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HomeMy WebLinkAbout2021-10-11 City Council Meeting MinutesA. C 7 E. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 11, 2021 City Hall, Council Chambers Meeting No. 19-21 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 commented on the events in Maplewood this past weekend including attended the shredding event at Aldrich Arena, Ramsey County hazardous waste drop- off, and the open house at the Maplewood South Fire Station. PLEDGE OF ALLEGIANCE Oskar Kleiter, Lucas Schirmer, Myles Fauske, David Ennis, & Wesley Loughrey with Cub Scouts pack 471 led the council in the pledge of allegiance. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Absent William Knutson, Councilmember Present Nikki Villavicencio, Councilmember Present APPROVAL OF AGENDA The following items were added to council presentations: Ramsey County proposed changes to park ordinance. Councilmember Knutson moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes — All The motion passed. APPROVAL OF MINUTES 1. September 27, 2021 City Council Workshop Meeting Minutes Councilmember Cave moved to approve the September 27, 2021 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Villavicencio Ayes — All The motion passed. 2. September 27, 2021 City Council Meeting Minutes October 11, 2021 City Council Meeting Minutes 1 Councilmember Cave moved to approve the September 27, 2021 City Council Meeting Minutes as submitted. Seconded by Councilmember Knutson 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 and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations Ramsey County proposed changes to park ordinance Mayor Abrams announced that Ramsey County is considering expanding county park access hours and outlined opportunities for residents to share opinions and comments. 3. Heart Safe Community Recognition Presentation Fire & EMS Chief Mondor introduced the presenter. Renee Hamdorf, with Allina Health Heart Safe Communities, gave the presentation and recognized Maplewood as a Heart Safe City. No Action Required. 4. Resolution for Commissioner Appointments City Manager Coleman gave the staff report. Councilmember Knutson moved to approve the resolution to appoint the candidates to the commissions. Resolution 21-10-1990 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: Communitv Desian Review Board Tom Oszman term expires April 30, 2023 Amanda Reinert term expires April 30, 2022 Parks & Recreation Commission Monica Barton term expires April 30, 2024 Mark Harris term expires April 30, 2024 October 11, 2021 City Council Meeting Minutes 2 Seconded by Councilmember Cave Ayes — All The motion passed. G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda Items G2, G8, & G9 were highlighted. Councilmember Knutson moved to approve agenda items G1 -G12. Seconded by Councilmember Cave Ayes — All The motion passed. 1. Approval of Claims Councilmember Knutson moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,114,482.97 Checks # 108008 thru # 108033 dated 09/28/21 $ 74,538.50 Checks # 108034 thru # 108055 dated 10/05/21 $ 904,521.95 Disbursements via debits to checking account dated 09/20/21 thru 10/03/21 $ 2,093,543.42 Total Accounts Payable PAYROLL $ 608,047.71 Payroll Checks and Direct Deposits dated 10/01/21 $ 608,047.71 Total Payroll $ 2,701,591.13 GRAND TOTAL Seconded by Councilmember Cave Ayes — All The motion passed. 2. 2021-2022 School Resource Officer Agreement with Independent School District 622 Public Safety Director Bierdeman answered questions of council. Councilmember Knutson moved to approve the 2021-2022 School Resource Officer October 11, 2021 City Council Meeting Minutes 3 Agreement with Independent School District 622. Seconded by Councilmember Cave Ayes — All The motion passed. 3. Conditional Use Permit Review, Justice Allen Page Elementary School, 2410 Holloway Avenue Councilmember Knutson moved to approve the CUP review for the Justice Allen Page Elementary School project located at 2410 Holloway Avenue, for one year. Seconded by Councilmember Cave Ayes — All The motion passed. 4. Conditional Use Permit Review, The Car Buying Center (Eurowerks), 1955 County Road D East Councilmember Knutson moved to approve the CUP review for The Car Buying Center (Eurowerks) located at 1955 Countv Road D East and review aaain in one vear. Seconded by Councilmember Cave Ayes — All The motion passed. 5. Conditional Use Permit Review, HyVee Fast and Fresh, 2501 White Bear Avenue Councilmember Knutson moved to approve the CUP review for the HyVee Fast and Fresh Convenience Store located at 2501 White Bear Avenue and review again only if a problem arises or a major change is proposed. Seconded by Councilmember Cave Ayes — All The motion passed. 6. Conditional Use Permit Review, Family Auto Sales, 1065 Highway 36 Councilmember Knutson moved to approve the CUP review for Family Auto Sales located at 1065 Highway 36 and review again in one year. Seconded by Councilmember Cave Ayes — All The motion passed. 7. Purchasing Agreement with Axon Enterprise Inc. for Fire Department Body Worn Cameras Councilmember Knutson moved to approve the purchasing agreement with Axon Enterprise Inc. for Fire Department body worn cameras. Seconded by Councilmember Cave Ayes — All October 11, 2021 City Council Meeting Minutes 4 The motion passed. 8. On -Sale Wine License for Best Indian Food Inc. d/b/a Indian Masala, 27 Century Avenue North City Clerk Sindt gave the staff report. Harpreet Virk, qwner & manager, addressed the council and provided further information. Councilmember Knutson moved to approve the On -Sale Wine license for Best Indian Food Inc. d/b/a Indian Masala, located at 27 Century Avenue North. Seconded by Councilmember Cave Ayes — All The motion passed. 9. On -Sale Intoxicating Liquor and Sunday Sales License for MC Maplewood LLC d/b/a Millions Crab, 1745 Beam Avenue City Clerk Sindt gave the staff report. Xianwu Yang, owner & manager of Millions Crab, addressed the council through translator, Mingfeng Hong. Councilmember Knutson moved to approve the On -Sale Intoxicating Liquor and Sunday Sales license for MC Maplewood LLC d/b/a Millions Crab at 1745 Beam Avenue. Seconded by Councilmember Cave Ayes — All The motion passed. 10. Consent to Assignment Documents Regarding Frost English Silver Project Councilmember Knutson moved to approve the resolution entitled "Resolution Authorizir Execution of Consents to Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note (Frost English Silver) and Assignment of Tax Increment Revenue Note and Development Agreement and Amendment to Development Agreement". Resolution 21-10-1991 WHEREAS, in 2015, the City established Tax Increment Financing District 1-13, a redevelopment tax increment financing district, to assist a multi -phase multiple family housing project at Frost Avenue and English Street; and WHEREAS, on October 26, 2018, the City issued to Maplewood Senior Apartments, LLC , the developer of Frost English Silver, the 107 -unit Phase II of the project, a pay-as-you-go TIF Note in the principal amount of $3,900,000; and WHEREAS, Maplewood Senior Apartments, LLC is selling Phase II of the project to Frost English Silver I LLC (the "Buyer") and assigning the Note to the Buyer; and WHEREAS, the Buyer is financing the transaction and collaterally assigning its interest in the Note to its lender as additional security for the loan; and October 11, 2021 City Council Meeting Minutes 5 WHEREAS, the 2017 Development Agreement between the City and the developer prohibits the assignment of the Note without the consent of the City; and WHEREAS, appropriate agreements have been submitted by the parties to this transaction and reviewed by the City and have been found to be in proper form. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota as follows: 1. The Mayor and City Manager are authorized and directed to execute Consents to the following documents in the general forms attached hereto: a. Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note (Frost English Silver); and b. Assignment of Tax Increment Revenue Note and Development Agreement and Amendment to Development Agreement. 2. City staff are authorized and directed to change the ownership registration of the Note in the City's records in accordance with the above documents. 3. City staff and consultants are authorized and directed to take all additional actions as may be necessary or convenient to facilitate the intent of this resolution. Seconded by Councilmember Cave Ayes — All The motion passed. 11. Resolution Reaffirming and Approving the Sale of 2228 Maplewood Drive Councilmember Knutson moved to approve the resolution reaffirming and approving the sale by the city of 2228 Maplewood Drive and the purchase agreement therefor. Resolution 21-10-1992 RESOLUTION REAFFIRMING AND APPROVING THE SALE BY THE CITY OF 2228 MAPLEWOOD DRIVE AND THE PURCHASE AGREEMENT THEREFOR WHEREAS, the City of Maplewood (the "City") is the owner of certain real property located at 2228 Maplewood Drive , in the City of Maplewood, Minnesota (the "Property"); and WHEREAS, the legal description of the Property is: Lot 1, Block 1, Keller Addition, Ramsey County, Minnesota WHEREAS, Barostas, LLC, a Minnesota limited liability company (the "Buyer") has offered to purchase the Property and the City has accepted such offer to purchase; and WHEREAS, the City previously approved the Purchase Agreement conveying the Property to Buyer at its regular meeting on August 9, 2021 which approval was documented in the City's official minutes for said meeting; and October 11, 2021 City Council Meeting Minutes 6 WHEREAS, to timely complete the contemplated transaction, the title company utilized by the City and Buyer has requested that the City execute this resolution for recoding purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA AS FOLLOWS: 1. The recitals set forth herein are incorporated into and made a part hereof. 2. The City's minutes from its regular meeting on August 9, 2021, which include approval of the purchase agreement with Barostas, LLC for the Property, are hereby reaffirmed and incorporated herein. 3. The Mayor and the City Manager, staff, and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent hereof. Seconded by Councilmember Cave Ayes — All The motion passed. 12. Resolution Reaffirming and Approving the Sale of 2501 Londin Lane East Councilmember Knutson moved to approve the resolution reaffirming and approving the sale by the citv of 2051 Londin Lane East and the Durchase aareement therefor. Resolution 21-10-1993 RESOLUTION REAFFIRMING AND APPROVING THE SALE BY THE CITY OF 2501 LONDIN LANE EAST AND THE PURCHASE AGREEMENT THEREFOR WHEREAS, the City of Maplewood (the "City") is the owner of certain real property located at 2501 Londin Lane East, in the City of Maplewood, Minnesota (the "Property"); and WHEREAS, the legal description of the Property is: Part of the Northwest'/4 of the Northeast'/4 of Section 12, Township 28, Range 22 lying Southwesterly of New Lower Afton Road and lying Northerly and Northwesterly of Londin Lane, Ramsey County, Minnesota; and WHEREAS, Real Estate Equities, LLC, a Minnesota limited liability company (the "Buyer") has offered to purchase the Property and the City has accepted such offer to purchase; and WHEREAS, the City previously approved the Purchase Agreement conveying the Property to Buyer at its regular meeting on June 14, 2021, which approval was documented in the City's official minutes for said meeting; and WHEREAS, to timely complete the contemplated transaction, the title company utilized by the City and Buyer has requested that the City execute this Resolution for recoding purposes. October 11, 2021 City Council Meeting Minutes 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA AS FOLLOWS: The recitals set forth herein are incorporated into and made a part hereof. 2. The City's minutes from its regular meeting on June 14, 2021, which include approval of the purchase agreement with Real Estate Equities, LLC for the Property, are hereby reaffirmed and incorporated herein. 3. The Mayor and the City Manager, staff, and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent hereof. Seconded by Councilmember Cave Ayes — All The motion passed. H. PUBLIC HEARINGS — If you are here fora Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None UNFINISHED BUSINESS 1. Lot Width Variance Resolution, 2010 Edgerton Street North Community Development Director Thomson gave the staff report. Mayor Abrams moved to approve a resolution denying a variance request to create a lot 34 feet in width for the property located at 2010 Edgerton Street North. Resolution 21-10-1994 VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width in order to subdivide the existing property located at 2010 Edgerton Street North. 1.02 A variance is requested to allow a lot width of 34 feet. 1.03 The property located at 2010 Edgerton Street North is legally described as: PID# 172922130078 The North 320 feet of the West Half of the Southwest Quarter of the Northeast Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota, EXCEPT the North 182 feet of the West 195 feet thereof and ALSO EXCEPT the East 145 thereof. October 11, 2021 City Council Meeting Minutes 8 Section 2. Standards. 2.01 Variance Standard. City Ordinance 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; (3) the variance, if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The variance request for a lot width of 34 feet does not meet the required standards for a variance. Staff does not find: 1. That 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; 2. That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 3. That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 4.02 On July 20, 2021, 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. 4.03 On August 9, 2021, and on October 11, 2021, 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 approves the resolution. Denial of the application is based on the findings outlined in section 3 of this resolution. Seconded by Councilmember Knutson Ayes — All The motion passed. J. NEW BUSINESS 1. The American Cooperative on Lake Phalen, 1875 East Shore Drive a. Conditional Use Permit for a Shoreland Planned Unit Development, Preliminary Plat and Final Plat Resolution b. Design Review Resolution October 11, 2021 City Council Meeting Minutes 9 Community Development Director Thomson gave the staff report. Mick Conlan, President of Gramercy Development addressed the council and provided further information. Councilmember Knutson moved to approve a conditional use permit for a shoreland planned unit development, preliminary plat and final plat resolution for a 60 -unit senior housing cooperative building to be constructed at 1875 East Shore Drive. Resolution 21-10-1995 CONDITIONAL USE PERMIT FOR A SHORELAND PLANNED UNITDEVELOPMENT, PRELIMINARY PLAT AND FINAL PLAT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Mick Conlan, of Gramercy Development, has requested approval of a conditional use permit for a shoreland planned unit development. 1.02 The existing lot is currently an outlot and the applicant has requested approval for preliminary plat and final plat in order to develop this property. 1.03 The property is located at 1875 East Shore Drive and is legally described as: PIN: 162922310030 — Outlot A, Shores of Maplewood, Ramsey County, Minnesota. Section 2. Standards. 2.01 City Ordinance Section 44-1242 requires a Conditional Use Permit for a Shoreland Planned Unit Development. 2.02 Shoreland Conditional Use Permit Standards. City Ordinance Sec. 44-1247 states that the City Council must base approval of a Conditional Use Permit within Shoreland areas. There would be no soil erosion or pollution of public waters during or after construction. 2. The proposed plan would limit the visibility of structures from public waters (assuming summer conditions). 3. The types, uses and numbers of any watercraft that the project would generate would be compatible with the capacity of the public waters to handle these watercraft. 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. October 11, 2021 City Council Meeting Minutes 10 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. 2.04 City Ordinance Section 34-8 sets the minimum design standards for preliminary plats and final plats. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards for a shoreland planned unit development. 3.02 The proposal meets the specific subdivision design standards for a preliminary plat and a final plat. Section 4. City Review Process 4.01 The City conducted the following review when considering the conditional use permit for a planned unit development amendment request. On September 21, 2021, 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. October 11, 2021 City Council Meeting Minutes 11 2. On October 11, 2021, 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 approves 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 design and site plans date-stamped September 3, 2021. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. This approval permits density credits for underground parking and high-rise units adding 0.69 acres to the overall site size. 5. This approval permits the project to build a four-story, 53'-8" tall senior housing cooperative building. All requirements of the fire department must be met in the construction of this building. 6. This approval permits an 18 -foot side yard setback for the decks on the southwest corner of the building and the parking lot as shown on the site plan date-stamped September 3, 2021. 7. This approval permits a 21 -foot front yard setback for decks and a first -level canopy on the east side of the building as shown on the site plan date- stamped September 3, 2021. 8. This approval permits a concrete patio directly east of the building is permitted to be setback eight feet from the front property line as shown on the site plan date-stamped September 3, 2021. 9. This approval permits a concrete patio and pergola on the south portion of the site is permitted to be setback 13 feet from the south property line and nine feet from the east and west property lines as shown on the site plan date-stamped September 3, 2021. 10. This approval permits a reduction of the 50 percent open space requirement. The applicant shall be required to submit a stormwater management plan to the City Engineer and receive approval for a 20 percent impervious surface bonus as allowed by the shoreland ordinance in order to have 60 percent of the site covered by impervious surface. 11. Prior to the City signing the final plat for recording the applicant must submit the following: a. A plat opinion letter from the city attorney. October 11, 2021 City Council Meeting Minutes 12 Seconded by Councilmember Cave Ayes — All The motion passed. Councilmember Knutson moved to approve a resolution for design review. Resolution 21-10-1996 DESIGN REVIEW RESOLUTION Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Mick Conlan, of Gramercy Development, has requested approval of a design review. 1.02 The property is located at 1875 East Shore Drive and is legally described as: PIN: 1 6292231 0030 — Outlot A, Shores of Maplewood, Ramsey County, Minnesota. 1.03 On September 21, 2021, 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 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 are in keeping with the character of the surrounding neighborhood and are 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 and design plans 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 design October 11, 2021 City Council Meeting Minutes 13 plans date-stamped September 3, 2021. Approval is subject to the applicant doing the following: Obtain a conditional use permit for a shoreland planned unit development from the city council for this project. 2. Repeat this review in two years if the city has not issued a building permit for this project. 3. All requirements of the fire marshal and building official must be met. 4. Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated September 9, 2021. 5. Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes, dated September 13, 2021. 6. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 7. Rooftop vents and equipment shall be located out of view from all sides of the property. 8. A comprehensive sign plan is approved for this project, subject to the following conditions: a. A single monument sign is approved for this site and must meet the requirements of the city's sign ordinance. The monument sign shall be designed to be consistent with the project's building materials and colors. b. The monument sign must be located within the property boundaries and meet setback requirements. C. The director of community development may approve minor changes. 9. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b. Submit to staff a screening plan detailing that all ordinance requirements are met in terms of screening on the west side of the property. Submit to staff plans for the proposed pergola on the south portion of the site. Submit to staff a revised photometric plan meeting all city requirements. 10. The applicant shall complete the following before occupying the building: October 11, 2021 City Council Meeting Minutes 14 a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trails. 11. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12. All work shall follow the approved plans. The director of community development may approve minor changes Seconded by Councilmember Villavicencio Ayes — All The motion passed. 2. Ordinance Amendment for Dynamic Display Signs a. Ordinance Amendment to Chapter 44, Zoning, Revising Standards for Dynamic Display Signs b. Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) Community Development Director Thomson gave the staff report. Sean Kelly, with Wold Architects on behalf of ISD 622, addressed the council. Councilmember Knutson moved to approve the ordinance amending city code chapter 44 zoning, article III. sign regulations, relating to dynamic display signs for institutional uses within the City of Maplewood. Ordinance 1023 AN ORDINANCE AMENDING CITY CODE CHAPTER 44 ZONING, ARTICLE III. SIGN REGULATIONS, RELATING TO DYNAMIC DISPLAY SIGNS FOR INSTITUTIONAL USES WITHIN THE CITY OF MAPLEWOOD The Maplewood City Council ordains as follows: October 11, 2021 City Council Meeting Minutes 15 Section I. Section 44-732 is amended by adding subsection 9: Sec. 44-732. - Comprehensive sign and mural plans. (9) All permitted institutional or public uses. Section II. Section 44-733 is amended by adding the following definition: Sec. 44 -733. -Definitions. Institutional or public uses means uses such as public schools, fire stations, libraries, water system facilities, religious institutions, cemeteries, private schools, and other City, County, and State -used and owned properties. Section III. Section 44-742 is amended by adding subsections b(7) and c(8) to read as follows: Sec. 44-742. - Permitted signs in land use and zoning districts. (b) Signs in residential zoning districts (Districts R-1, R-1 R, R -S, R -E, R-2, R-3 and all subsequent residential zoning districts adopted after the date of this article). All signs require a sign permit unless otherwise noted. (7) On-site dynamic display signs for permitted institutional or public uses. (Refer to section 44-743 - dynamic display signs). (c) Signs in the LBC (limited business commercial), CO (commercial office), and NC (neighborhood commercial) zoning districts. All signs require a sign permit unless otherwise noted. (8) On-site dynamic display signs for permitted institutional or public uses. (Refer to section 44-743 - dynamic display signs). Section IV. Section 443-743 (c) and (d) are amended and subsection (k) is added to read as follows: (c) Standards for dynamic display signs located in the business commercial (BC) or heavy or light industrial (M-2 and M-1) zoning districts: (d) On-site dynamic display signs. On-site dynamic display signs located in the business commercial (BC) or heavy or light industrial (M-2 and M-1) zoning districts are allowed subject to the following conditions: (1) The images and messages displayed on the on-site dynamic display sign must be static and each display must be maintained for a minimum of two minutes; and the transition from one static display to another must be instantaneous without any special effects. (2) Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign face. October 11, 2021 City Council Meeting Minutes 16 (3) Must be located at least 200 feet from any property where there are structures used for residential purposes or from any park or open space land use district. (4) Must be located at least 100 feet from any side property line. (5) Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. (k) On-site dynamic display signs are permitted in zoning districts when in conjunction with a permitted institutional or public use, subject to the following conditions: (1) Dynamic Display signs require approval of a comprehensive sign plan. (2) All properties within 350 feet of a proposed dynamic display sign shall be notified of the application for a comprehensive sign plan. (3) Dynamic display signs are only permitted on monument signs. The area around the base of the sign shall be landscaped. (4) One dynamic display sign as part of a monument sign is permitted for each property. The entire monument sign cannot exceed 8 feet in height and 50 square feet in size. (5) The digital display portion of the sign may not comprise more than 50% of the sign area. The remainder of the sign must not have the capability to have a dynamic display. (6) All monument signs with a digital display shall maintain at least a ten -foot setback from any lot line and shall not be placed in a public right-of-way. This setback shall be increased to 20 feet if the adjacent property is used or shown on the city's land use plan for residential use. (7) The images and messages displayed must be static, and the transition from one display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. No portion of the images may flash, scroll, twirl, change color, or in any manner imitate movement. (8) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (9) The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. (10) The sign must be designed and equipped with a means to immediately discontinue the display if a malfunction occurs. (11) The dynamic display may not change more often than 30 seconds for date, time and temperature. All other messages must be displayed for at least two minutes. October 11, 2021 City Council Meeting Minutes 17 (12) Only one, contiguous dynamic display area is allowed on a sign face. (13) Audio speakers or any audio component is prohibited. The sign may not emit any sound. (14) The dynamic display cannot be illuminated between 10:00 pm and 6:00 am. (15) Dynamic displays must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between a 1/2 -hour before sunset and a 1/2 -hour after sunrise. Section V. This ordinance shall be effective following its adoption and publication. Seconded by Councilmember Cave Ayes — All The motion passed. Councilmember Villavicencio moved to approve a resolution authorizing publication of the ordinance by title and summarv. Resolution 21-10-1997 RESOLUTION AUTHORIZING PUBLICATION OF ORD. NO. 1023 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1023, an ordinance amending City Code Chapter 44 Zoning, Article III. Sign Regulations, relating to dynamic display signs for institutional uses within the City of Maplewood; 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. 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. 1023 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood City Council has adopted Ordinance No.1023, amending the city's sign code. The most significant change that will result from the proposed amendment is that dynamic LED display signs will now be permitted for all institutional properties throughout the City, when certain standards are achieved on the property. The primary areas of regulation in the ordinance pertain to sound, size of the overall sign and size of the dynamic LED display portion of the sign, setbacks, time of display and brightness. All applications for a dynamic LED display sign on institutional property requires notification to adjacent property owners within 350 feet of the property where the sign in proposed, and review and approval by the City's Community Design Review Board. October 11, 2021 City Council Meeting Minutes 18 L BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that a full copy of the ordinance is available in the office of the City Clerk at city hall for public inspection. This ordinance shall be effective upon adoption and publication. Seconded by Councilmember Cave Ayes — All The motion passed. 3. Review of 2022 Charitable Gambling Requests City Manager Coleman gave the staff report. Keli George, with Child Inc., addressed the council. Karsten Nelson, Pastor at Our Redeemer Lutheran Church, addressed the council. No Action Required. AWARD OF BIDS None ADJOURNMENT Mayor Abrams adjourned the meeting at 8:38 p.m. Andrea Sindt, City Clerk October 11, 2021 City Council Meeting Minutes 19