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HomeMy WebLinkAbout2020-09-14 City Council Meeting MinutesA. C MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 14, 2020 Held Remotely Via Conference Call Meeting No. 17-20 CALL TO ORDER A meeting of the City Council was held remotely via conference call and was called to order at 7:00 p.m. by Mayor Abrams. Mayor Abrams opened the meeting highlighting events of the Maplewood Public Safety Department that go above and beyond normal day-to-day expectations: the Fire Department for their mask distribution which earned them an award nomination; and, the Police Department for partnering with other groups to do a back pack drive. 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 Agenda item G11 was pulled from the agenda. Councilmember Neblett moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. E. APPROVAL OF MINUTES 1. August 24, 2020 City Council Workshop Minutes Councilmember Juenemann moved to approve the August 24, 2020 City Council Workshop Minutes as submitted. Seconded by Councilmember Knutson The motion passed. Ayes — 4, via roll call Abstain — Councilmember Neblett 2. August 24, 2020 City Council Meeting Minutes Councilmember Juenemann moved to approve the August 24, 2020 City Council September 14, 2020 City Council Meeting Minutes 1 Meeting Minutes as submitted. Seconded by Councilmember Knutson The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update Ayes — 4, via roll call Abstain — Councilmember Neblett 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 Fall Clean Up Councilmember Juenemann reported on the Fall Clean Up that will be held October 5-30 with Republic Services discounting bulky item pick-up. Shredding Event Councilmember Juenemann reported on the shredding event that will be held on October 10 at the Public Works Building. 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 G11 was pulled from the agenda and agenda item G4 was highlighted. Councilmember Juenemann moved to approve agenda items G1-G10. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 964,128.23 Checks #106219 thru #106254 dated 08/25/20 September 14, 2020 2 City Council Meeting Minutes $ 617,527.01 Disbursements via debits to checking account dated 08/17/20 thru 08/21/20 $ 3,073,977.28 Checks #106255 thru # 106295 dated 09/01 /20 $ 331,280.81 Disbursements via debits to checking account dated 08/24/20 thru 08/28/20 $ 894,115.92 Checks # 106296 thru # 106326 dated 09/08/20 $ 600,297.97 Disbursements via debits to checking account dated 08/31/20 thru 09/04/20 $ 6,481,327.22 Total Accounts Payable N , $ 599,879.96 Payroll Checks and Direct Deposits dated 08/21/20 $ 2,287.30 Payroll Deduction check # 99104289 thru # 99104291 dated 08/21/20 $ 600,379.51 Payroll Checks and Direct Deposits dated 09/04/20 $ 1,421.00 Payroll Deduction check # 99104305 thru # 99104306 dated 09/04/20 $ 1,203,967.77 Total Payroll $ 7,685,294.99 GRAND TOTAL Seconded by Councilmember Neblett The motion passed. Ayes — All, via roll call 2. Resolution Appointing Election Judges and Establishing a Ballot Board for the 2020 General Election Councilmember Juenemann moved to approve the resolution listing election fudges and establishing a ballot board for the 2020 General Election to be held on November 3, 2020. Resolution 20-09-1848 2020 General Election Appointing Election Judges and Establishing a Ballot Board WHEREAS, MN State Statute 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and September 14, 2020 3 City Council Meeting Minutes WHEREAS, it is required by MN Statutes 203B.121, Subd. 1 to establish a Ballot Board; and WHEREAS, approval of the resolution does not qualify individuals to serve as an election judge; and WHEREAS, appointments will be made from the list to fill the needed positions after training and required paperwork have been completed; and WHEREAS, appointment of additional election judges within the 25 days before the election may be made if the appointing authority determines that additional election judges will be required; and WHEREAS, Election Day falls between the bi-weekly city council meetings; and WHEREAS, up to Election Day, availability of appointed judges has a higher than usual uncertainty due to COVID. NOW, THEREFORE, IT BE RESOLVED, by the City Council of Maplewood, Minnesota, a Ballot Board is hereby established that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22 to perform the task; and FURTHER, BE IT RESOLVED, that the City Clerk is designated to act as the appointing authority within the 25 days before the election; and FURTHER, BE IT RESOLVED, that the City Clerk or designee assign Election Judges to serve in the 2020 General Election to be held on Tuesday, November 3, 2020 from the following list. Almen, Abigail Dickerson, Charlene Hahn , Vonna Anderson, Theodore Dickson, Helen Hamper, Linda Anderson, Dorothy Jean Hansford, Lisa Anderson, Karen Dittli, Albin Harder, Mary Banker, Matthew Dittli, Rachel Heininger, Jean Beaurline, Ken Eads, John Hess, Harland Bedor, David Fedor, George Hinnenkamp, Gary Belland, Jaime Fellman, Gail Hodges, Pamela Berg, Kris Ferch, Gayle Holmes, Mary Bjornstad, Myron Fowlds, Mychal Hulet, Jeanette Bolden, Donita Franzen, Nick Huth, Raymond Brandon, Richard Fritsche, Dean Huth, Patricia Brandon, Ginny Fuller, Mary Jacobson, Chris Burdash, Sarah Katherine Jenkins, Mark Buser, Kelly Funk, Barbara Jensen, Kathleen Carlson, Allen Garceau, Jeanette Johannessen, Carlson, Cici Goeppinger, Linda Judith Catherine, Mary Golaski, Diane Johnson, Robert Cleland, Ann Grefe, David Johnston, Howard Connolly, Colleen Gudknecht, Nick Jones, Terri Craig, Lynn Hafner, Michael Kane, Myrna Dey, Peter Hahn, Sandra Karalus, Sharon September 14, 2020 4 City Council Meeting Minutes E2 Kipka, Judy Nowak, Mary Ann Seitz, James Koch, Jim O'Brien, D. William Selby, Patricia Koegel, Pete (Bill) Sheeran, Joe Kohlman, Karen Olson, Anita Shindler, Tim Koskinen, Carol Olson, Linda Skaar, Delaney Krebsbach, John Oslund, Douglas Skaar, Susan Kwapick, Jackie Parent, Dian Smith, Margaret Labarre, Tom Parnell, Susan Sprague, Florence LaBarre, Leann Parnell, John Stafki, Tim Landers, Patricia Pasquarella, Cheryl Steenberg, Judith Leonard, Claudette Perez, Laurie Joy Stevens, Kory Lewis, Sandy Peterson, Joan Lynne Lewis, Ken Peterson, Kathleen Strandness, Mary Liu, Yuying (Cindy) Pinc, Roberta (Linnea) Lucas, Lydia Potter, Nina Thao, Hlee Lundberg, Roberta Puddy, Michael Thompson, Jerrilyn Mahre, Jeri Puddy, Susan Tiemann, Sandra Marek, Tawnya Putz, Shelly Tschida, Micki Martinson, Patricia Putz, Steve Urbanski, Holly Mastro, Christina Reinke, JoAnne Urbanski, Carolyn McCann, John Renner, Mary Ann Vang, Lisa Meier, Kristina Reyers, Theresea Vang, David Meschino, Stacy Rodriguez, Vincent Virnala, Ronald Michaelson, Dorcas Rogers, Peter Walker, Margaret Miller, Kelly Rose, Talisa Walker, Melissa Miller, Mollie Rossbach, Teresa Walsh, Alison Moreno, Marlene Rozmarynowski, Waschlmusch, Moua, Kathy Bob Laure Moy, Pam Rygg, Crystal Wasmundt, Gayle Nadeau, Jill Sanders, Vikki Yorkovich, Cindy Nichols, Miranda Sands, Warren Norberg, Ann Schmidt, William Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 3. Local Lawful Gambling Permit for Hill Murray School, 2625 Larpenteur Avenue East Councilmember Juenemann moved to approve the Local Lawful Gambling permit for Hill Murrav School for their event on April 24. 2021. Seconded by Councilmember Neblett Ayes— All, via roll call The motion passed. 4. Resolution to Accept Donation from Country Financial Councilmember Juenemann moved to approve the resolution accepting the donation made by Country Financial. September 14, 2020 5 City Council Meeting Minutes Resolution 20-09-1849 EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENT WHEREAS, Country Financial has presented to the Maplewood Public Safety Department a donation in the amount of $1500.00; and WHEREAS, this donation is intended for the purpose of enhancing department initiatives to benefit the Department and the community; and WHEREAS, the Maplewood City Council is appreciative of the donation and commends Country Financial for their civic efforts, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1. The donation is accepted and acknowledged with gratitude; and 2. The donation will be appropriated for the Public Safety Department as designated; and 3. The appropriate budget adjustments be made. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 5. Dogtopia, 2015 Woodlynn Avenue East, Conditional Use Permit Resolution Councilmember Juenemann moved to approve the conditional use permit resolution to allow an outdoor Dlav area for a doa davcare at 2015 Woodlvnn Avenue East. Resolution 20-09-1850 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Alissa Bert and Cindy Lang, of Dogtopia, have requested approval of a conditional use permit. 1.02 The property located at 2015 Woodlynn Avenue East is legally described as: PIN: 022922120011; Part of Section 2, Township 29, Range 22, Ramsey County, Minnesota, described as follows: The East 178.13 ft. of the South 100 ft. of the North 10 acres together with the East 178.13 ft. of the South 10 acres of the North 20 acres of part of the North one-half of the September 14, 2020 6 City Council Meeting Minutes Northwest quarter of Section 2, Township 29, Range 22, North of the North line of Woodlynn Avenue, and the West 90.31 ft. of the South 33.18 ft. of the North 681.33 ft. and the South 640 ft. of the North 1321.33 ft. of the West 329.31 ft. of the Northeast quarter of Section 2, Township 29, Range 22, lying North of the North line of Woodlynn Avenue. Section 2. Standards. 2.01 City Ordinance Sections 44-597(1) and 44-597(2) requires a Conditional Use Permit for any recreation use or exterior use. 2.02 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. 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. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process September 14, 2020 7 City Council Meeting Minutes 4.01 The City conducted the following review when considering this conditional use permit request. On August 18, 2020, the planning commission held a public hearing. 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 September 14, 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 5 of this resolution. Approval is subject to the following conditions: 1. The use of this property shall be limited to the type of operation described in this staff report. Any change in operations will require an amendment to the conditional use permit. 2. Hours of operation for dog pick-ups and drop-offs shall be limited to 7:00 a.m. to 7:00 p.m. 3. Outdoor use of the recreational area shall be limited to the hours of 7 a.m. to 7 p.m. 4. Drop-off and pick-up services shall not block the public right-of-way and shall occur onsite within designated parking spaces. 5. Prior to the issuance of any permits, the applicant must: a. Submit and receive approval for landscaping and grading from the city engineer. b. Submit a detailed plan for the proposed fence and sunshade. 6. Repair all fencing as needed and ensure that the site is tidy at all times. 7. Any exterior improvements will require design approval. 8. All signs require a separate sign permit and must meet city code requirements. 9. The city council shall review this permit in one year. September 14, 2020 8 City Council Meeting Minutes Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 6. Land Use Development Agreement with SUSO 4 Mapleridge LP Councilmember Juenemann moved to approve the Land Use Development Agreement with SUSO 4 Mapleridge, LP. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 7. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October 12, 2020, Dennis -McClelland Area Street Improvements, City Project 19-10 Councilmember Juenemann moved to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing, for the Dennis -McClelland Area Street Improvements, City Project 19-10. Resolution 20-09-1851 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Dennis -McClelland Area Street Improvements, City Project 19-10, and the said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 121" day of October 2020, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and City Engineer and that written or oral objections will be considered. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. September 14, 2020 9 City Council Meeting Minutes 8. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October 12, 2020, Schaller Area Pavement Rehabilitation, City Project 19- 11 Councilmember Juenemann moved to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing, for the Schaller Area Pavement Rehabilitation, City Project 19-11. Resolution 20-09-1852 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Schaller Area Pavement Rehabilitation, City Project 19-11, and the said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 121" day of October 2020, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and City Engineer and that written or oral objections will be considered. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 9. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October 12, 2020, County Road B & Arcade Street Improvements, City Project 19-22 Councilmember Juenemann moved to approve the Resolution Accepting Assessment Roll and Orderina Assessment Hearina. for the Countv Road B & Arcade Street Improvements, City Project 19-22 Resolution 20-09-1853 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the County Road B & Arcade Street September 14, 2020 10 City Council Meeting Minutes Improvements, City Project 19-22, and the said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 121" day of October 2020, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and City Engineer and that written or oral objections will be considered. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 10. Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Dennis -McClelland Area Street Improvements, City Project 19-10 Councilmember Juenemann moved to approve the resolution Directing Modification of the Existing Construction Contract, Change Order No. 1, Dennis -McClelland Area Improvements, City Project 19-10 and authorize the Mayor and City Manager to sign Change Order No. 1. Resolution 20-09-1854 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, PROJECT 19-10, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Dennis -McClelland Area Improvements, City Project 19-10, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Dennis -McClelland Area Improvements, City Project 19-10, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1. The Mayor, City Manager, and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $119,514.75. September 14, 2020 11 City Council Meeting Minutes The revised contract amount is $6,701,750.98 Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 11. Tax Increment Financing and Business Subsidy Agreement for Maple Ridge Center This item was removed from the agenda. 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 1. HyVee, 2501 White Bear Avenue, Appeal of CDRB Decision Community Development Director Thomson gave the staff report. Tonia Householder with HyVee address the council with further comments. Mayor Abrams moved to approve the resolution for design review for the grocery building elevations and revised building elevations for a new convenience store to be constructed at 2501 White Bear Avenue. Resolution 20-09-1855 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Background. 1.01 Slate Asset Management has requested approval of design review of grocery and convenience store buildings 1.02 The property is located at 2501 White Bear Avenue North and is legally described as: That part of Lot 2, Block 1, Maple Ridge Mall, lying East of the West line of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, and lying South of the North line of the South 4 acres of the West Half of the North Half of the East Half of the Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County MN September 14, 2020 12 City Council Meeting Minutes AND That part of Lots 3 and 4, Block 1, Map Ridge Mall, lying west of the west line of the Northwest Quarter of the Southeast Quarter of Section 11, Township 29, Range 22, Ramsey County, MN AND That part of Lot 2, Block 1, Maple Ridge Mall according to the recorded plat thereof, lying South of Lot 1 of said Block 1 and the westerly extension thereof except that part of said Lot 2 lying East of the West line of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, and lying South of the North line of the South 4 acres of the West Half of the North Half of the Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County, MN AND That part of Lots 3 and 4, Block 1, Maple Ridge Mall, according to the recorded plat thereof lying East of the West line of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, Ramsey County, MN Section 2. Site, Building and Sign Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above -described site, design and sign plans are hereby approved September 14, 2020 13 City Council Meeting Minutes 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 date -stamped June 1, 2020, and the building elevations date -stamped September 8, 2020. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the design review resolution adopted by the city council on August 10, 2020. Seconded by Councilmember Knutson Ayes — All, via roll call The motion passed. J. NEW BUSINESS Amendment to Maplewood Community Center Operating Agreement City Manager Coleman gave the staff report. Shane Hoefer with YMCA gave further comments. Councilmember Juenemann moved to approve the First Amendment to Maplewood Community Center Operating Agreement with the YMCA of the Greater Twin Cities, dated September 14, 2020. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 2. North Fire Station Construction Project a. Request for Proposal Results b. Construction Management Services Contract Agreement with Kraus - Anderson Construction Company for the North Fire Station Replacement Project EMS Chief Mondor gave the staff report. Mayor Abrams moved to approve the request for proposal results of the North Fire Station Construction Project. Seconded by Councilmember Knutson Ayes — All, via roll call The motion passed. Councilmember Neblett moved to approve the construction management services contract agreement with Kraus -Anderson Construction Company for the North Fire Station Replacement Project. September 14, 2020 14 City Council Meeting Minutes Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. 3. Review of Charitable Gambling Policies City Manager Coleman gave the staff report. Council consensus directed staff to give all $15,000 to YMCA for food distribution. 4. Review of City Council Meeting Format Assistant City Manager/HR Director Sable gave the staff report. Council consensus directed staff to modify the Mayor's Statement and Determination Regarding Conducting Meetings by Telephone or Other Electronic Means to allow for a hybrid of in -person and virtual meetings not to begin before November 9, 2020. 5. Home -Based Cement Business with Storage of Commercial Vehicles, 2510 Carver Avenue a. Home Occupation License Resolution b. Conditional Use Permit Resolution Community Development Director Thomson gave the presentation. City Manager Coleman addressed questions about other concerns in the neighborhood. Councilmember Neblett moved to approve the resolution for a home occupation license for a home -based concrete business at 2510 Carver Avenue. Resolution 20-09-1856 HOME OCCUPATION LICENSE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.03 Francisco and Naomi Zamora are proposing a home -based cement business with the storage of commercial vehicles. 1.04 The property is located at 2510 Carver Avenue and is legally described as: Section 24, Township 28, Range 22, W 535 feet of N 580 feet of SW'/4 of NE to RDS and HWY. Property Identification Number 24-28-22-13-0001 Section 2. Requirements. September 14, 2020 15 City Council Meeting Minutes 2.01 Section 14-56 outlines the licensing requirements for home occupations on residential property. Section 3. City Review Process 3.01 The City conducted the following review when considering this conditional use permit request. On August 18, 2020, the Planning Commission held a public hearing. 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 adopt this resolution. 2. On September 14, 2020, the City Council discussed this resolution. They considered reports and recommendations from the Planning Commission and city staff. Section 4. City Council Action. 4.01 The City Council hereby approves the resolution. Approval is based on the findings outlined in Section 2 of this resolution. Approval is subject to the applicant doing the following: 1. The home occupation business is limited to Monday through Friday. 2. No exterior storage is allowed as part of the home occupation license. 3. Two commercial vehicles and their trailers and bobcats are allowed to be stored on a hard surface out of sight of the public right-of-way. 4. Three employee vehicles can be parked on the property on a hard surface during business hours. 5. The home occupation must meet all requirements in the Engineering Report dated August 7, 2020, which includes obtaining a driveway and stormwater permit for the additional hard surface and grading completed on the property. Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. Councilmember Juenemann moved to approve the resolution for a conditional use permit to allow the storage of commercial vehicles at 2510 Carver Avenue with specific attention paid to the conditions. Resolution 20-09-1857 CONDITIONAL USE PERMIT RESOLUTION September 14, 2020 16 City Council Meeting Minutes BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.05 Francisco and Naomi Zamora are proposing to store commercial vehicles on their residential property. 1.06 The property is located at 2510 Carver Avenue and is legally described as: Section 24, Township 28, Range 22, W 535 feet of N 580 feet of SW'/4 of NE to RDS and HWY. Property Identification Number 24-28-22-13-0001 Section 2. Standards. 2.01 Section 44-6 defines a heavy commercial vehicle as one with more than one -ton nominal rated carrying capacity including trucks, trailers, and earth moving equipment such as a bobcat. 2.02 Section 44-108(2)(a) and 44-102(1) allows the storage or parking of heavy commercial vehicles on a residential property with a conditional use permit as long as it meets the following standards: 1. The owner or operator of the vehicle or commercial equipment must reside on the property. 2. The vehicle or commercial equipment shall be parked in an enclosed structure or on a hard -surface driveway that meets the applicable zoning district requirements. 3. Noise from idling the engine shall not exceed the L50 standards provided for in state statutes. The owner or operator shall not let the vehicle's engine idle for more than 30 minutes in any one -hour period. In no circumstance may the owner or operator run or let the engine idle for more than two periods, lasting 30 minutes each, in one 24- hour period. Section 3. Findings. 3.02 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. On August 18, 2020, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent September 14, 2020 17 City Council Meeting Minutes 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 adopt this resolution. 2. On September 14, 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 2 of this resolution. Approval is subject to the following conditions: 1. Commercial vehicle storage on the property is limited to two heavy commercial trucks and their trailers and bobcats that are associated with the small-scale cement business home occupation license. 2. Commercial vehicles must be stored on a hard surface out of sight of the public right-of-way. Seconded by Councilmember Knutson Ayes — All, via roll call The motion passed. 6. Woodspring Suites, 1744 County Road D East a. Conditional Use Permit for a Planned Unit Development Amendment Resolution b. Design Review and Comprehensive Sign Plan Resolution Community Development Director Thomson gave the presentation. Mayor Abrams moved to table the Woodspring Suites Project. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 7. Ordinance Amendment for Planned Unit Development a. Ordinance Amendment to Chapter 44, Zoning, Revising Procedures for Planned Unit Developments b. Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) Community Development Director Thomson gave the presentation. Councilmember Neblett moved to approve the ordinance amendment to Chapter 44 Zoning to establish new procedures for planned unit developments. Ordinance 1014 September 14, 2020 18 City Council Meeting Minutes An Ordinance Revising Procedures for Planned Unit Developments The City Council of Maplewood ordains as follows: Section I. Chapter 44, Secs. 44-6, 44-9, and 44-390 are hereby amended as follows. Sec. 44-6. - Definitions. Planned unit developments (PUD) means a type of development characterized by a unified site design, with often two or more principal uses or structures. A PUD may include townhouses, apartments, multiple -use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites and may include single -dwelling homes. The PUD application, timing and recording process is described under Article VII, Rezoning to a Planned Unit Development. Shoreland planned unit development means a planned unit development (PUD) located within the shoreland overlay district. The shoreland PUD is processed as a conditional use permit, as described under Article IX, Shoreland Overlay District, and in compliance with Minnesota Rules section 6120.3800 as may be amended. Sec. 44-9. — Zoning Districts. (a) The city is hereby *** In addition to the above, the city is divided into the following planned unit development (PUD) districts: PUD-F Planned unit development — fixed district PUD-1 Reserved for future PUD district Sec. 44-390. — Part of planned unit development. Townhouses, together with other types of multiple -dwelling structures, or any combination of different types of dwelling structures, defined and classified under this division, shall be eligible to be considered and treated as a planned unit development pursuant to Article II, Division 15 and Article VII, Division 2 of this chapter. Section II. Article II. — DISTRICT REGULATIONS is hereby amended to add a new Division 15. — PLANNED UNIT DEVELOPMENTS, Secs. 44-687 through 44-730. DIVISION 15. — PLANNED UNIT DEVELOPMENTS Sec. 44-687. — Planned unit development - fixed district (a) The purpose of the planned unit development - fixed district is to allow for the continuance of planned unit developments approved through conditional use permits prior to September 1, 2020. September 14, 2020 City Council Meeting Minutes 19 (b) There shall be no new parcels zoned to the planned unit development - fixed district after September 1, 2020. (c) All preliminary and final development plans approved as part of a conditional use permit for a planned unit development prior to September 1, 2020 shall remain in full force and effect as part of this overlay district. Provided new development in the planned unit development - fixed district is in compliance with the approved plans, the development shall be considered in conformance. (d) Amendments to development plans for property in the planned unit development - fixed district shall be processed according to the provisions in Article VII, Division 2. Minor amendments will be considered while major amendments shall require the establishment of a new planned unit development district. Sec. 44-688. - Planned unit development (PUD) (a) The planned unit development (PUD) provisions are intended to encourage more efficient use of land, public services and greater amenity by allowing, under certain circumstances, a more flexible means of land development or redevelopment than is otherwise afforded through the strict enforcement of the zoning requirements of certain districts through lot -by -lot development. Although planned unit developments may appear to deviate in certain aspects from a literal interpretation of the zoning and subdivision ordinances, the PUD is intended to allow flexibility in design in order to promote developments which will be an asset to the city by equaling or surpassing the quality of developments resulting from the application of more conventional zoning regulations. A PUD may be used as a special district adapting any base zoning district or combination of zoning districts. (b) A planned unit development shall be established by rezoning to a newly created, numbered planned unit development district that outlines the uses, dimensions, and design standards of the new PUD zoning district following the procedures set forth in Article VII, Division 2. (c) Planned unit developments shall be on a tract of land more than one (1) acre. (d) Permitted uses shall generally be consistent with the permitted or conditional uses of the underlying base district. However, a PUD district can request alternative uses to the permitted uses of the underlying base district, subject to the approval by the city council as part of the establishment of the PUD. (e) Density of development must meet the guidance set by the comprehensive plan's future land use designation and map. (f) The following provisions shall be addressed as part of the PUD. When it is intended that regulations vary from the underlying district, the applicant shall propose them as part of the PUD application process: (1) A PUD shall be designed to complement existing and planned future land uses of adjacent uses and infrastructure. September 14, 2020 20 City Council Meeting Minutes (2) Lot area may vary from the underlying base district standard in a PUD provided the developer has demonstrated that the proposed design and layout meets the provisions of this chapter. (3) Setbacks may vary from underlying base district standards in a PUD provided the developer has demonstrated that the proposed design and layout meets the provisions of this chapter. Perimeter setbacks shall be consistent with the setbacks of the underlying base zoning district. (4) Building height may vary from the underlying base district standard. The city may request cross sections, elevations and other information from the developer in order to determine if the structure height meets the provisions of this chapter. (5) A PUD shall be designed to preserve existing vegetation and topography where practical and shall be consistent with the goals and objectives of the comprehensive plan. (6) Overall architectural design shall be generally compatible with the characteristics of the surrounding developments. (7) Parking ratios may deviate from the off-street parking space standards. Where alternative parking ratios are not stated in the PUD application, they shall conform to section 44-17 off-street parking. (8) All publicly dedicated streets, utilities and storm -water facilities shall be designed in accordance with the city code, policies, and design standards. The city may consider flexible standards for streets if the developer has demonstrated that the proposed design and layout warrants varying standards and the design meets the provisions of this chapter. (9) Circulation/access. a. Vehicular access to lots adjoining an arterial street as defined by the functional classification system shall be designed by way of a frontage road, service road or local street. b. Streets in a PUD shall be designed to promote a grid network of streets, minimizing dead ends and cul-de-sacs and connecting to adjoining developments where streets have been `stubbed in' for the purpose of continuation. A PUD shall include provisions for pedestrians, bicycles and transit. (10) A landscape and screening plan shall be included in the PUD submittal. The plan should include street tree provisions, screening, parking lot landscaping where applicable and the preservation of mature, healthy hardwood trees where applicable. (11) A comprehensive sign plan shall be adopted following the requirements of September 14, 2020 21 City Council Meeting Minutes Chapter 44 — Zoning, Article III. — Sign Regulations. Preliminary plans related to signage shall be submitted as part of the PUD application. While the comprehensive sign plan will be adopted subsequently to the PUD, if an exception to the City's signage regulations are needed they shall be evaluated and adopted as part of the PUD process. Freestanding pylon type signs shall consolidate tenants or uses in predetermined locations, minimizing the number of freestanding signs where possible. Sec. 44-689 — 44-730. — Reserved Section III. Article V. — CONDITIONAL USE PERMITS, Secs. 44-1092, 44-1095 (a) and 44-1099 are hereby amended as follows and Sec. 44-1093. — Planned Unit Developments is deleted and the section number reserved (additions are underlined and deletions are stricken): Sec. 44-1092. - Conditional uses. Sec. 44-1093. — Reserved (6) Shoreland planned unit developments (PUD). Sec. 44-1095. - Application. (a) An application for a conditional use permit may be made by any person having a legal interest in the property described in the application. All applications shall be submitted to the director of community development upon the form supplied by the city. The director shall not accept an application that is not complete. Specific requirements shall be as stated on this form, but shall include at least the following information, if applicable: (1) All information required on the community design review board application. (2) An abstractor's certificate showing property owners' names and addresses within 500 feet of the boundaries of the property for which the permit is requested. (3) Any other information required by the director of community development, the city council or the council's advisory bodies. Sec. 44-1099. - Start of construction or use. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the conditional use permit shall become null and void. The council may grant up to one one-year extension of the permit if just cause is shown. This requirement shall not apply to shoreland PUDs with an approved phasing plan. Such extension shall be requested in writing and filed with the director of community development at least 30 days before the expiration of the original conditional use permit. There shall be no charge for filing such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Section IV. Article VII. — AMENDMENTS AND CHANGES is hereby amended by September 14, 2020 22 City Council Meeting Minutes adding Division 1. - Rezoning and Amendments and Division 2. — Rezoning to a Planned Unit Development (PUD) District: ARTICLE VII. - AMENDMENTS AND CHANGES DIVISION 1. - REZONING AND AMENDMENT Sec. 44-1161. - Initiation generally. DIVISION 2. - REZONING TO A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT Sec. 44-1166. - Purpose and intent. The purpose of the planned unit development (PUD) district is to provide comprehensive procedures and standards intended to allow more creativity and flexibility in site plan design than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the city council to make in its legislative capacity. The purpose and intent of a PUD is to include most or all of the following: (a) Provide for the establishment of planned unit development (PUD) zoning districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the city's comprehensive plan; (b) Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability and general welfare of the city; (c) Provide for variations to the strict application of the land use regulations in order to improve site design and operation, while at the same time incorporate design elements that exceed the city's standards to offset the effect of any variations. Desired design elements may include: sustainable design, greater utilization of new technologies in building design, special construction materials, landscaping, lighting, stormwater management, pedestrian -oriented design; (d) Ensure high quality of design and design compatible with surrounding land uses, including both existing and planned; (e) Maintain or improve the efficiency of public streets and utilities; (f) Preserve and enhance site characteristics, including natural features, wetland protection, trees, open space, scenic views and screening; (g) Allow for mixing of land uses within a development; (h) Encourage a variety of housing types, including affordable housing; and (i) Ensure the establishment of appropriate transitions between differing land uses. September 14, 2020 23 City Council Meeting Minutes Sec. 44-1167. - Procedure. (a) Prior to filing of an application for a PUD, the applicant must arrange for and attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data. Information and advice from city staff shall not be construed to predict future city approvals. (b) If city council and planning commission input is desired by the applicant before formal submittal of a PUD, a sketch plan can be submitted to the city for review. (1) The sketch plan submittal should include a statement describing how the PUD requested meets the intent of a PUD identified in section 44-1166 above and shall be accompanied by a graphic sketch illustrating the proposed project and how it relates to surrounding properties. (2) The planner shall refer the sketch plan to the planning commission and city council for discussion, review and informal comment. (3) Any opinions or comments provided in response to the sketch plan by the planning commission or city council shall be considered advisory only and shall not constitute a binding decision on the request. (c) Planned unit developments (PUD) are processed using a preliminary development plan and final development plan process. When a preliminary plat and final plat are also required for the project, the director of community development shall have the discretion to allow the preliminary development plan and final development plan process to occur simultaneously when the complexity of the project will allow. (d) The preliminary development plan submissions shall include, but not be limited to, the submission requirements stipulated in Chapter 34 for preliminary plats. The preliminary development plan and rezoning process shall follow the procedures stipulated in Article VII, Division 1, including a public hearing. The submittal shall include a preliminary development plan which includes the following: (1) Shows proposed location, use, setbacks, and size of areas for the various uses on the site, including public and private areas and open spaces with the suggested ownership and maintenance provisions of such areas. (2) Shows the general layout of the proposed external and internal circulation systems, indicating the proposed vehicular right-of-way of all proposed public streets, access drive locations, traffic control requirements, parking, and proposed vehicular, bicycle, and pedestrian circulation. September 14, 2020 24 City Council Meeting Minutes (3) Includes conceptual landscape plan showing all natural areas to be altered or impacted by the development and areas where new landscaping will be installed, as well as other natural features to be conserved and any required buffer areas. (4) Includes a summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets, common areas, and open spaces, the number of dwelling units by type and density for each residential use area and the building height(s), and square footage as proposed for retail, office, industrial and institutional uses, by use area, and the number of parking spaces provided for each use area (e) After approval of the preliminary development plan, the applicant may apply for a final development plan approval for all or a portion of the PUD. (1) The final development plan submissions shall include, but not be limited to, the submission requirements stipulated in Chapter 34 for final plats. The submittal shall include a final development plan that includes the following: Shows all lot lines and easements with dimensions. Delineates and identifies areas to be dedicated or reserved for public use and any areas to be reserved by deed covenant for the common use of all property owners, listing who will maintain such areas. Shows dimensions and locations of proposed structures, buildings, streets, parking areas, bicycle and pedestrian circulation, common areas, open spaces, and other public or private facilities. iii. Shows locations of existing and proposed structures including fences, walls, signs, refuse containers, and lighting. iv. Includes a summary table showing total acres of development, the number of acres to be devoted to each type of use, the number of proposed dwelling units (if applicable), building square footage, number of parking spaces, impervious surface area and acreage devoted to open space and other public facilities. (2) The final development plan shall be heard before the city council. (3) The final development plan is reviewed to ensure that the proposed final development plan is consistent with the preliminary development plan and to address any new or outstanding concerns from preliminary approval. (4) Should the final development plan be revised by the applicant beyond the allowed plan modifications outlined in section 44-1169, a new preliminary development plan shall be reviewed and approved simultaneously following the process outlined for a preliminary development plan process, including a public hearing and consideration by the planning September 14, 2020 25 City Council Meeting Minutes commission and city council. (f) While the rezoning is approved during the preliminary development plan stage, the final rezoning to the planned unit development (PUD) district becomes official upon adoption of the final development plan. The rezoning shall create a new planned unit development (PUD district) within Article II, Division 15. (g) The development of the property in a planned unit development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require an amendment to the planned unit development as described in section 44-1169. Sec. 44-1168. — Standards. (a) Eligibility standards. To be eligible for a PUD district, all development should be in compliance with the following: (1) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this chapter and the comprehensive plan; (2) Any PUD which involves a single land use type or housing type may be permitted, provided that it is otherwise consistent with the objectives of this chapter and the comprehensive plan; (3) Permitted densities may be specifically stated in the appropriate planned development designation and shall be in general conformance with the comprehensive plan; and (4) The setback regulation, building coverage and floor area ratio of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in Section 44-1166. (b) Common open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protections: (1) Except for routine maintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water. (2) The exterior storage of vehicles or other materials shall be prohibited. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construction project. (3) If on a public water, uncontrolled beaching of watercraft shall be prohibited. September 14, 2020 26 City Council Meeting Minutes (c) Owners' association. All planned unit developments with common open space must have an owners' association with the following features: (1) Each lot owner must be a member. (2) Each member must pay a pro rata share of the association's expenses, and unpaid association assessments can become liens on units or sites. (3) Association assessments must be adjustable to adapt to changing conditions. (4) The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities. (d) The city shall designate PUDs on the official city zoning map. Sec. 44-1169. - Amendments to a PUD. (a) A request for an amendment shall be sought when there is a change to the approved planned unit development (PUD) district, including an approved preliminary development plan. (b) Classification of the amendment (1) An amendment shall be classified as a minor amendment if no substantive changes are proposed. Substantive change shall be determined by the director of community development based on all of the following factors: a. The uses proposed are pre-existing uses, allowed in the original approval, or permitted in the underlying zoning district. b. The amendment does not result in a significant increase in density. c. The amendment does not reduce setbacks or applicable performance standards. (2) An amendment shall be classified as a major amendment if the director of community development determines it does not meet the classification of a minor amendment as described in subsection (a) above. (c) Process (1) A pre -application meeting pursuant to Sec. 44-1167 (a) is required prior to submitting an amendment to a PUD. (2) The director of community development shall determine whether the amendment proposed is a minor or major amendment. (3) Review process. September 14, 2020 27 City Council Meeting Minutes a. The director of community development shall review the application and refer it to applicable city staff for review. b. The appropriateness of a minor amendment shall be considered by the director of community development using the same criteria as used in establishing a PUD district. The director of community development shall determine whether the application will be granted, denied or if consideration by the planning commission and city council is needed. c. An application deemed to be a major amendment shall follow the same procedures set forth in Sec. 44-1167 for a new PUD District, including consideration by the planning commission and city council. Sec. 44-1170 — 44-1190. - Reserved Section V. Article IX. — SHORELAND OVERLAY DISTRICT, Secs. 44-1242 and 44- 1250 are hereby amended as follows. Sec. 44-1242. — Development standards. (a) Lot and building standards. The following lot and building standards shall apply to commercial developments and residential developments with four or fewer dwelling units per building. The city may only approve developments with more than four units per building within the shoreland district as shoreland planned unit developments: (c) Placement, design and height of structures. Placement, design and height of structures shall be in accordance with the following: (3) Height of structures. Unless approved as a shoreland planned unit development, the maximum height of all structures in residential districts, except churches and nonresidential agricultural structures, shall be 25 feet. Sec. 44-1250. — Shoreland planned unit developments. (a) Suitable area evaluation. The city shall determine the suitable area for calculating the density of a residential shoreland planned unit development (PUD) as follows: (b) Residential shoreland PUD density evaluation. The procedures for determining the base density of a shoreland PUD and density increase multipliers are as follows. The city or the developer may transfer allowable densities from any tier to any other tier further from the waterbody. The developer or owner may not transfer allowable densities to a tier closer to a waterbody: September 14, 2020 28 City Council Meeting Minutes (1) To determine the residential shoreland PUD base density, divide the suitable area within each tier by the minimum lot size for lakes or the minimum lot width times the tier depth for creeks. (2) Density increase multipliers: c. Allowable density increases for residential shoreland planned unit developments shall be as follows: (c) Open space requirements. Shoreland planned unit developments must contain open space meeting all of the following criteria: (4) For residential shoreland PUDs, at least 50 percent of the shore impact zone of existing developments or at least 70 percent of the shore impact zone of new developments must be preserved in its natural state. (d) Stormwater management. Each shoreland PUD must have a stormwater management plan consistent with the city's drainage plan and erosion control ordinance. (e) Centralization and design of structures and impervious surfaces. The following standards shall apply to shoreland PUDs: Section VI. This ordinance shall be effective following its adoption and publication. Seconded by Councilmember Knutson Ayes — All, via roll call The motion passed. Councilmember Knutson moved to approve the resolution authorizing publication of the ordinance by title and summarv. Resolution 20-09-1858 RESOLUTION AUTHORIZING PUBLICATION OF ORD. NO. 1014 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1014, an ordinance amending the city's planned unit development ordinance; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is several pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. September 14, 2020 29 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. 1014 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood City Council has adopted Ordinance No. 1014, amending the city's planned unit development (PUD) code. The most significant change that will result from the proposed amendment is that PUD will now be processed as a rezoning rather than as a conditional use permit. Through the rezoning, the PUD will be considered its own zoning district, have its own section in the zoning ordinance where standards are listed, and be labeled on the zoning map as PUD with a number. Andrea Sindt, City Clerk BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember Neblett Ayes — All, via roll call The motion passed. 8. Resolution Adopting the 2021 Preliminary Property Tax Levy and Setting the 2021 Budget Public Hearing Date and Time Finance Director Paulseth gave the staff report. Councilmember Juenemann moved to approve the resolution setting a preliminary tax levy for taxes payable in 2021 of $23,217,300, and setting the 2021 budget hearing for December 14. 2020 at 7:00 PM. Resolution 20-09-1859 RESOLUTION ADOPTING THE 2021 PRELIMINARY PROPERTY TAX LEVY AND SETTING THE 2021 BUDGET PUBLIC HEARING DATE AND TIME WHEREAS, State law requires that the City Council adopt a proposed property tax levy for taxes payable in 2021 by September 30, 2020; and WHEREAS, the City Council has reviewed the proposed 2021 Budget and has determined the amount of the proposed tax levy payable in 2021, which is the maximum amount that will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT: 1. The proposed tax levy for taxes payable in 2021, in the amount of $23,217,300 is hereby adopted and shall be certified to the Ramsey County Auditor as follows: September 14, 2020 30 City Council Meeting Minutes General Fund $ 17,324,330 Debt Service Funds $ 4,909,890 EDA Fund $ 100,000 Capital Improvement Fund $ 85,000 Public Safety Equipment Fund $ 390,000 Building and Facilities Fund $ 200,000 Community Center Fund $ 208,080 Total Levy $ 23,217,300 2. Debt levies have been reduced by other revenue sources as follows: Levy year 2020 ADDITIONS OR CERTIFIED ORIGINAL DATE PAYABLE 2021 REDUCTIONS BY DEBT BOND ISSUES ----------------------- PRINCIPAL ------------------------ ISSUED DEBT LEVY -------------- RESOLUTION -------------- LEVY ----------- ----------------------- GO IMP 2007B ------------------------ 5,090,000 15-Oct-07 -------------- $ 338,322.88 -------------- -338,322.88 ----------- $ - GO IMP REFUNDING 2009A 4,680,000 1-Apr-09 186,516.34 -186,516.34 0.0c GO IMP 2011A 10,000,000 1-Jun-11 413,908.49 -413,908.49 0.0c GO 2012A 5,780,000 1-Jul-12 113,201.31 -58,581.31 54,620.Oc GO 2013A refunding 6,180,000 1-Jun-13 437,120.30 -0.30 437,120.Oc GO 2013B refunding 3,700,000 18-Dec-13 214,462.50 0.50 214,463.Oc GO 2014A 7,745,000 1-Aug-14 520,875.78 0.22 520,876.Oc GO Imp 2015A refunding 3,790,000 1-Jan-15 402,147.50 0.50 402,148.Oc GO 2015B 1,215,000 8-Jul-15 116,130.00 -68,670.00 47,460.Oc GO 2015C refunding 7,990,000 8-Jul-15 456,644.79 0.21 456,645.Oc GO 2016A 3,765,000 8-Sep-16 281,744.16 -0.16 281,744.Oc GO 2016B refunding 5,775,000 8-Sep-16 581,180.00 -196,796.00 384,384.Oc GO Imp Refunding 2017B 3,145,000 11-May-17 546,000.06 -0.06 546,000.00 GO 2017A 3,850,000 11-May-17 105,946.48 159,999.52 265,946.Oc GO 2018A 6,940,000 14-Jun-18 287,686.20 170,994.80 458,681.Oc GO 2019A 4,475,000 18-Jul-19 158,411.57 93,423.43 251,835.Oc GO 2020A 5,480,000 4-Nov-20 657,684.51 -414,829.51 242,855.Oc GO 2020B 6,200,000 1-Jul-20 345,112.97 0.03 345,113.Oc $6,163,095.84-$1,253,205.84 $4,909,890.00 ------------------------------------ ------------------------------------ 3. The date for the public hearing and consideration of the final 2021 levy and budget shall be Monday, December 14, 2020 at 7:00 pm in the Maplewood City Council Chambers, by hybrid virtual method. Seconded by Councilmember Knutson Ayes — All, via roll call The motion passed. 9. Closed Session Pursuant to Minn. Stat., Section 13D.05, subd. 3(b) for Attorney -Client Privileged Discussion Regarding Pending Litigation, Myth Live II, Inc v. City City Manager Coleman gave instruction for closing the meeting. Councilmember Neblett moved to approve the close the regular meeting and go into September 14, 2020 31 City Council Meeting Minutes closed session to discuss pending litigation related to the Myth Live II, Inc., pursuant to Minnesota Statutes Section 13D.05. subd. 3b. Seconded by Councilmember Juenemann Ayes — All, via roll call The motion passed. Mayor Abrams closed the meeting at 9:05 p.m. The following were present during the closed session: Mayor Abrams, Councilmember Juenemann, Councilmember Knutson, Councilmember Neblett, Councilmember Smith, City Manager Coleman, Assistant City Manager/HR Director Sable, IT Director Fowlds, City Attorney Batty, Public Safety Director Nadeau, and LMC Attorney Paul Reuvers. Mayor Abrams called the meeting back to order at 9:30 p.m. City Attorney Batty reiterated attorney client privilege requires no summary. K. AWARD OF BIDS Resolution Receiving Bids and Awarding Construction Contract for 1902 Building Roof Replacement, City Project 20-06 Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the Resolution for Receiving Bids and Awarding Construction Contract for the 1902 Building Roof Replacement, City Project 20-06, to Berwald Roofing Company, Inc. in the amount of $469,300.00. Resolution 20-09-1860 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by City Council on August 10, 2020 approving plans and specifications and advertising for bids for the 1902 Building Roof Replacement, City Project 20-06, and WHEREAS, the plans and specifications were advertised for bids, and WHEREAS, bids were received and opened on September 4, 2020 at 10:00 A.M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the bid by Berwald Roofing Company, Inc. in the amount of $469,300 is the lowest responsible bid for the construction of the 1902 Building Roof Replacement, City Project 20-06, and the Mayor and the City Manager are hereby authorized and directed to enter into a Contract with said bidder for and on behalf of the City. FURTHERMORE, a budget of $491,050.00 shall be established in the Building Fund. The Finance Director is hereby authorized to make the financial transfers necessary to implement the Financing plan to finance said project. September 14, 2020 32 City Council Meeting Minutes Seconded by Councilmember Knutson Ayes — All, via roll call The motion passed. L. ADJOURNMENT Each councilmember shared thoughts on current events. Mayor Abrams adjourned the meeting at 9:42 p.m. Andrea Sindt, City Clerk September 14, 2020 33 City Council Meeting Minutes