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HomeMy WebLinkAbout2022-01-10 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 10, 2022 Held Remotely Via Conference Call Meeting No. 01-22 A. CALL TO ORDER A meeting of the City Council was held remotely via conference call and was called to order at 7:05 p.m. by Mayor Abrams. Mayor Abrams reported on attending the special meeting of the Regional Council of Mayors regarding the increased criminal activity and accountability in the community and metro area. Chief Bierdeman also reflected on the crime rate and the court’s component. Chief Bierdeman then shared an update on the Best Buy looting incident in November. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA The following items were added to Council Presentations: St. John’s Hospital Interview Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. E. APPROVAL OF MINUTES 1. December 13, 2021 City Council Meeting Minutes Councilmember Juenemann moved to approve the December 13, 2021 City Council Meeting Minutes as submitted. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. 2. December 20, 2021 City Council Special Meeting Minutes Councilmember Juenemann moved to approve the December 20, 2021 City Council Special January 10, 2022 City Council Meeting Minutes 1 Meeting Minutes as submitted. Seconded by Councilmember Villavicencio Ayes – All, via roll call 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 St. John’s Hospital Interview Councilmember Knutson gave an update on the St. Paul Chamber interview with the Site Administrator of St. John’s Hospital. The focus of the interview was on workforce, Covid, ambulance services and future development in becoming a regional hospital. 3. Resolution for Commissioner Reappointments City Manager Coleman gave the staff report. Councilmember Knutson moved to approve the resolution for Commissioner Reappointments. Resolution 22-01-2024 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individual, who the Maplewood City Council has reviewed, to be reappointed to the following commission: Planning Commission John Eads Term expires 12/31/2024 Allan Ige Term expires 12/31/2024 Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. 4. 2022 City Council Appointments to Boards, Commissions and Miscellaneous Groups City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the 2022 City Council appointments to boards, commissions and miscellaneous groups. January 10, 2022 City Council Meeting Minutes 2 Acting Mayor* Councilmember Cave *Rotation of acting mayors: 2015 Abrams, 2016 Xiong, 2017 Juenemann, 2018 Smith, 2019 Juenemann (normal rotation interrupted by appointments),2020 Knutson, 2021 Juenemann Acting Mayor Pro Tem Councilmember Villavicencio Auditor Contact Mayor Abrams Councilmember Juenemann Community Design Review Board Councilmember Knutson Mike Martin (Staff Liaison) Data Compliance Officers: Responsible Authority Andrea Sindt City Personnel Officer Terrie Rameaux City Law Enforcement Officer Brian Bierdeman Development Committee** Mayor Abrams Councilmember Juenemann **Rotate councilmember to join mayor to work with City Manager on annual performance evaluation: 2016 Abrams, 2017 Juenemann, 2018 Xiong, 2019 Smith, 2020 Knutson, 2021 Knutson Environment & Natural Resources Councilmember Juenemann Commission Shann Finwall (Staff Liaison) Gold Line Partners - CMC Councilmember Cave (fka Gateway Corridor Commission) Mayor Abrams (Alternate) Gold Line BRT – PAC Councilmember Cave Steve Love (Alternate) Heading Home Ramsey Mayor Abrams (through RCLLG) Councilmember Juenemann (Alternate) Heritage Preservation Commission Councilmember Villavicencio Joe Sheeran (Staff Liaison) Housing & Economic Development Councilmember Knutson Commission Mike Martin (Staff Liaison) Maplewood Communications Mayor Abrams Councilmember Knutson (Alternate) Maplewood Green Team Councilmember Juenemann Shann Finwall (Staff Liaison) Official Newspaper Pioneer Press Parks & Recreation Commission Councilmember Villavicencio Audra Robbins (Staff Liaison) Planning Commission Councilmember Knutson Mike Martin (Staff Liaison) January 10, 2022 City Council Meeting Minutes 3 Purple Line Corridor - CMC Councilmember Villavicencio Councilmember Cave (Alternate) Ramsey County Dispatch Councilmember Juenemann Policy Committee Mayor Abrams (Alternate) Ramsey County League of Mayor Abrams of Local Governments Councilmember Villavicencio (Alternate) Regional Mayors Mayor Abrams Rice/Larpenteur Project Mayor Abrams Councilmember Cave (Alternate) Shann Finwall (Staff Liaison) Rush Line Corridor Councilmember Cave Mayor Abrams (Alternate) Melinda Coleman (Staff Liaison) St. Paul Regional Water Services Mayor Abrams Board of Water Commissioners Melinda Coleman (Alternate) Suburban Area Chamber of Commerce Melinda Coleman Mayor Abrams (Representative) Councilmember Knutson (Representative) Suburban Rate Authority Steve Love Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. 5. Fix It Launch Update Public Works Director Love gave the presentation. No Action Required. 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 G4, G5, G6, & G9 were highlighted. Councilmember Cave moved to approve agenda items G1-G9. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. January 10, 2022 City Council Meeting Minutes 4 ACCOUNTS PAYABLE: $ 683,927.92Checks # 108351 thru # 108386 dated 12/21/21 $ 705,834.43Checks # 108387 thru # 108423 dated 12/28/21 $ 66,041.71Checks # 108424 thru # 108438 dated 01/04/22 $ 1,355,794.05Disbursements via debits to checking account dated 12/13/21 thru 01/02/22 $ 2,811,598.11Total Accounts Payable PAYROLL $ 638,288.74Payroll Checks and Direct Deposits dated 12/24/21 $ 638,288.74Total Payroll 1. Approval of Claims $ 3,449,886.85GRAND TOTAL Councilmember Cave moved to approve the approval of claims. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 2. Financial Report for Month Ended November 30, 2021 No Action Required. 3. Resolution Designating Depositories for City Funds Councilmember Cave moved to approve the resolution designating depositories for city funds. Resolution 22-01-2025 DESIGNATING DEPOSITORIES FOR CITY FUNDS BE IT RESOLVED, that the following be and hereby are selected as depositories for deposits and investments of the City of Maplewood: Premier Bank Wells Fargo Bank US Bank 4M Fund/PMA RBC Oppenheimer January 10, 2022 City Council Meeting Minutes 5 TD Ameritrade BE IT FURTHER RESOLVED that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED that any funds in the above depositories may be withdrawn and electronically transferred to any other depository of the city by the request of the finance director or his/her designee. BE IT FURTHER RESOLVED that these depository designations are effective until December 31, 2022. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 4. Agreement with Axon Enterprise for Axon FLEET Squad Camera Installation and Use on Police Vehicles Councilmember Cave moved to approve the agreement with Axon Enterprise for Axon FLEET Squad Camera installation and use on police vehicles. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 5. Massage Center License for Guilin Massage, LLC d/b/a Guilin Massage, 1690 McKnight Road N, Suite E Councilmember Cave moved to approve the Massage Center license for Guilin Massage, LLC d/b/a Guilin Massage, located at 1690 McKnight Road N, Ste E. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 6. Resolution Directing Final Payment and Acceptance of Project, Southcrest- Ferndale Area Pavement Rehabilitation, City Project 20-09 Councilmember Cave moved to approve the resolution Directing Final Payment and Acceptance of Project for the Southcrest-Ferndale Area Pavement Rehabilitation, City Project 20-09. Resolution 22-01-2026 DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT SOUTHCREST-FERNDALE AREA PAVEMENT REHABILITATION, CITY PROJECT 20-09 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Southcrest-Ferndale Area Pavement Rehabilitation, City Project 20-09, and has let a construction contract, and January 10, 2022 City Council Meeting Minutes 6 WHEREAS, the City Engineer for the City of Maplewood has determined that the Southcrest-Ferndale Area Pavement Rehabilitation, City Project 20-09, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 20-09 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $1,394,850.74. Final payment to Northwest Asphalt, Inc. and the release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 7. Audio/Visual Agreement for North Fire Station Councilmember Cave moved to approve the agreement with AVI Systems Inc. for the installation and configuration of audio/video systems within the North Fire Station. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 8. Resolution Directing Modification of Existing Construction Contract, Change Order No. 8, No. 11, No. 13, and No. 15, North Fire Station Construction Project Councilmember Cave moved to approve the resolution Directing Modification of the Existing Construction Contract, Change Order No. 8, No. 11, No. 13 and Change Order No. 15, North Fire Station Construction Project and authorize the Mayor and City Manager to sign Change Order No. 8, No. 11, No. 13, and Change Order No. 15. Resolution 22-01-2027 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, NORTH FIRE STATION CONSTRUCTION PROJECT, CHANGE ORDER NO. 8, NO. 11, NO. 13 AND CHANGE ORDER NO. 15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of the North Fire Station, and has approved construction contracts related to the project. WHEREAS, it is now necessary and expedient that said contract be modified and designated as North Fire Station Construction Project, Change Order No. 8, No. 11, No. 13 and Change Order No. 15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 8 which is an increase of $875. January 10, 2022 City Council Meeting Minutes 7 The revised contract amount for Work Scope 08-A Twin Cities Hardware is $123,650. 2. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 11 which is an increase of $3,585.75. The revised contract amount for Work Scope 03-M Ebert Inc. is $896,441.61. 3. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 13 which is an increase of $7,393. The revised contract amount for Work Scope 26A-Electrical Production Services is $905,650. 4. The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 15 which is an increase of $2986. The revised contract amount for Work Scope 22-A-Northern Air Corporation is $475,666. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. 9. Resolution to Accept Donation from Schmelz Countryside Volkswagen Councilmember Cave moved to approve resolution accepting the donation made by Schmelz Countryside Volkswagen. Resolution 22-01-2028 EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENT WHEREAS, Schmelz Countryside has presented to the Maplewood Public Safety Department a donation in the amount of $2,000.00; and WHEREAS, this donation is intended for the purpose to benefit the Department; and WHEREAS, the Maplewood City Council is appreciative of the donation and commends Jonathan Schmelz, Jennifer Schmelz, and Schmelz Countryside Volkswagen 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 January 10, 2022 City Council Meeting Minutes 8 2. The donation will be appropriated for the Public Safety Department as designated; and 3. The appropriate budget adjustments be made. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. H. PUBLIC HEARINGS – If you are here for a 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 otion passed I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. MnDOT Cooperative Construction Agreement, Trunk Highway 36 Improvements, City Project 20-17 Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the Cooperative Construction Agreement, MnDOT Contract No: 1048553, with MnDOT and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. 2. Metropolitan Council Joint Powers and Cooperative Construction Agreement for the Gold Line Bus Rapid Transit Project, City Project 14-05 Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the Joint Powers and Cooperative Construction Agreement, Metropolitan Council No: 21I056, with the Metropolitan Council and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. 3. Erskine Wood Floors, 2728 Geranium Avenue East, Conditional Use Permit Amendment Resolution Community Development Director Thomson gave the staff report. Todd Erskine, of Erskine Wood Floors Inc., addressed the council and provided additional information. January 10, 2022 City Council Meeting Minutes 9 Councilmember Juenemann moved to approve a conditional use permit amendment resolution to allow indoor storage and outdoor storage in a BC (business commercial) zoning district, located at 2728 Geranium Avenue East. Resolution 22-01-2029 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Todd Erskine, of Erskine Wood Floors, has requested approval of a conditional use permit amendment. 1.02 The property is located at 2728 Geranium Avenue East and is legally described as: Lots 10, 11, 12, 13, and 14, Block 5, Midvale Acres No. 2, according to the plat on file in the Office of the County Recorder, Ramsey County, Minnesota; EXCEPT: That part of Lots 12, 13, and 14, Block 5, Midvale Acres No.2, according to the plat on file in the office of the County Recorder, Ramsey County, Minnesota, described as follows: Commencing at the northeast corner of said Block 5, thence South 00 degrees 04 minutes 14 seconds West, assumed bearing, along the east line of said Block 5 a distance of 226.80 feet to the point of beginning; thence North 89 degrees 55 minutes 46 seconds West 134.67 feet; thence South 48 degrees 10 minutes 15 seconds West 94.63 feet to the southwesterly line of said Lot 14; thence South 33 degrees 56 minutes 06 seconds East along said southwesterly line 145.00 feet to the southwesterly comer of said Lot 14; thence North 56 degrees 03 minutes 54 seconds East along the southeasterly line of said Block 5 a distance of 149.59 feet (recorded as 150 feet) to the southeasterly corner of said Block 5; thence North 00 degrees 04 minutes 14 seconds East along said east line of Block 5 a distance of 99.74 feet to the point of beginning. Section 2. Standards. 2.01 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. January 10, 2022 City Council Meeting Minutes 10 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 4.01 The City conducted the following review when considering the conditional use permit for a planned unit development amendment request. 1. On December 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. 2. On January 10, 2022, 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. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The Council may extend this deadline for one year. January 10, 2022 City Council Meeting Minutes 11 2. The City Council shall review this permit in one year. 3. The applicant shall submit a 15-day minor construction review application for the conversion of the north garage to a two-bay loading dock. 4. The applicant shall submit to the City for staff approval agreements between the owners of 2728 Geranium Avenue East and 2719 Stillwater Road for access, parking and use of the trash enclosure. 5. The applicant shall comply with the requirements of the City’s Building Official, Assistant Fire Chief and City Engineer. 6. At least seven arborvitaes trees shall be planted between the parking lot and the shared property line with 2700 Geranium Avenue East while also preserving the existing trees in this area. 7. All areas of the parking lot that have deteriorated shall be fixed in order to meet the city’s hard surface parking requirements. 8. All outside activity shall adhere to the City’s noise ordinance requirements Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. 4. Ridge Periodontics, 3033 Hazelwood Street North a. Conditional Use Permit Resolution b. Design Review Resolution Community Development Thomson gave the staff report. Bob Shaffer with Foundation Architects addressed the council and provided further information. Councilmember Juenemann moved to approve the conditional use permit resolution for a proposed dental clinic at 3033 Hazelwood Street North, subject to certain conditions of approval. Resolution 22-01-2030 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Foundation Architects, on behalf of the Ridge Periodontics and Dental Implants, has requested approval of a conditional use permit to operate a dental clinic on the property. 1.02 The property is located at 3033 Hazelwood Street North and is legally described as: Lot 1, Block 1, Maekloth Addition, Ramsey County, Minnesota January 10, 2022 City Council Meeting Minutes 12 PIN: 032922210119 1.03 City Ordinance Section 44-637(a) (b) requires a Conditional Use Permit for any building erected, altered or conducted within 350 feet of a residential district. Section 2. Standards. 2.01 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. 4.01 The City conducted the following review when considering this conditional use permit request. January 10, 2022 City Council Meeting Minutes 13 1. On December 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 approves this resolution. 2. On January 10, 2022, 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: 1. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 2. The city council shall review this permit in one year. 3. The applicant shall meet the conditions outlined in the design review resolution. 4. All work shall follow the approved plans. City staff may approve minor changes. Seconded by Councilmember Cave Ayes – All, via roll call The motion passed. Councilmember Juenemann moved to approve the design review resolution for a proposed dental clinic to be constructed at 3033 Hazelwood Street North, subject to certain conditions of approval. Resolution 22-01-2031 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Foundation Architects, on behalf of the Ridge Periodontics and Dental Implants, has requested design review approval to construct a dental clinic on the property. 1.02 The property is located at 3033 Hazelwood Street North and is legally described as: Lot 1, Block 1, Maekloth Addition, Ramsey County, Minnesota PIN: 032922210119 January 10, 2022 City Council Meeting Minutes 14 1.03 On December 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. Standards. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1. 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. Findings. 3.01 The proposal meets the specific findings for design review approval. Section 4. City Council. 4.01 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: 1. Repeat this review again in two years if the city has not issued a building permit. 2. The applicant shall meet the requirements set forth in the report by the Assistant City Engineer, Jon Jarosch, dated December 2, 2021. 3. The applicant shall meet the requirements set forth in the report by the Environmental Planner, Shann Finwall, and the Natural Resources Coordinator, Carole Gernes, dated December 10, 2021. The applicant shall work with staff to replace some of the landscaping details on the landscape plan, per staff’s recommendations. 4. All requirements of the Fire Code and Building Code must be achieved. January 10, 2022 City Council Meeting Minutes 15 5. All mechanical equipment and trash receptacles shall be screened from view of all nearby residential properties, per city ordinance standards. 6. The applicant shall provide additional screening along the southern edge of the parking lot. The screening can consist of fencing or landscaping. Given the existing easements, the applicant will work with the pipeline and power company to determine the best type of screening at this location. The applicant will provide a plan to the city for review detailing the proposed screening. The plan may be approved by staff. 7. The applicant shall restore any public right-of-way, adjacent property or property irons disturbed by the construction. 8. 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. 9. Written documentation from all easement holders affecting this site indicating approval of the plans for the planned improvements. 10. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. 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 the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12. The proposed building is permitted to be built within 50 feet of the existing pipeline on the site. The site has unique characteristics and challenges that justify approval of a revised pipeline setback. 13. Comply with all city ordinance requirements for signage, trash enclosures and parking. 14. All work shall follow the approved plans. City staff may approve minor changes. 15. The applicant shall submit color and building material samples to staff for approval prior to any permits being issued. Seconded by Councilmember Cave Ayes – All, via roll call January 10, 2022 City Council Meeting Minutes 16 The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Each councilmember shared thoughts on current events. Mayor Abrams adjourned the meeting at 9:08 p.m. Andrea Sindt, City Clerk January 10, 2022 City Council Meeting Minutes 17