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HomeMy WebLinkAbout2023-07-10 City Council Meeting MinutesA. A C In E MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2023 City Hall, Council Chambers Meeting No. 13-23 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:01 p.m. by Mayor Abrams. Mayor Abrams thanked Audra Robbins, Neil Breneman, Police, Fire, and all staff that helped coordinate and participate in the Light it Up event on July 41", and exclaimed Maplewood puts on one of the best events in the area. PLEDGE OF ALLEGIANCE ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present APPROVAL OF AGENDA The following items were added to Council Presentations: Water Restrictions Parks and Recreation Month Councilmember Lee moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes — All The motion passed. APPROVAL OF MINUTES 1. June 26, 2023 City Council Workshop Meeting Minutes Councilmember Lee moved to approve the June 26, 2023 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Cave Ayes — Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain — Councilmember Juenemann July 10, 2023 City Council Meeting Minutes 1 The motion passed. 2. June 26, 2023 City Council Meeting Minutes Councilmember Lee moved to approve the June 26, 2023 City Council Meeting Minutes as suhmitted Seconded by Councilmember Cave Ayes — Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain — Councilmember Juenemann 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 Water Restrictions Councilmember Cave mentioned there are currently no water restrictions in Maplewood, but there is a meeting with the St Paul Regional Water Board that will discuss the topic. Residents can get updates on the City's website. Parks and Recreation Month Councilmember Villavicencio acknowledged Maplewood's Parks and Rec Department as July is Parks & Recreation month and also thanked the Fire, Police, Parks Department, and all who attended the Light it Up event. 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. Councilmember Cave moved to approve agenda items G1-G2. Seconded by Councilmember Juenemann Ayes — All The motion passed. 1. Approval of Claims Councilmember Cave moved to approve the approval of claims. July 10, 2023 City Council Meeting Minutes 2 ACCOUNTS PAYABLE: $ 1,170, 069.17 $ 736,990.27 $ 428,592.33 Checks # 110919 thru # 111022 dated 6/27/23 Checks # 111023 thru # 111048 dated 7/05/23 Disbursements via debits to checking account dated 06/19/23 thru 07/02/23 $ 2,335,651.77 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 670,762.48 dated 6/23/23 $ 670,762.48 Total Payroll $ 3,006,414.25 GRAND TOTAL Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. Support of Affordable Housing Project, Beacon Interfaith Housing Collaborative, 1375 Frost Avenue a. Resolution Supporting Use of Tax Increment Financing b. Letter of Support from Mayor c. Acknowledgment of Receptivity of a Metropolitan Council LCA Funding Award Councilmember Cave moved to approve the Resolution Supporting Use of Tax Increment Financina for the Beacon Interfaith Housina Collaborative Droiect at 1375 Frost Avenue. Resolution 23-07-2222 SUPPORTING USE OF FINANCIAL ASSISTANCE FOR A RENTAL HOUSING DEVELOPMENT PROJECT WHEREAS, the Maplewood City Council has received a request to provide financial assistance to Beacon Interfaith (or an affiliated entity, the "Developer") for the construction of a 40-unit multifamily affordable rental housing apartment (the "Project") to be located on approximately 1.03 acres of land at 1375 Frost Avenue East in Maplewood, Minnesota; and WHEREAS, in connection with its application to Minnesota Housing for tax credits, the Developer has requested that the City Council indicate its support of the use of tax increment financing assistance for the project. NOW, THEREFORE, BE IT RESOLVED, by the Maplewood City Council as follows: July 10, 2023 City Council Meeting Minutes 3 The Maplewood City Council supports the use of tax increment financing assistance in an amount not to exceed $200,000 over an anticipated term of 15-years; provided, however, that authorization and form of financing for the project is solely within the discretion of the City Council after satisfaction of all conditions required pursuant to the Economic Development Authorities Act, Minnesota Statutes, Sections 469.090 to 469.1080 (the "EDA Act"), and is authorized pursuant to Minnesota Statutes §469.174 to §469.1794 (the "TIF Act"), including without limitation, (i) determining that financial assistance is necessary for the project; (ii) verification of development financing need that substantiates that "but for" the use of tax increment financing the project would be unable to proceed; and (iii) a public hearing. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Cave moved to approve a Letter of Support from the Mayor for the Beacon Interfaith Housina Collaborative Droiect at 1375 Frost Avenue. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Cave moved to approve an Acknowledgement of Receptivity of the Metropolitan Council LCA Funding Award for the Beacon Interfaith Housing Collaborative project at 1375 Frost Avenue. Seconded by Councilmember Juenemann 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 I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Lot Size and Setback Variance Resolution, 1759 Phalen Place Community Development Director Parr introduced Elizabeth Hammond, Planner who gave the presentation. Applicant Jodi Andrews addressed council and answered questions. Councilmember Villavicencio moved to approve a lot size and setback variance resolution for the property located at 1759 Phalen Place, subject to certain conditions of approval. Resolution 23-07-2223 LOT SIZE AND SETBACK VARIANCE RESOLUTION July 10, 2023 City Council Meeting Minutes 4 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jodi Andrews (property owner) has requested a variance to the required minimum lot size standards and rear yard setback requirement to construct a residential dwelling on the existing property at 1759 Phalen Place. 1.02 A variance is requested to allow a lot area of 4,783.71 square feet and lot widths of 48.66 feet and 86.78 feet. 1.03 A variance is requested to allow a rear yard setback of 9.2 feet. 1.04 The property located at 1759 Phalen Place is legally described as: PIN: 162922430041 Lot 18 and 19, Block 3, Kavanagh & Dawson's Addition to Lakeside Park, Ramsey County, Minnesota, except that part lying Westerly of the following described line: Commencing at a point on the North line of Lot 19, 110 feet East of the Northwest corner of said Lot 19; thence Southerly to a point on Southerly line of Lot 18, 65 feet Northeasterly of Southwesterly corner of said Lot 18. Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that 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 lot size and rear yard setback variance request meet the required standards for a variance. Staff finds: 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 proposed use is reasonable; and 3. That the variance will not alter the essential character of the locality; and 4. That the need for a variance is in harmony with the general purposes and intent of this ordinance; and July 10, 2023 City Council Meeting Minutes 5 5. 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. On June 20, 2023, 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 July 10, 2023, 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 of the application is based on the findings outlined in section 3 of this resolution and is subject to the following conditions of approval: The proposed construction will meet all local, regional, and state requirements. 2. The property owner will submit a tree preservation plan to the environmental planner. 3. The property owner will submit a grading plan to the assistant city engineer and work with the environmental planner, as required, to incorporate stormwater management best practices. 4. The property owner shall submit a building permit for the new home to be reviewed by the city before construction. Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. M-Health Fairview/St. John's Hospital, 1575 Beam Avenue a. Conditional Use Permit Amendment Resolution b. Design Review Resolution Elizabeth Hammond, Planner, gave the presentation. Danielle Gathje, Vice President of Hospital Operations for M-Health Fairview St John's Hospital and Kyle Wiseman, Architect with HGA, addressed council and answered questions. July 10, 2023 City Council Meeting Minutes 6 Councilmember Cave moved to approve a resolution for a conditional use permit amendment, approving a 7,000-square-foot addition to the existing St. John's Hospital campus at 1575 Beam Avenue, subject to conditions of approval. Resolution 23-07-2224 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 M-Health Fairview has requested approval of a conditional use permit amendment. 1.02 The property is located at 1575 Beam Avenue East and is legally described as: PIN: 032922130014 — The Southwest Quarter of the Northeast Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota, according to the Government Survey thereof except the following parcels: The East 40.00 feet of said Southwest Quarter of the Northeast Quarter lying northerly of the South 660.00 feet thereof. Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter, being the center of said Section 3, said point being marked by a Ramsey County monument; thence along the west line of said Southwest Quarter of the Northeast Quarter, North 00 degrees 01 minutes 40 seconds East, assumed basis of bearing, a distance of 703.29; thence on a bearing of East 437.93 feet to the point of beginning; thence continuing on a bearing of East 264.24 feet; thence on a bearing of South 124.13 feet; thence on a bearing of West 264.24 feet; thence on a bearing of North 124.13 feet to the point of beginning. Subject to easements of record. 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. 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, July 10, 2023 City Council Meeting Minutes 7 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 amendment request. On June 20, 2023, 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 July 10, 2023, 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): All construction shall follow the approved plans, date -stamped June 2, 2023. The planning staff 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. July 10, 2023 City Council Meeting Minutes 8 3. The city council shall review this permit in one year. 4. The property owner shall maintain at least 1,252 parking spaces on the hospital campus. Parking spaces shall be at least 9.5 feet wide; employee parking may be 9 feet wide. Seconded by Councilmember Lee Ayes — Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain — Councilmember Juenemann The motion passed. Councilmember Lee moved to approve a design review resolution, approving a 7,000- square-foot addition to the existing St. John's Hospital campus at 1575 Beam Avenue, subiect to conditions of aaaroval. Resolution 23-07-2225 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 M-Health Fairview has requested design review approval. 1.02 The property is located at 1575 Beam Avenue East and is legally described as: PIN: 032922130014 — The Southwest Quarter of the Northeast Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota, according to the Government Survey thereof except the following parcels: The East 40.00 feet of said Southwest Quarter of the Northeast Quarter lying northerly of the South 660.00 feet thereof. Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter, being the center of said Section 3, said point being marked by a Ramsey County monument; thence along the west line of said Southwest Quarter of the Northeast Quarter, North 00 degrees 01 minutes 40 seconds East, assumed basis of bearing, a distance of 703.29; thence on a bearing of East 437.93 feet to the point of beginning; thence continuing on a bearing of East 264.24 feet; thence on a bearing of South 124.13 feet; thence on a bearing of West 264.24 feet; thence on a bearing of North 124.13 feet to the point of beginning. Subject to easements of record. 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: July 10, 2023 City Council Meeting Minutes 9 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 Review Process and Council Action. 3.01 On June 20, 2023, the community design review board held a public meeting and reviewed this request. Staff sent notice to surrounding property owners. The applicant was provided the opportunity to present information. The board approved the project plans. 3.02 The above -described site and design plans are hereby approved based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date -stamped June 2, 2023. Approval is subject to the applicant doing the following: Obtain a conditional use permit amendment 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, city engineer, and building official must be met. 4. Satisfy the requirements outlined in the engineering review authored by Jon Jarosch, dated June 9, 2023. 5. Satisfy the requirements outlined in the environmental review authored by Shann Finwall, dated June 13, 2023. 6. The applicant shall obtain all required permits from the Ramsey - Washington Metro Watershed District. 7. All work shall follow the approved plans. The director of community development may approve minor changes. July 10, 2023 City Council Meeting Minutes 10 8. All rooftop vents and site mechanical equipment shall be screened on all sides Seconded by Councilmember Cave Ayes — Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain — Councilmember Juenemann The motion passed. 3. Kline Nissan Additions, 3090 Maplewood Drive North a. Conditional Use Permit Amendment Resolution b. Design Review Resolution Community Development Director Parr gave the presentation. Pam Guilford, General Manager with Kline Nissan, and Jack Grotkin, President of RJ Ryan Construction, answered questions of council. Councilmember Lee moved to approve a resolution for a conditional use permit amendment aaarovina two buildina additions to be constructed at 3090 Maplewood Drive North. Resolution 23-07-2226 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 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a conditional use permit amendment to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 — Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. Section 2. Standards. 2.01 City Ordinance Section 44-637 requires a Conditional Use Permit for motor vehicle maintenance garages and car washes. July 10, 2023 City Council Meeting Minutes 11 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. 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. On June 20, 2023, 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. July 10, 2023 City Council Meeting Minutes 12 2. On July 10, 2023, 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: All construction shall follow the site plan approved by the city and date - stamped June 1, 2023._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. The council may extend this deadline for one year. 3. The applicant shall not load or unload vehicles on public right-of-way. 4. Cars can only be parked on designated paved surfaces. 5. The City Council shall review this permit in one year. 6. All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. 7. Water from car wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. 8. All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. 9. As required in an agreement with the city approved in 2005, the applicant shall submit an executed cross -access agreement to city staff to complete the conveyance of the frontage road to the west of its property to a private road. Seconded by Councilmember Villavicencio Ayes — All The motion passed. Councilmember Cave moved to approve a resolution for design review approving two building additions to be constructed at 3090 Maplewood Drive North. Resolution 23-07-2227 DESIGN REVIEW RESOLUTION July 10, 2023 City Council Meeting Minutes 13 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a design review to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 — Tract "A", Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. 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 plans date -stamped June 1, 2023. Approval is subject to the applicant doing the following: Obtain a conditional use permit amendment from the city council for this project. July 10, 2023 City Council Meeting Minutes 14 2. Repeat this review in two years if the city has not issued a building permit for this project. 3. All fire marshal and building official requirements must be met. 4. Satisfy the requirements outlined in the engineering review by Jon Jarosch, dated May 22, 2023. 5. Satisfy the requirements outlined in the environmental review by Shann Finwall, dated June 8, 2023. 6. The applicant shall obtain all required permits from the Ramsey - Washington Metro Watershed District. 7. 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. Elevation drawings of any roof -top or exterior building mechanical equipment for review and approval and, if necessary, the inclusion of required screening. 8. 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. d. The applicant shall submit an executed cross -access agreement to foster the conveyance of the frontage road to the west of its property to a private road. 9. 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. July 10, 2023 City Council Meeting Minutes 15 10. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Lee Ayes — All The motion passed. 4. Design Review and Parking Waiver Resolution, Multifamily Residential Apartment Building, 1375 Frost Avenue East Elizabeth Hammond, Planner, gave the presentation. Kevin Walker, Vice President for Housing Development at Beacon Interfaith Housing Collaborative, and Kate Blum -Wise, Project Manager with Pope Design Group, addressed council and answered questions. Councilmember Lee moved to approve a design review and parking waiver resolution, approving a three-story, 40-unit multifamily apartment building to be constructed at 1375 Frost Avenue East, subject to conditions of approval. Resolution 23-07-2228 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Beacon Interfaith Housing Collaborative has requested approval of a design review to construct a three-story, 40-unit multifamily building. 1.02 The property is located at 1375 Frost Avenue East and is legally described as: 1.03 PIN: 152922230023, 152922230087, 152922230024, 152922230094 Lots 13, 14, 15, 16, 17, 18 and 19 except the North 15 feet of Lot 19, Block 11, Gladstone, together with that part of the vacated alley adjacent thereto which accrued thereto by reason of vacation thereof, Ramsey County, Minnesota; AND (Parcel 1, Per Commitment 66965-1) Lot 4, except the North 14.25 feet thereof, also all of Lots 5, 6, 7, 8, and 9, Lunn's Rearrangement of Lots 7 to 12, inclusive, Block 11, Gladstone, together with that portion of vacated alley in Lunn's Rearrangement accruing thereto, and together with that portion of vacated alley in Block 11, Gladstone, accruing thereto, all according to the plat thereof on file and of record in the Office of the County Recorder in and for Ramsey County, Minnesota. (Abstract Property) 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 July 10, 2023 City Council Meeting Minutes 16 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 plans date -stamped May 24, 2023. Approval is subject to the applicant doing the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal, city engineer, and building official must be met. 3. Satisfy the requirements in the engineering review authored by Jon Jarosch, dated June 6, 2023. 4. Satisfy the requirements and update the site plans as outlined in the environmental review authored by Shann Finwall, dated June 12, 2023. 5. The applicant shall obtain all required permits from the Ramsey - Washington Metro Watershed District. 6. Rooftop vents and equipment shall be located out of view from all sides of the property. 7. This resolution approves a parking waiver for (20) parking stalls 8. This approval does not include signage. Any identification or monument signs for the project must meet the city's mixed -use sign ordinance requirements, and the applicant must apply for a sign permit before installation. The proposed monument sign on the corner of Clarence Street and Frost Avenue must achieve the sight visibility requirements for street intersections. Identification or monument signs shall be designed to be consistent with the project's building materials and colors. 9. Before the issuance of a building permit, the applicant shall submit for staff approval the following items: July 10, 2023 City Council Meeting Minutes 17 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. A revised landscape plan. c. A revised tree survey plan and tree protection plan. d. A detailed community garden plan. e. A revised existing site and removal plan. A revised photometric plan that meets city code requirements. g. Additional bicycle parking must be incorporated near the building entrance, patio, and playground spaces. This should be added to the site plan for staff review. h. The applicant shall install a stop sign at the exit from the site. This shall be added to the site plan and reviewed by the city engineer before installation. The applicant shall submit updated elevations and perspective renderings: the updated plans must identify the percentages of each proposed building material for all sides of the building. The renderings must illustrate the segment lengths of the building fagade. On the east side of the building, the fagade segments that exceed 40 feet in length must be shortened and articulated. Each segment should be between 20-40 feet in length. However, staff can review and approve lengths between 45-54 feet in length. The applicant must provide additional screening and landscaping along the west and north property line within the setback areas — specifically along the property line directly west of the playground and along the property line directly east of the community garden space. The updated landscape plan should be submitted to staff for approval before issuing a building permit. k. The applicant shall submit to city staff a copy of an executed shared parking agreement for 21 parking spaces with the Philippine Center of Minnesota, located at 1380 Frost Avenue. 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. July 10, 2023 City Council Meeting Minutes 18 c. 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 Juenemann Ayes — All The motion passed. 5. Nuway Alliance, 2000 White Bear Avenue North a. Comprehensive Plan Amendment Resolution (Requires 4 Council Votes) b. Zoning Map Amendment Ordinance c. Conditional Use Permit Resolution Community Development Director Parr gave the presentation. John Miller, Chief Strategy Officer, and Ken Roberts, Chief Clinical Officer, with Nuway Alliance, addressed council and answered questions. Councilmember Cave moved to approve an amendment to the 2040 Comprehensive Plan's Future Lane Use Map to re -guide the project parcel located at 2000 White Bear Avenue from Institutional to Commercial. Resolution 23-07-2229 COMPREHENSIVE PLAN AMENDMENT RESOLUTION Resolution approving the comprehensive plan amendment re -guiding the property 2000 White Bear Avenue North from Institutional to Commercial. Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. July 10, 2023 City Council Meeting Minutes 19 1.01 John Miller, of Nuway Alliance, has requested approval of a comprehensive plan amendment. 1.02 The property is located at 2000 White Bear Avenue North and is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. Criteria. July 10, 2023 City Council Meeting Minutes 20 2.01 The 2040 Comprehensive Plan states the document may require amending due to a property owner request to change land use designation to allow a proposed development or redevelopment. 2.02 The 2040 Comprehensive Plan amendment process follows the same City identified the public hearing process as the major update process used to develop the 2040 Comprehensive Plan. Amendments are required to submit and gain approval from the Metropolitan Council. Section 3. Findings 3.01 The requested amendment would meet various amendment criteria outlined in the 2040 Comprehensive Guide Plan. Section 4. City Review Process 4.01 The City conducted the following review when considering this amendment request. On June 20, 2023, 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 July 10, 2023, the city council discussed the comprehensive plan amendment. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The above -described comprehensive plan amendment is approved based on the findings outlined in section 3 of this resolution. Approval is subject to, and only effective upon, the following conditions: Review and approval of the Metropolitan Council as provided by state statute. 2. The development must further comply with all conditions outlined in City Council Resolution No. 23-07-2230 for a conditional use permit approved by the Maplewood City Council on July 10, 2023. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Lee moved to approve an ordinance amending the City's zoning map to rezone the property from F, farm residence, to CO, commercial office. Ordinance 1038 July 10, 2023 City Council Meeting Minutes 21 A ZONING MAP AMENDMENT ORDINANCE REZONING THE PROPERTY AT 2000 WHITE BEAR AVENUE FROM F, FARM RESIDENCE DISTRICT, TO CO, COMMERCIAL OFFICE DISTRICT The City Of Maplewood, Minnesota, Ordains: Section 1. 1.01 The 2000 White Bear Avenue property is hereby rezoned from F, farm residence district, to CO, commercial office district. 1.02 The property is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 July 10, 2023 City Council Meeting Minutes 22 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. 2.01 This ordinance is based on the following findings: The rezoning to CO, commercial office district would result in a development compatible with the surrounding development type and intensity. The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive guide plan. 3. The rezoning would be consistent with public health, safety, and welfare. 2.02 This ordinance is subject to the following conditions: Metropolitan Council approval of Resolution No.23-07-2229 for a comprehensive plan amendment approved by the Maplewood City Council on July 10, 2023. The project must further comply with all conditions outlined in City Council Resolution No.23-07-2230 for a conditional use permit approved by the Maplewood City Council on July 10, 2023. Section 3. This ordinance is effective upon publication in the city's official newspaper. Seconded by Councilmember Cave Ayes — All The motion passed. Mayor Abrams moved to approve a resolution for a conditional use permit for Nuway Alliance at 2000 White Bear Avenue for an adult residential treatment center, conditional on the applicant not pursuing real estate tax exemption. Resolution 23-07-2230 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 John Miller, of Nuway Alliance, has requested a conditional use permit to operate an adult residential treatment center. 1.02 The property is located at 2000 White Bear Avenue North and is legally described as: July 10, 2023 City Council Meeting Minutes 23 That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. Standards. 2.01 City ordinance section 44-473 requires a conditional use permit for convalescent hospitals. 2.02 City ordinance section 44-1092 requires a conditional use permit for state - licensed residential programs. July 10, 2023 City Council Meeting Minutes 24 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. 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. On June 20, 2023, 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. July 10, 2023 City Council Meeting Minutes 25 2. On July 10, 2023, 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: Any exterior improvements to the building or site require approval via the city's design review process and requirements. 2. 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. 3. The city council shall review this permit in one year. 4. Provide the city with a copy of its state license to operate an adult residential treatment program. 5. Any increase in residents above 120 will require an amendment of this permit. 6. The applicant shall provide on -site staffing 24 hours a day and 365 days a year. 7. Metropolitan Council approval of Resolution No. 23-07-2229 for a comprehensive plan amendment approved by the Maplewood City Council on July 10, 2023. 8. The applicant shall not pursue a real estate tax exemption for its use of this property. Seconded by Councilmember Cave Ayes — All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:37 p.m. Andrea Sindt, City Clerk July 10, 2023 City Council Meeting Minutes 26