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HomeMy WebLinkAbout2022-11-14 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 14, 2022 City Hall, Council Chambers Meeting No. 23-22 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 Acting Mayor Cave. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Absent Rebecca Cave, Acting Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA The following were added to council presentations: Ribbon Cutting Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Knutson Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. October 24, 2022 City Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the October 10, 2022 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Villavicencio Ayes – All The motion passed. 2. October 24, 2022 City Council Meeting Minutes Councilmember Juenemann moved to approve the October 10, 2022 City Council Meeting Minutes as submitted. Seconded by Councilmember Knutson Ayes – All November 14, 2022 City Council Meeting Minutes 1 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 Ribbon Cutting Councilmember Knutson attended, with Mayor Abrams, the ribbon cutting of the Cardiac Center at St. Johns Hospital. Councilmember Knutson also gave some history on the building of St. Johns Hospital and the expansions that have taken place. 3. Resolution of Appreciation for Ann Palzer, Environmental and Natural Resources Commission Rebecca Bryan, Acting Chair of the Environmental and Natural Resources Commission introduced Ann Palzer. Councilmember Juenemann read the resolution of appreciation. Ann Palzer addressed and thanked the council. Councilmember Juenemann moved to approve the Resolution of Appreciation for Ann Palzer, Environmental and Natural Resources Commissioner. Resolution 22-11-2136 RESOLUTION OF APPRECIATION WHEREAS, Ann Palzer has been a member of the Maplewood Environmental and Natural Resources Commission for eleven years and one month, serving from August 25, 2011 to September 30, 2022. Ms. Palzer has served faithfully in those capacities; and WHEREAS, during her term on the Environmental and Natural Resources Commission, Ms. Palzer helped guide many important City environmental ordinances and policies including: Living Streets Policy, Renewable Energy Ordinance, implementation of the Maplewood Trash Plan, Solid Waste Ordinance, Tree Ordinance, Maplewood Trash and Recycling Request for Proposals, Mississippi River Corridor Critical Area Ordinance, Urban Agriculture Ordinance, Stormwater Management Ordinance, 2040 Comprehensive Plan, Maplewood Nature Center Master Plan, Climate Adaptation Plan and Implementation Strategies; and WHEREAS, the Environmental and Natural Resources Commission and City Council have appreciated her experience, insights and good judgment; and WHEREAS, Ms. Palzer has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Palzer has shown dedication to her duties and has consistently contributed her leadership and efforts for the benefit of the City. November 14, 2022 City Council Meeting Minutes 2 NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Ann Palzer is hereby extended our gratitude and appreciation for her dedicated service. Seconded by Councilmember Knutson 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 G4, G5, & G7 were highlighted. Councilmember Villavicencio moved to approve agenda items G1-G7. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Villavicencio moved to approve the approval of claims. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of Transfers Councilmember Villavicencio moved to approve the transfers dated November 14, 2022, and authorize the Finance Director to make the necessary accounting entries. Seconded by Councilmember Juenemann Ayes – All The motion passed 3. 6th Amended Joint Powers Agreement of the Ramsey County Violent Crime Enforcement Team (RCVCET) Councilmember Villavicencio moved to approve the 6th Amended Joint Powers Agreement of the Ramsey County Violent Crime Enforcement Team (RCVCET). Seconded by Councilmember Juenemann Ayes – All The motion passed. November 14, 2022 City Council Meeting Minutes 3 4. Agreement with City of St. Paul and Acceptance of Department of Public Safety Grant Money for 2023 “Toward Zero Deaths (TZD) Enforcement” Councilmember Villavicencio moved to approve the agreement with City of St. Paul and accept the Department of Public Safety grant money for 2023 “Toward Zero Deaths (TZD) Enforcement.” Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Resolution to Accept Donations for Youth Scholarship Fund Councilmember Villavicencio moved to approve the resolution accepting two donations in the total amount of $141.54 from Raising Cane’s and Mik Mart Ice Cream and to authorize the Finance Director to increase the Youth Scholarship Fund budget by that amount: $141.54. Resolution 22-11-2137 ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Natural Resources Department has received donations of $141.54 in support of the department; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Natural Resources Department to accept this donation. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Conditional Use Permit Review, Unison Restaurant and Banquet Hall, 1800 White Bear Avenue North Councilmember Villavicencio moved to approve the review for Unison and review again only if a problem arises or a significant change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Conditional Use Permit Review, Menards, 2280 Maplewood Drive Councilmember Villavicencio moved to approve the CUP review for Menards and review again in one year. Seconded by Councilmember Juenemann 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 November 14, 2022 City Council Meeting Minutes 4 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. 1. Multifamily Residential Project, 1136/1160 Frost Avenue East a. Public Hearing Regarding the Public Vacation Requests b. Public Vacations Resolution (Requires 4 Council Votes) c. Comprehensive Plan Amendment Resolution (Requires 4 Council Votes) d. Conditional Use Permit Resolution e. Design Review Resolution City Manager Coleman provided instruction for the process to hold the public hearing and recommended the actions be tabled until all 5 councilmembers are present at the December 14, 2022 City Council Meeting. Assistant Community Development Director Martin gave the presentation. Acting Mayor Cave opened public hearing. The following people spoke: Jodi Andrews – 1768 East Shore Drive Patricia Titus – 1125 Ripley Avenue Matthew Schlager – 1872 Phalen Place Juli Sonterre – 1777 Edward Street Joy Schlager – 1872 Phalen Place Brian, Maplewood Marine Owner – 1146 Frost Avenue Roger Breheim – 1257 Frisbie Avenue Tim Halloran – 1915 Phalen Place Nick Lira – 1789 Edward Street Jane Wegleitner – 1865 Walter Street Ray Wegleitner – 1865 Walter Street John Wegleitner – 1082 Fenton Avenue Jim Erlandson – 1901 Walter Street Nicole Peterson – 1828 Walter Street Kevin Schmidt – 1800 Phalen Place Bob Cournoyer – 2205 White Bear Avenue Pat Polzer – 1852 Walter Street Diana Longrie – 1778 DeSoto Street Stephanie Lindholm – 1700 Frank Street Kevin Berglund – 1778 Desoto Street Kim Schmidt – 1800 Phalen Place Jodi Andrews for Bob Polzer – 1852 Walter Street Acting Mayor Cave closed the public hearing. Ari Parritz, representative with Reuter Walton, addressed the council and gave a presentation. Acting Mayor Cave moved to table agenda items H1 b. – H1 e. until the December 12, 2022 meeting. Seconded by Councilmember Villavicencio Ayes – All The motion passed. otion passed November 14, 2022 City Council Meeting Minutes 5 I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Resolution Canvassing the Municipal Results of the November 8, 2022 General Election City Clerk Sindt gave the staff report. Councilmember Villavicencio moved to approve resolution canvassing the municipal results of the November 8, 2022 General Election. Resolution 22-11-2138 CANVASSING RESULTS OF GENERAL ELECTION WHEREAS, a State General Election was held on November 8, 2022; and WHEREAS, the ballot included two candidates for the Maplewood mayor and four candidates for two Maplewood four-year councilmember positions and WHEREAS, the city council shall serve as the canvassing board, canvass the results and declare the results of the election; and WHEREAS, the one mayoral candidate receiving the highest votes and the two four- year councilmember candidates receiving the highest votes shall begin their terms once qualified. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on November 14, 2022, hereby declares: 1. The following results from the November 8, 2022, State General Election as specified by the Abstract and Return of Votes Cast: Mayor Candidates: Marylee Abrams 7,529 Diana Longrie 6,210 Councilmember Candidates (two four-year seats): Bill Knutson 5,339 Chonburi Lee 7,007 Patricia “Trish” Timmons 3,214 Kathleen A. “Kathy” Juenemann 5,379 2. The mayoral candidate who received the highest number of votes in the General Election is Marylee Abrams. 3. The two councilmember candidates who received the highest number of votes in the General Election are Chonburi Lee and Kathleen A. “Kathy” Juenemann. 4. The clerk is hereby directed to certify the results of the election to the county auditor. November 14, 2022 City Council Meeting Minutes 6 Seconded by Councilmember Knutson Ayes – All The motion passed 2. Conditional Use Permit and Setback Variance Resolution, Advanced Vehicle Solutions, Inc., 47 Century Avenue North Assistant Community Development Director Martin gave the staff report. Jesse Jacobson, Advanced Vehicle Solutions Inc., addressed council and provided further information. Councilmember Juenemann moved to approve the resolution for a conditional use permit and a setback variance permitting an auto maintenance garage business to be located at 47 Century Avenue North. Resolution 22-11-2139 CONDITIONAL USE PERMIT AMENDMENT AND SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jesse Jacobson, of Advanced Vehicle Solutions, Inc., has requested approval of a conditional use permit to allow an auto maintenance garage. 1.02 The applicant has also requested approval of a setback variance of 350 feet. 1.03 The property is located at 47 Century Avenue North and is legally described as: Lot 15 of Wright’s Garden Lots Subject to Rd and Subject to Rd Exemption North 725 feet and Exemption South 460 feet; Lot 15. (PIN 01-28-22-14-0104) Section 2. Standards. 2.01 City Ordinance Section 44-512(8) requires auto maintenance garages have a conditional use permit and a 350-foot setback from any property the city is planning for residential use. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. November 14, 2022 City Council Meeting Minutes 7 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. 2.03 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. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The proposal meets the specific variance standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit amendment and setback variance requests. 1. On July 19, 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 planning commission recommended that the city council approve this resolution. 2. On November 14, 2022, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. November 14, 2022 City Council Meeting Minutes 8 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. There shall be no outdoor storage of any materials or equipment without approval of a revised conditional use permit by the City Council. 5. No vehicles shall be stored in the front of the building. 6. Parking spaces in front of the building shall be properly marked and maintained. Parking spaces are required to be 9 feet, and 6 inches wide. 7. The applicant shall submit a plan for staff approval to repair the trash enclosure on site. The trash enclosure shall meet all ordinance requirements. 8. The parking lot shall be repaired and kept clear of debris. 9. All utilities serving the site shall be connected and maintained safely and appropriately. 10. All signs require a separate sign permit and must meet city code requirements. 11. Any exterior improvements would require design approval. 12. A solid fence is required to be maintained and in place along the entire west property line. 13. The business shall not be open to the public between the hours of 11:00 p.m. and 6:00 a.m. Seconded by Councilmember Knutson Ayes – All The motion passed 3. Resolution Approving First Amendment to the Purchase Agreement, 1375 Frost Avenue East and 1900 Clarence Avenue North Assistant Community Development Director Martin gave the staff report. City Attorney Batty provided additional information. November 14, 2022 City Council Meeting Minutes 9 Councilmember Juenemann moved to approve the resolution authorizing execution of the first amendment to the purchase agreement with Beacon Acquisition LLC for the purchase of 1375 Frost Avenue East and 1900 Clarence Avenue North. Resolution 22-11-2140 RESOLUTION APPROVING FIRST AMENDMENT TO PURCHASE AGREEMENT REGARDING 1375 FROST AVENUE AND 1900 CLARENCE AVENUE WHEREAS, the City of Maplewood (the “City”) is the owner of certain real property located at 1375 Frost Avenue and 1900 Clarence Avenue in Maplewood, Minnesota (the “Property”); and WHEREAS, on April 25, 2022 the City and Beacon Acquisitions, LLC entered into a purchase agreement regarding the Property (the “Purchase Agreement”); and WHEREAS, the parties wish to amend the Purchase Agreement with respect to certain dates and deadlines. 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 Mayor and City Manager are hereby authorized and directed to execute the First Amendment to Purchase Agreement with Beacon Acquisitions, LLC for the Property. 3. 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 of this resolution. Seconded by Councilmember Villavicencio Ayes – All The motion passed 4. Resolution Approving First Amendment to the Purchase Agreement, 1160 Frost Avenue East Assistant Community Development Director Martin gave the staff report. Councilmember Juenemann moved to approve the resolution authorizing execution of the first amendment to the purchase agreement with Reuter Walton for the purchase of 1160 Frost Avenue East, extending the inspection period to January 1, 2023 and the closing date on the purchase and sale of property to March 1, 2023. Resolution 22-11-2141 RESOLUTION APPROVING FIRST AMENDMENT TO PURCHASE AGREEMENT FOR 1160 FROST AVENUE WHEREAS, the City of Maplewood (the “City”) is the owner of certain real property located at 1160 Frost Avenue in Maplewood, Minnesota (the “Property”); and November 14, 2022 City Council Meeting Minutes 10 WHEREAS, the legal description of the Property is: Lots 1 through 20 inclusive, Block 1, Kavanagh and Dawson’s Addition to Gladstone, together with the vacated alley in said Block 1, Ramsey County, Minnesota; and WHEREAS, on July 8, 2021 the City entered into a purchase agreement with Reuter Walton Development, LLC (the “Purchase Agreement”) regarding the Property; and WHEREAS, the parties wish to amend the Purchase Agreement to extend certain dates and deadlines. 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 Mayor and City Manager are hereby authorized and directed to execute the First Amendment to Purchase Agreement with Reuter Walton Development, LLC for the Property. 3. The City 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 of this resolution. Seconded by Councilmember Villavicencio Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Acting Mayor Cave adjourned the meeting at 9:28 p.m. Andrea Sindt, City Clerk November 14, 2022 City Council Meeting Minutes 11