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HomeMy WebLinkAbout2024-02-12 City Council Meeting MinutesA. A C n E MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 12, 2024 City Hall, Council Chambers Meeting No. 03-24 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 thanked staff, the Maplewood Faith community, Public Safety Staff Barb Johnson and Sergeant Gabriel, and all who donated items for the Winter Wear Drive The drive collected 600 coats and 500 hats, scarves, and mittens. Mayor Abrams also announced the television show Twin Cities Live is focusing on Maplewood this week. 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 Councilmember Cave moved to approve the agenda as submitted. Seconded by Councilmember Lee Ayes — All The motion passed. APPROVAL OF MINUTES January 22, 2024 City Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the January 22, 2024 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Lee Ayes — All The motion passed. 2. January 22, 2024 City Council Meeting Minutes Councilmember Lee moved to approve the January 22, 2024 City Council Meeting Minutes AS Suhmitted Seconded by Councilmember Juenemann Ayes — All February 12, 2024 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 None 3. Strategic Plan Update for Fourth Quarter of 2023 Senior Administrative Manager Knutson gave the presentation. Councilmember Lee moved to accept the Strategic Plan Report for Fourth Quarter of 2023. Seconded by Councilmember Juenemann Ayes — All The motion passed. 4. Resolution of Appreciation for Retiring City Manager Melinda Coleman Mayor Abrams introduced the item. Councilmember Juenemann read the Resolution of Appreciation. Each Councilmember spoke. City Manager Coleman expressed words of thanks and appreciation. Mayor Abrams moved to approve the resolution of appreciation for City Manager Melinda Coleman. Resolution 24-02-2281 RESOLUTION OF APPRECIATION FOR CITY MANAGER MELINDA COLEMAN 21 YEARS OF DEDICATED SERVICE TO THE CITY OF MAPLEWOOD WHEREAS, Melinda Coleman began working for the City of Maplewood as Community Development Director in 1995, rising to City Manager in 2015; and WHEREAS, Melinda Coleman led several community development projects to expand the City's housing stock and commercial corridors while preserving large tracts of open space to bolster the City's outdoor recreational opportunities and protect its natural resources; and WHEREAS, Melinda Coleman oversaw several major transitions of the Fire/EMS Department, to ensure the City maintained a high -quality response to a changing community demographic; and WHEREAS, Melinda Coleman has dedicated significant time and resources to improve employee professional development, compensation and wellness initiatives to attract February 12, 2024 City Council Meeting Minutes 2 and retain a highly professional staff; and WHEREAS, Melinda Coleman has served as a mentor, teacher and leader for scores of local government professionals and has built a strong line of succession within the organization; and WHEREAS, Melinda Coleman has implemented and grew the Strengths Finder program, so that all staff understand what motivates their colleagues and how they work best; and WHEREAS, Melinda Coleman has served as a fiscal steward of public funding ensuring a balance between necessary resources to maintain a high -quality community at a value for Maplewood's taxpayers; and WHEREAS, Melinda Coleman's fiscal stewardship has positioned the City for efficient day-to-day operations and to withstand future financial uncertainty. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Melinda Coleman is being extended our gratitude and appreciation for her professionalism and dedicated service over the past 21 years. Seconded by Councilmember Juenemann Ayes — All The motion passed. Agenda item F4 was voted on after the conclusion of item J2, before the adjournment. 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 item G1 was highlighted. Councilmember Cave moved to approve agenda items G1-G9. Seconded by Councilmember Juenemann Councilmember Lee requested G5 be voted on separately. Councilmember Lee made a friendly amendment to approve agenda items G1-G4 & G6-G9. Seconded by Councilmember Villavicencio Ayes — Councilmember Lee Councilmember Villavicencio Nays — Mayor Abrams Councilmember Cave Councilmember Juenemann February 12, 2024 City Council Meeting Minutes 3 The motion failed. The original motion stands. Mayor Abrams called for a vote. Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain — Councilmember Lee The motion passed. 1. Approval of Claims Councilmember Cave moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,098,454.62 Checks # 120452 thru # 120480 dated 01 /23/24 $ 3,893,557.91 Checks # 120481 thru # 120515 dated 01 /29/24 $ 137,498.65 Checks # 120516 thru # 120551 dated 02/06/24 $ 2,948,414.05 Disbursements via debits to checking account dated 01/15/24 thru 02/04/24 $ 8,077,925.23 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 867,094.44 dated 01 /19/24 Payroll Checks and Direct Deposits $ 715,931.72 dated 02/02/24 $ 1,583,026.16 Total Payroll $ 9,660,951.39 GRAND TOTAL Seconded by Councilmember Juenemann Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio February 12, 2024 City Council Meeting Minutes 4 Abstain — Councilmember Lee The motion passed. 2. Local Lawful Gambling Permit for Ride for Wishes, 2029 Woodlynn Avenue Councilmember Cave moved to approve the Local Lawful Gambling permit for Ride for Wishes. 2029 Woodlvnn Avenue. for their event on June 1. 2024. Seconded by Councilmember Juenemann Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain — Councilmember Lee The motion passed. 3. Purchase of Fire Station Alerting Equipment for the South Fire Station Councilmember Cave moved to approve the Purchase of Fire Station Alerting Equipment for the South Fire Station. Seconded by Councilmember Juenemann Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain — Councilmember Lee The motion passed. 4. MN BCA Violent Crime Reduction Unit (VCRU) Joint Powers Agreement Councilmember Cave moved to approve the Joint Powers Agreement with the MN BCA Violent Crime Reduction Unit (VCRU). Seconded by Councilmember Juenemann The motion passed. Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain — Councilmember Lee 5. Employment Agreement between the City of Maplewood and City Manager Michael Sable Councilmember Cave moved to approve employment agreement between the City of Maplewood and City Manager Michael Sable. Seconded by Councilmember Juenemann Ayes— Mayor Abrams Councilmember Cave February 12, 2024 City Council Meeting Minutes 5 Councilmember Juenemann Councilmember Villavicencio Abstain — Councilmember Lee The motion passed. 6. Resolution Approving 2024 Pay Rates for Temporary/Seasonal and Casual Part - Time Employees Councilmember Cave moved to approve the resolution for temporary/seasonal and casual part-time employees payrates effective January 1, 2024. Resolution 24-02-2282 2024 PAY RATES RESOLUTION TEMPORARY/SEASONAL & CASUAL P/T EMPLOYEES WHEREAS, according to the Minnesota Public Employees Labor Relations act, part- time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time employees effective January 1, 2024 upon Council approval. Administrative Assistant Background Investigator Building Inspector CSO Election Judge Fire Maintenance Engineer Fire/EMS Cadet Gardener Intern Laborer Facilities/Events Staff $15.00 - 23.00per hour $35.00 - 45.00per hour $20.00 - 35.00per hour $15.00 - 25.00per hour $15.00 - 25.00per hour $15.00 - 25.00per hour $15.00 - 25.00per hour $15.00 - 25.00per hour $15.00 - 25.00per hour $15.00 - 20.00per hour $13.00 - 30.00per hour BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions setting pay rates for these pay classifications; and, BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember Juenemann Ayes — The motion passed. Abstain — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Councilmember Lee February 12, 2024 City Council Meeting Minutes 6 7. 2024 Master Group Contract for Medica Insurance Company Councilmember Cave moved to approve the 2024 Master Group Contract for Medica Insurance Company. Seconded by Councilmember Juenemann Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain — Councilmember Lee The motion passed. 8. Resolution of Support for Tubman to Allow City As Fiscal Agent for State Bonding Proposal Councilmember Cave moved to approve the resolution of Support for Tubman to Allow Ci as Fiscal Agent for State Bonding Proposal. Resolution 24-02-2283 RESOLUTION OF SUPPORT FOR TUBMAN TO ALLOW CITY AS FISCAL AGENT FOR STATE BONDING PROPOSAL WHEREAS, Tubman operates the Harriet Tubman Center East in Maplewood, a multi -service center including shelter and housing for victims of violence, exploitation, sexual assault, homelessness, addiction, mental health issues and other forms of trauma; and WHEREAS, Tubman is requesting state bonding support through legislation to provide for up to $2,585,000 in capital investment funds for safety and accessibility, and code compliance improvements to the Harriet Tubman Center East, and WHEREAS, the City of Maplewood has previously expressed support for the services provided by Tubman for the citizens of Maplewood and the region, and WHEREAS, the State of Minnesota requires that a local government agency act as the fiscal agent for General Obligation Bond funding for projects such as the one proposed by Tubman. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: Maplewood expresses its support for Tubman's request for state funding for this important project and improvement and further supports the legislation on behalf of Tubman in the 2024 legislative session. 2. The City Manager is authorized and directed to prepare agreements and other documents to enable the City of Maplewood to act as the fiscal agent for Tubman in receiving financial support from the State of Minnesota. February 12, 2024 City Council Meeting Minutes 7 3. City staff and consultants are authorized and directed to take all other actions necessary or convenient to carry out the intent of this resolution. Seconded by Councilmember Juenemann Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain — Councilmember Lee The motion passed. 9. Payment for CentralSquare Yearly Maintenance Support Councilmember Cave moved to approve the payment for CentralSquare yearly maintenance support. Seconded by Councilmember Juenemann Ayes — Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain — Councilmember Lee 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. 1. 2024 Maplewood Street Improvements, City Project 23-08 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 Votes) Public Works Director Love introduced the item. Assistant City Engineer Jarosch gave the presentation. Mayor Abrams opened public hearing. The following people spoke: Jodi Andrews — 1768 East Shore Drive Kevin Schmidt — 1800 Phalen Place Christopher Hampl — 1120 Gordon Avenue E Mayor Abrams closed the public hearing. Councilmember Lee moved to approve the Resolution Ordering the Improvement for the 2024 Maplewood Street improvements, City Project 23-08 (4 affirmative votes are required to approve this resolution). Resolution 24-02-2284 RESOLUTION ORDERING IMPROVEMENT February 12, 2024 City Council Meeting Minutes 8 WHEREAS, pursuant to a resolution of the City Council adopted January 22nd, 2024, a date for a council hearing was set on the proposed street improvements for the 2024 Maplewood Street Improvements, City Project 23-08; and WHEREAS, a notice was mailed ten days in advance to residents and a notice of the hearing was published, and the hearing was duly held on February 121", 2024; and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That it is necessary, cost-effective and feasible, as detailed in the Feasibility Report, that the City of Maplewood make improvements to the streets included in the 2024 Maplewood Street Improvements, City Project 23-08. 2. Such improvements ordered as proposed in the Council resolution adopted on the 12t" day of February 2024. 3. The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the January 22n1 2024 council meeting. 4. The Finance Director was authorized to make the financial transfers necessary for the preparation of plans and specifications at the January 22nd, 2024 council meeting. A budget of $10,878,200 was established at that time. The proposed financing plan shall be implemented and is as follows: Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (G.O.) Improvement Bonds $4,759,300 43% Street Revitalization Fund $658,100 6% Environmental Utility Fund $2,156,000 20% Ramsey -Washington Metro Watershed District $125,000 1 % Sanitary Sewer Fund $430,000 4% Water Area Fund (WAC) $83,400 1 % St. Paul Regional Water Services (SPRWS) $1,086,800 10% Special Benefit Assessment 1 $1,579,600 15% Total Estimated Project Funding: 1 $10,878,200 100% Seconded by Councilmember Cave Ayes — All The motion passed. UNFINISHED BUSINESS 1. Saint Paul Educational Foundation Communications Monopole, 1210 Sterling Street South a. Conditional Use Permit and Variances Resolution b. Design Review Resolution February 12, 2024 City Council Meeting Minutes 9 Assistant Community Development Director Martin gave the presentation. Dale Romsos and Vice President Robert Varani, with VMC LLC, addressed council and answered questions. Councilmember Lee moved denial of the proposal based on findings of facts germane to the request which has been included in the resolution. Resolution 24-02-2285 DENIAL OF CONDITIONAL USE PERMIT, SETBACK VARIANCES AND DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Dale Romsos of VMC LLC has requested approval of a conditional use permit, setback variances and design review to permit a 195-foot communications monopole. 1.02 The property is located at 1210 Sterling Street South and is legally described as: PIN: 132822430022. The South seventy-four feet (S. 74') of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22, lying North of the South twenty-five (S. 25) acres, East of Sterling Street, and West of State Trunk Highway 494, it being the intention of the granters to convey a seventy-four foot (74') strip immediately to the North of the South twenty-five (S. 25) acres of the West Half of the Southeast Quarter (W 1 /2 of SE 1/4) of Section 13, Township 28, Range 22. _►N Outlot A, HIGHWOOD ESTATES NO. 2, according to the recorded plat thereof. AND That portion of the SW 1/4 of the SE1/4 of Sec. 13, T. 28, R.22, according to the Government Survey thereof, described as follows: Commencing at the SE corner of the SW 1/4 of the SE 1/4 of said Sec. 13, thence N. 50 rods, thence W. 80 rods to the Quarter Sec. line, thence S. 50 rods to the Sec. line, thence E. along the sec. line 80 rods to the place of beginning, being 25 acres, more or less. Less and Except that portion of the property conveyed by the following: As referred to in Warranty Deed recorded as Instrument No. 2717756: The east one-half of Sterling Street right-of-way that is located in the south half of Section 13, Township 28, Range 22 which is south of the south line of the following -described property and south of the (easterly) extension of said south line: the north 487.99 feet of the SW 1/4 of the SE 1/4 of Section 13, Township 28, Range 22. February 12, 2024 City Council Meeting Minutes 10 AND Outlet A, Maplewood Highlands, Ramsey County, Minnesota according to the recorded plat thereof. As referred to in Warranty Deed recorded as instrument No. 2718516: That part of the South 180.00 feet of the West 233.00 feet of the Southwest Quarter of the Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County, Minnesota lying East of the West 33.00 thereof. Ramsey County Abstract Property Section 2. Standards. 2.01 City Ordinance Section 44-1327 requires a Conditional Use Permit for Communications Towers. 2.02 Communication Towers Conditional Use Permit Standards. City Ordinance Section 44-1326. 1. Standards in this Code. 2. Recommendations of the planning commission and community design review board. 3. Effect of the proposed use upon the health, safety, convenience and general welfare of residents of surrounding areas. 4. Effect on property values. 5. Effect of the proposed use on the comprehensive plan. 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, February 12, 2024 City Council Meeting Minutes 11 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 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. 2.05 Site and Building Plan Standards and Findings. City ordinance Section 2- 290(b) and 44-1327(13) 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. Findings. 3.01 The proposal would not meet all of the specific conditional use permit standards. February 12, 2024 City Council Meeting Minutes 12 Effect of the proposed use. The tower would have a negative effect on the health, safety, convenience and general welfare of residents of surrounding areas. The proposed 195-foot tower location is within 175 feet of the nearest residential structure. 2. Code Compliance. The proposed 195-foot tower is taller than what city code allows and its proposed location does not meet the city's setback requirements. 3. Character of surrounding areas. The tower would have a negative effect on the existing character of the surrounding area. The proposed 195-foot tower is 95 feet taller than the existing ski jump structure and would be very visible to the nearby residential homes. 3.02 The proposal would not meet all of the specific variance standards. Intent of this ordinance. The proposal is not consistent with the general purposes and intent of the zoning ordinance. The intent of the residential tower height requirements is to ensure neighborhoods do not have towers built near residential structures that are significantly taller than other structures in a neighborhood. 2. Practical difficulty. The subject request is not based on a practical difficulty, as defined by statute and ordinance. a. Reasonableness: The existing ski jump tower is 100 feet. The proposed telecommunications tower is 195 feet. The request to build a tower 70 feet above the 125-foot code limit is not reasonable due to the existing structures on site and the nearby residential properties. b. Circumstance Unique: There is not a circumstance unique inherent to the property that causes the variance. The property in which this tower is proposed is 17.99 acres in size. The applicant desires to build a new telecommunications tower near the existing ski jump structure so that existing ground equipment would not have to be moved. This is not a justification of unique circumstances for this property that would cause a variance to be approved. 3.03 The proposal would not meet all of the specific site and building plan standards. Design and location of the proposed development. The location of the proposed tower will interfere with the use and enjoyment of neighboring existing developments. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit and variances request. February 12, 2024 City Council Meeting Minutes 13 On November 21, 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. 2. On December 11, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. The city council voted to table this item until the February 12, 2024 meeting. 3. On February 12, 2024, the city council discussed this resolution. They again considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Denial is based on the findings outlined in section 3 of this resolution. Seconded by Councilmember Cave Ayes — All The motion passed. J. NEW BUSINESS 1. Woodland Hills Church, 1740 Van Dyke Street a. Conditional Use Permit Amendment Resolution b. Design Review Resolution Assistant Community Development Director Martin gave the presentation. Jodi Cremers and Senior Pastor Greg Boyd, with Woodland Hills Church, addressed council and answered questions. Councilmember Cave moved to approve the conditional use permit amendment resolution for Darkina lot and site improvements to be constructed at 1740 Van Dvke Street. Resolution 24-02-2286 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 Jodi Cremers of Woodland Hills Church has requested approval of a conditional use permit amendment for parking lot and site improvements. 1.02 The property is located at 1740 Van Dyke Street North and is legally described as: February 12, 2024 City Council Meeting Minutes 14 PIN: 142922330001. Parcel I: That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit: All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Fourteen (14). Township Twenty-nine (29), Range Twenty-two (22), lying Southerly of the North St. Paul Road and lying Southwesterly of the following described line: Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter (NW 14 of SW 1/4); thence West One Hundred Twenty (120) feet along the South line thereof to the place of beginning of the line herein to be described; thence along a line bearing North Forty-seven (47) degrees, Twenty-two (22) minutes West to the Southerly right-of-way line of the North St. Paul Road and there terminating. Also That part of the East Half of the Southwest Quarter of the Southwest Quarter (E'/2 of SW 1/4 of SW 1/4) of Section Fourteen (14), Township Twenty-nine (29), Range Twenty-two (22), lying Southeasterly of North St. Paul Road (so- called); except that part of the South Two Hundred Thirty-three (233) feet lying East of the West One Hundred Eighty-three (183) feet; and further excepting that part of said East Half of the Southwest Quarter of the Southwest Quarter (E'/2 of SW 1/4 of SW 1/4), lying Northeasterly of the following described line: Commencing at a point on the East line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred Ten (110) feet South of the Northeast corner thereof; thence running to a point on the North line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred twenty (120) feet West of the Northeast corner thereof. Subject to public easements over the East Thirty-three (33) feet thereof for North Hazel Street; the West Thirty-three (33) feet thereof for Van Dyke Street, and the South Thirty-three (33) feet of the West One Hundred Eighty-three (183) feet thereof for Larpenteur Avenue; further subject to the rights of the County of Ramsey for highway over That part of the West 183 feet of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota (hereinafter to be referred to as Parcel X), enclosed within the area described as follows: Beginning at the Southeast corner of Parcel X; thence Northerly along the East line thereof, a distance of 62.42 feet; thence Northwesterly to a point 70.38 feet West of the East line and 65.37 feet North of the South line of Parcel X; thence West parallel to the South line of Parcel X, a distance of 40 feet; thence Northwesterly to a point 45 feet east of the West line and 74 feet North of the South line of Parcel X; thence Northwesterly to a point on the East right-of-way line of Van Dyke Street that is 102 feet North of the South line of said Parcel X; thence West parallel to the South line of Parcel X, a distance of 33 feet to its intersection with the West line of Parcel X, thence South along the West line, a distance of 102 feet, to the Southwest corner of Parcel X; thence East along the South line 183 feet to the place of beginning. Excepting therefrom such February 12, 2024 City Council Meeting Minutes 15 right-of-way heretofore dedicated to the public or otherwise acquired for highways. all according to the United States Government Survey thereof. Parcel II: That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit: The South Two Hundred Thirty-three (233) feet of the East Half of the Southwest Quarter of the Southwest Quarter (E'/2 of SW 1/4 of SW 14) of Section Fourteen (14), Township Twenty-nine (29), Range Twenty-two (22). except the West One Hundred Eighty-three (183) feet thereof and further excepting the East One Hundred Eighty-three (133) feet thereof, subject to rights acquired by the County of Ramsey for highway purposes over the Southerly Thirty-three (33) feet thereof, according to the Government Survey thereof. Except the premises described as Parcel A in a certain Multi -Party Agreement dated April 24, 1969 (which Parcel A was conveyed to the County of Ramsey pursuant to said Multi -Party Agreement), recorded in Ramsey County Records, Book 2217, Page 345, as Document No. 1767687, said Parcel A being described therein as follows: That part of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota, except the West 183 feet thereof and also excepting the East 183 feet thereof lying South of the following described line: Beginning at a point on the East line of the above -described property 49'/2 feet North of the Southeast corner thereof, thence West on a line parallel to the South line of said Southwest Quarter to a point 83 feet East of the West line of the above -described property; thence Northwesterly to a point on the west line of said property that is 62.42 feet North of the Southwest corner thereof and there terminating. Excepting therefrom such right-of-way heretofore dedicated to the public or otherwise acquired for highways. Ramsey County Abstract Property Section 2. Standards. 2.01 City Ordinance Section 44-1092 requires a Conditional Use Permit for Churches. 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. February 12, 2024 City Council Meeting Minutes 16 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 January 16, 2024, 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. 2. On February 12, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. The Planning Commission recommended that the City Council approve this resolution. 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. Staff may approve minor changes. February 12, 2024 City Council Meeting Minutes 17 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. The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a time as proposed. 5. Woodland Hills Church shall provide constant supervision when the temporary shelter is in operation. 6. Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning in the operation of the temporary shelter and food shelf. 7. Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8. Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9. The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year of the homeless shelter. 10. Building permits are required for any structures or buildings that may be built on this site. 11. Only two light poles may be removed from this site as related to this project. 12. All demonstration tiny homes must be located on a hard surface and cannot be stored on any greenspace within the property. 13. No construction materials may be stored outside. 14. All exterior activities related to the demonstration project of the tiny homes must adhere to the city's noise ordinance requirements. Seconded by Councilmember Juenemann Ayes — All The motion passed. Councilmember Juenemann moved to approve the design review resolution for parking lot and site imarovements to be constructed at 1740 Van Dvke Street. Resolution 24-02-2287 DESIGN REVIEW RESOLUTION February 12, 2024 City Council Meeting Minutes 18 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jodi Cremers of Woodland Hills Church has requested approval of design review for parking lot and site improvements. 1.02 The property is located at 1740 Van Dyke Street North and is legally described as: PIN: 142922330001. Parcel I: That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit: All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Fourteen (14). Township Twenty-nine (29), Range Twenty-two (22), lying Southerly of the North St. Paul Road and lying Southwesterly of the following described line: Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter (NW 14 of SW 1/4); thence West One Hundred Twenty (120) feet along the South line thereof to the place of beginning of the line herein to be described; thence along a line bearing North Forty-seven (47) degrees, Twenty-two (22) minutes West to the Southerly right-of-way line of the North St. Paul Road and there terminating. That part of the East Half of the Southwest Quarter of the Southwest Quarter (E'/2 of SW 1/4 of SW 1/4) of Section Fourteen (14), Township Twenty-nine (29), Range Twenty-two (22), lying Southeasterly of North St. Paul Road (so- called); except that part of the South Two Hundred Thirty-three (233) feet lying East of the West One Hundred Eighty-three (183) feet; and further excepting that part of said East Half of the Southwest Quarter of the Southwest Quarter (E'/2 of SW 1/4 of SW 1/4), lying Northeasterly of the following described line: Commencing at a point on the East line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred Ten (110) feet South of the Northeast corner thereof; thence running to a point on the North line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred twenty (120) feet West of the Northeast corner thereof. Subject to public easements over the East Thirty-three (33) feet thereof for North Hazel Street; the West Thirty-three (33) feet thereof for Van Dyke Street, and the South Thirty-three (33) feet of the West One Hundred Eighty-three (183) feet thereof for Larpenteur Avenue; further subject to the rights of the County of Ramsey for highway over That part of the West 183 feet of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota (hereinafter to be referred to as Parcel X), enclosed within the area described as follows: February 12, 2024 City Council Meeting Minutes 19 Beginning at the Southeast corner of Parcel X; thence Northerly along the East line thereof, a distance of 62.42 feet; thence Northwesterly to a point 70.38 feet West of the East line and 65.37 feet North of the South line of Parcel X; thence West parallel to the South line of Parcel X, a distance of 40 feet; thence Northwesterly to a point 45 feet east of the West line and 74 feet North of the South line of Parcel X; thence Northwesterly to a point on the East right-of-way line of Van Dyke Street that is 102 feet North of the South line of said Parcel X; thence West parallel to the South line of Parcel X, a distance of 33 feet to its intersection with the West line of Parcel X, thence South along the West line, a distance of 102 feet, to the Southwest corner of Parcel X; thence East along the South line 183 feet to the place of beginning. Excepting therefrom such right-of-way heretofore dedicated to the public or otherwise acquired for highways. all according to the United States Government Survey thereof. Parcel II: That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit: The South Two Hundred Thirty-three (233) feet of the East Half of the Southwest Quarter of the Southwest Quarter (E'/2 of SW 1/4 of SW 14) of Section Fourteen (14), Township Twenty-nine (29), Range Twenty-two (22). except the West One Hundred Eighty-three (183) feet thereof and further excepting the East One Hundred Eighty-three (133) feet thereof, subject to rights acquired by the County of Ramsey for highway purposes over the Southerly Thirty-three (33) feet thereof, according to the Government Survey thereof. Except the premises described as Parcel A in a certain Multi -Party Agreement dated April 24, 1969 (which Parcel A was conveyed to the County of Ramsey pursuant to said Multi -Party Agreement), recorded in Ramsey County Records, Book 2217, Page 345, as Document No. 1767687, said Parcel A being described therein as follows: That part of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota, except the West 183 feet thereof and also excepting the East 183 feet thereof lying South of the following described line: Beginning at a point on the East line of the above -described property 49'/2 feet North of the Southeast corner thereof, thence West on a line parallel to the South line of said Southwest Quarter to a point 83 feet East of the West line of the above -described property; thence Northwesterly to a point on the west line of said property that is 62.42 feet North of the Southwest corner thereof and there terminating. Excepting therefrom such right-of-way heretofore dedicated to the public or otherwise acquired for highways. Ramsey County Abstract Property Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) and 44-1327(13) 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 February 12, 2024 City Council Meeting Minutes 20 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, date -stamped December 29, 2023, 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. Approval is subject to the applicant doing the following: Obtain a conditional use permit approval 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 city engineer, fire marshal and building official must be met. 4. Meet all requirements of the environmental review, dated February 1, 2024. 5. 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. 6. All work shall follow the approved plans. The director of community development may approve minor changes. February 12, 2024 City Council Meeting Minutes 21 Seconded by Councilmember Villavicencio Ayes — All The motion passed. 2. Resolution Ordering the Abatement of Hazardous Building and Public Nuisance Conditions at 1830 Howard Street North Community Development Director Parr gave the presentation. Councilmember Juenemann moved to approve the Resolution Ordering the Abatement of Hazardous Building and Public Nuisance Conditions at 1830 Howard Street North. Resolution 24-02-2288 RESOLUTION ORDERING THE ABATEMENT OF HAZARDOUS BUILDING AND PUBLIC NUISANCE CONDITIONS AT 1830 HOWARD STREET NORTH RECITALS WHEREAS, the property located at 1830 Howard Street North and legally described as Lot 13, Block 1, Hillcrest Gardens, Ramsey County, Minnesota (the "Subject Property") contains a single-family dwelling (the "Dwelling") and is located in the city of Maplewood (the "City"); and WHEREAS, the Subject Property is owned by Karen Marie Haraldsen (the "Owner") and, to the best of the City's knowledge, is presently unoccupied; and WHEREAS, on January 11, 2024, pursuant to a duly obtained administrative search warrant, a physical inspection of the Subject Property and the Dwelling was conducted by the city's building official, Randy Johnson (the "Building Official") and the city's building inspector, Dan Lentz, during which the following conditions were observed: (1) The Dwelling's roof system is seriously deteriorated and compromised with numerous large holes, leaving the interior exposed to the elements and allowing water to infiltrate the Dwelling. (2) The Dwelling's foundation has a large opening that exposes the lower level to the elements. (3) A portion of the exterior wall at the rear of the Dwelling is failing and appears to be collapsing into the Dwelling. (4) The Dwelling's main level floor near the rear of the structure slopes down and sinks, and it appears unsafe and unstable. The main level floor joists also appear to be rotted due to excessive moisture. (5) Most of the observable ceilings on the main level are collapsed and have fallen into the Dwelling's interior. (6) The Dwelling's interior is extensively filled with piled up garbage, rubbish, deteriorated building materials, and other debris, including throughout all February 12, 2024 City Council Meeting Minutes 22 occupiable spaces that were safely accessible. The Dwelling's interior smells strongly of mold or mildew. (7) The exterior portion of the Subject Property contains a junk vehicle and an accumulation of other rubbish and debris. WHEREAS, while inside the Dwelling, staff was unable to complete a full inspection of all areas due to the extremely unsafe conditions within the Dwelling. Specifically, staff did not access the Dwelling's back hallway, the second floor, or the basement due to in inability to safely access those locations; and WHEREAS, since the above -mentioned inspection, there have been no permits pulled for the Dwelling that would indicate any improvements to the conditions observed on January 11, 2024; and WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a "hazardous building" as "any building... which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health"; and WHEREAS, section 18-31(5) of the Maplewood City Code (the "City Code") deems it a public nuisance to accumulate rubbish, debris, and other offensive materials on property; and WHEREAS, section 44-170)(4) requires that all vehicles parked or stored outside on residential property in the City have current registration and be operable, and section 18-70 of the City Code deems it a public nuisance to maintain any vehicle in the city that is otherwise in violation of the City Code; and WHEREAS, Minnesota Statutes, section 463.161 and section 18-37 of the City Code authorize the city council to order the owner of any hazardous building or nuisance property within the City to correct or remove said conditions; and WHEREAS, additionally, Minn. R. 1300.0180 expressly requires that unsafe structures "be abated [under] Minnesota Statutes, sections 463.15 to 463.26."; and WHEREAS, based on the information presented, the city council has determined that the condition of the Subject Property and the Dwelling constitutes a hazard and a public nuisance in violation of both state and local law and, therefore, should be abated. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood as follows: 1. The city council adopts, as factual findings, all of the recitals listed above. 2. The city council finds that the Dwelling is hazardous, as defined by Minnesota Statutes, section 463.15, and unsafe, as defined in Minnesota Rules, section 1300.0180. February 12, 2024 City Council Meeting Minutes 23 3. The city council also finds that the condition of the Subject Property constitutes a public nuisance, as defined by both state and local law, and violates the aforementioned sections of the City Code, and is a menace to the health of the inhabitants of the city. 4. The city attorney shall finalize an abatement order substantially similar to that attached as Exhibit A attached hereto. 5. The city attorney is authorized to take all necessary legal steps to effectuate service of this resolution and the corresponding abatement order in the manner required by state and/or local law. 6. The city attorney and city staff are authorized to take all necessary legal steps to secure compliance with the abatement order and to obtain authority to remove and abate the hazardous and nuisance conditions on the Subject Property by court order and collect and/or assess the costs thereof against the Subject Property, as otherwise permitted by state and/or local law. EXHIBIT A Abatement Order STATE OF MINNNESOTA COUNTY OF RAMSEY In the Matter of the Hazardous Building and Nuisance Property Located at 1830 Howard Street North, Maplewood, Minnesota DISTRICT COURT SECOND JUDICIAL DISTRICT Case Type: Other Civil ORDER FOR ABATEMENT OF HAZARDOUS BUILDING AND PUBLIC NUISANCE TO: All owners, occupants, and all lienholders of record. The city council of the city of Maplewood, Minnesota hereby orders that within 45 days of service of this order that you abate the hazardous and nuisance conditions which exist on the property located at 1830 Howard Street North, Maplewood, Minnesota, which property is legally described as: Lot 13, Block 1, Hillcrest Gardens, Ramsey County, Minnesota. Specifically, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463 and the Minnesota State Building Code, has determined that the unoccupied single-family dwelling (the "Dwelling") located at the above -referenced property is hazardous and unsafe due to the following observations: the Dwelling's roof system is significantly deteriorated and compromised with numerous large holes, leaving the interior exposed to the elements and February 12, 2024 City Council Meeting Minutes 24 allowing water to infiltrate the Dwelling; the Dwelling's foundation has a large opening that exposes the lower level to the elements; a portion of the wall at the rear of the Dwelling is failing and appears to be collapsing into the Dwelling; the Dwelling's main level floor near the rear of the structure slopes down and sinks, and it appears unsafe and unstable; the Dwelling's main level floor joists appear to be rotted due to excessive moisture; most of the observable ceilings on the Dwelling's main level have collapsed and fallen into the Dwelling's interior; the Dwelling's interior is extensively filled with piled up garbage, rubbish, deteriorated building materials, and other debris, including throughout all observable occupiable spaces; and the Dwelling's interior smells strongly of mold and mildew. Additionally, the exterior portion of the above -referenced property contains a junk vehicle and an accumulation of other rubbish and debris. For those reasons, the city of Maplewood, pursuant to chapter 18 of the Maplewood City Code and Minnesota Statutes, section 609.74, also has determined that the property constitutes a public nuisance. Pursuant to the above -referenced statutes and ordinances, it is hereby ORDERED that you abate the above -mentioned conditions within 45 days of the date of service of this order by either (i) razing (demolishing) the Dwelling and removing all debris and other materials, including the junk vehicle, from the property, or (ii) performing each and every one of the following items: 1. Repair or replace the Dwelling's deteriorated roof in accordance with the Minnesota State Building Code; 2. Repair or replace the hole in the Dwelling's foundation in accordance with the Minnesota State Building Code; 3. Repair or replace all of the Dwelling's deteriorated walls and other structural components in accordance with the Minnesota State Building Code, including a structural analysis of deteriorated components to ensure safety and habitability; February 12, 2024 City Council Meeting Minutes 25 4. Repair or replace all of the Dwelling's deteriorated floors and ceilings in accordance with the Minnesota State Building Code; 5. Determine the existence of mold due to the significant water infiltration and mitigate said mold, as deemed necessary; 6. Remove all accumulations of garbage, rubbish, deteriorated building materials, and other debris from the Dwelling's interior to ensure the health and safety of occupants and sufficient ingress and egress throughout the Dwelling; and 7. Remove the junk vehicle and other accumulations of rubbish and debris from the property's exterior, including inoperable lawn equipment, gas cans, and the large pile of debris in the yard. All such work is subject to permitting and required inspections by staff members of the city to ensure compliance with applicable rules and law. This order is not a permit. You are further advised that unless such corrective action is taken or an answer is served on the city and filed within 21 days of the date of service of this order upon you, a motion for summary enforcement of this order may be made to the Ramsey County District Court. Finally, you are further advised that if you do not comply with this order and the city is compelled to take corrective action, it will pursue the Dwelling's demolition and other exterior nuisance abatement efforts, and all necessary costs incurred by the city in taking such corrective action will be collected and assessed against the property pursuant to Minnesota Statutes, section 463.21 and section 18-37 of the Maplewood City Code. In connection thereto, the city also intends to recover all of its expenses incurred in carrying out this order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers' fees, witness fees, including expert witness fees and traveling expenses incurred by the city from the time this order was originally made, also pursuant to state and local law. [signature page to follow] February 12, 2024 City Council Meeting Minutes 26 Dated 12024 KENNEDY & GRAVEN, CHARTERED By: David T. Anderson (#0393517) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 Attorney for City of Maplewood ACKNOWLEDGMENT The undersigned acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2, to the party against whom the allegations in this pleading are asserted. David T. Anderson Seconded by Councilmember Lee Ayes — All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:58 p.m. Andrea Sindt, City Clerk February 12, 2024 City Council Meeting Minutes 27