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HomeMy WebLinkAbout2022-09-26 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 26, 2022 City Hall, Council Chambers Meeting No. 20-22 A. 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 announced Fall is officially here and mentioned the upcoming City events that include the North Fire Station Open House, October 8 from 11 a.m. – 2:00 p.m., the Free Shredding Event, held at Aldrich Arena October 8 from 9:00 a.m. – 12:00 p.m., and the Trunk or Treat event sponsored by the Public Safety Department, held October 29. Mayor Abrams also announced the City has openings in many city commissions and encouraged residents to get involved and apply. 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 Agenda item H2 was moved to be heard before H1. Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. September 12, 2022 City Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the September 12, 2022 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Knutson Ayes – All The motion passed. 2. September 12, 2022 City Council Meeting Minutes September 26, 2022 City Council Meeting Minutes 1 Councilmember Knutson moved to approve the September 12, 2022 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations None 3. Swearing-In Ceremony for Firefighter/Paramedics Natalie Young and Michael Skara and Fire Captain/Paramedics Brad McGee, Jordan Wardell, and Michael Maleski Fire & EMS Chief Mondor addressed the council and introduced Firefighter/Paramedic Natalie Young, Firefighter/Paramedic Michael Skara, Fire Captain/Paramedic Brad McGee, Fire Captain/Paramedic Jordan Wardell, and Fire Captain/Paramedic Michael Maleski. City Clerk Sindt administered the oath before the pinning of their badges. 4. Resolution for Commissioner Reappointments City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the resolution for Commissioner Reappointments. Resolution 22-09-2123 RESOLUTION 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: Environmental & Natural Resources Commission Ted Redmond, term expires 9/30/2025 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 September 26, 2022 City Council Meeting Minutes 2 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 G5 was highlighted. Councilmember Knutson moved to approve agenda items G1-G6. Seconded by Councilmember Cave Ayes – All The motion passed. 1. Approval of Claims Councilmember Knutson moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,063,821.07 Checks # 109635 thru # 109673 dated 09/13/22 $ 826,117.78 Checks # 109674 thru # 109701 dated 09/20/22 $ 1,075,617.99 Disbursements via debits to checking account dated 09/05/22 thru 09/18/22 $ 2,965,556.84 Total Accounts Payable PAYROLL $ 629,983.05 Payroll Checks and Direct Deposits dated 09/16/22 $ 629,983.05 Total Payroll $ 3,595,539.89 GRAND TOTAL Seconded by Councilmember Cave Ayes – All The motion passed. 2. Financial Report for the Month Ended August 31, 2022 No Action Required. 3. Local Lawful Gambling Permit for Presentation of the Blessed Virgin Mary, 1725 Kennard Street, November 12, 2022 Councilmember Knutson moved to approve the Local Lawful Gambling permit for Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, for November 12, 2022. September 26, 2022 City Council Meeting Minutes 3 Seconded by Councilmember Cave Ayes – All The motion passed. 4. Local Lawful Gambling Permit for Presentation of the Blessed Virgin Mary, 1725 Kennard Street, November 19, 2022 Councilmember Knutson moved to approve the Local Lawful Gambling permit for Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, for November 19, 2022. Seconded by Councilmember Cave Ayes – All The motion passed. 5. Conditional Use Permit Review, White Bear Meadery, 1320 County Road D Circle East Councilmember Knutson moved to approve the CUP review for White Bear Meadery and review again in six months. Seconded by Councilmember Cave Ayes – All The motion passed. 6. 2022 – 2023 School Resource Officer Agreement with Independent School District 622 Councilmember Knutson moved to approve the 2022 – 2023 School Resource Officer Agreement with Independent School District 622. Seconded by Councilmember Cave Ayes – All 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. Agenda item H2 was heard before H1. Councilmember Knutson left the meeting after agenda item H2. 1. Xcel Energy, 1555 Century Avenue North a. Public Hearing b. Conditional Use Permit and Wetland Buffer Waiver Resolution c. Public Vacation of an Easement Resolution Community Development Director Thomson and Environmental Planner Finwall gave the presentation. September 26, 2022 City Council Meeting Minutes 4 Mayor Abrams opened the public hearing. The following people spoke: None Mayor Abrams closed the public hearing. Councilmember Cave moved to approve the resolution for a conditional use permit and a wetland buffer waiver permitting Xcel Energy’s gas plant improvements at its site located at 1555 Century Avenue North. Resolution 22-09-2124 CONDITIONAL USE PERMIT AND WETLAND BUFFER WAIVER RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Xcel Energy has requested approval of a conditional use permit to allow for improvements to its existing gas plant. 1.02 The applicant has also requested approval of a wetland buffer waiver of 25 feet from the Manage B wetland on-site and 70 feet from the Manage A wetland on- site. 1.03 The property is located at 1555 Century Avenue North and is legally described as: Real property in the City of Maplewood, County of Ramsey, State of Minnesota, described as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 29 North, Range 22 West, described as follows, to wit: Commencing at the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 24; thence West along the North line of said Southeast Quarter of the Northeast Quarter, a distance of 33 feet to a point in the West line of East County Line Road as now located and established, said point being the point of beginning of the land herein described; thence Southerly along said West line of East County Line Road a distance of 287.52 feet, more or less, to a point distant 94 feet Northwesterly, measured at right angles from the center line of the most Northerly main track; thence Southwesterly parallel with said center line of said most Northerly main track a distance of 1043.58 feet; thence Northerly along a line forming an angle of 115 degrees 54 minutes with an extension of the last described course, a distance of 649.8 feet, more or less, to the said North line of the Southeast Quarter of the Northeast Quarter; thence East along the North line of said Southeast Quarter of the Northeast Quarter a distance of 970.20 feet to the point of beginning. (Abstract Property) The Southeast quarter of the Northeast quarter of the Northeast quarter of Section 24, Township 29, Range 22 except the East 49.5 feet. (Torrens Property, Certificate of Title No. 517771) September 26, 2022 City Council Meeting Minutes 5 (PIN 24-29-22-11-0005) Section 2. Standards. 2.01 City Ordinance Section 44-1092(1) requires public and private utilities have a conditional use permit. 2.02 City Ordinance Section 18-221(e)(2)(J) allows the city council to waive wetland buffer requirements for public or semi-public utilities. 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. 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. 2.04 Wetland Buffer Waiver Standards. City Ordinance Section 18-221(e)(2)(J) states that the City Council must base approval of a Waiver on the following nine standards. 1. The city may only allow the construction of public utilities through buffers where there is no other practical alternative. September 26, 2022 City Council Meeting Minutes 6 2. Before the City Council acts on the waiver, the Environmental and Natural Resources Commission and the Planning Commission shall make a recommendation to the City Council. The city shall hold a public hearing for the waiver. The city shall notify the property owners within 500 feet of the property for which the waiver is being requested at least ten days before the hearing. 3. Utility corridors shall not be allowed near endangered or threatened species. 4. Utility corridors, including any allowed maintenance roads, shall be as far from the wetland as possible. 5. Utility corridor construction and maintenance shall protect the wetland and buffer and avoid large trees as much as possible. 6. The city shall not allow the use of pesticides or other hazardous or toxic substances in buffers or wetlands; however, in some situations the use of herbicides may be used if prior approval is obtained from the administrator. 7. The owner or contractor shall replant utility corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city ordinance. 8. Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to the road which is parallel to the wetland edge. If parallel roads are necessary they shall be no greater than 15 feet wide. 9. The City Council, upon recommendation of the administrator, may require additional mitigation actions as a condition of granting the waiver. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The proposal meets the specific wetland buffer waiver standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit and wetland buffer waiver requests. 1. On August 15, 2022, and September 19, 2022, the environmental and natural resources commission reviewed this project and the wetland buffer waiver request. The environmental and natural resources commission recommended that the city council approve this resolution. 2. On August 16, 2022, 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 September 26, 2022 City Council Meeting Minutes 7 planning commission recommended that the city council approve this resolution. 3. On September 26, 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. All construction shall follow the site plan approved by the City. 2. The proposed construction 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. 3. The City Council shall review this permit in one year. 4. Any fence over six feet tall requires a building permit issued by the city. 5. Meet all requirements of Jon Jarosch’s Engineering Plan Review, dated August 8, 2022. 6. Meet all requirements of Shann Finwall and Carole Gernes‘ Environmental Review, dated September 20, 2022. 7. Receive approval from the City’s Minor Construction 15-Day Review process for the design of the project. Seconded by Councilmember Villavicencio Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Absent – Councilmember Knutson The motion passed. Councilmember Cave moved to approve the resolution for the public vacation of an easement located within the site at 1555 Century Avenue North. Resolution 22-09-2125 PUBLIC VACATION OF AN EASEMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. September 26, 2022 City Council Meeting Minutes 8 1.01 Xcel Energy has petitioned the Maplewood City Council to vacate an unused public easement that crosses the site at 1555 Century Avenue North. 1.02 The easement with a recording document number of 2087450 is legally described as: A permanent easement for public purposes, over, across and through the South thirty three (33) feet of the Northeast 1/4 of the Northeast 1/4 of Section 24, Townhip 29, Range 22, Ramsey County, Minnesota. 1.03 A hearing notice on said petition was published in the City of Maplewood’s official newspaper and written notice was mailed to the property owners within 500 feet of this unplatted property. 1.04 On September 12, 2022, the City Council held a hearing on such petition, at which time all persons for and against the granting of said petition were heard. Section 2. Standards 2.01 Minnesota state statute requires that no vacation shall be made unless it appears in the interest of the public to do so. Section 3. Findings. 3.01 The Maplewood City Council makes the following findings: 1. There is no anticipated public need for the described unused public easement. 2. The vacation is not counter to the public interest. 4.01 Therefore, the city council is in favor of the vacation of the above-described unused public easement. Seconded by Councilmember Juenemann Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Absent – Councilmember Knutson The motion passed. 2. EDA Tax Increment Financing District No. 1-16 a. Public Hearing b. Resolution Approving Modification of the Development District Program for Development District No. 1 and the Tax increment Financing Plan for Tax increment Financing District No. 1-16 Community Development Director Thomson gave the presentation. Mayor Abrams opened the public hearing. The following people spoke: September 26, 2022 City Council Meeting Minutes 9 None Mayor Abrams closed the public hearing. Councilmember Knutson moved to approve the Resolution Approving Modification of the Development District Program for Development District No. 1 and the Tax Increment Financing Plan for Tax Increment Financing District No. 1-16. Resolution 22-09-2126 RESOLUTION APPROVING MODIFICATION OF THE DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-16 BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the city of Maplewood (the “City”) established the Maplewood Economic Development Authority (“MEDA”) to promote development and redevelopment within the community. 1.02. On July 22, 2019 the City adopted a modified Enabling Resolution for MEDA, giving it the authority of an economic development authority under Minnesota Statutes, sections 469.090 through 469.1081 (the “EDA Act); of a housing and redevelopment authority under Minnesota Statutes, sections 469.001 through 469.047 (the “HRA Act”); and of a city under Minnesota Statutes, sections 469.124 through 469.134 (the “City Development Districts Act”). 1.03. In response to a proposal to redevelop the property at 3090 Southlawn Drive, on which exists a structurally substandard building, MEDA determined to establish a tax increment financing district. 1.04. MEDA and the City investigated the facts and caused to be prepared a modification to the Development District Program (the “Development Program”) for Development District No. 1 (the “Project”) and a tax increment financing plan (the “TIF Plan”) for Tax Increment Financing District No. 1-16 (the “TIF District”), describing the assistance which may be provided to encourage redevelopment within the Project. 1.05. All actions required by law to be performed prior to the adoption of the modified Development Program and the TIF Plan and establishment of the TIF District have been performed, including approval of the TIF Plan by MEDA at its meeting on September 26, 2022. 1.06. MEDA and the City notified Ramsey County and Independent School District No. 622 of the public hearing on the modified Development Program and TIF Plan to be held before the City Council on September 26, 2022. 1.07. The modified Development Program and TIF Plan are contained in a document entitled “Modification to the Development Program, Development District No. 1 and Tax Increment Financing Plan for Tax Increment Financing District No. 1-16,” dated September 26, 2022 and on file at Maplewood city hall. September 26, 2022 City Council Meeting Minutes 10 1.08. The City Council has fully reviewed the contents of the modified Development Program and TIF Plan and has on September 26, 2022 conducted a public hearing thereon at which the views of all interested persons were received orally or in writing. Section 2. Findings Relating to the Adoption of the Modified Development Program. 2.01. The City finds that the modified Development Program, which consists of inclusion of an additional tax increment financing district, continues to be consistent with the City’s comprehensive plan. 2.02. The City finds that the adoption of the modified Development Program will promote redevelopment of property within the Project and is in the vital interests of the community as a whole. Section 3. Findings Relating to the Establishment of Tax Increment Financing District No. 1- 16. 3.01. The City finds and determines that it is necessary and desirable for the sound and orderly development of the Project and of the community as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by MEDA and the City to establish Tax Increment Financing District No. 1-16. 3.02. The City further finds and determines, and it is the reasoned opinion of the City, that the redevelopment proposed in the TIF Plan for the TIF District could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the land within the TIF District that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed redevelopment, after subtracting the present value of the projected tax increments for the maximum duration of the TIF District, and that therefore the use of tax increment financing is necessary to assist the project. 3.03. The expenditures proposed to be financed through tax increment financing are necessary to permit MEDA and the City to realize the full potential of the Project in terms of development intensity, diversity of uses and tax base and to facilitate the redevelopment of land and provide additional market rate housing within the City’s North End area, which is consistent with the City’s North End Vision Plan and the comprehensive plan. 3.04. The TIF Plan for the TIF District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for redevelopment of the Project by private enterprise. The building within the TIF District is structurally substandard within the meaning of Minnesota Statutes, section 469.174, subd. 10. 3.05. The TIF Plan for the TIF District conforms to the general plan for the development and redevelopment of Maplewood as a whole. The developer’s plans to add housing and increase the mix of uses in the North End is fully consistent with the city’s area and comprehensive plans. September 26, 2022 City Council Meeting Minutes 11 3.06. The City has relied upon the written representation made by the developer, review of the developer’s proforma, the opinions and recommendations of City staff, and the personal knowledge of the members of the City Council in reaching its conclusions regarding the TIF Plan and the establishment of the TIF District. The City also reviewed a Property Condition Assessment report prepared for MEDA by Braun Intertec dated August 12, 2022 regarding the lot coverage and structural condition of the one principal building within the TIF District and has relied upon said report in reaching the determination that the area qualifies as a redevelopment tax increment financing district. 3.07. TIF District No. 1-16 is a redevelopment tax increment financing district within the meaning of Minnesota Statutes, section 469.174, subd. 10(a)(1). LHB, Inc. has reviewed the property to be included within the TIF District and prepared a report on the condition of principal building located thereon. The report, which was prepared after an interior and exterior inspection of the building, establishes that the building is structurally substandard and that the TIF District qualifies as a redevelopment tax increment district. A copy of this report will be retained at city hall for the duration of the TIF District. 3.08. The reasons and supporting facts regarding the fundings required by Minnesota Statutes, section 469.175, subd. 3 are included in Exhibit C to the TIF Plan and are hereby incorporated into this resolution as if fully set forth herein. Section 4. Approval of Modified Development Program and Tax Increment Financing Plan; Establishment of Tax Increment Financing District No. 1-16; 4.01. The modified Development Program for Development District No. 1 is hereby approved. 4.02. The TIF Plan for TIF District No. 1-16 is hereby approved, as adopted by MEDA. Tax Increment Financing District No. 1-16 is hereby established. 4.03. The Executive Director of MEDA is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the modified Development Program and the TIF Plan to Ramsey County with a request that the original tax capacity of the property within TIF District No. 1-16 be certified to MEDA pursuant to Minnesota Statutes, section 469.177, subd. 1 and to file a copy of the modified Development Program and the TIF Plan for TIF District No. 1-16 with the Minnesota department of revenue. Seconded by Councilmember Juenemann Ayes – All The motion passed. otion passed I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Massage Center License for Aric Ashley Salon, 2255 Minnehaha Ave E City Clerk Sindt have the staff report. Applicants, Janet and Eric Almendinger, addressed the council. Councilmember Cave moved to approve the Massage Center license for Aric Ashley Salon, September 26, 2022 City Council Meeting Minutes 12 located at 2255 Minnehaha Ave E. Seconded by Councilmember Juenemann Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Absent – Councilmember Knutson The motion passed. 2. Letter of Intent with Beacon Interfaith Housing Collaborative and the Philippine Center of Minnesota for the Exchange of 1900 Clarence Street North and the Surface Parking Lot Adjacent to 1375 Frost Avenue Community Development Director Thomson gave the staff report. Councilmember Cave moved to approve the letter of intent with Beacon Interfaith Housing Collaborative and the Philippine Center of Minnesota for the exchange of surface lots located at 1900 Clarence Street North and the lot adjacent to 1375 Frost Avenue East. Seconded by Councilmember Juenemann Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Absent – Councilmember Knutson The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:04 p.m. Andrea Sindt, City Clerk September 26, 2022 City Council Meeting Minutes 13