HomeMy WebLinkAbout2018-05-14 City Council Workshop Packet
PLEASENOTESTARTTIME
PLEASENOTESTARTTIME
AGENDA
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:30P.M. Monday,May 14,2018
Maplewood City Hall –Council Chambers
A.CALL TO ORDER
B.ROLL CALL
C.APPROVAL OF AGENDA
D.UNFINISHED BUSINESS
1.Update on the Proposed Urban Agriculture Ordinance Amendments
2.Continuation of Gas & Electric Franchise Fee Ordinance
E.NEW BUSINESS
1.Overnight Parking Ordinance Discussion
F.ADJOURNMENT
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings -
elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be
heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council
meetings, it is understood that everyone will follow these principles:
Speak only for yourself, not for other council members or citizens -unless specifically tasked by your
colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each
other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others
in public.
Be respectful of each other’s timekeeping remarks brief, to the point and non-repetitive.
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Shann Finwall, AICP, Environmental Planner
DATE: May 7, 2018
SUBJECT: Update on Proposed Urban Agriculture Ordinance Amendments
Introduction
The proposed urban agriculture ordinance amendments were presented to the City Council
during the April 23, 2018 City Council workshop. Because of the quantity and complexity of the
proposed ordinance amendments, staff will present additional details and ensure time for
questions during the May 14, 2018 City Council workshop.
Discussion
Attached find the April 18, 2018 staff report that was included in the April 23, 2018 City
Council workshop packet. During the meeting staff will present a broad overview of the
ordinance amendments and take questions of the City Council.
Schedule
The ordinance amendments are scheduled for a public hearing at the May 15, 2018
Planning Commission meeting, and final review by the City Council on June 11, 2018.
Recommendation
Staff will present the proposed urban agriculture ordinance amendments during the City
Council workshop. The City Council will consider approval of those amendments at the
June 11, 2018 City Council meeting.
Attachment
1.April 18, 2018, Staff Report Update on Proposed Urban Agriculture
Ordinance Amendments
Workshop Packet Page Number 1 of 83
D1, Attachment 1
MEMORANDUM
TO:Melinda Coleman,City Manager
FROM:Shann Finwall, AICP, Environmental Planner
DATE:April 18, 2018
SUBJECT:Update on Proposed Urban Agriculture Ordinance Amendments
Introduction
Urban agriculture is the practice of growing, processing and distributing fresh food by people
living in urban areas. Maplewood can encourage urban agriculture by building local
partnerships, amending planning and zoning policies, and adopting community initiatives that
can reduce the barriers and challenges to providing healthy, local food accessto residents.
Background
The goal of the local foods section in the Sustainability Chapter of the 2040 Comprehensive
Plan is to create a healthy, walkable community by providing healthy food options and
accessibility for all people, regardless of income.Several actions are identified to achieve that
goal including the completion of an urban agriculture zoning review to remove barriers and
promote local food access in all zoning districts.The Environmental and Natural Resources
Commission completed a zoning review in December 2017. Based on the review, the ENR
Commission is recommending amendments to the City’s ordinances that will facilitate urban
agriculture uses while minimizing health, safety, and nuisance concerns. The recommendations
are separated into three focus areas including:
1.Animal agriculture (keeping of poultry, etc.)
2.Crop agriculture (community gardens, etc.)
3.Direct to consumer sales (farm stands, etc.)
Discussion
Animal Agriculture
Types of Urban Animal Agriculture
There are four main types of animal agriculture that could take place in a residential suburban
environment including:
1.Keeping of Poultry– The keeping of poultry such as chickens for egg production, meat,
fertilization of plants, and control of garden pests. Land use concerns include noise,
odor, rodent and pest problems, and potential for the poultry to transmit diseases.
2.Keeping of Bees – The keeping of honeybees for honey and pollination.The primary
land use concern with beekeeping in urban areas is the potential for stings.
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3.Aquaculture and Aquaponics – This includes fish farming and closed-loop systems
between plants and fish for the production and sale of plants and fish.Land use
concerns include poorly maintained systems that could cause odors or attract
mosquitoes.
4.Keeping of Goatsand Sheep – The keeping of goats and sheep for dairy, wool, meat,
and maintaining plant growth by foraging. Land use concerns include odor, noise,
damage to property, and runaway animals.
Other forms of animal agriculture require large lots and agricultural zoning, such as raising of
pigs. These types of uses would not be compatible in the City’s suburban environment.
Proposed Animal Agriculture Ordinance Amendments
1.Poultry
The City of Maplewood adopted a chicken ordinance on July 11, 2011. The ordinance
allows the keeping of up to ten chickens (hens only) on a residential lot with a permit.
Amendments proposed include:
a.Allowing other types of poultry in addition to chickens(i.e., quail and pheasants)
b.Changing the neighborhood consent requirements from 100 percent to a majority
consent for approval of a poultry permit.
c.Allowing the keeping of poultry on property that is not zoned single family
residential with a permit.
Note: The ENR Commission recommended increasing the number of poultry from ten
hens to a maximum of 30 with a permit, depending on size of lot. Staff is recommending
that the maximum number of poultry remain at ten hens.
2.Beekeeping
Maplewood’sordinances are silent on the keeping of bees. The code prohibitsthe
keeping of animals that pose a nuisance. Insects (bees) are included in the definition of
animal, so the code could be interpreted to allow the keeping of bees as long as they do
not pose a nuisance.Amendments proposed include:
a.Allow beekeeping in any zoning district as a permitted use.
b.Hive placement requirements.
3.Aquaculture and Aquaponics
Permitted uses in the light and heavy manufacturing zoning district include the
manufacturing, assembly, or processing of food products, except meat, poultry, or fish.
Aquaculture and aquaponics involve the processing of fish and could be interpreted as a
prohibited use in these zoning districts. Amendments proposed include:
a.Amend the M-1 and M-2 Zoning Districts to allow for these uses.
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4.Temporary Keeping of Goats and Sheep
Maplewood’s ordinancesprohibit the keeping of goats and sheep in most residential
zoning districts. The keeping of goats and sheep is allowed with a conditional use
permit on property zoned Farm Residential. Amendments proposed include:
a.Allow the temporary keeping of goats and sheep (up to 60 days) for vegetative
management with a permit.
b.Require a majority neighborhood consent for the temporary keeping of goats and
sheep.
c.Allow up to 75 goats or sheep, depending on size of lot.
Crop Agriculture
Types of Crop Agriculture
There were four types of crop agriculture reviewed by the ENR Commission including:
1.Communityand Market Gardens- These are cultivated spaces typically gardened and
managed by one or more persons –either on undeveloped lots or on leased lands for
private consumption or retail sale.
2.Front Yard Gardening - Most residential crop gardens are planted in the back or side
yard. The increasing popularity of consuming home-grown produce has expanded to the
front yard. Land use concerns include height of crops and aesthetics.
3.Urban Farms - For-profit agricultural operation. Land use concernsinclude additional
people and activity to the site, parking, lighting, signage, accessory building, large
equipment, chemical pesticides or herbicides.
4.Season Extenders - Any method of protecting crops from the elements in order to extend
the length of the growing season (hoop house, greenhouse). Land use concerns include
building code issues and aesthetics.
Proposed Crop Agriculture Ordinance Amendments
1.Community andMarket Gardens
Maplewood’s ordinances are silent on the use of land for a community or market garden.
Land use concerns include parking, exterior storage, availability of water, etc. There are
existingcommunity gardens in the City. These are located on church, school, City,
townhouse, and business properties. Two were approved through a formal city process
including a conditional use permit and as part of a park master plan. Others were
installed as part of an existing conditional use permit for schools and churches, as an
accessory use for atownhouse development, and as a pre-existing farming use.
Proposed amendments include:
a.Allow community gardens one acre or under as a permitted use in any zoning
district with standards such as setbacks, time limits for sale of produce, etc.
b.Allow community gardens over one acre in any zoning district with a conditional
use permit.
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Note: The ENR Commission recommended a staff review for a community garden
under one acre. Staff is recommending that the community gardens under one acre be
permitted without a staff review as long as it meets the standards outlined in the
ordinance amendment.
2.Front Yard Gardening
Maplewood’s ordinances do not define where a residential garden can be placed on a
lot, but does restrict the height of tallgrasses. Proposed amendments include:
a.Addingtext thatmakeit clearthatfront yardgardening isa permitteduse in
allresidential zoning districts.
3.Urban Farms
Maplewood’s codes are silent on urban farms. Proposed amendments include:
a.Allow urban farms on park land if it meets the City’s Park Master Plan.
b.Allow urban farms on all other zoning districts with a conditional use permit.
4.Season Extenders
The existing ordinances adequately address season extenders. Hoop houses and
greenhouses are allowed on residential property as long as the size and location meet
the City’s accessory structure ordinance and a building permit is obtained for structures
over 200 square feet.Hoop houses and greenhouses are allowed with design review,
conditional use permit in some cases, and a building permiton commercial property. No
ordinance amendments are recommended.
Direct to Consumer Sales
Types of Direct to Consumer Sales
Direct to Consumer Sales involves consumers buying agriculture products or prepared foods
directly from farmers or venders. Direct to consumer sales can bring fresh produce into areas
where access to nutritional food is not readily available. Examples ofDirect to Consumer Sale
uses include farm stands, farmer’s markets, and food trucks. Land use concerns with these
types of uses include traffic, noise, and parking issues.
Proposed Direct to Consumer Sales Ordinance Amendments
The City’s ordinances would allow for farms stands, farmer’s markets, and food trucks in the
Business Commercialand Light and Heavy Manufacturing Zoning Districtsonly for up to four
monthswith a permit, longer with a conditional use permit. Proposed ordinance amendment:
1.Define direct to consumer sales as the exterior sale of agricultural products or prepared
foods directly from farmers or venders to consumers.
2.Allow direct to consumer sales in all commercial zoning districts for up to four months
with permit.
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Note: The ENR Commission recommended direct to consumer sales be allowed for up to six
months to match the state’s growing season. Staff is recommending that the use be limited to
four months as approved by the City Council during the temporary sales ordinance amendment
adopted in 2015. If the City Council decides it is comfortable with extending direct to consumer
sales to six months, staff would recommend extending all temporary exterior sales to six months
as well to ensure ordinances are consistent.
Schedule
The schedule for the urban agriculture ordinance amendments are as follows:
April 23, 2018: City Council Workshop
May 15, 2018: Planning Commission(Public Hearing)
May 21, 2018: Environmental and Natural Resources Commission
June 11, 2018: City Council
June 20, 2018: Ordinance Amendments Published
Budget Impact
None
Recommendation
Staff will present the proposed urban agriculture ordinance amendments during the City Council
workshop. The City Council will consider approval of those amendments at the June 11, 2018
City Council meeting.
Attachments
1.Urban Agriculture Zoning Review
2.Proposed Urban Agriculture Ordinance Amendments
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City of Maplewood Urban Agriculture – Zoning Review
Updated March 14, 2018
Background
The Environmental and Natural Resources (ENR) Commission’sUrban Agriculture
Subcommittee is made up of three Commissioners. The Subcommitteereviewedthe City’s
ordinances to determine areas where urban agriculture would be allowed or prohibited. In
reviewing the information, theSubcommittee focused on three types of urban agriculture
including animal agriculture (keeping of chickens, etc.), crop agriculture (community gardens,
etc.), and direct to consumer sales (farm stands, etc.). Based on this review the full ENR
Commission is recommending ordinance amendments that will remove barriers andpromote
urban agriculture uses.
Ordinance Review
1.Residential
Farm District (Sections 44-71 and 44-72): It is estimated there are 200 residential
lots that are zoned Farm District. The Farm District zoning is a remnant district from
the City’s agricultural era. As large lots were subdivided into smaller lot residential
developments, Farm zoned land wasrezoned to Single Family Residential District
(R-1).
o Permitted Uses (Section 44-71)
Commercial farming or gardening,including the use or storage of associated
equipment.
Commercial greenhouses or nurseries.
Stands for the sale of agricultural products produced on the premises.
o Conditional Uses (Section 44-72)
Livestock raising and handling.Livestock is defined as “horses, cattle, mules,
asses, goats, sheep, swine, buffalo, llamas, ostriches, reptiles, genetic
hybrids of the foregoing, and other living animals usually kept for agriculture
husbandry, or the production of edible or salable byproducts.”
A landscape business or any other similar use as an accessory use to
residential property.
Single and Double Dwelling Residential Districts Including R-1, R-1(R), R-E, R-1S,
R-2(Sections 44-101,44-117,44-152,44-192,44-241):
o Permitted Uses
Single family homes and accessory uses.
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Section 44-101includes permitted uses in residential zoning districts and
specifies that commercial plant nurseries and greenhouses on a property with
a dwelling are allowed with a home occupation license.
Crop Gardens - Accessory uses include crop gardening. Most residential
crop gardens are planted in the back or side yard. The increasing popularity
of consuming home-grown produce has expanded to the front yard. Land
use concerns include height of crops and aesthetics. The City code does not
regulate where a garden can be placed on the lot, except for restrictions on
planting in the boulevard. Sight Obstructions at Intersections (Section. 32-
246): Plant material that is higher than 2 feet, 6 inches is prohibited within
the right-of-way (boulevard).
Bees - Keeping of Certain Animals (Section 10-32):No person shall keep,
maintain, or harbor within the city any animal kept in such numbers or in such
a way as to constitute a likelihood of harm to the public, which constitutes a
public nuisance.Definition of animal includes “insect.” Interpretation – bees
are allowed as long as they don’t become a nuisance.
o Conditional Uses (in the R1(R) Zoning District Only)
Commercial farming or gardening, including the use or storage or associated
equipment when on a property with a single dwelling.
Stands for the sale of agricultural products grown or produced on the
property.
o Prohibited Uses
Raising or handling of livestock and poultry(except chickens as outlined in
Article IX).
Accessory buildings without an associated dwelling on the same premises.
Commercial plant nurseries, commercial greenhouses, farms or any structure
for the sale or display of commercial products when not on a property with a
residential use.
o Home occupations (Division 2)are permitted if the following circumstances take
place for less than 30 days each year, if for more than 30 days each year the use
requires a home occupation permit approved by the City Council:
Employment of a nonresident.
Customers or customers’ vehicles on the premises.
Home Occupations must not:
Have more than one vehicle associated with the home occupation which is
classified as a light commercial vehicle.
Not generate traffic in greater volumes than would normally be expected in a
residential neighborhood.
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Have more than one non-resident employee workingon the premises.
Have vehiclesassociated with thehome occupation parked on the street.
Example urban agriculture uses that would be allowed for 30 days per year
without a home occupation would include farm stands.
o Uses Allowed with a Permit
Chickens (Article IX): Keeping of up to ten hens with a permit approved by
City staff is allowed in residential districts (except R-1S). Maplewood’s
chicken ordinance was adopted in 2011 and allows the keeping of up to ten
hens on residential property with a permit. A property owner applying for a
permit must have consent from 100 percent of their adjacent property owners
before the City will issue the permit. The fee for a chicken permit is $75 for
the first year, and $50 thereafter.
2.Commercial
Business Commercial/Light and Heavy Manufacturing
o Permitted uses in Section 44-511include the temporary exterior sale of goods,
up to four months per year, pursuant to licensing and permitting requirements in
chapter 14, article vi, chapter 20, article IV and chapter 28, article II. This
language would allow farm stands, food trucks and push carts, and farmers
markets in the Business Commercial/Light and Heavy Manufacturing District if
the use was limited to four months.
o Conditional uses in Section 44-512include the exterior storage, display, sale or
distribution of goods or materials. This language would allow farm stands, food
trucks and push carts, and farmers markets for longer than four months in the
Business Commercial/Light and Heavy ManufacturingDistrict with a conditional
use permit.
Shopping Center District
o Conditional uses in Section 44-597include the exterior storage, display, sale, or
distribution of goods or materials. This language would allow farm stands, food
trucks and push carts, and farmers markets within the Shopping Center District
with a conditional use permit, regardless of the timeframe.
Business Commercial Modified
o Prohibited uses in Section 44-559include the exterior storage, display, sale or
distribution of goods or materials. This language would restrict farm stands, food
trucks and push carts, and farmers markets within the Business Commercial
Modified District.
Mixed Use District:
o Prohibited uses in Section 44-680include the exterior storage, display, sale or
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distribution of goods or materials. This language would restrict farm stands, food
trucks and push carts, and farmers markets within the Mixed Use District.
Light Manufacturing District:
o Permitted uses in Section 44-636allows manufacturing, assembly or processing
of food products, except meat, poultry or fish. This language would prohibit the
assembly or processing of fish in afacility that uses aquaculture (fish farming) or
aquaponics(fish farming in a closed loop systems that create a relationship
between plants and food).
Heavy Manufacturing District:
o Permitted uses in Section 44-676allow manufacturing, assembly or processing
of food products, except meat, poultry or fish.This language would prohibit the
assembly or processing of fish in a facility that uses aquaculture (fish farming) or
aquaponics(fish farming in a closed loop systems that create a relationship
between plants and food).
Conditional Use Permits (Article V): The City Council may issue conditional use
permits for the following uses in any zoning district where they are not specifically
prohibited: “Public and private utilities, public service, or public building uses.”The
City has interpreted a “community garden” as a public use in the past and authorized
a 250 plot community garden to be developed on a vacant business commercial lot.
3.Parksand Community Preserves
The Maplewood Zoning Code and Comprehensive Plan outline codes and policies that
would allow for food production including edibles, foraging, permaculture, community
gardens, urban farms, etc., as follows:
Open Space and Parks District (Sec. 44. Division 1.): The Open Space and Parks
District section of the zoning code allows for improvements and structures within
open space lands and public parks that are consistent with the Maplewood
Comprehensive Land Use Plan.
2040 Comprehensive (Parks, Trails, and Open Space Chapter Section 3.3.1):The
goals and policies outlined in this chapter include integratingfood production in city
parks and preserves including edibles, foraging, permaculture, community gardens,
etc.
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ANIMAL AGRICULTURE
1.BEES
ORDINANCE NO. _______
An Ordinance Allowing the Keeping of Bees
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the animal chapter to allow the keeping of bees as a
permitted use in all zoning districts.(Additions are underlined and deletions are stricken
from the original ordinance.)
Chapter 10 (Animals), Article XI (Bees)
Sec. 10-511. Purpose
Promote the conservation, health, and diversity of bee pollinators through best practices in the
keeping of bees.
Sec. 10-512. Definitions
Bee means a domestic honeybee of the species Apis mellifera
Beekeeper means a person who is responsible for the keeping of bees on a property.
Beekeeping means the keeping of bees in a hive.
Hive means a structure intended for the housing of a bee colony.
Sec. 10-513. Beekeeping as an Accessory Use.
Beekeeping is permitted outright (in all zoning districts) as an accessory use.
Sec. 10-514.Nuisances.
Sec. 10-515. - Hive Regulations:
(1) No hive shall be located closer than five (5) feet from any property line.
(2) No hive shall be located closer than ten (10) feet from a public sidewalk.
(3) No hive shall be located closer than twenty-five (25) feet from a principal building on an
adjoining lot.
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2. GOATS/SHEEP
ORDINANCE NO. _______
An Ordinance Allowing the Temporary Keeping of Goats and Sheep
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goats and sheep in the Single Dwelling zoning district for prescriptive
grazing. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1) The raising or handling of livestock, poultry (except for chickens as outlined in Sections
10-476 through 10-487, Chickens) (except for goats and sheep outlined in Chapter 10,
Article X, Goats and Sheep) or animals causing a nuisance, except for licensed kennels.
(2) Accessory buildings without an associated dwelling on the same premises.
(3) Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale of display of commercial products, when not on a property with a residential use.
Section 2. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goats and sheep in the Rural Conservation Dwelling zoning district.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-118. Uses.
(3) Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
(b) The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) (except for goats and sheep outlined
in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance,
except for licensed kennels.
Section 3. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goats and sheep in the Small-Lot Single-Dwelling zoning district. (Additions
are underlined and deletions are stricken from the original ordinance.)
Sec. 44-192. Uses.
(b) Prohibited uses.
(1) Accessory buildings without an associated dwelling on the same premises.
(2) The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) (except for goats and sheep outlined
in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance,
except for licensed kennels.
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(3) Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R-1S
district.
Section 4. This section amends the animal chapter to allow the temporary keeping of
goats and sheep in all zoning districts with a permit. (Additions are underlined and
deletions are stricken from the original ordinance.)
Chapter 10 (Animals), Article X (Goats and Sheep)
Sec. 10-492. Purpose.
It is the purpose of this ordinance to permit the keeping and maintenance of goats and sheep
brought in temporarily for the purpose of vegetation management.
Sec. 10-493. Definitions
Buck means a male goat.
Doe means a female goat.
Goat means an animal in the subspecies of Capra Aegagrus Hircus.
Grazing means goats or sheep eating vegetation.
Officer means any person designated by the City Manager as an enforcement officer.
Ram means a male sheep.
Sheep means and animal in the subspecies ofOvis Aries
Wethers means a castrated buck.
Sec. 10-494. Permitted Use.
The City allows the temporary keeping of goats and sheep in all zoning districts for vegetation
management with a permit issued by the City Clerk.
Sec. 10-495. Permit Required.
(1)No person shall stable, keep, or permit any goats or sheep to remain on any lot or
premises within the city without a permit. The City Manager or their designee shall grant
a permit for goats or sheep after the applicant has met all requirements contained in this
ordinance.
(2) The Officer shall grant a permit for the temporary keeping of goats or sheep after the
property ownerhas obtained the written consent of a majority (over 50 percent) of the
property owners of privately or publicly owned real estate that are located adjacent (i.e.,
sharing property lines) on the outer boundaries of the premises for which the permit is
lines are one
hundred fifty (150) feet or more from any houseor business.
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(3) Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner, manager, or other person in
charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deems necessary.
Sec. 10-496. Application.
Any person desiring a permit required under the provisions of this ordinance shall make written
application to the City Clerk upon a form prescribed by and containing such information as
required by the City Clerk and officer. Among other things, the application shall contain the
following information:
(1) A description of the real property upon which it is desired to keep goats or sheep.
(2) The breed and number of goats or sheep to be maintained on the premises.
(3) The timeframe for grazing at the property.
(4) A site plan of the property showing the location and size of the proposed grazing area.
Grazing must follow the wetland ordinance.
(5) List of person(s) managing and monitoring the goats and sheep.
(6) Statements that the applicant will at all times keep the goats and sheep in accordance
with all of the conditions prescribed by the officer, or modification thereof, and that failure
to obey such conditions will constitute a violation of the provisions of this ordinance and
grounds for cancellation of the permit and/or the issuance of a citation to the applicant.
Sect 10-497. - Limitations for the Keeping of Goats and Sheep:
(1) Permitted and Prohibited Goats and Sheep: Does and Wethers are permitted; Bucks
and Rams are prohibited.
(2)Fences: Every owner, keeper, custodian, or harborer of goats or sheep shall erect
and/or maintain a fence, as described in this ordinance and the fence ordinance found in
Section 12-3, to contain and confine all goats and sheep kept or maintained on the
premises. The fence shall be at least five (5) feet in height and the meshing shall be of a
size to contain the goats and sheep. The goats and sheep may be moved to a separate
holding pen at night, which shall be located the maximum distance practicable from
residences.
(3) Number of Goats or Sheep Allowed: Up to four (4) goats or sheep on parcels that are
ten thousand (10,000) square feet in area or less, with one (1) additional goat or sheep
per every one thousand (1,000) square feet of lot area over ten thousand (10,000)
square feet, to a maximum of seventy-five (75) goats or sheep per parcel.
(4) Maintenance: All sites on which goats or sheep are kept or maintained shall be kept
clean from filth, garbage, and any substances which attract rodents.
(5) Odor: The site shall be cleaned frequently enough to control odor. Manure shall not be
allowed to accumulate in a way that causes an unsanitary condition or causes odors
detectible on another property. Failure to comply with these conditions may result in the
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City revoking the permit and requiring the removal of the goats or sheep from the
premises.
(6) Nuisance: Goats or sheep shall not be kept in such a manner as to constitute a
nuisance to the occupants of adjacent property.
Sec. 10-498. Violations.
(1) Any person violating this ordinance shall be deemed guilty of a misdemeanor and upon
conviction, shall be punished in accordance with Section 1-15.
(2) If any person is found guilty by a court for violation of this ordinance, their permit to
temporarily keep goats or sheep shall be deemed automatically revoked and no new
permit may be issued for a period of one (1) year.
(3) Any person violating any conditions of this permit shall reimburse the city for all costs
borne by the city to enforce the conditions of the permit including but not limited to the
pickup and impounding of goats and sheep.
Sec 10-499. Term of Permit
No property owner or person shall store on a property goats or sheep for more than sixty (60)
days in any twelve (12) month period starting with the date the animals are moved on the
parcel. The city may grant a time extension of an additional sixty (60) days provided the
property owner gets approval from the city.
Sec. 10-500. Application Fees.
The application fee for a goat or sheep permit under this ordinance shall be set by the city
council, by resolution, from time to time.
Sec.10-501. Revocation.
Such permit may be modified from time to time or revoked by the officer for failure to conform
to such restrictions, limitations, prohibitions. Such modification or revocation shall be
effective after ten (10) days following the mailing of written notice thereof by certified mail to
the person or persons keeping or maintain such goats or sheep.
Sec. 10-50210-510 Reserved.
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3. POULTRY
ORDINANCE NO. _______
An Ordinance Allowing the Keeping of Poultry in
All Zoning Districts
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to amend definitions for
livestock and poultry. (Additions are underlined and deletions are stricken from the
original ordinance.)
Sec. 44-6. Definitions.
Livestock means horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches,
reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture,
husbandry, or the production of edible or salable byproducts. This definition shall be expressly
construed as having no application to the ownership or disposition of poultry.animals addressed
by chapter 10.
Poultry means domesticated birds in the order of Galliformes (excluding the genus Meleagris)
that serve as a source of eggs or meat.and that include among commercially important kinds,
chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others.
Section 2. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Single Dwelling Residential zoning districts with a permit. (Additions are
underlined and deletions are stricken from the original ordinance.)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1) The raising or handling of livestock,poultry (except for chickens as outlined in Sections
10-476 through 10-487, Chickens) or animals causing a nuisance, except for licensed
kennels.*
(2) Accessory buildings without an associated dwelling on the same premises.
(3) Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale of display of commercial products, when not on a property with a residential use.
*Note: Change this section if the temporary keeping of goat/sheep ordinance is approved.
Section 3. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Rural Residential zoning districts with a permit. (Additions are underlined
and deletions are stricken from the original ordinance.)
Sec. 44-118. - Uses.
(3) Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
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(b) The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) or animals causing a nuisance,
except for licensed kennels.*
*Note: Change this if the temporary keeping of goat/sheep ordinance is approved.
Section 4. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Small-Lot Single-Dwelling zoning districts with a permit. (Additions are
underlined and deletions are stricken from the original ordinance.)
Sec. 44-192.Uses.
(b) Prohibited uses.
(1) Accessory buildings without an associated dwelling on the same premises.
(2) The raising or handling of livestock, poultry or animals causing a nuisance,
except for licensed kennels.
(3) Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R-1S
district.
Section 5
address the permitting requirements for poultry in all zoning districts. (Additions are
underlined and deletions are stricken from the original ordinance.)
Chapter 10 (Animals), Article IX (PoultryChickens)
Sec. 10-476. Definitions.
Brooding means the period of poultrychicken growth when supplemental heat must be provided,
Coop means the structure for the keeping or housing of poultrychickens permitted by the
ordinance.
Exercise yard means a larger fenced area that provides space for exercise and foraging for the
birds when supervised.
Hen means a female chicken.
Officer means any person designated by the city manager as an enforcement officer.
Poultry means domesticated birds in the order of Galliformes (excluding the genus Meleagris)
that serve as a source of eggs or meat.
Rooster means a male domesticated bird in the order of Galliformes.
Run means a fully enclosed and covered area attached to a coop where the poultrychickens
can roam unsupervised.
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Sec. 10-477. Purpose.
be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the
keeping and maintenance of poultryhens for egg and meat sources in a clean and sanitary
manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the
community.
Sec. 10-478. Investigation and Enforcement.
Officers designated by the city manager shall have authority in the investigation and
enforcement of this article, and no person shall interfere with, hinder or molest any such officer
in the exercise of such powers. The officer shall make investigations as is necessary and may
grant, deny, or refuse to renew any application for permit, or terminate an existing permit under
this article.
Sec. 10-479. Limitations for the keeping of poultry: each single dwelling residential unit, except
the R-1S district where the keeping of chickens is prohibited:
(a) Keeping of poultry is allowed in all zoning districts with a permit.
(ba) Number of Poultry: Up to ten (10) poultry on any lot. No more than ten (10) hens shall
be housed or kept on any one (1) residential lot in any area of the city zoned for single
dwelling residential with a permit as outlined below.
(cb) Roosters:Roosters are prohibited.
(dc) Slaughtering:Slaughtering of poultrychickens on the property is prohibited.
(d) Leg banding of all chickens is required. The bands must identify the owner and the
(e) Coop Standards:A separate coop is required to house the poultrychickens.Coops
must be constructed and maintained to meet the following minimum standards:
(1) Located in the rear or side yard.
(2) Setback at least five (5) feet from the rear or side property lines.
(3) Interior floor space four (4) square feet per bird.
(4) Interior height six (6) feet adequate room to allow access for cleaning and
maintenance.
(5) Doors one (1) standard door to allow humans to access the coop and one (1)
for birds (if above ground level, must also provide a stable ramp).
(6) Windows one (1) square foot window per ten (10) square feet floor space.
Windows must be able to open for ventilation.
(7) Climate control adequate ventilation and/or insulation to maintain the coop
temperature between 32 85 degrees Farenheit.
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(8) Nest boxes one (1) box per every three (3) birdshens.
(9) Roosts shall be sufficient for the number of birds in the coop.one and one-half
(1 1/2) inch diameter or greater, located eighteen (18) inches from the wall and
two (2) to three (3) inches above the floor.
(10) Rodent proof coop construction and materials must be adequate to prevent
access by rodents.
(11) Coops shall be constructed and maintained in a workmanlike manner.
(f) Poultry Run: A run or exercise yard is required.
(1) Runs must be constructed and maintained to meet the following minimum
standards:
a) Location: rear or side yard.
b) Size: Ten (10) square feet per bird, if access to a fenced exercise yard is
also available; sixteen (16) square feet per bird, if access to an exercise
yard is not available. If the coop is elevated two (2) feet so the
poultryhens can access the space beneath, that area may count as a
portion of the minimum run footprint.
c) Height: Adequate roomSix (6) feet in height to allow access for cleaning
and maintenance.
1) Gate: One gate to allow human access to the run.
2) Cover: Adequate to keep poultryhens in and predators out.
3) Substrate: Composed of material that can be easily raked or
regularly replaced to reduce odor and flies.
(2) Exercise Yards:Exercise yards must be fenced and is required if the run does
not provide at least sixteen (16) square feet per bird. Exercise yards must
provide a minimum of one-hundred seventy-four (174) square feet per
birdchicken.
(g) Prohibited Storage of Poultry:
(1) PoultryChickens must not be housed in a residential house or commercial
building attached or detached garage, except for brooding purposes only.
(2) Poultry must not be housed in an attached or detached garage, except for
brooding purposes only.
(h) Unsanitary Conditions: All premises on which poultryhens are kept or maintained shall
be kept clean from filth, garbage, and any substances which attract rodents. The coop
and its surrounding must be cleaned frequently enough to control odor. Manure shall
not be allowed to accumulate in a way that causes an unsanitary condition or causes
odors detectible on another property. Failure to comply with these conditions may result
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in the officer removing poultrychickens from the premises and/or revoking a
poultrychicken permit.
(i) Food Storage: All grain and food stored for the use of the poultryhens on a premise with
apoultrychicken permit shall be kept in a rodent proof container.
(j) Nuisances:PoultryHens shall not be kept in such a manner as to constitute a nuisance
to the occupants of adjacent property.
(k)Disposal: Dead poultrychickensmust be disposed of according to the Minnesota Board
of Animal Health rules which require poultrychickencarcasses to be disposed of as soon
as possible after death, usually within forty-eight (48) to seventy-two (72) hours. Legal
forms of poultrychickencarcass disposal include burial, off-site incineration or rendering,
or composting.
Sec. 10-480. Permitrequired.
(1) Permit required.
The officer shall grant a permit for poultrychickens after the applicant has
obtainedsought the written consent of a majority (over 50 percent)one hundred (100)
percent of the owners or occupants of privately or publicly owned real estate that are
located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for
s
property lines are one hundred fifty (150) feet or more from any house or business.
Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner or manager, or other person
in charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deems necessary.
Sec. 10-481. Application.
(2) Application.
Any person desiring a permit required under the provisions of this article shall make
written application to the city clerk upon a form prescribed by and containing such
information as required by the city clerk and officer. Among other things, the application
shall contain the following information:
(a1) A description of the real property upon which it is desired to keep the
poultrychickens.
(b2) The genusbreed and number of poultrychickens to be maintained on the
premises.
(c3) A site plan of the property showing the location and size of the proposed
poultrychicken coop and run, setbacks from the poultrychicken coop to property
lines and surrounding buildings (including houses and buildings on adjacent lots),
and the location, style, and height of fencing proposed to contain the
poultrychickens in a run or exercise area. Portable coops and cages are
allowed, but portable locations must be included with the site plan.
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(d4) Statements that the applicant will at all times keep the poultrychickens in
accordance with all of the conditions prescribed by the officer, or modification
thereof, and that failure to obey such conditions will constitute a violation of the
provisions of this chapter and grounds for cancellation of the permit.
(e5) Such other and further information as may be required by the officer.
Sec. 10-482. Permit conditions.
(3) Permit conditions.
(1) If granted, the permit shall be issued by the city clerk and officer and shall state the
conditions, if any, imposed upon the permitted for the keeping of poultrychickens under
this permit. The permit shall specify the restrictions, limitations, conditions and
prohibitions which the officer deems reasonably necessary to protect any person or
neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance,
or to protect the public health and safety. Such permit may be modified from time to
time or revoked by the officer for failure to conform to such restrictions, limitations,
prohibitions. Such modification or revocation shall be effective after ten (10) days
following the mailing of written notice thereof by certified mail to the person or persons
keeping or maintain such poultrychickens.
Sec. 10-483. Violations.
(4) Violations.
(a1) Any person violating any of the sections of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction, shall be punished in accordance with
section 1-15.
(b2) If any person is found guilty by a court for violation of this section, their permit to
own, keep, harbor, or have custody of poultrychickens shall be deemed
automatically revoked and no new permit may be issued for a period of one (1)
year.
(c3) Any person violating any conditions of this permit shall reimburse the city for all
costs borne by the city to enforce the conditions of the permit including but not
limited to the pickup and impounding of poultrychickens.
Sec. 10-484. Required; exceptions.
(5) Required; exceptions.
No person shall (without first obtaining a permit in writing from the city clerk) own, keep,
harbor or have custody of any live poultrychicken.
Sec. 10-485. Fees; issuance.
(6) Fees; issuance.
For each poultry permitresidential site the fee for a permit is as may be imposed, set,
established and fixed by the City Council, by resolution, from time to time.
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Sec. 10-486. Term.
(7) Term.
Permits issued under this division shall have a duration period of twoone years. The first
two years of a permit shall require an annual inspection after year one.Theexpiration
date of such permit is as may be imposed, set, established and fixed by the city clerk,
from time to time. A permit renewal application shall be filed with the office of the city
clerk prior to the expiration date.
Sec. 10-487. Revocation.
(8) Revocation.
The city manager may revoke any permit issued under this ordinance if the person
holding the permit refuses or fails to comply with this ordinance, with any regulations
promulgated by the city council pursuant to this ordinance, or with any state or local law
governing cruelty to animals or the keeping of animals. Any person whose permit is
revoked shall, within ten (10) days thereafter, humanely dispose of all poultrychickens
being owned, kept or harbored by such person, and no part of the permit fee shall be
refunded.
Sec. 10-48110-491. Reserved.
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CROP AGRICULTURE
1. COMMUNITY AND MARKET GARDENS
ORDINANCE NO. _______
An Ordinance Allowing Community and Market Gardens
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section creates a new ordinance to allow for community and market
gardens of one acre or less as a permitted use and over one acre as a conditional use in
all zoning districts. (Additions are underlined and deletions are stricken from the original
ordinance.)
Chapter 18, Article V, Division 9 (Community and Market Gardens)
Sec. 18-610. Definitions.
A Community and Market Garden are cultivated spaces typically gardened and managed by
one or more persons either on undeveloped lots or on leased lands for private consumption or
retail sale.
Sec. 18-611. Community and Market Gardens Under One Acre in Size.
(a) Allowed in any zoning district with the following standards:
(1) Maintain a 5-foot setback to all property lines.
(2) On-site sales shall be limited only to products grown on the site with the following
requirements:
1) Sales shall be limited to no more than thirty (30) calendar days a year.
2) Sales shall only take place between the hours of 7am 7pm.
3) Sales shall not take place on the public sidewalk or boulevard.
(3) Soil tests showing that lead levels are less than one hundred parts per million
(100ppm), or raised planting beds with soil barriers and clean, imported soil will
be required.
(4) Community or market garden accessory structures are allowed including
greenhouses and hoop houses. A building permit is required for structures larger
than 200 square feet in area.
(5) Subject to minimum property maintenance standards as outlined in Maplewood
City ordinances.
(6) Abide by noise regulations as outlined in Maplewood City ordinances.
(7) Be conducted in a manner that controls odor, dust, erosion, lighting, and noise
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and is in compliance with City standards so as not to create a nuisance.
(8) Any tools, equipment, and material shall be stored and concealed within an
enclosed, secure structure.
(b) When a community or market garden has been discontinued:
(1) The property shall be restored with native plantings; or at a minimum grass and
ground cover to control erosion, dust, and mud.
(2) All structures accessory to the community or market garden shall be removed.
Sec. 18-612. Community or Market Gardens Over One Acre in Size.
Allowed with a conditional use permit pursuant to 44-1092.
Section 2. This section amends the Maplewood Zoning Code to add a definition for
community and market gardens. (Additions are underlined and deletions are stricken
from the original ordinance.)
Chapter 44 (Zoning), Article I (In General)
Sec. 44-6.Definitions.
Community and Market Garden are cultivated spaces typically gardened and managed by one
or more persons either on undeveloped lots or on leased lands for private consumption or
retail sale.
Section 3. This section amends the Maplewood Zoning Code to allow for community and
market gardens over one acre with a conditional use permit in any zoning district.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-1092. Conditional uses.
The city council may issue conditional use permits for the following uses in any zoning district in
which they are not specifically prohibited:
(8) Community and Market Gardens Over One Acre in Size
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2. FRONT YARD GARDENING/PERMACULTURE
ORDINANCE NO. _______
An Ordinance Allowing Front Yard Gardening and Permaculture
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to allow for front yard
gardening and permaculture as a permitted use in all residential zoning districts.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec 44-6. Definitions.
Home garden is a garden within a residential property.
Sec. 44-101. Permitted uses.
The only uses permitted in the R-1 residence district are as follows:
1. One single-family dwelling and its accessory buildings and uses on each lot. ...
6. Home garden.
Section 44-103. Prohibited uses.
The following uses are prohibited in the R-1 residence district:
2. Accessory buildings without an associated dwelling on the same premises, except for
accessory buildings approved as part of a community or market garden.
Section 2. This section amends the rental housing maintenance code to add clarifying
language that identifies that permaculture is allowed as a permitted use in all residential
zoning districts. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 12-99. Yards.
(d) Removal of noxious weeds. The yard shall be free from noxious weeds and tall
nonnative turf grass as required in section 18-31(8).
(h) Yards and landscaped areas. The owner shall maintain all yards and landscaping and
replace all damaged or dead plants required by the city. If a yard is landscaped with tall
native grasses, a five (5) foot wide manicured buffer of mowed grass or other shorter
plants will be required around the perimeter of the yard that is adjacent other properties
with manicured lawns.
Section 3. This section amends the owner-occupied housing maintenance code to add
clarifying language that identifies that permaculture is a permitted use in all residential
zoning districts. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 12-147 Exterior property areas.
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(b) Removal of noxious weeds and pests. All exterior property areas shall be kept free from
noxious weeds and tall nonnative turf grass species of weeds or plant growth, rodents,
vermin or other pests which are noxious or detrimental to the public health.
Section 4. This section amends the nuisance code to add clarifying language that
identifies that permaculture is not a nuisance. (Additions are underlined and deletions
are stricken from the original ordinance.)
Sec. 18-31. Nuisances affecting health, safety, comfort or repose.
The following are hereby declared to be public nuisances affecting health, safety, comfort or
repose:
(8) All noxious weeds. Noxious weeds shall be as defined by the state department of
agriculture. Tall nonnative turf grasses and other rank growths that are adversely
affecting the public health, safety, welfare, comfort or repose shall also be considered a
public nuisance. Wetlands and public open space such as parks, nature center or
county open space, are exempted from the tall nonnative turf grass part of this
subsection. The noxious weed requirements shall apply. The environmental health
officer shall interpret and enforce this subsection, subject to an appeal to the city council.
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3. URBAN FARMS
ORDINANCE NO. _______
An Ordinance Allowing Urban Farms
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to define urban farms.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-6. Definitions.
Urban farms means large-scale gardening in an urban environment for training or production.
Section 2. This section amends the Conditional Use Permit ordinance to allow urban
farms with a conditional use permit in any zoning district.
Sec. 44-1092. Conditional uses.
The city council may issue conditional use permits for the following uses in any zoning district in
which they are not specifically prohibited:
(9) Urban Farms
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4. DIRECT TO CONSUMER SALES
Section 1. This section amends the Maplewood Zoning Code to define direct to
consumer sales and exterior sale of goods. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-6. Definitions.
Direct to consumer sales means the sale of agricultural products or prepared foods directly from
farmers or venders to consumers including, but not limited to, community supported agriculture,
Exterior sale of goods means the exterior storage, display, sale, or distribution of goods or
materials, but not including a junkyard, salvage automobile, or other wrecking yard, and direct to
consumer sales.
Section 2. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Neighborhood Commercial zoning district as an accessory use. (Additions
are underlined and deletions are stricken from the original ordinance.)
Sec. 44-428. Accessory uses.
(3) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 3. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Commercial Office zoning district. (Additions are underlined and deletions
are stricken from the original ordinance.)
Sec. 44-472. Permitted uses.
(7) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 4. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Business Commercial zoning district. (Additions are underlined and
deletions are stricken from the original ordinance.)
Sec. 44-511. Permitted uses.
The city shall only permit the following uses in a BC business commercial district:
(19) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 5. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Limited Business Commercial zoning district. (Additions are underlined and
deletions are stricken from the original ordinance.)
Sec. 44-536. Permitted uses.
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(c) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 6. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Business Commercial Modified zoning district. (Additions are underlined
and deletions are stricken from the original ordinance.)
Sec. 44-557. Permitted uses.
(11) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Sec. 44-559. - Prohibited uses.
Prohibited uses in the BC(M) business commercial district (modified) are as follows:
(3) The exterior storage, display, sale, or distribution of equipment, goods, or materials,
except direct to consumer sales.
Section 7. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Shopping Center zoning district. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-596. Permitted uses.
(13) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 8. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Mixed Use zoning district. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-680. - Uses.
Type of UsesPermitted (P)
Conditional Use Permit (CUP)
Prohibited (P)
Exterior storage, display, sale or distribution of goods or materials. P*PR
Direct to consumer sales, up to four (4) months per year. P
*Pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and
chapter 28, article II.
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D2
MEMORANDUM
TO:Melinda Coleman, City Manager
FROM:Ellen Paulseth, Finance Director
Steve Love, Public Works Director/City Engineer
DATE:May 8, 2018
SUBJECT:Continuation of Gas & Electric Franchise Fee Ordinance
Introduction
th
At the April 9, 2018 City Council Workshop staff gave a presentation on the use of gas and
electrical franchise feesto help fund capital improvement projects. Staff will provide a brief
th
summary of what was covered at the April 9workshop and continue the presentation.
Background
In an effort to reduce new bonded debt by approximately $1MM annually, staff proposes to
increase gas and electric franchise fees to provide alternative revenue sources to finance
capital projects. The increase in franchise fees would result in additional franchise fee revenue
of $650K per year. The remaining $350K has already been incorporated into the annual budget
through a combination of levy increases and cuts in other areas.
A copy of the April 9th, 2018 City Council Workshop agenda report and the power point
presentation is attached to this report. The report and presentation provides a review of various
funding options and the pros and cons of each. Additionally, they include an analysis on what
the increase would mean to residential consumers and other property owners.
Budget Impact
th
See attached April 9, 2018 City Council Workshop report
Recommendation
It is recommended that the City Council consider the amendment of the electric and gas franchise
fee ordinances aftera public hearing inJune.
Attachments
1.April 9, 2018 City Council Workshop Agenda Report
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
Steve Love, Public Works Director/City Engineer
DATE: April 9, 2018
SUBJECT:
Introduction
One of the top strategic priorities of the Maplewood City Council is Financial Sustainability. To
maintain this goal, the Finance Department has adopted several action initiatives, including the
development of financing plans that result in lowering the amount of outstanding debt. The Key
Outcome Indicator (KOI)) of this initiative is to maintain the City’s excellent bond rating. In an
effort to reduce new bonded debt by approximately $1MM annually, staff proposes to increase
gas and electric franchise fees to provide alternative revenue sources to finance capital projects.
The increase in franchise fees would result in additional franchise fee revenue of $650K per year.
The remaining $350K has already been incorporated into the annual budget through a
combination of levy increases and cuts in other areas.
Background
Bonding for Capital Costs - Historically the City has borrowed for both the capital and overhead
costs related to capital projects. It is not a good practice to borrow for operational costs. While
these expenses are related to capital projects, a portion of the bond proceeds is providing a
revenue stream for the General Fund through internal charges to the capital projects funds.
Local Government Aid - As an interim solution for 2018, the City is utilizing Local Government
Aid (LGA) to cover approximately $650K in overhead costs related to capital projects. However,
this revenue source is not guaranteed and can be highly sensitive in a State budget shortfall
environment. We recommend utilizing LGA for one-time capital expenditures or to finance
facilities replacement.
Effective Financing Plan for Street Improvements - Currently the City finances local street
improvements through special assessments, utility fund contributions, and the issuance of debt.
In our view, the most effective foundation for financing street improvements includes:
SpecialAssessments,
Municipal Contributions (property taxes and utility contributions),
Franchise Fees, and
Municipal State Aid.
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Budget Impact
New Revenue Stream- The franchise fee proposal being recommended by staff will provide
approximately $620K in new revenues, which will eliminate the need to finance overhead costs
through debt. Franchise fees represent a sustainable revenue source that is not influenced by
tax rate fluctuations or changes in the economy.
Impact on Utility Consumers – Residential gas consumers will see an increase of $0.50 per
month, or $6.00 per year on their gas bill. Residential electric consumers will notice an increase
of $1.75 per month, or $21 per year on their electric bills. The total impact on residential
customers is $27 per year. Commercial customers will realize monthly increases in varying
amounts from 10%-50%, based on customer class. Information for the analysis below was
provided by Xcel Energy:
Gas Utility Franchise Fee Analysis
Electric Utility Franchise Fee Analysis
Total New Franchise Fee Revenue Proposed$619,251
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Recommendation
the amendment of the electric and gas franchise
It is recommended that the City Council consider
fee ordinances after a public hearing in April or May.
Attachments
1.PowerPoint
Xcel Energy Electric Franchise Fees in Minnesota
2.
3.Xcel Energy Gas Franchise Fees in Minnesota
Workshop Packet Page Number 33 of 83
D2, Attachment 1
April 9, 2018
Franchise Fee Analysis
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D2, Attachment 1
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D2, Attachment 1
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PCIPCI
Conditions
60%
79.07
Road
40%
53.67
Existing
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100907050
30
907050300
PCIPCIPCIPCIPCI
Roads
41%
of
54.16
Miles
19%
24.91
8%
11.11
PCI
18%
14%
24.35
18.20
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Aid
Contributions
State
Municipal
Municipal
Fees
Assessments
Special
Franchise
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Values
Market
improvement
of
TypeHousingProperty
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Increase
in
$0.50$6.00
Annual
revenue
increase
Rate$IncreaseAnnual
RateNew
$1.00$2.50$1.50$18.00$1.00$2.50$1.50$18.00
$75.00$100.00$25.00$300.00$50.00$75.00$25.00$300.00
9ƓĻƩŭǤ
ĭĻƌ
ĬǤ
Revenue$461,196$612,372$151,176
Demand$6.00$12.00$6.00$72.00Interruptible$100.00$110.00$10.00$120.00
Month
Transportation
NonDemand
Large
per
Annual
ClassCurrent
ƦƩƚǝźķĻķ
&
Interruptible
Transportation
Utility
GasCustomer Residential$2.50$3.00CommercialCommercialSmallMediumFirmInterruptible Estimated 9ƭƷźƒğƷĻƭ
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Increase
in
$1.75$21.00
Annual
revenue
increase
Rate$IncreaseAnnual
RateNew
$1.25$3.00$2.50$4.75$2.25$27.00$1.25$4.00$2.75$33.00$1.25$4.00$2.75$33.00
$15.00$30.00$15.00$180.00
$112.00$180.00$68.00$816.00
9ƓĻƩŭǤ
Demand$1.25$4.00$2.75$33.00
ĭĻƌ
NonDemand
ĬǤ
Month
Revenue$496,695$964,770$468,075
Demand
per
Lighting
Annual
Pumping
ClassCurrent
ƦƩƚǝźķĻķ
Demand
Non
Utility
Street
C&I
C&IC&I
ElectricCustomer ResidentialSmallSmallLargePublicMunicipalPumpingMunicipal Estimated 9ƭƷźƒğƷĻƭ
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D2, Attachment 1
Increase
$2.25$27.00
Rate$IncreaseAnnual
RateNew
$8.50$16.75$8.25$99.00
$90.00$130.00$40.00$480.00
Month
per
Utility
9ƓĻƩŭǤ
ĭĻƌ
Electric
ĬǤ
and
Demand
Gas
ClassCurrent
NonDemand
ƦƩƚǝźķĻķ
C&IC&I
Impact
Residential$3.75$6.00SmallSmall
Customer
Total 9ƭƷźƒğƷĻƭ
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BondsRevenue
Fees
Obligation
Assessments
Funds
GeneralSpecialIntergovernmentalUtilityFranchise
15%
27%
6%
34%
18%
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BondsRevenue
Fees
Obligation
Assessments
Funds
GeneralSpecialIntergovernmentalUtilityFranchise
15%
16%
34%
17%
18%
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D2, Attachment 1
15%
Revenue
16%
34%
17%
Intergovernmental
18%
Assessments
Special
Fees
15%
27%
Bonds
Franchise
6%
34%
Obligation
18%
Funds
GeneralUtility
Workshop Packet Page Number 52 of 83
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$0.00$0.00$0.00
Increase
in
$0.00$0.00
Annual
revenue
increase
Rate$IncreaseAnnual
RateNew
$1.00$1.00$0.00$1.00$1.00$.00
$75.00$90.00$15.00$180.00$50.00$65.00$15.00$180.00
9ƓĻƩŭǤ
ĭĻƌ
ĬǤ
Revenue$461,196$499,284$38,088
Demand$6.00$9.00$3.00$36.00Interruptible$100.00$100.00$0.00
Month
Transportation
NonDemand
Large
per
Annual
ClassCurrent
ƦƩƚǝźķĻķ
&
Interruptible
Transportation
Utility
GasCustomer Residential$2.50$2.50CommercialCommercialSmallMediumFirmInterruptible Estimated 9ƭƷźƒğƷĻƭ
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D2, Attachment 1
Increase
in
$1.25$15.00
Annual
revenue
increase
Rate$IncreaseAnnual
RateNew
$1.25$2.50$2.50$3.50$1.00$12.00$1.25$2.50$1.25$15.00$1.25$2.50$1.25$15.00
$15.00$20.00$5.00$60.00
$112.00$135.00$23.00$276.00
9ƓĻƩŭǤ
Demand$1.25$2.50$1.25$15.00
ĭĻƌ
NonDemand
ĬǤ
Month
Revenue$496,695$785,610$288,915
Demand
per
Lighting
Annual
Pumping
ClassCurrent
ƦƩƚǝźķĻķ
Demand
Non
Utility
Street
C&I
C&IC&I
ElectricCustomer ResidentialSmallSmallLargePublicMunicipalPumpingMunicipal Estimated 9ƭƷźƒğƷĻƭ
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D2, Attachment 1
Increase
$1.25$15.00
Rate$IncreaseAnnual
RateNew
$8.50$12.50$4.00$48.00
$90.00$110.00$20.00$240.00
Month
per
Utility
9ƓĻƩŭǤ
ĭĻƌ
Electric
ĬǤ
and
Demand
Gas
ClassCurrent
ƦƩƚǝźķĻķ
NonDemand
C&IC&I
Impact
TotalCustomer Residential$3.75$5.00SmallSmall 9ƭƷźƒğƷĻƭ
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•••••
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Workshop Packet Page Number 58 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK – MPUC NO. 2
FRANCHISE AND OTHER CITY FEESSectionNo.5
21st Revised Sheet No. 93.1
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
Franchise Fees
City Residential Small C&I Non-demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-demand Municipal Pumping Demand Effective Date Expiration Date
Afton$2.00$2.00$5.00$5.00$1.00 $1.00 $1.00 01/2005 08/16/2024
Albertville $2.50 $5.00 $10.00 $50.00 $2.00 — — 03/2011 09/07/2029
Bayport $1.50 $3.00 $25.00 $50.00 $3.00 $3.00 $25.00 01/2014 05/04/2028
Big Lake$4.00$8.00$8.00$8.00———10/2014 07/04/2034
Bloomington $3.75 $7.50$40.00 $115.00———04/2016 12/20/2035
Brooklyn
$1.60 $4.00 $22.00 $100.00 $13.00 $13.00 $13.00 01/2017 12/08/2023
Center
Brooklyn Park $7.00 $7.50$45.00 $160.00———03/2016 12/31/2028
Burnsville $1.00 $3.00$10.00 $45.00———07/2016 02/15/2036
Centerville $4.00$8.00$8.00$8.00———05/2016 01/26/2036
Champlin $3.54 $9.60 $40.40 $141.40 $17.17 $17.17 $17.17 01/2018 11/23/2028
R
Chisago City $1.30 $5.00 $15.00 $55.00 $5.00 $5.00 $15.00 06/2009 02/28/2029
Circle Pines $2.75 $3.00 $35.00 — $3.00 — —10/2009 08/24/2029
Clara City $2.00 $2.00 $15.00 $68.00 $2.00 $2.00 $15.00 01/2014 10/07/2033
Clements $1.00$1.00$1.00$1.00———07/2012 06/09/2024
1
Coon Rapids 4.0% 4.0%4.0%4.0%———01/2012 01/13/2032
Cottage Grove $1.65$1.65$8.25$33.00$3.30 $0.75 $8.25 03/2016 11/04/2023
1
Coon Rapids: The franchise fee excludes rate schedules for highway lighting, municipal street lighting, municipal water pumping,
municipal fire sirens, and municipal sewage disposal service.
(Continued on Sheet No. 5-93.1a)
Date Filed: 10-16-17 By: Christopher B. ClarkEffective Date: 01-01-18
President, Northern States Power Company, a Minnesota corporation
Docket No. E,G999/CI-09-970 Order Date: 03-23-11
Workshop Packet Page Number 59 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK – MPUC NO. 2
FRANCHISE AND OTHER CITY FEES Section No. 5
1st Revised Sheet No. 93.1a
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
Franchise Fees
City Residential Small C&I Non-demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-demand Municipal Pumping Demand Effective Date Expiration Date
Deephaven $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 04/2002 11/02/2030
Dilworth $2.60 $6.00 $21.00 $136.50 — $6.00 $21.00 01/2011 05/10/2018
Eagle Lake $0.50 $0.50 $0.50 $0.50 — — — 10/2012 05/06/2032
Eden Prairie $2.50 $3.00 $10.00 $45.00 — — — 10/2012 06/18/2032
Edina $1.95 $3.40 $9.50 $40.50 — — — 03/2016 11/03/2035
Excelsior $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 11/2012 08/02/2032
(Continued on Sheet No. 5-93.2)
Date Filed: 11-02-15 By: Christopher B. ClarkEffective Date: 10-01-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/GR-15-826 Order Date: 06-12-17
Workshop Packet Page Number 60 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK – MPUC NO. 2
FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5
17th Revised Sheet No. 93.2
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
Franchise Fees
City Residential Small C&I Non-demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-demand Municipal Pumping Demand Effective Date Expiration Date
1
Faribault $1.35 $1.60 $32.00 $280.00 — ——01/2006 11/08/2024
Forest Lake $4.00 $2.50 $18.50 $75.00 $7.50 $2.50 $18.50 05/2013 01/27/2033
Golden Valley $2.00 $2.00 $22.50 $206.00 — — — 01/2013 12/17/2027
Goodview $2.75 $3.00 $25.00 $110.00 $25.00 $2.50 $10.00 07/2006 04/30/2026
Grant $2.35 $2.00 $14.00 $75.00 $2.00 $2.00 $2.00 01/2015 12/01/2023
Hayfield $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 01/2015 04/17/2031
Henderson $3.00 $3.00 $3.00 $3.00 — — — 04/2012 08/16/2031
Hopkins $2.20 $3.85 $15.50 $105.50 — — — 01/2014 12/31/2018
Inver Grove
N
$2.75 $3.00 $25.00 $95.00 — — — 01/2018 06/30/2029
Heights
Landfall Village $2.25 $4.75 $14.00 $65.00 $15.50 — — 04/2014 12/10/2033
Lexington $4.00 $6.50 $40.00 $170.00 — — — 03/2017 10/05/2031
Lindstrom $2.50 $5.00 $24.00 $70.00 $7.00 $7.00 $7.00 04/2016 12/17/2028
Little Canada $2.75 $5.25 $40.00 $230.00 $15.50 $2.00 $3.00 07/2010 08/26/2023
Madison Lake $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 05/2013 02/03/2033
Mahtomedi $1.30 $1.38 $14.40 $110.28 $12.71 $0.63 $14.84 01/2005 10/18/2024
Mankato $1.00 $1.55 $16.50 $223.00 $1.00 $0.25 $1.00 02/2015 09/21/2034
Mantorville $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 11/2012 08/12/2032
Maplewood $1.25 $2.50 $15.00 $112.50 $1.25 $1.25 $1.25 12/2013 09/26/2024
1
Faribault: The franchise fee excludes invoices to the city for street lighting and municipal pumping.
(Continued on Sheet No. 5-93.3)
Date Filed: 10-16-17 By: Christopher B. ClarkEffective Date: 01-01-18
President, Northern States Power Company, a Minnesota corporation
Docket No. E,G999/CI-09-970 Order Date: 03-23-11
Workshop Packet Page Number 61 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK – MPUC NO. 2
FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5
16th Revised Sheet No. 93.3
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
Franchise Fees
City Residential Small C&I Non-demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-demand Municipal Pumping Demand Effective Date Expiration Date
3.5%
R
>100 kW at
primary or
higher voltage
Minneapolis 5.0% 5.5%5.5%5.5% 5.5% 5.5% 03/2018 10/16/2024
R
5.5%
<100 kW<100 kW
R
>100 kW at
secondary
voltage
Minnetonka $2.50 $4.50 $4.50 $4.50 — $4.50 $4.50 11/2007 08/09/2018
Monticello $1.95 $5.50 $31.00 $190.00 $12.00 $12.00 $31.00 06/2007 05/31/2027
Mound $2.75 $2.75 $2.75 $2.75 $2.75 $2.75 $2.75 01/2017 12/31/2020
Mounds View 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 01/2018 12/31/2018
$0.0047 $0.0043 $0.0033 $0.0017 $0.0054$0.0046$0.0033
New Brighton 03/2016 11/25/2022
per kWh per kWh per kWh per kWh per kWh per kWh per kWh
New Hope $3.00 $6.00 $26.00 $115.00 — — — 01/2017 06/26/2031
New Richland $1.00 $1.00 $1.00 $1.00 — — — 02/2013 07/11/2024
Newport $1.00 $1.50 $14.00 $70.00 $5.00 $1.00 $10.00 01/2011 10/18/2026
(Continued on Sheet No. 5-93.4)
Date Filed: 12-21-17 By: Christopher B. ClarkEffective Date: 03-01-18
President, Northern States Power Company, a Minnesota corporation
Docket No. E,G999/CI-09-970 Order Date: 03-23-11
Workshop Packet Page Number 62 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK – MPUC NO. 2
FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5
19th Revised Sheet No. 93.4
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
Franchise Fees
City Residential Small C&I Non-demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-demand Municipal Pumping Demand Effective Date Expiration Date
North Mankato $1.00 $1.55 $16.50 $223.00 $17.62 $1.46 $12.30 04/2015 10/05/2034
Oakdale $1.50 $3.00 $10.00 $8.00 $6.00 $2.00 $8.00 11/2013 10/27/2023
Osseo $1.28 $2.07 $17.57 $102.65 $6.20 $0.45 $2.55 03/2012 10/26/2023
$0.0016 per kWh Customer peak demand less than 100 kW in calendar year
Owatonna 01/2003 04/01/2022
$0.0014 per kWh Customer peak demand greater than 100 kW in calendar year
Plymouth $2.06 $3.09 $10.30 $41.20 — — — 06/2017 07/09/2027
Prior Lake $1.50 $5.00 $10.00 $50.00 — — — 07/2006 03/19/2026
Richmond $1.00 $1.00 $1.00 $1.00 — — — 05/2013 05/03/2031
Richfield $4.10 $12.50 $30.00 $185.00 — — — 04/2014 03/12/2027
Robbinsdale 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 06/2017 07/01/2019
Rogers $5.00 $7.00 $45.00 $210.00 $17.00 $12.00 $65.00 01/2016 11/22/2024
Sartell $4.00 $6.75 $15.00 $109.00 — — — 01/2017 09/11/2036
4.0% Customers who purchase $50,000 or less in calendar year
Sauk Rapids 02/2016 06/15/2023
1.5% That part which exceeds $50,000 in calendar year
1
Shakopee 3.0% 3.0% 3.0% 3.0% — — — 01/2017 08/06/2021
Shoreview $2.50 $3.00 $30.00 $310.00 — — — 10/2013 07/17/2031
1
Shakopee: The fee collected shall total three percent (3%) of the Company's gross revenues from its operations within the City collected
from each customer of each class. For customers in the Large C&I class, the three percent franchise fee is applicable to the first $950,000
of calendar year gross revenues. The franchise fee is reduced to one-half percent (0.5%) for the remaining amount of annual gross
revenues exceeding $950,000.
(Continued on Sheet No. 5-93.5)
Date Filed: 11-02-15 By: Christopher B. ClarkEffective Date: 10-01-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/GR-15-826 Order Date: 06-12-17
Workshop Packet Page Number 63 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK – MPUC NO. 2
FRANCHISE AND OTHER CITY FEES (Continued)SectionNo.5
15th Revised Sheet No. 93.5
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
Franchise Fees
City Residential Small C&I Non-demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-demand Municipal Pumping Demand Effective Date Expiration Date
1
South St. Paul 4.0% 4.0%4.0%4.0%———07/2015 04/05/2030
Spicer$1.00 $1.00$8.00$8.00———02/2013 10/01/2032
Spring Lake
$0.80 $1.20$8.50$50.00———04/2015 01/04/2035
Park
2
St. Cloud4.0% 4.0%4.0%4.0%———12/2017 12/31/2024
R
2%
purchase
<$100,000 in
calendar year
St. Joseph $1.00 $1.75 $10.00 $8.00 $1.00 $10.00 02/2004 11/19/2023
1.5%
that part
>$100,000 in
calendar year
St. Louis Park $4.00 $8.50 $45.00 $145.00 — $8.50 $45.00 02/2017 09/18/2036
St. Michael $3.50 $2.50 $2.50 $10.00 $10.00 $2.50 $10.00 05/2011 11/24/2023
3
St. Paul See fee schedule in the Notes section on the following sheets. 11/2006 08/31/2026
St. Paul Park $1.50 $2.00 $25.00 $335.00 $10.00 $1.00 $5.00 08/2005 05/15/2025
Stillwater $2.00 $2.50 $18.00 $125.00 $4.00 $2.00 $18.00 06/2015 02/16/2035
1
South St. Paul: The franchise fee excludes rate schedules for highway lighting, municipal street lighting, municipal water pumping,
municipal traffic signals, municipal fire sirens, and municipal sewage disposal service.
2
St. Cloud: The franchise fee for residential heating customers will be 1.5% during the months of November – April.
3
St. Paul: The monthly franchise fee will be as stated on the following sheets. The residential service franchise fee will be as stated
except during the months of November - April when there will be no fee. The fee shall not exceed $620,000 during any calendar year from
any large commercial and industrial customer qualifying for service on the Competitive Market Rider. The schedule on the following sheets
show the meter, energy, and demand factor for each year of the St. Paul franchise and for each of the customer classifications.
(Continued on Sheet No. 5-93.6)
Date Filed: 08-29-17 By: Christopher B. ClarkEffective Date: 12-01-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E,G999/CI-09-970 Order Date: 03-23-11
Workshop Packet Page Number 64 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK – MPUC NO. 2
FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5
8th Revised Sheet No. 93.12
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local governmental unit.
— Indicates fee is not applied
Franchise Fees
City Residential Small C&I Non-demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-demand Municipal Pumping Demand Effective Date Expiration Date
Victoria $3.00 $10.00 $10.00 $10.00 — — — 02/2017 10/09/2036
Watertown $3.00 $4.50 $16.00 $51.00 — $13.50 $21.00 04/2010 04/10/2027
$2.06 $4.64 $4.64 $15.45 $1.03 $1.03 $1.03 03/2011 11/30/2026
Wayzata
White Bear Lake 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 05/1998 05/01/2018
4.0% Customers who purchase $100,000 or less in calendar year
Winona06/2003 06/15/2023
1.5% That part which exceeds $100,000 in calendar year
Winsted $2.00 $2.00 $2.00 $2.00 — — — 05/2012 12/19/2031
(Continued on Sheet No. 5-93.13)
Date Filed: 11-02-15 By: Christopher B. ClarkEffective Date: 10-01-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/GR-15-826 Order Date: 06-12-17
Workshop Packet Page Number 65 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK – MPUC NO. 2
FRANCHISE AND OTHER CITY FEES Section No. 5
3rd Revised Sheet No. 93.13
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.*
(U) Indicates unincorporated community
Other City Fees
City Description Effective Date Expiration Date
Pursuant to city code, the Company collects a 5.26% of gross earnings tax derived from the
sale of electricity within the City of West St. Paul excluding electric energy supplied to the City
West St. Paul 12/1996 --
for municipal services. The amount collected is remitted to the City of West St. Paul.
FEES NOT REMITTED DIRECTLY TO CITY
The Company collects a fee of $3.25 per residential and small commercial and industrial
customer in the community of Baker for energy usage and maintenance on community street
Baker (U) 03/1994 --
lighting. The amount collected is applied to Baker’s street lighting bill.
*Except Baker. See above.
Date Filed: 11-02-15 By: Christopher B. ClarkEffective Date: 10-01-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/GR-15-826 Order Date: 06-12-17
Workshop Packet Page Number 66 of 83
Northern States Power Company, a Minnesota corporation
D2, Attachment 1
Minneapolis, Minnesota 55401
MINNESOTA GAS RATE BOOK - MPUC NO. 2
FRANCHISE AND OTHER CITY FEES Section No. 5
15th Revised Sheet No. 44.1
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate classes
and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
*May include Negotiated Transportation Service. Any future NTS customer in a franchise city without a specific NTS franchise rate will be
billed the Firm Transportation franchise fee.
Franchise Fees
City Residential Commercial Firm – Non-demand Commercial Firm – Demand SmallInterruptible Medium & LargeInterruptible FirmTransportation* Interruptible Transportation Effective Date
Expiration Date
Afton $2.00 $4.00 $5.00 $5.00 $5.00 $5.00 $5.00 01/2005 08/16/2024
Barnesville 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 02/2015 10/13/2034
Baxter $2.00 $7.00 $65.00 $65.00 $65.00 $65.00 $65.00 09/2016 06/20/2019
Bayport $1.25 $10.00 $25.00 $10.00 $50.00 $10.00 $10.00 01/2014 05/04/2028
Big Lake $4.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 10/2014 07/23/2020
Centerville $4.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 05/2016 01/26/2036
Chisago City $1.00 $3.00 $35.00 $30.00 $30.00 $30.00 $30.00 06/2009 12/31/2029
Cottage Grove $1.65 $4.95 $8.25 $16.50 $24.75 $24.75 $24.75 01/2010 11/04/2023
$0.0391 $0.0391$0.0391$0.0391$0.0391$0.0391$0.0391
Delano 01/2003 --
per therm per therm per therm per therm per therm per therm per therm
East Grand Forks 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 12/2005 12/19/2025
1
Faribault $1.62 $3.78 $32.40 $91.80 $270.00 — — 01/2006 11/08/2024
Forest Lake $3.00 $7.50 $15.00 $75.00 $15.00 $15.00 $15.00 05/2013 01/27/2033
Goodview $2.35 $3.50 $55.00 $30.00 — — — 07/2006 04/30/2026
Inver Grove
$2.00 $10.50 $50.00 $90.00 $100.00 $15.00 $15.00 01/2018 06/30/2029
N
Heights
Kandiyohi $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 04/2014 12/01/2033
$0.005$0.005$0.005$0.005$0.005
Lake City 2.0% 2.0% 05/2017 04/30/2019
per therm per therm per therm per therm per therm
Lindstrom$2.00 $8.00 —$65.00 ———04/2016 02/18/2029
Maplewood $2.50 $6.00 $75.00 $50.00 $100.00 — — 10/2015 12/31/2035
Moorhead 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 06/2015 02/08/2035
1
Faribault: The franchise fee excludes the city, invoices to the city, or meters on city facilities or property.
(Continued on Sheet No. 5-44.2)
Date Filed: 10-16-17 By: Christopher B. Clark Effective Date: 01-01-18
President, Northern States Power Company, a Minnesota corporation
Docket No. E,G999/CI-09-970 Order Date: 03-23-11
Workshop Packet Page Number 67 of 83
D2, Attachment 1
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA GAS RATE BOOK - MPUC NO. 2
FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5
13th Revised Sheet No. 44.2
Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
*May include Negotiated Transportation Service. Any future NTS customer in a franchise city without a specific NTS franchise rate
will be billed the Firm Transportation franchise fee.
Franchise Fees
City Residential Commercial Firm – Non-demand Commercial Firm – Demand SmallInterruptible Medium & LargeInterruptible FirmTransportation* Interruptible Transportation Effective Date
Expiration Date
4% 4%
Mounds View 4%4%4%4%4%01/2018 12/31/2018 C
$0.030 $0.022 $0.004 $0.010 $0.006 $0.005 $0.005
New Brighton 03/2016 11/25/2022
per therm per therm per therm per therm per therm per therm per therm
Newport $1.00 $5.00 $10.00 $15.00 $15.00 $15.00 $15.00 01/2011 10/18/2026
$0.005$0.005$0.005$0.005$0.005
North St. Paul 2.75% 2.75% 12/1998 09/07/2018
per therm per therm per therm per therm per therm
Oakdale $1.50 $5.00 $8.00 $17.00 $17.00 $17.00 $17.00 11/2013 10/27/2023
Sauk Rapids $3.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 02/2016 06/15/2023
Shakopee 3.0% 3.0% 3.0% 3.0% 3.0% ––02/2017 10/31/2036
Shoreview $1.30 $8.00 $112.00 $100.00 $100.00 $100.00 $100.00 10/2013 07/17/2031
South St. Paul 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 07/2000 06/30/2015
Spicer$0.50 $1.50 –––––02/2013 10/01/2032
St. Augusta $3.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 06/2010 03/01/2030
(Continued on Sheet No. 5-44.3)
Date Filed: 10-16-17 By: Christopher B. Clark Effective Date: 01-01-18
President, Northern States Power Company, a Minnesota corporation
Docket No. E,G999/CI-09-970 Order Date: 03-23-11
Workshop Packet Page Number 68 of 83
D2, Attachment 1
Northern States Power Company,a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA GAS RATE BOOK -MPUC NO. 2
FRANCHISE AND OTHER CITY FEES (Continued)Section No.5
3rd RevisedSheet No.44.3
Franchise and other city fees,as designated below will be included in the customers’ monthly bills computed under the indicated rate
classes and effective in the following Minnesota communities:
The Company remits 100% of these fees collected from ratepayers to the local government unit.
— Indicates fee is not applied
*May include Negotiated Transportation Service. Any future NTS customer in a franchise city without a specific NTS franchise rate
will be billed the Firm Transportation franchise fee.
Franchise Fees
CityResidential Commercial Firm – Non-demandCommercial Firm – DemandSmall InterruptibleMedium & Large InterruptibleFirm Transportation* Interruptible TransportationEffective DateExpiration
Date
3.0%
1
St. Cloud3.0%3.0%3.0%3.0%—3.0%09/200708/31/2027
small
$0.005$0.005$0.005$0.005
St. Joseph$1.00$1.75$10.0002/200411/19/2023
per thermper thermper thermper therm
2
St. PaulSee fee schedule in the Notes sectionon the following sheets. 11/200708/31/2026
St. Paul Park$1.50$4.00$30.00$15.00$335.00$150.00$15.0008/200505/15/2025
C
Stillwater$1.00$5.00$5.00$5.00$5.00$5.00$5.0006/201502/16/2035
1
St. Cloud: The franchise fee for residential heating customers will be 1.5% during the months of November – April.
2
St. Paul: The monthly franchise fee will be as stated below. The residential service franchise fee will be as stated exceptduring the
winter months, November - April when there will be no fee. The fee shall not exceed $50,000 during any calendar year from any
negotiated transportation service customer. The schedules below show the meter and demand factor for each year of the St. Paul
franchise and for each of the customer classifications.
(Continued on Sheet No. 5-44.4)
Date Filed:03-16-15By: Christopher B. ClarkEffective Date: 06-01-15
President, Northern States Power Company, a Minnesota corporation
Docket No. E,G999/CI-09-970Order Date:03-23-11
S:\\General-Offices-GO-01\\PSF\\RA\\Rates\\Current\\Mn_gas\\Mg_5_44-03_r03.doc
Workshop Packet Page Number 69 of 83
E1
MEMORANDUM
TO:Melinda Coleman, City Manager
FROM:Chief Scott Nadeau, Director of Public Safety
Steven Love, Director of Public Works/City Engineer
DATE:April 19, 2018
SUBJECT:Overnight Parking Ordinance Discussion
Introduction/Background
Chief Scott Nadeau will be providing a presentation on overnight parkingordinances both in
and around Maplewood, ordinance modification options, and staff recommendations.
Background
The City routinely receives calls with question and/or complaints about overnight parking in
Maplewood. These calls are split between people looking to have the ordinance enforced or
wanting the ordinance to change.Maplewood’s current ordinance on overnight parking is as
follows:
Sec. 36-39. - Parking prohibited in certain locations
(d)Parking of any vehicle upon any street or road in the city between the hours of 2:00
a.m. and 6:00 a.m. is hereby prohibited. Any owner, tenant, occupant or resident of
property abutting a city street in an emergency or a temporary hardship may apply to
the chief of police for a temporary exception permitting on-street vehicular parking
between the hours of 2:00 a.m. and 6:00 a.m., which permitted exception shall not
extend beyond 14 calendar days.
Budget Impact
None.
Recommendation
Staff is looking to gather feedback from the City Council onMaplewood’s current overnight
parking ordinances and possible modification options.
Attachments
1.Overnight Parking Ordinance Discussion Presentation
Workshop Packet Page Number 70 of 83
E1, Attachment 1
www.maplewoodmn.gov
Maplewood Police Department
Workshop Packet Page Number 71 of 83
E1, Attachment 1
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