shoreland overlay impervious surface variance would meet the required standards for a variance: March 9, 2020 15 City Council Meeting Minutes The applicant's request of a 40 percent variance to the shoreland overlay impervious surface coverage maximum does not meet the standards for a variance. But a 20 percent variance above the ordinance's 60 percent impervious surface bonus limit, which requires meeting the city engineer's conditions for additional stormwater management practices, would meet these standards. The applicant will be allowed to have 80 percent impervious surface coverage within the shoreland overlay within the existing properties of 1115, 1127 and 1133 County Road B East. Section 4. City Review Process 4.01 The City conducted the following review when considering these conditional use permit amendment, setback variances and shoreland overlay impervious surface variance requests. On January 21, 2020, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press 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 resolution. 2. On March 9, 2020, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approved the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. Adherence to the site plan date -stamped February 6, 2020 and design plans date -stamped December 24, 2019. The director of community development may approve minor changes. 2. Compliance with the following screening -fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: b. A new eight -foot -tall fence between Menard Inc.'s property and the properties at 1071, 1081 and 1101 County Road B East is to be placed in the existing location. This fence must be extended along the north property line of 1101 County Road B East after the existing warehouse is demolished. Any needed repairs to this existing fence must be completed before the City will issue a certificate of occupancy for the new store. March 9, 2020 16 City Council Meeting Minutes c. Any fencing within 65 feet of the Maplewood Drive East right-of- way line may not exceed 8 feet in height. d. All existing trees south of the existing 8-foot-tall fence and the properties at 1071, 1081 and 1101 County Road B must remain in place. e. The 14-foot-tall fence between Menard Inc.'s property and east property line of 1101 County Road B East must be setback at least 20 feet from the property line. f. All portions of the 14-foot-tall fence and the new warehouse building shall be setback at least 30 feet from the County Road B East right-of-way line. g. All fences must be maintained and kept in good order. Menard Inc. will repair any fence issues within 15 business days of receiving notice from the City. h. All portions of the 14-foot-tall fence between Menard Inc.'s property and the west property lines of 2223 Duluth Street North and 2233 Duluth Street North shall be setback at least 20 feet from the shared property line. i. All portions of the 14-foot-tall fence between Menard Inc.'s property and the south property line of 2255 Duluth Street North shall be setback at least 20 feet from the shared property line. j. All screening fences shall be constructed of vertical boards of the same dimension, color and material, except for the fence on the south side of the warehouse where horizontal boards may be used. k. No material on the storage racks, adjacent to the fence adjacent to 1101 County Road B, shall extend above the 14-foot-tall fence. I. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard, garden center and warehouse shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard and warehouse that is not needed for site security shall be turned off after business hours. All site lighting that is to remain on overnight, must be dimmed to 50 percent intensity after the store closes. All lights within 100 feet of a residential property line must be shielded away from homes. 6. The city council shall review this permit revision in one year. March 9, 2020 17 City Council Meeting Minutes 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. The proposed building construction and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. 12. All existing vegetation that is required to be preserved and proposed vegetation must be properly maintained and cared for. Any dead planting materials must be replaced in a timely manner. 13. All existing trees between the County Road B East right-of-way line and the 30-foot building and fence setback line must be maintained and are not permitted to be removed. 14. The warehouse building shall be setback at least 50 feet from all residential property lines to the east and west of Menard Inc.'s property. 15. Any temporary, seasonal, outdoor sales occurring in the parking lot must meet all City ordinance requirements, plus are required to be setback at least 100 feet from any residential property line. 16. A parking waiver is approved for this site. The applicant shall provide a minimum of 420 parking spaces. 17. The storage of snow is not allowed to block any drive lanes within the site or cover any of the required 420 parking spaces. Snow is also not allowed to be stored within the south side of the property, south of the parking lot, nor next to residential, nor within the drive aisles. Snow storage within the parking lot is permitted only within the 35 stalls on the north side of the parking lot adjacent to Maplewood Drive as long as there is no parking along Maplewood Drive. 18. A setback waiver from Magellan Pipelines' pipeline is approved. No permanent structures may be built within the easement (Ramsey County Recorded Document No. 1594242) but there is no additional setback outside out of the easement area required. 19. Before any permits are issued, the applicant shall be required to March 9, 2020 18 City Council Meeting Minutes implement additional stormwater management practices — above what is minimally required by ordinance for this site — as approved by the city engineer. Before any permits are issued, the city engineer will be required to approve plans confirming all requirements related to the shoreland overlay impervious surface ordinance are met. 20. No store signage of any kind may be placed along, adjacent to, or directed towards, County Road B East. 21. Metropolitan Council approval of Resolution No. 20-03-1790 for a comprehensive plan amendment approved by the Maplewood City Council on March 9, 2020. Seconded by Councilmember Neblett Ayes — All The motion passed. Councilmember Smith moved to approve the resolution for a lot division to combine six residential parcels with the commercial parcel located at 2280 Maplewood Drive. Resolution 20-03-1792 Resolution Approving a Lot Division to Combine Seven Properties for Menard Inc. at 2280 Maplewood Drive; and, 1115, 1127, 1133, 1137, 1143 AND 1155 County Road B East Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Nicholas Brenner of Menard, Inc. has requested approval of a lot division to combine seven properties. 1.02 The property located at 2280 Maplewood Drive is legally described as: That certain triangle of land situated in the Southwest quarter of Section 9, Township 29, Range 22, described as follows to wit: Commencing at a point on the East line of the Southwest quarter of said Section 9 at its intersection with the easterly line of United States Highway No. 61, as widened; thence South on the East line of said Southwest quarter to a point 100 feet North of the North line of County Road "B" thence West and parallel with the North line of said County Road "B" to the Easterly line of United States Highway No. 61, as widened; thence Northeasterly along the Easterly line of said United States Highway No. 61, as widened, to the point of beginning. Less and except that part of the Southwest Quarter of Section 9, Township 29, Range 22, described as follows: Commencing at the intersection of the east line of said Southwest Quarter and a line parallel with, distant 100.00 feet north of the north right of way line of County Road B; thence North 00 degrees 09 minutes 33 seconds West, along said east line 105.40 feet to the intersection with the westerly extension of the north line of Block 2 of March 9, 2020 19 City Council Meeting Minutes Heinemann's Belleview Addition to Gladstone; thence North 08 degrees 02 minutes,44 seconds West 140.00 feet more or less to the southeasterly right of way line of United States Highway No. 61, as widened; thence southwesterly 268 feet more or less along said southeasterly right of way line to the intersection with a line parallel with, distant 100 feet north of the north right of way line of County Road B; thence North 89 degrees 18 minutes 48 seconds East, along said parallel line 125 feet more or less to the point of beginning. And: The South 107 feet of that part of the North 5 acres of the South 50 rods of the North 105 rods of the West 32 rods of the Southeast quarter of Section 9, Township 29, Range 22, which lies Southeasterly of the following described line: Commencing at a point on the South line of said 5 acre tract which line is the South line of the Northwest quarter of the Southeast quarter, distant 60 feet East of the Southwest corner thereof; thence running Northeasterly to the Northeast comer of said tract and there terminating. All that part of the West 32 rods of the Southwest quarter of the Southeast quarter of Section 9, Township 29, Range22, lying North of County Road "B", except Heinemann's Belleview addition to Gladstone, and except highway. The properties located at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East are legally described as: PIN: 092922430011 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430010 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota MID PIN: 092922430009 — The West 62 ft. of the East 594 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota MID PIN: 092922430008 — The West 52 ft. of the East 532 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota _►9 PIN: 092922430007 — The West 171 ft. of the East 480 ft. of Block 9, March 9, 2020 20 City Council Meeting Minutes Clifton Addition, Ramsey County, Minnesota ►D PIN: 092922430006 — The West 147 ft. of the East 309 ft. of Block 9, Clifton Addition, Ramsey, County, Minnesota. 1.03 On January 21, 2020, the community design review board reviewed this request. The applicant was provided the opportunity to present information to the community design review board. The community design review board considered all of the comments received and the staff report, which are incorporated by reference into this resolution. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 34-14(a) states a lot division shall not result in the creation of more than three lots. Section 3. City Council Action. 3.01 The above -described lot division to combine seven properties are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the site plan and building elevations date - stamped February 6, 2020 and the remaining design plans date -stamped December 24, 2019. The lot division approval is subject to the following conditions: 1. A survey shall be submitted to staff with a legal description for a new single parcel reflecting the seven properties being combined. 2. Prior to issuance of a certificate of occupancy for the new commercial building, proof that Ramsey County has recorded the lot division muss be submitted to city staff. 3. Metropolitan Council approval of Resolution No. 20-03-1790 for a comprehensive plan amendment approved by the Maplewood City Council on March 9, 2020. Seconded by Councilmember Neblett Ayes — All The motion passed. Councilmember Juenemann moved to table the design review plan and amend the Community Design Review Board agenda for March 17, 2020 to include further discussion on the design review plan, including the discussion from the City Council Meetina on March 9. 2020 and add to the Council meetina aaenda for March 23. 2020. Seconded by Councilmember Smith Ayes — All The motion passed March 9, 2020 21 City Council Meeting Minutes UNFINISHED BUSINESS 2019-2020 Collective Bargaining Agreement with International Association of Fire Fighters - Fire Officers — Local 4470 Assistant City Manager/HR Director Sable gave the staff report. Councilmember Juenemann moved to approve the 2019 and 2020 Collective Bargaining Agreement between the City of Maplewood and the International Association of Fire Fighters — Fire Fighters — Fire Officers - Local 4470; and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by Councilmember Smith Ayes — All The motion passed. 2. Purchase Agreement with INH Property for the Sale of City -Owned Property at 2501 Londin Lane City Attorney Batty gave the staff report. Councilmember Smith moved to approve the purchase agreement with INH Properties for the sale of city -owned property at 2501 Londin Lane. Seconded by Councilmember Juenemann Ayes — All The motion passed. J. NEW BUSINESS None. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 9:47 p.m. Andrea Sindt, City Clerk March 9, 2020 22 City Council Meeting Minutes