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Home My WebLink About2018-06-11 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,June 11, 2018 Maplewood City Hall–Council Chambers Meeting No.11-18 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C.ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It isour desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Sign in with the City Clerk before addressing the council. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posedto the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.May 29, 2018,City Council WorkshopMinutes 2.May 29,2018,City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update 2.Council Presentations 3.Presentation of Lifesaving Awards –Police Department G.CONSENT AGENDA –Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requestsadditional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objectsto an item it should be removed and acted upon as a separate item. 1.Approval of Claims 2.Purchase of Construction Services for Maplewood Police Department Bathroom Remodel Work, City Project 18-17 3.Purchase Additional Trash Carts for the Maplewood Trash Plan H.PUBLIC HEARINGS 1.Farrell-Ferndale Area Improvements, City Project 17-18 a.Assessment Hearing, 7:00 p.m. b.Resolution Adopting Assessment Roll c.Resolution Receiving Bids and Awarding Construction Contract I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Joint Powers Agreement with the Valley Branch Watershed District forthe Joy Park Spent Lime Treatment System, City Project 16-37 2.Family Auto Sales, 1065 Highway 36 East a.Conditional Use Permit Resolution b.Variance Resolution 3.Urban Agriculture Ordinance Amendments a.Animal Agriculture Ordinances i.Keeping of Bees ii.Keeping of Poultry iii.Temporary Keeping of Goats and Sheep iv.Aquaponics and Aquaculture in M1 and M2 Zone b.Crop Agriculture Ordinances i.Community and Market Gardens ii.Front Yard Gardening and Permaculture iii.Urban Farms c.Direct to Consumer SalesOrdinance K.AWARD OF BIDS None L.ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. 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 councilmembers 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 councilmembers, staff or others in public. Be respectful of eachother’s time keeping remarks brief, to the point and non-repetitive. MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:15P.M. Tuesday, May 29, 2018 Maplewood City Hall – Council Chambers A.CALL TO ORDER A meeting of the City Council was held atMaplewood City Hall –Council Chambersand was called to order at 6:15 p.m.by Acting MayorSmith. B.ROLL CALL Nora Slawik, MayorAbsent Bryan Smith, Acting MayorPresent Marylee Abrams, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Tou Xiong,CouncilmemberAbsent C.APPROVAL OF AGENDA Councilmember Abrams movedto approve the agenda as submitted. Seconded by CouncilmemberJuenemannAyes – Acting Mayor Smith, Council Members Abramsand Juenemann The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Information Technology Department Presentation City Manager Coleman introduced the staff report. IT Director Fowlds gave the staff report and answered questions of the council. F.ADJOURNMENT Acting Mayor Smithadjourned the meeting at 6:47p.m. May 29, 2018 1 City Council Workshop Minutes Packet Page Number 1 of 160 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, May 29, 2018 Maplewood City Hall – Council Chambers Meeting No.10-18 A.CALL TO ORDER A meeting of the City Council was held atthe Maplewood City Hall – Council Chambers and was called to order at7:06 p.m. by Acting Mayor Smith. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Nora Slawik, MayorAbsent Bryan Smith, Acting MayorPresent Marylee Abrams, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Tou Xiong, CouncilmemberPresent – Arrived at 7:56 p.m. D.APPROVAL OF AGENDA The following items wereadded to the agenda under Appointments and Presentations, Council Presentations: Highlight agenda item G5 and pull agenda item G6. McKnight Road Grateful Resident Email STA2RS Banquet CouncilmemberJuenemann moved to approve the agenda as amended. Seconded by CouncilmemberAbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. E.APPROVAL OF MINUTES 1.Approval of the May 14, 2018 City Council Workshop Minutes CouncilmemberAbrams moved to approve the May 14, 2018 City Council Workshop Minutesas submitted. Seconded by Councilmember JuenemannAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. May 29, 20181 City Council Meeting Minutes Packet Page Number 2 of 160 E2 2.Approval of the May 14, 2018 City Council Meeting Minutes Councilmember Juenemann moved to approve the May 14, 2018 City Council Meeting Minutesas submitted. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City Manager Coleman gave the update to the council calendar and on projects that have been requested by the council. 2.Council Presentations McKnight Road Councilmember Juenemann reported on upcoming road repairs to McKnight Road th between Larpenteur and 7Street during the summer of 2018. Grateful Resident Email Councilmember Juenemann reportedon a gratefulemail she received from a resident. STA2RS Banquet Councilmember Abramsreported on the STA2RS Banquet she attended last week. G.CONSENT AGENDA Highlight agenda item G5 and pull agenda item G6. Councilmember Juenemann moved to approve agenda items G1-G5. Seconded by CouncilmemberAbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. 1.Approval of Claims Councilmember Juenemann moved to approve the approval of claims. May 29, 20182 City Council Meeting Minutes Packet Page Number 3 of 160 E2 ACCOUNTS PAYABLE: $ 49,425.15 Checks # 101595 thru #101629 dated 05/15/18 $ 677,670.44 Disbursements via debits to checking account dated 05/07/18 thru 05/11/18 $ 494,109.52 Checks #101630 thru #101668 dated 5/22/18 $ 470,260.32 Disbursements via debits to checking account dated 05/14/18 thru 05/18/18 $ 1,691,465.43 Total Accounts Payable PAYROLL $ 544,395.43 Payroll Checks and Direct Deposits dated 05/18/18 $ 2,819.48 Payroll Deduction check # 99103253 thru # 99103257dated 05/18/18 $ 547,214.91 Total Payroll $ 2,238,680.34 GRAND TOTAL Seconded by CouncilmemberAbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. 2.Conditional Use Permit Revision, Beaver Lake Church, 2280 Stillwater Avenue East CouncilmemberJuenemann moved to approvethe conditional use permit revision resolution allowing a day care or preschool to operate within the building located at 2280 Stillwater Avenue East. Resolution 18-05-1566 Conditional Use Permit WHEREAS, Beaver Lake Church, on behalf of Cori Huisenga the owner of Cori’s Kidz Childcare has applied for a conditional use permit revision to operate a day care facility at 2280 Stillwater Avenue East. WHEREAS, conditional use permits are required for day care facilities and can be located within any zoning district within the city. WHEREAS, this permit applies to the site at 2280 Stillwater Avenue East. The legal description is: May 29, 20183 City Council Meeting Minutes Packet Page Number 4 of 160 E2 Tract A, Registered Land Survey No. 21 Tract A, Registered Land Survey No. 137 Torrens Property, Cert. No. 264833, Ramsey County, Minnesota WHEREAS, the history of this conditional use permit is as follows: 1.On May 15, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approvethe conditional use permitrevision. 2.On May 29, 2018, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approvedthe above-described conditional use permit because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code ofOrdinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. May 29, 20184 City Council Meeting Minutes Packet Page Number 5 of 160 E2 Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1.This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. 2.The owner/operator acquiring all necessary approvals and licenses from the state of Minnesota to operate the day care facility or preschool facility. 3.The day care center or preschool facility be maintained and operated in such a manner as to not create any nuisances for nearby properties. 4.A building permit shall be submitted for review and approval by the Building Official, prior to any construction activities on the subject property. 5.Any change of use to the building shall be submitted to the City Planner and Building Official for approval. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. 3.Resolution to Adopt State Performance Measures CouncilmemberJuenemann moved to approve the resolution to adopt the State Performance Measures for 2018. Resolution 18-05-1567 Resolution Adopting State Performance Measures WHEREAS,Benefits to the City of Maplewood for participation in the Minnesota Council on Local Results and Innovation’s comprehensive performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and WHEREAS,Any city or county participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS,The City Council of Maplewood has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a systemto use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes; and NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of Maplewood will continue to report the results of the performance measuresto its citizenry by the end of the year through publication, direct mailing, posting on the city’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. May 29, 20185 City Council Meeting Minutes Packet Page Number 6 of 160 E2 BE IT FURTHER RESOLVED, The City Council of Maplewood will submit to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. 4.Amended Joint Powers Agreement for Ramsey County Violent Crime Enforcement Team (RCVCET) Councilmember Juenemann moved to approve the amended Joint Powers Agreement for the Ramsey County Violent Crime Enforcement Team. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. 5.Resolution Accepting Assessment Roll and Ordering Assessment Hearing for June 11, 2018, Farrell-Ferndale Area Street Improvements, City Project 17- 18 CouncilmemberAbrams moved to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing, for the Farrell-Ferndale Area Street Improvements, City Project 17-18. Resolution 18-05-1568 Accepting Assessment Roll and Ordering Assessment Hearing WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Farrell-Ferndale Area Street Improvements, City Project 17-18, and the said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: th 1.A hearing shall be held on the 11day of June 2018, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at leasttwo weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. May 29, 20186 City Council Meeting Minutes Packet Page Number 7 of 160 E2 The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. The following item was reinstated after agenda item I1 was heard. 6.Resolution Accepting Tree Planting Donation CouncilmemberJuenemann moved to approve the resolution accepting the tree planting donation in the amount of $140.00 to the City of Maplewood. Resolution 18-05-1569 Acceptance of Donation WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $140.00 for planting trees at parks; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood to accept this donation. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams, Juenemannand Xiong The motion passed. H.PUBLIC HEARINGS None I.UNFINISHED BUSINESS 1.Resolution Adopting Revised Assessment Roll, Londin-Highpoint Area Street Improvements. City Project 17-19 Public Works Director Love gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Resolution Adopting Revised Assessment Roll for the Londin-Highpoint Area Street Improvements, City Project 17-19. Resolution18-05-1570 Adopting Revised Assessment Roll May 29, 20187 City Council Meeting Minutes Packet Page Number 8 of 160 E2 WHEREAS, pursuant to a resolution passed by the City Council on May 14, 2018, the assessment roll for the Londin-Highpoint Area Street Improvements, City Project 17-19 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following two (2) property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1.Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 0.5 units at the Townhome assessment rate for a total amount of $673.17. Mr. Mathison is requesting a senior citizen deferral. 2.Parcel 122822210087 – Jacqueline J Adams, 2445 Londin Lane East, Unit 411. It is currently proposed to be assessed 1 unit at the Condominiums assessment rate for a total amount of $473.30. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A.That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Londin-Highpoint Area Street Improvements, City Project17-19: 1.Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 0.5 units at the Townhome assessment rate for a total amount of $673.17. Mr. Mathison is requesting a senior citizen deferral. Staff recommendation is to granta senior citizen deferral upon approval of necessary paperwork and financial information. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 5 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 2.Parcel 122822210087 – Jacqueline J Adams, 2445 Londin Lane East, Unit 411. It is currently proposed to be assessed 1 unit at the Condominiums assessment rate for a total amount of $473.30. City staff contacted Jacqueline Adams to verify if her document was an objection to the assessment on March 16, 2018. Jacqueline Adams confirmed that it was notan objection to the assessment. Staff recommendationis to proceed with the proposed assessment as detailed in the assessment roll. B.The assessment roll for the Londin-Highpoint Area Street Improvements, City Project 17-19, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each track of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. May 29, 20188 City Council Meeting Minutes Packet Page Number 9 of 160 E2 C. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential, commercial, townhomes, and multi-family properties, the first installments to be payable on or before the first Monday in January 2019 and shall bear interest at the rate of 5.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D.The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, but no later than November 15, 2018,pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2018, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 16 or interest will be charged through December 31 of the next succeeding year. E.The City Engineer and City Clerk shall forthwith after November 15, 2018, but no later than November 16, 2018, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams and Juenemann The motion passed. Acting Mayor Smith recessed the meeting at 7:35 p.m. Acting Mayor Smith called the meeting back to order at 7:56 p.m. Councilmember Juenemann moved to reinstate agenda item G6. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams, Juenemann and Xiong The motion passed. J.NEW BUSINESS 1.Mercedes Benz – Morrie’s Automotive Group, 2780 Maplewood Drive a.Comprehensive Plan Amendment Resolution (Requires Two-Thirds Majority Vote Of City Council) b.Zoning Map Amendment Resolution (Requires Two-Thirds Majority Vote Of City Council) May 29, 20189 City Council Meeting Minutes Packet Page Number 10 of 160 E2 c.Lot Division d.Conditional Use Permit Revision Resolution e.Setback Variance Resolution f.Design Review Economic Development Coordinator Martin gave the staff presentation. Commissioner Ige gave the Planning Commission report. Commissioner Ledvina gave the Community Design Review Board report. Lynn Robson with Morrie’s Automotive Group addressed the council to answer questions. Councilmember Abrams moved to approve thecomprehensive plan amendment resolution which approves a land use plan amendment from LDR (low density residential) to C (commercial) for approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive. Resolution18-05-1571 Comprehensive Plan Amendment WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, has requested a change to the City of Maplewood’s land use plan from LDR (low density residential) to C (commercial) for consistency between all of the parcels the applicant owns which comprise the auto dealership property. WHEREAS, this change applies to the property located at 2780 Maplewood Drive. The legal description of the property is: That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota. Also together with that part of vacated English Street. Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 29, Range 22 More particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearingalong the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36 minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to the southwest corner of said Lot 99, being common with a point on the north line of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06 seconds East along said north line, a distance of 31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South 22degrees 21 minutes 57 seconds West along said east line, a distance of 258.84 feet to a found capped iron pipe license number 43933; thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring 310.34 feet south of the northwest corner of said Lot 18 as measured May 29, 201810 City Council Meeting Minutes Packet Page Number 11 of 160 E2 along the west line of said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number 8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East along said west line, a distance of 18.84 feet to a found capped iron pipe license number 8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes 58 seconds East along said south line and the easterly extension thereof, a distance of 136.03 feet to a found capped iron pipe license number 12682 on said east line of the Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00 minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74 and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter and the point of beginning. WHEREAS, the history of this change is as follows: 1.On May 15, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approvethe land use plan change. 2.On May 29, 2018, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city councilapprovedthe above described change for the following reasons: 1.A goal of the Maplewood 2030 Comprehensive Plan is to promote efficient, planned commercial and industrial expansion within the city. May 29, 201811 City Council Meeting Minutes Packet Page Number 12 of 160 E2 2.A goal of the Maplewood 2030 Comprehensive Plan is to encourage attractive commercial and industrial development while limiting its impacts on surrounding uses by providing adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential development. This land use plan amendment is subject to approval by the Metropolitan Council. Seconded by Councilmember JuenemannAyes – Acting Mayor Smith, Council Members Abrams, Juenemann and Xiong The motion passed. Councilmember Abrams moved to approve the zoning map amendment resolution which approves the change from R1 (single dwelling) to M1 (light manufacturing) for approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive. Resolution 18-05-1572 Zoning Map Amendment WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, has requested a change to the City of Maplewood’s zoning map from R1 (single dwelling) to M1 (light manufacturing) for consistency between the zoning map and actual use of the land. WHEREAS, this change applies to the property located at 2780 Maplewood Drive. The legal description of the property is: That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota. Also together with that part of vacated English Street. Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 29, Range 22 More particularly described as follows: Commencing at the southeast corner ofsaid Southeast Quarter of the Southeast Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36 minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to the southwest corner of said Lot 99, being common with a point on the north line of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06 seconds East along said north line, a distance of 31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said east line, a distance of May 29, 201812 City Council Meeting Minutes Packet Page Number 13 of 160 E2 258.84 feet to a found capped iron pipe license number43933; thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring 310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number 8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East along said west line, a distance of 18.84 feet to a found capped iron pipe license number 8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes 58 seconds East along said south line and the easterly extension thereof, a distance of 136.03 feet to a found capped iron pipe license number 12682 on said east line of the Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the westerly extension of the south line of the north 335 feet of said Lots73 and 74; thence North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00 minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74 and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of the north line ofsaid Lot 97; thence South 89 degrees 36 minutes 06 seconds West along said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter and the point of beginning. WHEREAS, the history of this change is as follows: 1.On May 15, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the zoning map change. 2.On May 29, 2018, the city council discussed the zoning map change. They considered reports and recommendations from the planning commissionand city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above May 29, 201813 City Council Meeting Minutes Packet Page Number 14 of 160 E2 described change for the following reasons: 1.This proposed rezoning would enable the continued use of the existing, non- residential, activity on site. 2.This change would comply with the comprehensive land use plan commercial classification. 3.The proposed rezoning would meet the following six criteria for a zoning map revision as required by city ordinance: a.Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b.Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d.Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. e.Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. f.Impose such conditions, in addition to those required, as are necessary to ensure that the intent of this chapter is complied with, which conditions may include but not be limited to harmonious design of buildings; planting and the maintenance of a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; and adequate standards of parking and sanitation. Seconded by Councilmember XiongAyes – Acting Mayor Smith, Council Members Abrams, Juenemann and Xiong The motion passed. Councilmember Abrams moved to approve the lot division request to subdivide and adjust lot lines for the applicant’s 2.9 acre parcel located within the property at 2780 Maplewood Drive and the neighboring 1.59 acreparcel located at 1263 Kohlman Avenue East. This lot division approval is subject to the following conditions: 1.A survey must be submitted to planning staff for final approval. May 29, 201814 City Council Meeting Minutes Packet Page Number 15 of 160 E2 2.The lot division and any and all easement agreements must be recorded with Ramsey County within one year of approval date otherwise the approval is null and void. Seconded by Councilmember JuenemannAyes – Acting Mayor Smith, Council Members Abrams, Juenemann and Xiong The motion passed. Councilmember Juenemann moved to approve the conditional use permit revision resolution which outlines the conditions required for the entire new auto dealership building, as all buildings erected in the Light Manufacturing zoning district within 350 feet of a residential district require a conditional use permit. Resolution18-05-1573 Conditional Use Permit WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, has applied for a conditional use permit revision for its auto dealership which includes auto repair and a car wash within the M1 (light manufacturing) district. WHEREAS, Sections 44-637 of the city ordinances requires a conditional use permit for any building erected, altered or conducted within 350 feet of a residential district. WHEREAS, this permit applies to the property located at 2780 Maplewood Drive. The legal description of the property is: That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota. Also together with that part of vacated English Street. Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 29, Range 22 More particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36 minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to the southwest corner of said Lot 99, being common with a point on the north line of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06 seconds East along said north line, a distance of 31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said east line, a distance of May 29, 201815 City Council Meeting Minutes Packet Page Number 16 of 160 E2 258.84 feet to a found capped iron pipe license number 43933; thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring 310.34feet south of the northwest corner of said Lot 18 as measured along the west line of said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet to a found capped iron pipe license number 8612 said point measuring 310.17 feetsouth of the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds Eastalong said south line of the north 300.00 feet of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number 8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East along said west line, a distance of 18.84 feet to a found capped iron pipe license number 8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes 58 seconds East along said south line and the easterly extension thereof, a distance of 136.03 feet to a found capped iron pipe license number 12682 on said east line of the Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00 minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74 and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00 seconds West along said west line, a distanceof 225.00 feet to the easterly extension of the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter and the point of beginning. WHEREAS, the history of this permit is as follows: 1.On May 15, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commissiongave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approvethe permit. 2.On May 29, 2018, the city council discussed the permit. They considered reports and recommendations from the planning commission and city staff. May 29, 201816 City Council Meeting Minutes Packet Page Number 17 of 160 E2 NOW, THEREFORE, BE IT RESOLVED that the city council approvedthe above-described conditional use permit because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1.All construction shall follow the site plan approvedby the city. The director of community development may approve minor changes. 2.The proposed construction must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The property owner shall submit an annual report to engineering staff on the sump catch basin effectiveness and stormwater maintenance activities. 5.The property owner shall not park on the grass or landscaped areas. The dealership shall only park vehicles on designated paved surfaces. May 29, 201817 City Council Meeting Minutes Packet Page Number 18 of 160 E2 6.All activity shall be confined to the site. There shall be no loading or unloading of vehicles on the street rights-of-way. All employees must park within the site. No employee parking is allowed on any nearby public streets. 7.The dealership shall ensure that noise from business operations, including any external speakers, shall not exceed the state noise standards and all activities on the site must meet all city noise regulations. 8.The dealership shall not test drive any vehicles associated with its operation on local neighborhood roads within the City of Maplewood. 9.The dealership shall not store damaged vehicles on the site except in the building. 10.The dealership shall store all garbage, trash, waste materials, tires, vehicles parts and obsolete parts in the building or in a fully enclosed trash container or enclosure. 11.The dealership shall not store any tires, vehicle parts, garbage, trash, waste materials or other debris outside. All such storage must be inside the building or in approved enclosure. 12.The dealership shall ensure that all vehicle repair, assembly, disassembly and maintenance is done within the enclosed building. 13.Comply with all city ordinance requirements for signageand parking. 14.The applicants shall obtain any required permits from the Ramsey Washington Metro Watershed District, Ramsey County and the State of Minnesota and meet the requirements of those agencies. 15.The applicant must sign a wetland buffer restorationmaintenance agreement with the City which will require the applicant to ensure the native plants are established within the buffer within a three-year period. 16.The applicant shall provide all development agreements, maintenance agreements and escrows required by the city. These agreements shall be executed and escrows paid before the issuance of building permits. 17.The applicant shall dim all site lighting at 8 p.m. daily. Light poles within 75 feet of a residential property line shall be limited to 15 feetin height. Seconded by Councilmember AbramsAyes – Acting Mayor Smith, Council Members Abrams, Juenemann and Xiong The motion passed. Councilmember Abrams moved to approve the setback variance resolution for Morrie’s proposed Mercedes Benz dealership which allows a 308 foot variance from the city’s setback requirements. May 29, 201818 City Council Meeting Minutes Packet Page Number 19 of 160 E2 Resolution18-05-1574 Setback Variance WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, applied for a 308-foot setback variance to build an auto dealership building and associated parking lot near residential properties the city has planned for residential use. The proposed building would be setback 115 feet and the parking lot would be setback 42 feet. WHEREAS, Section 44-511(4)(b) requires the sale or leasing of new and used motor vehicles when all such activities are on the same property be setback350 feet of any property that the city is planning for residential use. WHEREAS, the applicant is proposing to have its new building setback 115 feet and the parking lot 42 feet from property that the city is planning for residential use. WHEREAS, this variance applies to the property located at 2780 Maplewood Drive. The legal description of the property is: That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota. Also together with that part of vacated English Street. Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 29, Range 22 More particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36 minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to the southwest corner of said Lot 99, being common with a point on the north line of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06 seconds East along said north line, a distance of 31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said east line, a distance of 258.84 feet to a found capped iron pipe license number 43933; thence South 67 degrees 39 minutes 02 seconds East,a distance of 185.82 feet to a found capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring 310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found May 29, 201819 City Council Meeting Minutes Packet Page Number 20 of 160 E2 capped iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number 8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East along said west line, a distance of 18.84 feet to a found capped iron pipe license number 8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes 58 seconds East along said south line and the easterly extension thereof, a distance of 136.03 feet to a found capped iron pipe license number 12682 on said east line of the Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00 minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74 and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of the north line of said Lot 97; thence South 89 degrees 36 minutes 06 secondsWest along said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter and the point of beginning. WHEREAS, the history of this variance is as follows: 1.On May 15, 2018, the planning commission held a public hearing. Thecity staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approvethis variance. 2.On May 29, 2018, the city council discussed variance. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approvedthe above described variance for the following reasons: 1.The proposed use would be in harmony with the general purposes and intent of the zoning ordinance since this property has been used as an auto dealership for 49 years. 2.The proposed commercial use is consistent with the commercial classification of the Maplewood Comprehensive Plan. May 29, 201820 City Council Meeting Minutes Packet Page Number 21 of 160 E2 3.The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city’s requirement that auto uses be setback 350 foot from properties the city has planned for residential. 4.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the setback requirement stipulated by the ordinance would prohibit the reconstruction of an auto dealership on this site. Seconded by Councilmember JuenemannAyes – Acting Mayor Smith, Council Members Abrams, Juenemann and Xiong The motion passed. Councilmember Abrams moved to approve the design plans for the new 47,685 square foot auto dealership building date stamped May 9, 2018, for the redevelopment project located at 2780 Maplewood Drive. Approval is subject to the applicant doing the following: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Satisfy the requirements set forth in the staff report authored by staff engineer Jon Jarosch, dated May 8, 2018. 3.Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, datedMay 15, 2018. 4.All requirements of the fire marshal and building official must be met. 5.All roof-top mechanical equipment shall be screened from view. 6.Prior to issuance of a grading or building permit, the applicant must submit to staff for approval thefollowing items: a.Revised landscaping and site plans showing additional plantings and screening on the east side of the site. This plan shall also include the restoration of the wetland buffer area with native plantings. b.Submit a revised photometric plan for staff approval – plan must meet all city requirements. c. Submit plans for staff approval for the required trash enclosure. The trash enclosure’s colors and building materials shall be consistent with the main building. d.A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 7.The applicant shall complete the following before occupying the building: May 29, 201821 City Council Meeting Minutes Packet Page Number 22 of 160 E2 a.Replace any property irons removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install city approved wetland buffer signs at the edge of the wetland buffer that notifies that no building, mowing, cutting, grading, filling or dumping is allowed within the buffer. 8.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to the public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 9.All work shall follow the approved plans. City staff may approve minor changes. Seconded by Councilmember JuenemannAyes – Acting Mayor Smith, Council Members Abrams, Juenemann and Xiong The motion passed. K.ADJOURNMENT Acting Mayor Smith adjourned the meeting at8:36 p.m. May 29, 201822 City Council Meeting Minutes Packet Page Number 23 of 160 F1a MEMORANDUM TO:City Council FROM:Melinda Coleman, City Manager DATE:June 11, 2018 SUBJECT:Council Calendar Update Introduction/Background This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcementsof the meetings, but a snapshot look at the upcoming meetings for theCity Council to plan their calendars. No action is required. Upcoming Agenda Items & Work Session Schedule 1.June 20th – 22nd Annual League of Minnesota Cities Conference in St. Cloud th 2.June 25 a.Workshop: EDA Responsibilities & Possible Program Areas;Rental Housing Licensing Overview th 3.July 9 a.Workshop:Street Condition Information; Nature Center Study:Preliminary Review of 2019-2023 CIP rd 4.July 23 a.Workshop:Marketing & Branding Discussion; Excessive Calls for Service; Alarm Permits th 5.August 13 a.Workshop:Overnight Parking; 2019 Budget Preview th 6.August 27 a.Workshop:2019 Budget Review Council Comments Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Rental Licensing Survey (EEDD/Police Coordination) – scheduled 2.Review of EDA Responsibilities and possible program areas – scheduled 3.Tobacco 21 Recommendation No action required. Attachments None. Packet Page Number 24 of 160 F3 CITY COUNCIL STAFF REPORT Meeting Date June 11, 2018 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director PRESENTER:Scott Nadeau AGENDA ITEM: Presentation of Lifesaving Awards Police Department Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Staff would like to recognize the following persons for their lifesaving actions: Citizens David Woodward and Amanda Carr White Bear Lake Police Officers Bridget Mace and John Saumweber Maplewood Police Officers Alesia Metry and Tony Gabriel Maplewood Fire Captain Bob Peterson Maplewood Firefighters/Paramedics Rochelle Hawthorne, Jodi Halweg, Andrew Bauman Maplewood Firefighter/EMT Charles Crummy Recommended Action: For presentation purposes only. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Recognizing and celebrating department and community actions. Background On March 22, 2018 multiple police and fire department personnel as well as citizens performed lifesaving measures on a male who became unconscious and stopped breathing while at the YMCA. Attachments Award plaques and certificates. Packet Page Number 25 of 160 F3, Attachment 1 Packet Page Number 26 of 160 F3, Attachment 1 Packet Page Number 27 of 160 F3, Attachment 1 Packet Page Number 28 of 160 F3, Attachment 1 Packet Page Number 29 of 160 F3, Attachment 1 Packet Page Number 30 of 160 F3, Attachment 1 Packet Page Number 31 of 160 F3, Attachment 1 Packet Page Number 32 of 160 F3, Attachment 1 Packet Page Number 33 of 160 F3, Attachment 1 Packet Page Number 34 of 160 F3, Attachment 1 Packet Page Number 35 of 160 F3, Attachment 1 Packet Page Number 36 of 160 G1 MEMORANDUM Melinda Coleman, City Manager TO: Ellen Paulseth, Finance Director FROM: June 4, 2018 DATE: Approval of Claims SUBJECT: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $697,095.44Checks # 101669 thru #101705 dated 05/29/18 $611,960.90Disbursements via debits to checking account dated 05/21/18 thru 05/25/18 $568,756.42Checks #101707 thru #101728 dated 6/05/18 $297,681.06Disbursements via debits to checking account dated 05/29/18 thru 06/01/18 $2,175,493.82Total Accounts Payable PAYROLL $558,178.23Payroll Checks and Direct Deposits dated 06/01/18 $2,101.26Payroll Deduction check # 99103274 thru # 99103277 dated 06/01/18 $560,279.49Total Payroll $2,735,773.31GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. Attachments Packet Page Number 37 of 160 G1, Attachment Check Register City of Maplewood 05/24/2018 CheckDateVendorDescriptionAmount 10166905/29/201805114BOLTON & MENK, INC.PROJ 16-25 STERLING ST BRIDGE542.00 10167005/29/201800211BRAUN INTERTEC CORP.PROJ 17-18 FARRELL-FERNDALE AREA7,757.50 10167105/29/201804137THE EDGE MARTIAL ARTSKARATE INSTRUCTION - APRIL661.50 10167205/29/201805311WILLIE MCCRAYSOFTBALL UMPIRES 05/14 - 05/17621.00 05/29/2018METROPOLITAN COUNCIL 10167300985WASTEWATER - JUNE268,615.34 05/29/2018NYSTROM PUBLISHING CO INC 10167401202PARKS & REC BROCHURE MAY-JULY11,057.77 05/29/2018NYSTROM PUBLISHING CO INC 01202MAPLEWOOD LIVING - MAY6,668.65 05/29/2018PAETEC/WINDSTREAM 10167501819LOCAL PHONE SERVICE 04/15 - 05/14720.66 05/29/2018SUN LIFE FINANCIAL 10167605488PREMIUM - LIFE,LTD - JUNE6,459.57 05/29/2018T A SCHIFSKY & SONS, INC 10167701574BITUMINOUS MATERIAL ~2,483.52 05/29/2018T A SCHIFSKY & SONS, INC 01574BITUMINOUS MATERIAL ~1,066.00 05/29/2018T A SCHIFSKY & SONS, INC 01574RECYCLE CONCRETE WITH REBAR300.00 05/29/2018TENNIS SANITATION LLC 10167804845RECYCLING FEE -APR/CITY WIDE RECY43,610.20 05/29/2018YMCA 10167905761MCC IMPROV - PROJECT52,734.98 05/29/2018YMCA 05761EMPLOYEE MEMBERSHIPS - FEB1,377.00 05/29/2018YMCA 05761EMPLOYEE MEMBERSHIPS - MARCH1,265.00 05/29/2018YMCA 05761EMPLOYEE MEMBERSHIPS - APRIL1,173.00 05/29/2018AVESIS 10168004848MONTHLY PREMIUM - JUNE348.43 05/29/2018BERGANKDV 101681049922017 AUDIT27,500.00 05/29/2018CINTAS CORPORATION #470 10168205369CLEANING SUPPLIES-CH/PD/PW/PM72.13 05/29/2018COLONIAL LIFE PROCESSING CTR 10168305786MONTHLY PREMIUM BCN:E4677316-MAY345.54 05/29/2018DEARBORN NATIONAL 10168405889STD GROUP #F022290 - JUNE2,331.72 05/29/2018DVS RENEWAL 10168505843LICENSE RENEWAL POLICE #850GXR17.00 05/29/2018FRA-DOR INC. 10168600531BLACK DIRT - PLOW DAMAGE85.00 05/29/2018HARVEST MOON EDIBLE LANDSCAPES 10168705915SPEAKER FOR PROG AT NATURE CENTER100.00 05/29/2018ICMA 10168800702MEMBERSHIP-M COLEMAN 7/2018-6/20191,266.48 05/29/2018KENNEDY & GRAVEN CHARTERED 10168902137ATTORNEY FEES - APRIL27,772.59 05/29/2018LANGUAGE LINE SERVICES 10169000846PD PHONE-BASED INTERPRETIVE SRVS50.13 05/29/2018M C M A 10169100896MEMBERSHIP FEE - M FUNK160.54 05/29/2018MADDEN GALANTER HANSEN, LLP 10169200532HR ATTORNEY FEE LABOR REL-APRIL582.41 05/29/2018MEDICA 10169303818MONTHLY PREMIUM - JUNE184,956.29 05/29/2018NORTH SUBURBAN ACCESS CORP 10169405356WEBSTREAMING SRVS - APRIL1,087.68 05/29/2018NORTH SUBURBAN ACCESS CORP 05356PRODUCTION CONTRACT - APRIL961.40 05/29/2018ONE TIME VENDOR 10169500001REIMB K PADILLA - DAMAGED MAILBOX296.00 05/29/2018ONE TIME VENDOR 10169600001REFUND AMERICAN DREAM BLDG PERMIT290.00 05/29/201805121OTTO ENVIRONMENTAL SYS NA INCMAPLEWOOD TRASH CARTS -75 GAL33,116.00 101697 10169805/29/201805103PERFORMANCE PLUS LLCMEDICAL EXAMS APRIL & MAY5,758.00 05/29/201805103PERFORMANCE PLUS LLCHEPATITIS B SHOTS100.00 05/29/2018PETTY CASH 10169903151REPLENISH PETTY CASH19.10 05/29/2018PHYSIO-CONTROL, INC. 10170001261EMS REPORTING SOFTWARE - APRIL738.67 05/29/2018ROADKILL ANIMAL CONTROL 10170105879DEER REMOVAL - APRIL238.00 05/29/2018SKB ENVIRONMENTAL 10170205265DISPOSAL OF WOOD-WAKEFIELD DEMO368.19 05/29/2018TERRYBERRY COMPANY LLC 10170301594EMPLOYEE RECOGNITION PINS609.05 05/29/2018TRUCK UTILITIES & MANUF CO 10170401653HYDRAULIC POLE SAW REPAIR683.60 05/29/2018VERSA-LOK RETAINING WALL SYS 10170503419BLACK DIRT FOR PARKS DEPT127.80 697,095.44 37Checks in this report. Packet Page Number 38 of 160 G1, Attachment CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 5/21/2018MN State TreasurerDrivers License/Deputy Registrar33,277.69 5/21/2018US Bank VISA One Card*Purchasing card items43,948.47 5/21/2018U.S. TreasurerFederal Payroll Tax93,026.03 5/21/2018P.E.R.A.P.E.R.A.111,516.92 5/21/2018ICMA (Vantagepointe)Retiree Health Savings1,560.00 5/21/2018MidAmerica - INGHRA Flex plan15,522.90 5/21/2018Labor UnionsUnion Dues4,405.16 5/22/2018MN State TreasurerDrivers License/Deputy Registrar15,098.50 5/22/2018MN State TreasurerState Payroll Tax22,179.07 5/23/2018MN State TreasurerDrivers License/Deputy Registrar67,882.11 5/23/2018Delta DentalDental Premium1,325.48 5/24/2018MN State TreasurerDrivers License/Deputy Registrar100,212.68 5/25/2018MN State TreasurerDrivers License/Deputy Registrar98,177.39 5/25/2018MN Dept of Natural ResourcesDNR electronic licenses2,549.00 5/25/2018Optum HealthDCRP & Flex plan payments1,279.50 611,960.90 *Detailed listing of VISA purchases is attached. Packet Page Number 39 of 160 G1, Attachment Transaction DatePosting DateMerchant NameTransaction AmountName 04/27/201804/30/2018AMAZON MKTPLACE PMTS WWW.$135.86JOSHUA ABRAHAM 04/30/201805/01/2018HENRIKSEN ACE HDWE$23.97JOSHUA ABRAHAM 05/01/201805/02/2018HENRIKSEN ACE HDWE$5.97JOSHUA ABRAHAM 05/02/201805/03/2018OLD LOG THEATRE$353.01JOSHUA ABRAHAM 05/03/201805/04/2018MN RECREATION AND PARK A$50.00JOSHUA ABRAHAM 05/09/201805/10/2018OLD LOG THEATRE$96.00JOSHUA ABRAHAM 05/09/201805/10/2018STPAULSAINTSPROFBASEBA$182.60JOSHUA ABRAHAM 04/27/201804/30/2018PAKOR, INC.$345.44REGAN BEGGS 05/08/201805/10/2018OFFICE DEPOT #1090$104.24REGAN BEGGS 05/01/201805/02/2018TARGET 00011858$37.56CHAD BERGO 05/08/201805/10/2018THE HOME DEPOT #2805$60.05CHAD BERGO 04/30/201805/01/2018ELM CREEK ANIMAL HOSPITAL$53.60BRIAN BIERDEMAN 04/30/201804/30/2018FACEBK 22X2TDSGN2$10.61NEIL BRENEMAN 04/27/201804/30/2018SITEONE LANDSCAPE S($251.19)TROY BRINK 04/27/201804/30/2018SITEONE LANDSCAPE S$251.19TROY BRINK 05/01/201805/02/2018SITEONE LANDSCAPE S$233.94TROY BRINK 05/08/201805/10/2018THE HOME DEPOT #2801$225.70TROY BRINK 05/10/201805/11/2018OXYGEN SERVICE COMPANY,$7.94TROY BRINK 05/10/201805/11/2018OXYGEN SERVICE COMPANY,$71.00TROY BRINK 05/01/201805/02/2018RED WING SHOE #727$263.48BRENT BUCKLEY 05/07/201805/08/2018SITEONE LANDSCAPE S$111.24BRENT BUCKLEY 05/05/201805/07/2018CVS/PHARMACY #01751$6.21DANIEL BUSACK 04/27/201804/30/2018RYAN PLUMBING AND HEATING$911.00SCOTT CHRISTENSON 04/27/201804/30/2018MUSKA ELECTRIC CO$835.80SCOTT CHRISTENSON 05/04/201805/07/2018HENRIKSEN ACE HDWE$11.98SCOTT CHRISTENSON 05/04/201805/07/2018HENRIKSEN ACE HDWE$28.20SCOTT CHRISTENSON 05/07/201805/08/2018MILLS FLEET FARM 2700$14.98SCOTT CHRISTENSON 05/09/201805/11/2018THE HOME DEPOT #2801$44.24SCOTT CHRISTENSON 05/08/201805/09/2018DR ALAN ZIMMERMAN$60.00MELINDA COLEMAN 05/10/201805/11/2018IN *ENCOMPASS TELEMATICS,$676.00KERRY CROTTY 05/02/201805/03/2018THE UPS STORE 2171$19.29MICHAEL DUGAS 05/09/201805/10/2018TARGET 00024067$13.96SHANN FINWALL 05/09/201805/11/2018CARIBOU COFFEE CO #163$14.99SHANN FINWALL 05/03/201805/04/2018CINTAS 60A SAP$23.62CASSIE FISHER 05/10/201805/11/2018CINTAS 60A SAP$23.62CASSIE FISHER 05/01/201805/01/2018AMAZON MKTPLACE PMTS WWW.$111.68MYCHAL FOWLDS 05/02/201805/03/2018WEB*NETWORKSOLUTIONS$5.99MYCHAL FOWLDS 05/04/201805/07/2018ZOHO CORPORATION$540.00MYCHAL FOWLDS 05/06/201805/07/2018VZWRLSS*APOCC VISB$9,276.96MYCHAL FOWLDS 05/07/201805/08/2018VIKING ELECTRIC-DIST CTR$192.39MYCHAL FOWLDS 05/07/201805/09/2018THE HOME DEPOT #2801$19.31MYCHAL FOWLDS 05/08/201805/09/2018AMAZON MKTPLACE PMTS WWW.$24.96MYCHAL FOWLDS 05/08/201805/09/2018AMAZON MKTPLACE PMTS$7.99MYCHAL FOWLDS 05/08/201805/09/2018AMAZON MKTPLACE PMTS$13.98MYCHAL FOWLDS 05/10/201805/11/2018AT&T*BILL PAYMENT$33.25MYCHAL FOWLDS 05/04/201805/07/2018AMAZON MKTPLACE PMTS WWW.$72.98NICK FRANZEN 05/05/201805/07/2018IDU*INSIGHT PUBLIC SEC$660.97NICK FRANZEN 05/07/201805/09/2018OFFICE DEPOT #1090$275.07NICK FRANZEN 05/10/201805/11/2018CDW GOVT #MRC9384$155.25NICK FRANZEN 05/10/201805/11/2018IDU*INSIGHT PUBLIC SEC$135.15NICK FRANZEN 04/27/201804/30/2018AMAZON.COM AMZN.COM/BILL$42.94ALEX GERONSIN 05/02/201805/03/2018TOSHIBA BUSINESS SOLUTIO$30.00ALEX GERONSIN 05/03/201805/04/2018TRI-STATE BOBCAT$58.25MARK HAAG 05/03/201805/07/2018VIKING INDUSTRIAL CENTER$220.00MARK HAAG 05/03/201805/04/2018GRUBER'S POWER EQUIPMENT$20.15MILES HAMRE 05/04/201805/07/2018HENRIKSEN ACE HDWE$3.98MILES HAMRE 05/04/201805/07/2018MILLS FLEET FARM 2700$38.94MILES HAMRE 04/27/201804/30/2018FASTENAL COMPANY01$12.06TAMARA HAYS Packet Page Number 40 of 160 G1, Attachment 05/01/201805/02/2018HENRIKSEN ACE HDWE$32.31TAMARA HAYS 05/01/201805/02/2018HENRIKSEN ACE HDWE$1.79TAMARA HAYS 05/02/201805/03/2018CUB FOODS #1599$8.53LINDSAY HERZOG 05/07/201805/08/2018CUB FOODS #1599$15.74LINDSAY HERZOG 05/04/201805/07/2018LTG POWER EQUIPMENT$193.98GARY HINNENKAMP 05/02/201805/03/2018FRATTALLONES WOODBURY AC$45.85ANN HUTCHINSON 05/02/201805/03/2018USPS PO 2683380009$50.00ANN HUTCHINSON 05/02/201805/03/2018DALCO ENTERPRISES$1,011.96DAVID JAHN 05/08/201805/10/2018OFFICE DEPOT #5910$41.70MEGHAN JANASZAK 05/08/201805/10/2018OFFICE DEPOT #1090$69.44MEGHAN JANASZAK 05/09/201805/11/2018OFFICE DEPOT #1090($5.89)MEGHAN JANASZAK 05/09/201805/11/2018OFFICE DEPOT #1090$2.78MEGHAN JANASZAK 04/26/201804/30/2018OFFICE DEPOT #1090$52.42LOIS KNUTSON 04/29/201804/30/2018THUMPER POND RESORT HOTEL$242.72LOIS KNUTSON 05/03/201805/07/2018OFFICE DEPOT #1090$561.97LOIS KNUTSON 05/07/201805/08/2018SHRED-IT USA LLC$171.90LOIS KNUTSON 05/09/201805/11/2018OFFICE DEPOT #1090$100.79LOIS KNUTSON 05/02/201805/03/2018HENRIKSEN ACE HDWE$2.14NICHOLAS KREKELER 05/09/201805/10/2018JOANN STORES #1970$3.54NICHOLAS KREKELER 04/27/201804/30/2018PEACHJAR$450.00GINA KUCHENMEISTER 05/07/201805/08/2018THOMSON WEST*TCD$424.46DAVID KVAM 05/08/201805/09/2018STREICHER'S MO$3,149.50DAVID KVAM 05/03/201805/04/2018DALCO ENTERPRISES$264.20CHING LO 05/02/201805/03/2018ST PAUL PUBLIC WORKS PARK$4.65STEVE LOVE 05/03/201805/07/2018ABM PARKING UNION DEPOT 8$6.00STEVE LOVE 04/27/201804/30/2018SQ *HAIX NORTH AMERICA$249.00STEVE LUKIN 04/29/201804/30/2018MARRIOTT INDY$849.42STEVE LUKIN 04/30/201805/02/2018AIRGASS NORTH$18.55STEVE LUKIN 05/02/201805/04/2018AIRGASS NORTH$169.88STEVE LUKIN 05/02/201805/04/2018AIRGASS NORTH$185.35STEVE LUKIN 05/03/201805/03/2018COMCAST CABLE COMM$2.25STEVE LUKIN 05/03/201805/04/2018EMERGENCY APPARATUS MAINT$55.02STEVE LUKIN 05/07/201805/08/2018ASPEN MILLS INC.$29.70STEVE LUKIN 05/07/201805/08/2018ASPEN MILLS INC.$141.70STEVE LUKIN 05/09/201805/11/2018MENARDS MAPLEWOOD MN$47.18STEVE LUKIN 05/03/201805/07/2018ABM PARKING UNION DEPOT 8$6.00MIKE MARTIN 04/27/201804/30/2018SQ *GREEN CAB$36.35MICHAEL MONDOR 04/27/201804/30/2018WPSG, INC 800-852-6088$70.00MICHAEL MONDOR 04/28/201804/30/2018MARRIOTT INDY$1,421.15MICHAEL MONDOR 05/01/201805/02/2018CENTURY COLLEGE-BO$150.00MICHAEL MONDOR 05/07/201805/09/2018BOUND TREE MEDICAL LLC$761.76MICHAEL MONDOR 05/08/201805/10/2018BOUND TREE MEDICAL LLC($2,359.22)MICHAEL MONDOR 05/08/201805/10/2018MENARDS OAKDALE MN$121.97MICHAEL MONDOR 04/26/201804/30/2018THE HOME DEPOT #2801$26.67JOHN NAUGHTON 04/27/201804/30/2018HENRIKSEN ACE HDWE$69.92JOHN NAUGHTON 05/02/201805/03/2018TRI-STATE BOBCAT$440.00JOHN NAUGHTON 05/07/201805/09/2018MENARDS OAKDALE MN$13.50JOHN NAUGHTON 05/07/201805/08/2018TST* PI PIZZERIA MX$33.24ELLEN PAULSETH 05/10/201805/11/2018MAGNOLIA HOTEL ST LOUIS$1,041.84ELLEN PAULSETH 05/05/201805/07/2018THE HOME DEPOT #2801$27.97ROBERT PETERSON 05/05/201805/07/2018TRUCK UTILITIES INC ST PA$13.78ROBERT PETERSON 04/26/201804/30/2018FACTORY MOTOR PARTS #19$8.84STEVEN PRIEM 04/27/201804/30/2018AUTO PLUS-LITTLE CANADA$99.75STEVEN PRIEM 04/27/201804/30/2018AN FORD WHITE BEAR LAK$732.16STEVEN PRIEM 04/30/201805/01/2018POMP'S TIRE #021$1,378.50STEVEN PRIEM 04/30/201805/01/2018AUTO PLUS-LITTLE CANADA$92.95STEVEN PRIEM 04/30/201805/01/2018AUTO PLUS-LITTLE CANADA$92.95STEVEN PRIEM 05/01/201805/02/2018OREILLY AUTO #2074$29.99STEVEN PRIEM 05/03/201805/04/2018POMP'S TIRE #021$392.45STEVEN PRIEM Packet Page Number 41 of 160 G1, Attachment 05/03/201805/07/2018AN FORD WHITE BEAR LAK$207.44STEVEN PRIEM 05/04/201805/07/2018AUTO PLUS-LITTLE CANADA($4.14)STEVEN PRIEM 05/04/201805/07/2018AUTO PLUS-LITTLE CANADA$23.06STEVEN PRIEM 05/07/201805/08/2018TRI-STATE BOBCAT$189.13STEVEN PRIEM 05/07/201805/09/2018EMERGENCY AUTOMOTIVE$156.60STEVEN PRIEM 05/07/201805/09/2018EMERGENCY AUTOMOTIVE$57.82STEVEN PRIEM 05/08/201805/09/2018MACQUEEN EQUIPMENT GROUP$534.11STEVEN PRIEM 05/09/201805/10/2018AUTO PLUS-LITTLE CANADA$348.35STEVEN PRIEM 05/09/201805/11/2018ZIEGLER INC COLUMBUS$128.31STEVEN PRIEM 05/10/201805/11/2018OREILLY AUTO #3255$68.56STEVEN PRIEM 05/10/201805/11/2018AUTO PLUS-LITTLE CANADA$135.95STEVEN PRIEM 05/10/201805/11/2018SHARROW LIFTING PRODUCTS$120.00STEVEN PRIEM 05/10/201805/11/2018TRI-STATE BOBCAT$282.73STEVEN PRIEM 05/10/201805/11/2018PIONEER PRESS ADV$4,845.00TERRIE RAMEAUX 05/09/201805/10/2018CTC*CONSTANTCONTACT.COM$65.00AUDRA ROBBINS 05/09/201805/10/2018MAGNOLIA HOTEL ST LOUIS$520.92JOSEPH RUEB 05/03/201805/04/2018FRATTALLONES WOODBURY AC$15.05ROBERT RUNNING 05/08/201805/09/2018BROCK WHITE 180$938.60ROBERT RUNNING 05/08/201805/10/2018NEEDELS SUPPLY$213.02ROBERT RUNNING 05/08/201805/10/2018NEEDELS SUPPLY$94.76ROBERT RUNNING 05/09/201805/10/2018MIDWEST FENCE$51.25ROBERT RUNNING 05/09/201805/11/2018THE HOME DEPOT #2801$45.07ROBERT RUNNING 05/02/201805/04/2018THE HOME DEPOT #2801$3.66JASON SAKRY 04/30/201805/01/2018LILLIE SUBURBAN NEWSPAPER$93.50DEB SCHMIDT 04/30/201805/01/2018PIONEER PRESS ADV$287.70DEB SCHMIDT 04/30/201805/02/2018ON SITE SANITATION INC$572.63SCOTT SCHULTZ 05/01/201805/03/2018SPOK INC$26.90SCOTT SCHULTZ 05/08/201805/09/2018BEST BUY MHT 00000109$64.38JOE SHEERAN 05/09/201805/10/2018MINNESOTA ASSOCIATION OF$40.00JOE SHEERAN 04/28/201804/30/2018THE HOME DEPOT #2801$26.82MICHAEL SHORTREED 05/02/201805/03/2018GALLS$379.82MICHAEL SHORTREED 05/03/201805/07/2018517 MARQUETTE AVE.$36.00MICHAEL SHORTREED 05/04/201805/07/2018STORCHAK CLEANERS$18.30MICHAEL SHORTREED 05/04/201805/07/2018STORCHAK CLEANERS$5.65MICHAEL SHORTREED 05/04/201805/07/2018STORCHAK CLEANERS$13.78MICHAEL SHORTREED 05/05/201805/07/2018DOWNTOWNERS CAR WASH - SA$38.00MICHAEL SHORTREED 05/07/201805/08/2018HEALTHEAST TRANSPORTATN$92.75MICHAEL SHORTREED 05/10/201805/11/2018LITTLE VENETIAN$12.50MICHAEL SHORTREED 05/04/201805/07/2018HOLIDAY INN & SUITES$562.85ANDREA SINDT 05/01/201805/03/2018MENARDS OAKDALE MN$131.59RONALD SVENDSEN 05/01/201805/03/2018MENARDS OAKDALE MN$51.90RONALD SVENDSEN 05/04/201805/07/2018MENARDS MAPLEWOOD MN$18.23RONALD SVENDSEN 05/06/201805/07/2018NAPA STORE 3279016$6.99RONALD SVENDSEN 04/30/201805/01/2018REPUBLIC SERVICES TRASH$1,456.18CHRIS SWANSON 05/03/201805/07/2018OFFICE DEPOT #1090$63.12KAREN WACHAL 05/04/201805/07/2018OFFICE DEPOT #1090$54.17KAREN WACHAL 05/01/201805/03/2018OFFICE DEPOT #1090$141.63TAMMY WYLIE 05/02/201805/03/2018BCA TRAINING EDUCATION$250.00TAMMY WYLIE 05/07/201805/09/2018OFFICE DEPOT #1090$60.11TAMMY WYLIE 05/09/201805/09/2018ULINE *SHIP SUPPLIES$41.32TAMMY WYLIE $43,948.47 Packet Page Number 42 of 160 G1, Attachment Check Register City of Maplewood 06/01/2018 CheckDateVendorDescriptionAmount 10170706/05/201802728KIMLEY-HORN & ASSOCIATES INCWAKEFIELD PARK IMPROVE-NEW BLDG90,586.50 06/05/201802728KIMLEY-HORN & ASSOCIATES INCWAKEFIELD PARK IMPROVE-NEW BLDG11,098.06 10170806/05/201805829LIL SLUGGERS ST. PAULCAMP REGISTRATIONS-SPRING SESSION2,475.00 10170906/05/201805353MANSFIELD OIL COCONTRACT GASOLINE - MAY9,444.07 06/05/201805353MANSFIELD OIL COCONTRACT DIESEL - MAY6,143.37 10171006/05/201805311WILLIE MCCRAYSOFTBALL UMPIRES 05/21 - 05/24496.00 10171106/05/201801886ROSENBAUER MINNESOTA, LLCNEW FIRE TRUCK381,215.00 10171206/05/201801409S E HPROJ 17-01 MUNICIPAL BLDG IMPROV3,626.10 06/05/201801409S E HPD RESTROOM RENOVATION1,239.57 06/05/201801409S E HFIRE STATION FIT PLAN550.00 10171306/05/201802274SPRINTPHONE TRACKING SRVS CN 18009844100.00 10171406/05/201805305TOSHIBA FINANCIAL SERVICES (1)CONTRACT 500-0395052232.40 06/05/201805305TOSHIBA FINANCIAL SERVICES (1)CONTRACT 500-03950651.31 10171506/05/201801190XCEL ENERGYELECTRIC UTILITY14,351.24 06/05/201801190XCEL ENERGYELECTRIC & GAS UTILITY7,884.82 06/05/201801190XCEL ENERGYELECTRIC & GAS UTILITY1,104.54 06/05/201801190XCEL ENERGYELECTRIC & GAS UTILITY138.45 06/05/201801190XCEL ENERGYELECTRIC UTILITY48.02 06/05/201801190XCEL ENERGYELECTRIC UTILITY46.51 06/05/201801190XCEL ENERGYGAS UTILITY44.08 10171606/05/201800052ADVANCED GRAPHIX INCGRAPHICS ON NEW TRUCK3,000.00 10171706/05/201805369CINTAS CORPORATION #470CLEANING SUPPLIES-CH/PD/PW/PM51.42 10171806/05/201804067ESCAPE FIRESPRINKLER HEAD ADJ - CITY HALL1,075.00 10171906/05/201805313GRAPHIC DESIGN, INC.STATIONERY ORDER247.48 10172006/05/201805917CHRISTINE JOHNSONDESIGN SIGNS - TRAILS & PLAY FEATURE13,815.00 10172106/05/201805741MOSS & BARNETTATTORNEY FEES-CABLE MATTERS-APR14,187.00 10172206/05/201802923OAKDALE FIRE DEPARTMENTMEETING & TRAINING LUNCH210.99 10172306/05/201804264RAMSEY-WASHINGTONWATERFEST SPONSORSHIP1,000.00 10172406/05/201801418SAM'S CLUB DIRECTGARBAGE BAGS/SNACKS-PARK CLEAN UP110.24 10172506/05/201804074ELAINE SCHRADETAI CHI INSTRUCTION 05/23 - 08/01450.00 10172606/05/201805654STRATEGIC INSIGHTS INC.CAPITAL PLANNING SOFTWARE PLAN-IT1,050.00 10172706/05/201805842MIKE TURNBULLFIRE MARSHAL SERVICES 01/03 - 01/24787.50 06/05/201805842MIKE TURNBULLFIRE MARSHAL SERVICES 01/25 - 02/12708.75 10172806/05/201805916WALLRAFF ELECTRIC CO8' LIGHT WATERSHED EXHIBIT ROOM1,238.00 568,756.42 22Checks in this report. Packet Page Number 43 of 160 G1, Attachment CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 5/29/2018MN State TreasurerDrivers License/Deputy Registrar85,832.35 5/30/2018MN State TreasurerDrivers License/Deputy Registrar51,657.01 5/31/2018MN State TreasurerDrivers License/Deputy Registrar66,209.65 5/31/2018Delta DentalDental Premium1,123.40 6/1/2018MN State TreasurerDrivers License/Deputy Registrar85,591.65 6/1/2018Optum HealthDCRP & Flex plan payments40.00 6/1/2018ICMA (Vantagepointe)Deferred Compensation7,227.00 297,681.06 Packet Page Number 44 of 160 G1, Attachment CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 06/01/18ABRAMS, MARYLEE473.60 06/01/18JUENEMANN, KATHLEEN473.60 06/01/18SLAWIK, NORA537.68 06/01/18SMITH, BRYAN473.60 06/01/18XIONG, TOU473.60 06/01/18COLEMAN, MELINDA6,588.64 06/01/18FUNK, MICHAEL5,740.33 06/01/18KNUTSON, LOIS3,655.69 06/01/18CHRISTENSON, SCOTT2,358.61 06/01/18JAHN, DAVID2,426.10 06/01/18PRINS, KELLY2,133.69 06/01/18HERZOG, LINDSAY2,025.8014.44 06/01/18RAMEAUX, THERESE3,552.06 06/01/18ANDERSON, CAROLE2,035.31 06/01/18DEBILZAN, JUDY2,442.59 06/01/18OSWALD, BRENDA2,405.80 06/01/18PAULSETH, ELLEN5,240.07131.51 06/01/18RUEB, JOSEPH3,874.18 06/01/18ARNOLD, AJLA618.87 06/01/18BEGGS, REGAN2,100.99 06/01/18EVANS, CHRISTINE2,184.99 06/01/18LARSON, MICHELLE2,185.02 06/01/18SCHMIDT, DEBORAH3,514.05 06/01/18SINDT, ANDREA3,373.63 06/01/18HANSON, MELISSA1,082.99 06/01/18KRAMER, PATRICIA1,082.99 06/01/18MOY, PAMELA1,988.32 06/01/18OSTER, ANDREA2,274.09 06/01/18RICHTER, CHARLENE2,149.52 06/01/18VITT, SANDRA2,144.19 06/01/18WEAVER, KRISTINE3,142.10 06/01/18ABEL, CLINT3,385.02 06/01/18ALDRIDGE, MARK4,055.90 06/01/18BAKKE, LONN3,662.78 06/01/18BARTZ, PAUL5,508.54390.22 06/01/18BELDE, STANLEY3,815.2477.46 06/01/18BENJAMIN, MARKESE3,561.87 06/01/18BERG, TERESA105.00 06/01/18BERGERON, ASHLEY2,986.89 06/01/18BIERDEMAN, BRIAN4,640.74 06/01/18BURT-MCGREGOR, EMILY2,338.08 06/01/18BUSACK, DANIEL5,276.48 06/01/18CARNES, JOHN1,975.53 06/01/18CORCORAN, THERESA2,187.29 06/01/18CROTTY, KERRY4,466.43 06/01/18DEMULLING, JOSEPH3,944.29 06/01/18DUALEH, AHMED348.00 06/01/18DUGAS, MICHAEL5,314.69 06/01/18ERICKSON, VIRGINIA4,087.56 06/01/18FISHER, CASSANDRA2,530.80 Packet Page Number 45 of 160 G1, Attachment 06/01/18FORSYTHE, MARCUS3,324.78 06/01/18FRITZE, DEREK3,835.58 06/01/18GABRIEL, ANTHONY4,097.03 06/01/18HAWKINSON JR, TIMOTHY3,439.56 06/01/18HENDRICKS, JENNIFER1,761.60 06/01/18HER, PHENG3,714.47 06/01/18HIEBERT, STEVEN3,734.62 06/01/18HOEMKE, MICHAEL3,549.19 06/01/18JOHNSON, KEVIN4,439.60 06/01/18KONG, TOMMY3,590.27 06/01/18KREKELER, NICHOLAS1,254.31 06/01/18KROLL, BRETT3,806.63 06/01/18KVAM, DAVID4,874.70 06/01/18LANGNER, SCOTT3,385.02 06/01/18LANGNER, TODD4,904.66177.39 06/01/18LENERTZ, NICHOLAS2,745.70 06/01/18LYNCH, KATHERINE3,913.19 06/01/18MARINO, JASON3,697.17 06/01/18MCCARTY, GLEN3,385.02 06/01/18METRY, ALESIA4,193.56 06/01/18MICHELETTI, BRIAN3,698.92 06/01/18MOE, AEH BEL362.50 06/01/18MURRAY, RACHEL2,333.25 06/01/18NADEAU, SCOTT5,604.65 06/01/18NYE, MICHAEL4,531.74 06/01/18OLSON, JULIE3,706.81 06/01/18PARKER, JAMES3,509.55 06/01/18PETERSON, JARED3,150.79 06/01/18SALCHOW, CONNOR355.25 06/01/18SHEA, STEPHANIE1,893.79 06/01/18SHORTREED, MICHAEL4,738.82 06/01/18SLATER, TAMMY2,080.19 06/01/18STARKEY, ROBERT2,658.66 06/01/18STEINER, JOSEPH4,220.74 06/01/18SYPNIEWSKI, WILLIAM3,697.17 06/01/18TAUZELL, BRIAN3,699.67 06/01/18THIENES, PAUL4,512.38 06/01/18VANG, PAM3,362.98 06/01/18WENZEL, JAY3,749.27 06/01/18XIONG, KAO3,634.74 06/01/18XIONG, TUOYER464.00 06/01/18ZAPPA, ANDREW3,829.73 06/01/18BAUMAN, ANDREW3,760.40 06/01/18BEITLER, NATHAN2,805.00 06/01/18CAPISTRANT, JOHN75.00 06/01/18CONWAY, SHAWN4,015.19 06/01/18CRAWFORD - JR, RAYMOND3,366.29 06/01/18CRUMMY, CHARLES2,549.48 06/01/18DABRUZZI, THOMAS3,580.33 06/01/18DANLEY, NICHOLAS2,263.99 06/01/18DAWSON, RICHARD3,916.29 06/01/18HAGEN, MICHAEL3,316.06 06/01/18HALWEG, JODI3,562.52 06/01/18HAWTHORNE, ROCHELLE3,197.50 06/01/18KUBAT, ERIC3,214.19 06/01/18LANDER, CHARLES3,006.18 06/01/18LINDER, TIMOTHY3,576.09 06/01/18LO, CHING1,269.15 06/01/18LUKIN, STEVEN5,550.65207.00 06/01/18MCGEE, BRADLEY2,463.17 06/01/18MERKATORIS, BRETT2,816.87 Packet Page Number 46 of 160 G1, Attachment 06/01/18MONDOR, MICHAEL5,414.62351.00 06/01/18NEILY, STEVEN3,055.17 06/01/18NIELSEN, KENNETH2,741.13 06/01/18NOVAK, JEROME3,737.92 06/01/18PETERSON, ROBERT3,698.98 06/01/18POWERS, KENNETH4,006.69 06/01/18SEDLACEK, JEFFREY3,500.24 06/01/18STREFF, MICHAEL3,296.25 06/01/18SVENDSEN, RONALD4,140.01 06/01/18ZAPPA, ERIC3,713.61 06/01/18CORTESI, LUANNE2,184.61 06/01/18JANASZAK, MEGHAN2,585.38 06/01/18BRINK, TROY2,739.59 06/01/18BUCKLEY, BRENT2,969.08 06/01/18DOUGLASS, TOM2,156.79 06/01/18EDGE, DOUGLAS2,456.10 06/01/18JONES, DONALD2,508.79 06/01/18MEISSNER, BRENT2,496.49 06/01/18NAGEL, BRYAN4,372.60 06/01/18OSWALD, ERICK2,495.72 06/01/18RUIZ, RICARDO383.58 06/01/18RUNNING, ROBERT2,757.29 06/01/18TEVLIN, TODD2,488.79 06/01/18BURLINGAME, NATHAN6,019.99 06/01/18DUCHARME, JOHN3,152.71 06/01/18ENGSTROM, ANDREW3,926.67 06/01/18JAROSCH, JONATHAN3,948.28 06/01/18LINDBLOM, RANDAL5,907.68 06/01/18LOVE, STEVEN5,100.67 06/01/18ZIEMAN, SCOTT1,104.00 06/01/18COREY JR, DEWAYNE440.00 06/01/18HAMRE, MILES2,272.80 06/01/18HAYS, TAMARA2,325.69 06/01/18HINNENKAMP, GARY2,714.40 06/01/18NAUGHTON, JOHN2,488.79 06/01/18ORE, JORDAN2,325.69 06/01/18SAKRY, JASON2,055.29 06/01/18BIESANZ, OAKLEY1,848.03 06/01/18GERNES, CAROLE1,717.27 06/01/18HER, KONNIE720.00 06/01/18HUTCHINSON, ANN3,077.93 06/01/18WACHAL, KAREN1,092.49 06/01/18GAYNOR, VIRGINIA3,763.51 06/01/18JOHNSON, ELIZABETH1,952.19 06/01/18KONEWKO, DUWAYNE5,680.60 06/01/18KROLL, LISA2,191.29 06/01/18ADADE, JANE1,838.19 06/01/18FINWALL, SHANN3,746.81 06/01/18MARTIN, MICHAEL3,791.58 06/01/18BRASH, JASON3,661.90 06/01/18SWAN, DAVID3,209.20 06/01/18SWANSON, CHRIS2,475.39 06/01/18WEIDNER, JAMES2,623.39 06/01/18WELLENS, MOLLY2,110.57 06/01/18ABRAHAM, JOSHUA2,238.60 06/01/18BJORK, BRANDON45.00 06/01/18BRENEMAN, NEIL2,938.08 06/01/18ELLENBERGER, MATTHEW90.00 06/01/18GORACKI, GERALD60.00 06/01/18KUBAT, STEPHANIE60.00 06/01/18KUCHENMEISTER, GINA1,896.80 Packet Page Number 47 of 160 G1, Attachment 06/01/18LUSHANKO, ADAM217.00 06/01/18MUNSON, CADE84.00 06/01/18NEUMANN, BRAD35.00 06/01/18ROBBINS, AUDRA4,148.41 06/01/18ROBBINS, CAMDEN112.50 06/01/18SMITH, SUMNER108.00 06/01/18VUKICH, CANDACE132.00 06/01/18WISTL, MOLLY257.50 06/01/18BERGO, CHAD3,501.99 06/01/18SCHMITZ, KEVIN2,107.71 06/01/18SHEERAN JR, JOSEPH3,569.39 06/01/18ADAMS, DAVID2,736.70 06/01/18HAAG, MARK2,739.59 06/01/18JENSEN, JOSEPH2,260.89 06/01/18SCHULTZ, SCOTT4,339.22 06/01/18WILBER, JEFFREY2,243.39 06/01/18COUNTRYMAN, BRENDA1,376.00 06/01/18MCNAMARA, SAM640.00 06/01/18PRIEM, STEVEN2,797.50 06/01/18WOEHRLE, MATTHEW2,789.45 06/01/18XIONG, BOON2,205.69 06/01/18FOWLDS, MYCHAL4,631.73 06/01/18FRANZEN, NICHOLAS4,048.19 06/01/18GERONSIN, ALEXANDER2,713.21 06/01/18RENNER, MICHAEL3,010.44 9910327106/01/18EDDY, JASON58.50 9910327206/01/18KOSTECKI, HANNAH84.00 9910327306/01/18KRUEGER, SCOTT28.88 558,178.23 Packet Page Number 48 of 160 G2 CITY COUNCIL STAFF REPORT Meeting Date June 11, 2018 REPORT TO:Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Scott Nadeau, Public Safety Director / Police Chief PRESENTER: Steven Love Purchase of Construction Services for Maplewood Police Department AGENDA ITEM: Bathroom Remodel Work, City Project 18-17 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City Council will consider approving the purchase of construction services for the Maplewood Police Department Bathroom Remodel Work, City Project 18-17 Recommended Action: Motion to approve the purchase of construction services for the Maplewood Police Department Bathroom Remodel Work, City Project 18-17 and direct the City Manager to enter into the contract with American Liberty Construction, in the amount of $49,900.00. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $49,900.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other:Building Maintenance Fund Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Completing the necessary maintenance and remodel work on the Police Department will help ensure the City Hall facilities are in good shape, easier to maintain, and provide more flexibility of use with both bathrooms being converted to unisex bathrooms. Background City Staff requested quotes for construction services from three construction companies to complete maintenance and remodeling work on two bathrooms in the City Hall Police Department. Packet Page Number 49 of 160 G2 The City received only one quote from the following three construction companies: CompanyProposal Total American Liberty Construction $49,900.00 RJ Marco Declined to Submit Kue Contractors Inc. Declined to Submit The City is currently working with American Liberty Construction as the prime contractor on the City Hall improvements, City Project 17-01. The two Police Department bathrooms were not fully remodeled as part of the police expansion project completed in 2015. As part of the 2015 project, it was decided to make both bathrooms accessible which resulted in the removal of a urinal from one of the bathrooms. It did not update/fix any of the broken tiles or update any of the fixtures. The project will convert the two bathrooms to unisex bathrooms. This will provide more flexibility with the use of the bathrooms. A urinal will be installed in one of the bathrooms as only one of the two bathrooms are required to be assessable. The project also includes the replacement of the aged/damaged wall and floor tiles. The bathrooms will be easier to maintain and kept clean with the replacement of the damaged tiles and the installation of the urinal. Attachments 1.American Liberty Construction Contract Packet Page Number 50 of 160 G2, Attachment 1 Packet Page Number 51 of 160 G2, Attachment 1 Packet Page Number 52 of 160 G2, Attachment 1 Packet Page Number 53 of 160 G2, Attachment 1 Packet Page Number 54 of 160 G2, Attachment 1 Packet Page Number 55 of 160 G2, Attachment 1 Packet Page Number 56 of 160 G2, Attachment 1 Packet Page Number 57 of 160 G2, Attachment 1 Packet Page Number 58 of 160 G2, Attachment 1 Packet Page Number 59 of 160 G2, Attachment 1 Packet Page Number 60 of 160 G2, Attachment 1 Packet Page Number 61 of 160 G3 CITY COUNCILSTAFF REPORT Meeting Date June 11, 2018 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Chris Swanson,Environmental and City Code Specialist PRESENTER: Michael Martin,Economic Development Coordinator AGENDA ITEM:Purchase AdditionalTrash Carts for the Maplewood Trash Plan Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The City needs to purchase additional trash carts to be used in the Maplewood Trash Program. Currently, thereare no ninety-five gallon and thirty gallon carts stored at Republic Services’ Inver Grove Heights Facility. Recommended Action: Motion to approve the attached purchase agreement with Otto Environmental Systems N.A., Inc.for the purchase of564 additional trash carts to be used in the Maplewood Trash Program. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$26,022.80 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Trash carts are necessary to continue to have our organized trash plan operate effectively. Background On November 27,2012, the City Council authorized the execution into contract with Otto Environmental Systems N.A., Inc. for the purchase of 10,330 carts. On March 23, 2016, the City Council executed a Purchase Agreement with Otto Environmental Systems N.A., Inc. in the amount of $26,257.10 for the purchase of 550 (280 ninety-five and 270 sixty- five gallon) additional trash carts to be used in the Maplewood Trash Program. Packet Page Number 62 of 160 G3 On November 1, 2017, the City Council executed a Purchase Agreement with Otto Environmental Systems N.A., Inc. in the amount of $24,470.30 for the purchase of 550 (280 ninety-five and 270 sixty-five gallon) additional trash carts to be used in the Maplewood Trash Program. On March 26, 2018, the City Council executed a Purchase Agreement with OttoEnvironmental Systems N.A., Inc. in the amount of $33,116 for the purchase of 720 additional sixty-five gallon trash carts to be used in the Maplewood Trash Program. Discussion Since the rollout of the Maplewood Trash Plan in 2012, some of the originalcarts have been damaged or, for various reasons, have gone missing. There is an expected attrition rate for trash carts. To cover the costs to replenish carts for the program, Republic charges every trash account an additional $.75 cart fee per month andremits that amount back to the City. Beginning in 2016, the City has started to use the collected trash cart funds to work towards replenishing the cart supply. Currently thereare no ninety-five gallon and thirty gallon carts at the Republic facility. We will be purchasing a truck load (564 carts) of ninety-five gallon and thirty gallon carts for $26,022. City Purchasing Policy requires at least two bids for purchases over $10,000. Staff requested bids from Otto (Attachment 1) and Rehrig PacificCompany (Attachment 2) for additional carts. Otto’s bid for manufacturing of the trash carts (with shipping included) is $1.50less per cart than the bid from Rehrig. Because Otto is the original vendor, the new carts will look the same as those already in use with the trash plan. Attachments 1.OttoTrash Cart Quote 2.Rehrig Trash Cart Quote Packet Page Number 63 of 160 G3, Attachment 1 OTTO QUOTATION DATE 5.31.2018 TO Chris Swanson FROM Juli Applegate COMPANY City of Maplewood COMPANY Otto Environmental Systems 12700 General Drive Charlotte, NC 28273 PHONE OFFICE FAX MOBILE 704-941-1808 CSR Heather McClimen 704-583-5214 Thank you for your intere-wheel carts. All of our carts are custom manufactured by color you select, hot stamp, lid stamp markings are available as well. (220) 35 gallon edge cart - $33.90 each ($7,458.00) (344) 95 gallon edge cart - $46.70 each ($16,064.80) Estimated Freight 1 load - $2500.00 Total - $26,022.80 Thank you for your consideration of containers manufactured by Otto. I certainly hope for the opportunity to provide you our products. Please let me know if you have any questions. Best regards, Juli Applegate Area Sales Manager 704-891-1808 japplegate@otto-usa.com 5ǒĻ Ʒƚ ĭƚƓƭƷğƓƷ ŅƌǒĭƷǒğƷźƚƓƭ źƓ ƷŷĻ ƩğǞ ƒğƷĻƩźğƌƭ ğƓķ ŅƩĻźŭŷƷ ƒğƩƉĻƷƭͲ ƦƩźĭĻƭ ğƩĻ ŭƚƚķ ŅƚƩ ЌЉ ķğǤƭ͵ Packet Page Number 64 of 160 G3, Attachment 2 Locations: 1000 Raco Court, Lawrenceville, GA 30046 8875 Commerce Dr, DeSoto, KS 66018 625 West Mockingbird Lane, Dallas, TX 75247 7800 100th St, Pleasant Prairie, WI 53158 Proposal 1738 W. 20th St, Erie, PA 16502 4010 East 26th St, Los Angeles, CA 90058 7452 Presidents Dr, Orlando, FL 32809 ay 29, 2018 M Proposal #: CI442 20180529 Bill-to:Ship-to: CITY OF MAPLEWOOD 1830 EAST COUNTRY ROAD B MAPLEWOOD, MN 55109 Shipping Contact: Billing Contact: Name: CHRIS SWANSON Phone: 651-249-2305 - Email: chris.swanson@maplewoodmn.gov XTENDED UNIT E ITEM DESCRIPTION QUANTITY PRICEPRICE Rollout Cart Type:95Gallon EG Cart w/ freight w/RFID481$52.50$25,252.50 Body Color Requested:TBDLid Color Requested:TBD Wheels / Casters:10" Snap on with Intergrated Spacer Rollout Cart Type:35Gallon EG Cart w/ freight w/RFID390$40.00$15,600.00 Body Color Requested:TBDLid Color Requested:TBD Wheels / Casters:10" Snap on with Intergrated Spacer One Time Artwork Fee1$650.00$650.00 Is Product Taxable?No Subtotal = $41,502.50 Is Freight taxable?NoTaxon Product = TaxRate:ExemptTruckload Freight Rate = Terms:Net 30 DaysTaxon Freight = Total =$41,502.50 ADDITIONAL INFORMATION: Contract Options:None Ship From: Erie, PA Facility Leadtime:About 5 weeks or sooner arranty: W 10year unprorated warranty Quote Valid:30Days Taxes:All applicable taxes shall be paid by the Buyer unless a proper exemption is provided and validated. PRESENTED BY:ACCEPTED BY: Tara Stotts 5/29/2018 Tara StottsDateSign and Print NameDate Customer Service Specialist-Environmental Direct: 770-339-2670 Email: tstotts@rehrig.comTitle:_________________________________________________________ To initiate order, please call or send signed proposal via fax or email to Presented By representative. AFAMILY TRADITION OF GROWTH, SERVICE AND INNOVATIONPage 1 of 1 Packet Page Number 65 of 160 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 66 of 160 H1 CITY COUNCIL STAFF REPORT Meeting Date May 29, 2018 REPORT TO:Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER: Steven Love Farrell-Ferndale Area Improvements, City Project 17-18 AGENDA ITEM: a.Assessment Hearing, 7:00 p.m. b.Resolution Adopting Assessment Roll c.Resolution Receiving Bids and Awarding Construction Contract Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City Council should hold an assessment hearing for the Farrell-Ferndale Area Improvements, City Project 17-18. Following the assessment hearing, the Council will consider approving a resolution adopting the assessment roll, as well as consider approving a resolution receiving bids and awarding a construction contract to T.A. Schifsky and Sons, Inc. Recommended Action: It is recommended that the City Council: a.Hold an assessment hearing and receive any objections. b.Motion to approve the resolution Adopting Assessment Roll for the Farrell-Ferndale Area Improvements, City Project 17-18 c.Motion to approve the Resolution Receiving bidsand Awarding Construction Contract for the Farrell-Ferndale Area Improvements, City Project 17-8,to T.A. Schifsky and Sons, Inc. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $5,221,903.32 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other:Construction Contract Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The assessments are one of the funding sources of the approved project funding plan for the proposed infrastructure improvements of the Farrell-Ferndale area. The proposed improvements continue the City’s investment into improving the condition of the infrastructure throughout the City. Packet Page Number 67 of 160 H1 Background Assessments: There are a total of 160 assessable residential and multi-family parcels within the project area. An independent appraisal firm was hired to ascertain an opinion of special benefit received by properties within the neighborhood project area. The appraisal report confirmed that the rates are reasonable. These rates are as follows: Residential o Full Reconstruction Rate = $6,600/unit (Majority of Project Area) o Partial Reconstruction Rate = $4,950/Unit (Conway Service Drive) Commercial / Multi-Family o Commercial /Multi-Family Full Reconstruction Assessment Rate = $132 Per Front- Foot o Commercial /Multi-Family Partial Reconstruction Assessment Rate = $99 Per Front- Foot As of June 5, 2018 staff has not received any objections or requests for a deferral to the proposed assessments. Objections will be received up to and as part of the assessment hearing on June 11, 2018. Once the public hearing is closed, no further objections will be considered. Staff will review all submitted objections and provide the City Council recommendations for action on those objections at the June 25, 2018 City Council meeting. Staff will coordinate with the objectors and send out the staff determination that will be recommended to the Council. This letter will also inform the property owner that if they wish to further address the City Council about the proposed assessment or staff recommendation they will be able to do so at the June 25, 2018 City Council Meeting. Bid Discussion: One valid bid was received and tabulated. A summary of the bid is shown below in Table 1. The bid has been checked and tabulated for accuracy. The engineer’s estimate for project construction cost for the base bid was $5,004,067. As seen in Table 1, the base bid from T.A. Schifsky and Sons, Inc. of $5,221,903.32 is approximately $218,000 (4%) higher than the engineer’s estimate. Staff feels the base bid is competitive and is recommending award of the base bid. Bid Tabulation - Table 1 Engineering EstimateT.A. Schifsky and Sons, Inc. Base Bid$5,004,067.00$5,221,903.32 Bid Alt. 1$54,988.00$70,236.88 Bid Alt. 2$27,325.75$33,826.88 Bid Alt. 3$19,059.00$34,240.00 Packet Page Number 68 of 160 H1 Bid Alternate 1 represented the replacement of a sidewalk along the north side of Gervais Avenue west of White Bear Avenue. The bid received for this alternate of $70,236.88 is approximately 28% higher than the engineer’s estimate. Staff is not recommending award of Bid Alternate 1. Opportunities to make these improvements will be investigated in the future. Bid Alternate 2 represented the installation of a sidewalk connection along the Maplewood Mall Ring-Road near Lydia Avenue. The bid received for this alternate of $33,826.88 is approximately 24% higher than the engineer’s estimate. Staff is not recommending award of Bid Alternate 2. Opportunities to make these improvements will be investigated in the future. Bid Alternate 3 represented the replacement of the parking lot at the Maplewood Nature Center. The bid received for this alternate of $34,240 is approximately 80% higher than the engineer’s estimate. Staff is not recommending award of Bid Alternate 3. Opportunities to make these improvements will be investigated in the future. The City has worked successfully with T.A. Schifsky and Sons, Inc. as a prime contractor in the past, most recently during the Hillwood-Crestview Area Street Improvements and the award- winning Bartelmy-Meyer Area Street Improvements. Budget Impact: The currently approved financing plan for the project is $6,288,000. The proposed construction contract is $5,221,903.32. The total project cost, including indirect costs, is anticipated to fall within the currently approved budget. No changes to the approved financing plan are recommended at this time. The estimated project costs and proposed funding plan have been reviewed by the Finance Director. Timeline: April 9, 2018 – Feasibility Report Accepted and Plans and Specifications Ordered April 23, 2018 – Project Ordered Following a Public Hearing May 14, 2018 – Plans Approve, Authorized Advertising for Bids, Assessment Roll Ordered May 29, 2018 – Assessment Roll Accepted, Assessment Hearing Ordered Attachments 1.Resolution Adopting Assessment Roll 2.Resolution Receiving Bids and Awarding Construction Contract 3.Project Location Map 4.Assessment Roll Packet Page Number 69 of 160 H1, Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on May 29, 2018, calling for a Public Hearing, the assessment roll for the Farrell-FerndaleAreaStreet Improvements, City Project 17-18 was presented inaPublic Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: None. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.That the City Engineer and City Clerk are hereby instructed to review the objections received and reportto the City Council at the regular meeting on June 25, 2018, as to their recommendations for adjustments. 3.The assessment roll for the Farrell-FerndaleAreaStreet Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto andmade a part hereof, is hereby adopted. Said assessment roll shall constitute the specialassessment against the lands named therein, and each tract of land therein included is herebyfound to be benefited by the proposed improvement in the amount of the assessment leviedagainst it. 4.Such assessments shall be payable in equal annual installments extending over a period of and 15years for residentialpropertiesand 8 years for commercial properties, the first installments to be payable on or before the first Monday in January 2019 and shall bear interest at the rate of 5.0percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on theentire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2018, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entireassessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2018, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Packet Page Number 70 of 160 H1, Attachment 1 6.The City Engineer and City Clerk shall forthwith after November 15, 2018, butno later than November 16, 2018, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 11th day of June2018. Packet Page Number 71 of 160 H1, Attachment 2 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFMAPLEWOOD, MINNESOTA that that the base bid of T.A. Schifsky and Sons, Inc.in the amount of $5,221,903.32is the lowest responsible bid for the construction of Londin-HighpointAreaStreet Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. th Approved this 11day of June2018. Packet Page Number 72 of 160 H1, Attachment 3 Packet Page Number 73 of 160 H1, Attachment 4 ParcelIDSiteAddressResidentialUnitsTotalAssessment 25292241004626697thStE1$6,600.00 25292241004726777thStE1$6,600.00 25292241004826877thStE1$6,600.00 25292241004926957thStE1$6,600.00 25292241005027037thStE1$6,600.00 25292241005127077thStE1$6,600.00 25292241005227137thStE1$6,600.00 25292241005327257thStE1$6,600.00 2529224400152705MinnehahaAveE1$6,600.00 252922440016744MayhillRdN1$6,600.00 252922440017750MayhillRdN1$6,600.00 252922440018756MayhillRdN1$6,600.00 252922440019764MayhillRdN1$6,600.00 252922440020772MayhillRdN1$6,600.00 252922440021778MayhillRdN1$6,600.00 252922440022784MayhillRdN1$6,600.00 252922440023792MayhillRdN1$6,600.00 252922440024798MayhillRdN1$6,600.00 252922440025804MayhillRdN1$6,600.00 252922440026814MayhillRdN1$6,600.00 252922440029833MayhillRdN1$6,600.00 252922440030825MayhillRdN1$6,600.00 252922440031817MayhillRdN1$6,600.00 252922440032811MayhillRdN1$6,600.00 252922440033803MayhillRdN1$6,600.00 252922440035783MayhillRdN1$6,600.00 252922440036777MayhillRdN1$6,600.00 252922440037763MayhillRdN1$6,600.00 252922440038757MayhillRdN1$6,600.00 252922440039749MayhillRdN1$6,600.00 252922440040743MayhillRdN1$6,600.00 2529224400412697MinnehahaAveE1$6,600.00 252922440045797MayhillRdN1$6,600.00 252922440046789MayhillRdN1$6,600.00 252922440047839CenturyAveN$24,222.00 252922440052831CenturyAveN2$13,200.00 362922110012690FerndaleStN1$6,600.00 3629221100142635MargaretAveE1$6,600.00 3629221100152669MargaretAveE1$6,600.00 3629221100162675MargaretAveE1$6,600.00 3629221100172681MargaretAveE1$6,600.00 3629221100182687MargaretAveE1$6,600.00 3629221100192697MargaretAveE1$6,600.00 3629221100202707MargaretAveE1$6,600.00 362922110023653CenturyAveN2$13,200.00 36292211003027255thStE1$6,600.00 36292211003127155thStE1$6,600.00 36292211003227055thStE1$6,600.00 36292211003326935thStE1$6,600.00 3629221100372674MargaretAveE1$6,600.00 3629221100382666MargaretAveE1$6,600.00 Packet Page Number 74 of 160 H1, Attachment 4 3629221100392654MargaretAveE1$6,600.00 362922110041631FarrellStN1$6,600.00 362922110042619FarrellStN1$6,600.00 36292211004426575thStE1$6,600.00 362922110046618FerndaleStN1$6,600.00 362922110047626FerndaleStN1$6,600.00 362922110048634FerndaleStN1$6,600.00 3629221100512634MargaretAveE1$6,600.00 3629221100522640MargaretAveE1$6,600.00 362922110053670FerndaleStN1$6,600.00 362922110054680FerndaleStN1$6,600.00 3629221100592663MargaretAveE1$6,600.00 36292211006126255thStE1$6,600.00 36292211006226335thStE1$6,600.00 362922110063643FarrellStN1$5,280.00 362922110064639FarrellStN1$5,280.00 362922110066609FarrellStN1$6,600.00 36292211006726675thStE1$6,600.00 362922110068646FerndaleStN1$6,600.00 362922110069644FerndaleStN1$6,600.00 3629221100702647MargaretAveE1$6,600.00 3629221100732706MargaretAveE1$6,600.00 3629221100742704MargaretAve1$6,600.00 3629221100752702MargaretAve1$6,600.00 362922120005687FerndaleStN1$6,600.00 362922120006679FerndaleStN1$6,600.00 362922120011643FerndaleStN1$6,600.00 362922120012635FerndaleStN1$6,600.00 362922120036629FerndaleStN1$6,600.00 362922120037621FerndaleStN1$6,600.00 362922120038613FerndaleStN1$6,600.00 362922120039607FerndaleStN1$6,600.00 362922120040671FerndaleStN1$6,600.00 362922120041665FerndaleStN1$6,600.00 362922120042657FerndaleStN1$6,600.00 362922120043649FerndaleStN1$6,600.00 362922130002585FerndaleStN1$6,600.00 362922130003577FerndaleStN1$6,600.00 362922130004571FerndaleStN1$6,600.00 362922130005561FerndaleStN1$6,600.00 362922130006557FerndaleStN1$6,600.00 362922130007549FerndaleStN1$6,600.00 362922130008543FerndaleStN1$6,600.00 362922130009537FerndaleStN1$6,600.00 362922130010529FerndaleStN1$6,600.00 362922130011521FerndaleStN1$6,600.00 362922130012513FerndaleStN1$6,600.00 362922130013505FerndaleStN1$6,600.00 3629221300142605ConwayAveE$29,865.00 3629221300152585ConwayAveE$30,279.15 362922130023595FerndaleStN1$6,600.00 3629221400072713FremontAveE1$6,600.00 Packet Page Number 75 of 160 H1, Attachment 4 3629221400082705FremontAveE1$6,600.00 3629221400092695FremontAveE1$6,600.00 362922140010548FarrellStN1$6,600.00 362922140011558FarrellStN1$6,600.00 362922140012570FarrellStN1$6,600.00 362922140013580FarrellStN1$6,600.00 36292214001427065thStE1$6,600.00 36292214001526985thStE1$6,600.00 362922140016592FarrellStN1$6,600.00 362922140017593FarrellStN1$6,600.00 362922140019585FarrellStN1$6,600.00 362922140020571FarrellStN1$6,600.00 362922140021559FarrellStN1$6,600.00 362922140022549FarrellStN1$6,600.00 3629221400232655FremontAveE1$6,600.00 3629221400242635FremontAveE1$6,600.00 3629221400252627FremontAveE1$6,600.00 362922140026548FerndaleStN1$6,600.00 362922140027556FerndaleStN1$6,600.00 362922140028562FerndaleStN1$6,600.00 362922140029570FerndaleStN1$6,600.00 362922140030580FerndaleStN1$6,600.00 362922140031588FerndaleStN1$6,600.00 362922140032594FerndaleStN1$6,600.00 36292214003326485thStE1$6,600.00 3629221400342646FremontAveE1$6,600.00 362922140036520FerndaleStN1$6,600.00 362922140037510FerndaleStN1$6,600.00 362922140038500FerndaleStN1$6,600.00 362922140039488FerndaleStN1$4,950.00 3629221400402643ConwayAveE1$4,950.00 3629221400412651ConwayAveE1$4,950.00 3629221400422671ConwayAveE1$4,950.00 362922140043495FarrellStN1$6,600.00 362922140044501FarrellStN1$6,600.00 362922140045509FarrellStN1$6,600.00 362922140046515FarrellStN1$6,600.00 362922140047521FarrellStN1$6,600.00 3629221400482656FremontAveE1$6,600.00 362922140049533FarrellStN1$6,600.00 362922140050532FarrellStN1$6,600.00 3629221400512700FremontAveE1$6,600.00 3629221400522708FremontAveE1$6,600.00 362922140053520FarrellStN1$6,600.00 362922140054510FarrellStN1$6,600.00 362922140055500FarrellStN1$6,600.00 3629221400562691ConwayAveE1$4,950.00 3629221400572703ConwayAveE1$4,950.00 3629221400582725ConwayAveE2$9,900.00 3629221400652714FremontAveE1$6,600.00 362922140066593CenturyAveN1.5$9,900.00 3629221400672624FremontAveE1$6,600.00 Packet Page Number 76 of 160 H1, Attachment 4 3629221400682634FremontAveE1$6,600.00 36292214006926605thStE1$6,600.00 36292214007005thStE1$6,600.00 Totals:158.5$1,114,626.15 ResidentialFullReconstructionUnitAssessmentRate:$6,600 ResidentialPartialReconstructionUnitAssessmentRate:$4,950 2585ConwayApartments TotalStreetFrontFootage:305.85 PartialReconstructionRateperFrontFoot:$99 TotalTownhomeAssessment:$30,279.15 2605ConwayApartments TotalConwayAvenueStreetFrontFootage:155 PartialReconstructionRateperFrontFoot:$99 TotalTownhomeAssessment:$15,345.00 TotalFerndaleStreetFrontFootage:110 FullReconstructionRateperFrontFoot:$132 TotalTownhomeAssessment:$14,520.00 Total2605ConwayApartmentsAssessment:$29,865.00 839CenturyAvenue TotalStreetFrontFootage:183.5 FullReconstructionRateperFrontFoot:$132 TotalAssessment:$24,222.00 831CenturyAvenue RevisedtoreflectCurrentResidentialZoning2ResidentialUnits RatePerResidentialUnit$6,600 TotalAssessment:$13,200.00 639and643FarrellStreet AssessmentRateRevisedtoreflect60footTwinHomeLots RatePerUnit:$5,280 Packet Page Number 77 of 160 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 78 of 160 J1 CITY COUNCIL STAFF REPORT Meeting Date June 11, 2018 REPORT TO:Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Steven Love PRESENTER: Joint Powers Agreement with the Valley Branch Watershed District for the AGENDA ITEM: Joy Park Spent Lime Treatment System, City Project 16-37 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City Council will consider approving the attached joint powers agreement (JPA) defining the obligations and responsibilities for the proposed Joy Park spent lime treatment system, City Project 16-37, between the City of Maplewood, the City of North Saint Paul, and the Valley Branch Watershed District. Recommended Action: Motion to approval the attached Joint Powers Agreement with the Valley Branch Watershed District and the City of North Saint Paul for the Joy Park Spent Lime Treatment System, City Project 16-37. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other:N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Silver Lake is an asset to the City and its residents. The proposed project will help protect and improve the water quality of Silver Lake. Background Valley Branch Watershed District (VBWD) is proposing to construct a spent lime stormwater runoff treatment system on City land located at the southwest corner of Lydia Avenue and Lake Boulevard. Packet Page Number 79 of 160 J1 A spent lime stormwater treatment system is an innovative way to remove phosphorus loads (particularly dissolved phosphorus loads) safely and cost-effectively. Spent lime, a common by- product of municipal drinking water treatment, is an effective filtration medium. VBWD proposes to use this technology in a regional stormwater treatment project to directly benefit the water quality of Silver Lake. Stormwater will be diverted into a filtration basin where it will filter through the spent lime medium prior to entering Silver Lake. The City of North Saint Paul (NSP) has a proposed street reconstruction project where it is not feasible to meet the water quality requirements for the project due to site restrictions and soil types. The runoff from NSP’s project area also flows to Silver Lake. Therefore, NSP is partnering with VBWD by contributing funding for the construction of a regional treatment system in order to help meet their project’s water quality requirements. This regional project is a great example of governmental agencies working together to accomplish shared goals. Budget Impact There are not budget impacts. The project construction is 100% funded by VBWD and the City of North Saint Paul. Additionally, VBWD is responsible for all site restoration with the construction project along with all future monitoring and maintenance activities. Attachments 1. JPA Spent Lime Treatment System. Packet Page Number 80 of 160 J1, Attachment 1 JOINT POWERSAGREEMENT SPENTLIMETREATMENT SYSTEM VALLEYBRANCHWATERSHED DISTRICT,CITY OFNORTH ST. PAUL, ANDCITY OFMAPLEWOOD This joint powers agreement(the“Agreement”)is enteredinto this day of , 2018 by andamong the ValleyBranchWatershedDistrict(“VBWD”), a watersheddistrict under the laws of Minnesota, the city of NorthSt.Paul(“NorthSt.Paul”),and the city of Maplewood (“Maplewood”),municipal corporations under thelaws of Minnesota, pursuantto the provisions of Minnesota Statutes,section 471.59 (the “Joint PowersAct” or “JPA”). WHEREAS,Maplewood owns property locatedat the southwestintersection of Lydia Avenue andLake Boulevard, PIDNo. 012922110003, (the“Property”),whichis depicted on ExhibitAattachedhereto; and WHEREAS,VBWD plans to constructa project(the “Project”) designed to reduce the phosphorus loading to Silver Lake; and WHEREAS, North St. Paul is not able to feasibly construct reliable stormwater management facilities for its 2018 Street Improvement Project (S.A.D. 18-01) adjacent to Silver Lake that would meet the expectations of the VBWD Board; and WHEREAS,VBWD,NorthSt.Paul,andMaplewoodwishtoenterintothis Agreementfor the purpose of specifying theirrespectiveobligationsandresponsibilitiesin implementing theconstruction of the Project,and the operations andmaintenance of the Project throughout itslifecycle. NOW,THEREFORE,in consideration of themutual undertakings herein expressed, the partiesagreeas follows: 1.Purpose. The purpose of this JPA is to specify the responsibilities of the parties for construction and long-term operation andmaintenance of the facilitiesand improvements to be constructed under the Project. 2.Description of Project; Ownership.TheProjectwill be constructed on the Property.TheProject consists of constructing a spent limetreatmentsystem(the “System”). A general depiction of the Projectis included on Exhibit B attached hereto.VBWD shall own the System. 3.Cost.Theestimatedcost of the Projectis $213,000, including construction costsand anallowancefor construction contingency andsoft costs. VBWD and North St.Paul shall be responsible forall costs of the Project. NorthSt.Paul will pay $93,000 to VBWD for the construction and maintenance of the Project for the purposes of off- site mitigation of stormwater management of the North St. Paul 2018 Street Improvement Project. Maplewood’s contributionsto the Projectshallconsistsolely of allowing construction of the Project on the Property. 1 Packet Page Number 81 of 160 J1, Attachment 1 4.Designand Construction of the Project.VBWDshall be responsiblefor the design and construction of theProjectandthe parties agreeas follows: a.VBWDshallplananddesign,advertiseandreceive bids, award the contract, administer the construction andconduct inspections of the Project. b.MaplewoodgrantstoVBWD the rightto use thePropertyfor the Project. Maplewoodagreesto cooperate withVBWDin the constructionand completion of the Project. c.VBWDand Maplewood agreeto notify andcoordinateaccessandothermatters with the owners of affected properties regardingthe construction schedule of the Project. d.VBWDshall insure thatitscontractorshallnameMaplewoodasanadditional insured. 5.IndemnityandLiability. Eachpartyagreesto indemnify and hold harmless the others fromanyclaims,losses,costs,expensesordamages, including reasonable attorney fees,resultingfrom the acts or omissions of the respectiveofficers, agents or employeesof the indemnifying partyto the extentsuchacts or omissions relatetoactivitiesconductedby the indemnifying party under thisAgreement or in the construction of the Project. Nothing hereinshall be deemed a waiver of any statutoryor common lawlimitations on liabilityavailabletoany of the partiesand no third partymaystackclaims against the parties. 6.OperationsandMaintenance. Operations andmaintenance of the System constructed pursuant to the Projectwill be the sole responsibility ofVBWD. MaplewoodgrantsVBWD the righttoenter onto the Propertyandtoinspect the monitoring devicesand other components of the System.Inexchange,VBWD agrees not tocauseanydamageto the Property.If damage occursas a result of VBWD’sactions,VBWDshallrepair the Propertyto the same or similar condition. For the purpose of deliveryofany notice requiredbythisAgreement, 7.Notices. notice shall be effectiveifdeliveredcertified or registeredUnitedStatesmail, returnreceiptrequested,postage prepaid or hand delivered to: a.As to Maplewood:CityofMaplewood 1830 County Road B East Maplewood,MN 55109-2702 Attn: CityManager b.As to VBWD:ValleyBranchWatershed District P.O Box 838 Lake Elmo, MN 55042 2 Packet Page Number 82 of 160 J1, Attachment 1 c.As to NorthSt. PaulCityofNorthSt. Paul 2400MargaretStreet North St. Paul, MN 55109 or atsuch other address asanypartymay notify the others. 8.EntireAgreement. ThisAgreementcontains the entireagreement among the partiesand supersedes alloralagreementsandrepresentationsamong the parties relatingto the subjectmatterthereof.Anyalteration,variation,modification or amendment of thisAgreementshall be valid only ifinwritingandexecutedbyall parties. 9.DataPractices.All documents regarding the Projectshall be handled inaccordance with the Minnesota DataPracticesAct. 10.Conflict of Interest.Eachparty,to the best of itsrespective knowledge, represents andagreesthat no member,official or employeeshall have any personal interest, direct or indirect,inthisAgreement or the Project nor shallanymember,official or employeeparticipateinanydecisionrelatingtothisAgreement or the Project whichaffects his or her personal financialinterests or the interest of any corporation, partnership or associationinwhich he or sheis,directlyorindirectly, interested. 11.Titles of Sections.Thetitles of sections of thisAgreementareinsertedfor convenience of reference only andshall be disregardedin constructing or interpretingany of the provisions hereof. 12.Severability.Ifanyterm or provision contained inthisAgreementisdeclaredto be invalid or unenforceable by a court of competentjurisdiction, the remaining provisions of thisAgreementshall not be affectedtherebyandshallremaininfull forceandeffectandshall be validandenforceableto the fullestextentpermittedby law. 13.Equal Opportunity.Thepartiesagreethatinthe construction, operation and maintenance of the Project they will comply withallapplicablefederal,stateand localnon-discrimination and equalemployment laws andregulations. 14.Governing Law.ThisAgreementshall be interpreted under the laws of Minnesota. 15.Counterparts.ThisAgreementmay be executedinany number of counterparts, each one of whichwill constitute one andthe sameinstrument. 16.NoWaiver.In the eventthatany provision contained inthisAgreement should be breachedbyanypartyandthereafterwaivedby the other parties,suchwaivershall be limitedto the particularbreachsowaivedandshall not be deemedtowaive any other concurrent, previous or subsequentbreach hereunder. 3 Packet Page Number 83 of 160 J1, Attachment 1 INWITNESSWHEREOF,VBWD,NorthSt.Paul,and Maplewood havecausedthis Agreement to be executed on their behalves on the datefirstwritten above. VALLEYBRANCH WATERSHED DISTRICT By: Its: Date: CITY OFMAPLEWOOD By: Nora Slawik, Mayor Date: And by: Melinda Coleman,CityManager Date: CITY OFNORTH ST. PAUL By: Mike Kuehn, Mayor Date: And by: Craig Waldron, City Manager Date: This Agreementdraftedby: WSB & Associates,Inc. 701Xenia Avenue South Suite 300 Minneapolis,MN 55416 (763)-541-4800 4 Packet Page Number 84 of 160 J1, Attachment 1 Packet Page Number 85 of 160 J1, Attachment 1 City of Maplewood City of Maplewood City of North St. Paul City of North St. Paul Silver Lake Municipal Boundaries PropertyLocation Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Exhibit A - Property Location Spent Lime Treatment System 0400 Feet ¯ 1 inch = 400 feet Packet Page Number 86 of 160 J1, Attachment 1 Packet Page Number 87 of 160 J2 CITY COUNCILSTAFF REPORT Meeting Date June 11, 2018 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Shann Finwall, AICP, Environmental Planner PRESENTOR: Shann Finwall, AICP, Environmental Planner AGENDA ITEM:Family Auto Sales, 1065 Highway 36 East A.Conditional Use Permit Resolution B.VarianceResolution Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Antonio Martinez, owner of Family Auto Sales, is requesting City approval of a conditional use permit to sell used motor vehicles in the Light Manufacturing (M-1) zoning district and a variance to allow for the use closer than 350 feet to property the Cityis planning for residential. Recommended Motion: A.Motion to approve the attached conditional use permit resolution which outlines the conditions required to sell up to nine used motor vehicles within the Light Manufacturing (M-1) zoning district at1065 Highway 36East. B.Motion to approve the attached variance resolution which allows used motor vehicle sales at 1065 Highway 36 East to be located closer than 350 feet to property the City is planning for residential. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost isN/A Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Application Date The City deemed the applicant’s applications complete on March 30, 2018. Minnesota State Statute15.99 requires that the City process the applications within 60 days of a complete application, with an additional 60 days allowed if extensions are needed. The City has extended the 60-day deadline to June 11, 2018, to allow time to process the application. Packet Page Number 88 of 160 J2 Background Antonio Martinez of Family Auto Sales is proposing to open a used motor vehicle sales lot at 1065 Highway 36 East. The proposal includes using nine of the existing parking stalls on the front (south) parking lot for the sale of used motor vehicles and adding a detail bay and office space in the interior of the building. Requests To sell used motor vehicles on the lot, the applicant is requesting that the City Council approve the following: A.Conditional use permit (CUP) to sell used motor vehicles in the Light Manufacturing (M-1) zoning district. B.Variance to allow for the sale of used motor vehicles closer than 350 feet to property the City is planning for residential. Discussion Existing Use The existing commercial building has two tenants, Garden Fresh Farms and a bakery. The owner of the building, Dave Roeser of Garden Fresh Farms, willlease space to Family Auto Sales. All three tenants will have separate tenant space in the building and shared parking on the north and south parking lots. Used Motor Vehicle Sales City code requires that used motor vehicle sales be located 350 feet to property the city is planning for residential. For the Family Auto Sales proposal, the closest property the city is planning for residential (zoned and guided residential) is located to the northwest at 2415 Cypress Street, which is 227 feet away. There is a single family house located to the north at 1041 Gervais Avenue that is zoned and guided as Light Manufacturing. This property is 130 feet from 1065 Highway 36. Whitaker Used Motors Whitaker Used Motors is located to the east at 1081 Highway 36. In 2014, Whitaker received approval of a CUP and variance to sell used motor vehicles closer than 350 feet to property the city is planning for residential. They store most of their vehiclesindoors, and are limited to ten used motor vehicles on their south parking lot. Family Auto Sales Vehicle Sales Family Auto Sales proposes to use the south parking lot to sell nine used motor vehicles.The hours of operation for motor vehicle sales will be Monday through Saturday 9 a.m. to 6 p.m. Packet Page Number 89 of 160 J2 The sales office will be located on the south side of the building. To meet accessibility requirements the customer entrance to the office will be located on the north side of the building. There will also be a second entrance on the south side of the building, up an exterior flight of stairs. Garage Bay The applicants are proposing to use the existing garage bay on the north side of the building for detailing of vehicles. Detailing includes exterior and interior cleaning, waxing, windshield repair, and minor repairs for inventory vehicles. The property owner at 1041 Gervais Avenue has expressed concern about the location of the bay and noise nuisances to his residential home. As a condition of the CUP, the applicant will be required to keep the garage bay doors closed when in use. Parking City code requires one parking space for every two employees in a warehouse/manufacturing space and one parking space for every 200 square feet of office/retail space. The property, with the three tenants, would be required to have 20 parking spaces. There are 29 parking spaces on site, leaving nine parking spaces available for used motor vehicle sales. Dave Roeser owns a vacant lot across Gervais Avenue. That lot contains a pre-existing, nonconforming gravel parking lot which is adjacent a wetland. The parking calculations do not include that parking lot, as it is a separate lot and will not be included in the CUP and variance approval. No vehicles associated with Family Auto Sales will be parked on that lot. Mr. Roeser is proposing an expansion of that lot inthe future, which will require a CUP to expand a nonconforming parking lot. Lighting The applicant is proposing to install two new LED wall pack lights on the north side of the building and one LED wall pack and one LED freestanding light on the southside ofthe building. The property ownerat 1041 Gervais Avenue has expressed concern about the lighting on the north side of the building. He indicates that Whitaker Used Motors located directly across from his property turns off their exterior lights at 8 p.m. He recommends the Family Auto Sale lights also be turned off at that time. This is a reasonable request, especially considering Family Auto Sales will only be open until 6 p.m. Conditional Use Permit City code requires that a CUP meet the following standards: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing orplanned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause anuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, Packet Page Number 90 of 160 J2 water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Only nine used motor vehicles will be parked on the south parking lot. The south parking lot is adjacent Highway 36, on the opposite side of any residential properties. As such, staff finds that the use would meet the CUP standards. Variance City code requires used motor vehicles to be located 350 feet from a property the city is planning for residential. The northwest corner of the property is located 227feet away from 2415 Cypress Street, which is zoned and guided residential. The used motor vehicle sales will take place on the south parking lot, which is located 350 feet plus from the residential property. The parking lot is not visible from the residential property. State law requires that variances shall only be permitted when they are found to be: 1.In harmony with the general purposes and intent of the official control; 2.Consistent with the comprehensive plan; 3.When there are practical difficulties in complying with the official control. “Practical difficulties” means that theproperty owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. The proposed variance would be in harmony with the intent of the ordinance. The 350 foot separation from residential property is required to buffer used motor vehicle sales activities from residents. In this case, the property is located closer than 350 feet, but the sale of the vehicles would be located on the opposite side of the building further than 350 feet from property the city is planning for residential. The use would also be consistent with the comprehensive plan since it is classified commercial and used motor vehicle sales are a commercial activity. Packet Page Number 91 of 160 J2 The applicant describes a practical difficulty in his narrative which states that the residential properties will not have sight of the used motor vehicles sales on the south because of the elevation of the parking lot being 10 to 20 feet lower than the floor level of the building. Commission Review Planning Commission May 15, 2018: The planning commission held a public hearing and reviewed thisproject. No public comment was received. The planning commission recommended approval of the conditional use permit and variance for the Family Auto Sales proposal. Department Comments Jason Brash, Building Official, states that there will be challenging conditions for meeting the accessibility code. The applicant will be required to submit the following: 1.Two sets of signed, stamped, rolled plans and a digital PDF with the building permit application. 2.All commercial building contractors doing work in Maplewood must be licensed by the City of Maplewood. 3.All plumbing, heating, gas, excavating, sewer, masonry, etc. contractors must be licensed by the City of Maplewood. 4.Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, and 2015 Minnesota Building Code. 5.Bathrooms shall meet 2015 MN Accessibility requirements. 6.Add an accessible stall on the south parking lot. An accessible aisle is marked on the plans, but the adjacent parking stall needs to be identified. 7.The Department of Agriculture regulates the bakery in this building. Verify that they have no concerns or issues with this adjacent tenant buildout. 8.Demonstrate compliance with all therequirements of the 2012 Minnesota Energy Code Chapter 1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain compliance is not an option. The following forms must be completed as submittals. a.ASHRAE 90.1-2010 Building Envelope Compliance Documentation b.ASHRAE 90.1-2010 HVAC Compliance Documentation c. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation d.ASHRAE 90.1-2010 Lighting Compliance Documentation 9.Special inspections required per 2012 IBC Chapter 17. Complete supporting special inspection schedule document and submit with application. Packet Page Number 92 of 160 J2 10. Submit plans to the Metropolitan Council for SAC determination. Confirm all plans with the City of Maplewood Engineering Department. 11. Plumbing plans shall be submitted to the State Health Department for approval prior to the issuance of a plumbing permit. Approval shall be submitted to Maplewood. Maplewood will issue the permit for DWV. Water Service is owned by St. Paul Regional WaterServices who will issue the permit for the potable water connections. 12. Separate permits are required for building, plumbing, mechanical, electrical, Health, fire alarm, and sprinklers. Citizen Comments 1.Patricia Paul, 2415 Cypress Street (mail response): Poor location, business area is small, no room for any further expansion – also not very accessible for customers with the entrance on different levels. Very limited space for that type of business. I would not object to the business if approved. 2.Paul Smith, 1041 Gervais Avenue (telephone response): The City should not approve a variance to allow the used motor vehicle sales closer than 350 feet to residential. Family Auto should follow the Citycode. Exterior lights on the north side of the building are not necessary. They will cause light pollution to the surrounding residential properties. If they are installed, the City should require that they be shut off at 6 p.m. The business across the street from my property, Whitaker, has exterior lights that shut off at 8 p.m. Parking will be a problem. Used motor vehicle sales involve shuffling cars around the lot,to and from the detail bay. What happens when they buy too many cars at an auction and they only have nine parking spaces to park them? The City should consider signing the north side of Gervais with no-parking signs. The location of the detail bay on the north side of the building, across from residential, will cause nuisances such as sound, odor, and lighting. Reference Information Site Description Site Size: 1 Acre Existing Land Use: Commercial Building with Two Tenants – Garden Fresh Farms and a Bakery Surrounding Land Uses North: Vacant Lot with Gravel Parking Area/Single Family Home/Landscape Business South: Maplewood Drive/Highway 36 East: Commercial Building – Whitaker Sports Import Car Sales West:Ebenezer Karen Baptist Church Planning Existing Land Use:Commercial Existing Zoning:Light Manufacturing (M-1) Packet Page Number 93 of 160 J2 Past Actions 1977– Design review for an additionto the building for the previous occupant Twin City Vending. Attachments 1.Conditional Use PermitResolution 2.Variance Resolution 3.Applicant Narrative 4. Location Map 5. Site Plan 6. Floor Plan 7. Lighting Plan 8.May 15, 2018, Planning Commission Minutes Packet Page Number 94 of 160 J2, Attachment 1 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Antonio Martinez, Family Auto Sales, has applied for a conditional use permit for used motor vehicle sales at 1065 Highway 36. WHEREAS, Sections 44-512 (5) of the city ordinances requires a conditional use permit for used motor vehicle sales in the Light Manufacturing (M-1) zoning district. WHEREAS, the conditional use permit is for the property at 1065 Highway 36. WHEREAS, the legal description for the property is: Section 9, Town 29, Range 22; Part Nly of Keller Pkwy of W 141 Ft Of E 491 Ft Of Sw 1/4 (subj To Hwy) In Sec 9 Tn 29 Rn 22. WHEREAS, the property identification number for the property is 09-29-22-31-0002 WHEREAS, the history of this conditional use permit is as follows: 1. On May 15, 2018, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On June 11, 2018, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Packet Page Number 95 of 160 J2, Attachment 1 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.Used motor vehicles sales is limited to nine parking spaces on the south parking lot. 2.Used motor vehicle sales is limited to Monday through Saturday, from 9 a.m. to 6 p.m. 3.Exterior improvements are limited tolighting and parking lot striping. 4.The applicant must submit a revised site plan which shows the required accessible parking stalls. 5.The applicant must submit a revised lighting plan which shows the following details: a.The style of the wall pack lights. b.The style and height of the freestanding light. c. A note on the plan that indicatesthe exterior lights on the north side of the building will automatically shut off at 8 p.m. 6.The garage bay is to beused for detailing, vacuuming, waxing, windshield repair, and minor repairs for inventory vehicles only. 7.The garage bay door must be closed when in use. 8.Test drives shall be limited to the frontage road with drives through the residential neighborhood prohibited. 9.Vehicle deliveries and transport unloading shall be done on site and not along public streets. 10.The applicant must obtain a building permit for interior improvements. 11.The applicant must obtain a Used Car Dealer business license. 12.Any signs shall be installed in accordance with the Maplewood Sign Ordinance. The city council shall review this permit in one year. The Maplewood City Council _________ this resolution on June 11, 2018. Packet Page Number 96 of 160 J2, Attachment 2 VARIANCE RESOLUTION WHEREAS, Antonio Martinez, Family Auto Sales, has applied for a variance to allow for used motor vehicle sales to be located closer than 350 feet to property the City is planning for residential. WHEREAS, Sections 44-512 (5) of City ordinances requires that used motor vehicles be located 350 feet from any property that the City is planning for residential use. WHEREAS, the applicant’s proposed use would be 227 feet from the nearest residential property the city is planning for residential use. WHEREAS, this variance applies to the property at 1065 Highway 36. WHEREAS, the legal description for the property is: Section 9, Town 29, Range 22; Part Nly of Keller Pkwy of W 141 Ft Of E 491 Ft Of Sw 1/4 (subj To Hwy) In Sec 9 Tn 29 Rn 22. WHEREAS, the property identification number for the property is 09-29-22-31-0002 WHEREAS, the history of the variance is as follows: 1.The planning commission held a public hearing on May 15, 2018. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council approvethisvariance. 2.On June 11, 2018, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described variances since: 1.The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the city ordinance attempts to buffer used motor vehicle sales activities from residents. In this case, thesales would belocated on the south parking lot, which is over 350 feet to property the city is planning for residential. 2.The use would be consistent with the comprehensive plan since it is classified commercial and used motor vehicle sales are a commercial activity. 3.There are practical difficulties in complying with the ordinance. The property is closer than 350 feet to the nearest property the city is planning for residential, but the used motor vehicle sales will take place on the south parking lot, further than350 feet from residential. The Maplewood City Council ________ this resolution on June 11, 2018. Packet Page Number 97 of 160 J2, Attachment 3 March 5, 2018 City of Maplewood, Economic Development Department 1902 County Road B East Maplewood, MN 55109 Attn: Shann Finwall CC: Dave Roeser (Owner) Antonio Martinez (Tenant) Re: 1065 Highway 36 East, PID: 092922310002 Dear Shann: We are pleased to provide this Narrative for Family Auto Sales for a Conditional Use Permit and Variance to sell used automobiles in a M1 zoning district. The property is owned by Waters Edge Enterprises, 1065 Highway 36 E, Maplewood, Minnesota (the “Property”). The tenant Family Auto Sales (“Client”) requests the approval and recommendation of approval to the City Council for a Conditional Use Permit and Variance to allow used automotive sales in the south end of the building and the south parking lot. The auto sales and display would be limited to the south parking lot and customers would be directed into the building to complete the sale. Accessible parking is restricted to the rear of the building because of the elevation of the front entry. Handicap patrons will be escorted to the rear parking lot and enter through a secure entrance. Project Overview: The site consists of approximately 0.99 acres located on Keller Parkway, North of Highway 36 and West of Highway 61. Current site consists of a 20,570-square foot, single story building, 22 parking stalls at the south parking lot, and 7 parking stalls at the north parking lot, including 2 accessible stalls. Exterior improvements will consist of new LED light fixtures and a new sign on the south of the building. Auto sales customer parking would be limited to the front parking lot, except for handicap parking in the rear. We are proposing 9 automotive stalls for used car sales to be in the front (southern) nai Architects, Inc parking lot noted on AC101. 1959 Sloan Place Suite 100 Maplewood, MN 55117 p: 651-487-3281 f: 651-487-3283 nai-architects.com Packet Page Number 98 of 160 J2, Attachment 3 Page 2 of 2 Parking per City of Maplewood parking code requirements: Warehouse/Manufacturing = 7 employees / 2 = 3.5 Auto Sales Office Area = 630 square feet / 200 = 3.2 Office Area = 2,695 square feet / 200 = 13.4 Total Stalls required = 20 Total Stalls provided = 29 Automotive sales stalls = 9 The auto detail bay in the rear of the building will be used for detailing, vacuuming, waxing, windshield repair, and minor repairs for inventory vehicles only. The hours of operation for automotive sales are Monday through Saturday 9 am to 6 pm. Approvals: Primary Lot: 092922310002 The project requires an approval for Conditional Use Permit to allow automotive sales in a M1 zoning district and a Variance to allow automotive sales within 350 feet of residential properties. The property is closer than 350 feet to the nearest residentially zoned property, the auto sales would be limited to the south of the building and southern parking lot, which is more than 350 feet from residentially zoned properties. The residential lots will not have sight of the auto sales on the south because of the elevation of the parking lot being 10-12 feet lower than the floor level. We are requesting approval for the display and sale of 9 automotive stalls in the south parking lot. Thank You for your time to review this project and we look forward to your staff recommendation of approval to the Planning Commission and Council. Yours Respectfully, YoursResppppppppppppppectfully, Shawn G Berry ShhhhhhhhhhhawnGGGGGGGGGBerry Vice President nai Architects, Inc. 1959 SLOAN PLACE, SUITE 100 | MAPLEWOOD, MN 55117 | 651.487.3281 | NAI-ARCHITECTS.COM Packet Page Number 99 of 160 J2, Attachment 4 Packet Page Number 100 of 160 J2, Attachment 5 Packet Page Number 101 of 160 J2, Attachment 6 Packet Page Number 102 of 160 J2, Attachment 7 Packet Page Number 103 of 160 J2, Attachment 8 MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 15, 2018 7:00 P.M. 1. CALL TO ORDER A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order at 7:00 p.m.by Chairperson Arbuckle. 2. ROLL CALL Paul Arbuckle, Chairperson Present Frederick Dahm, Commissioner Absent Tushar Desai,Commissioner Absent John Donofrio, Commissioner Present John Eads, Commissioner Present Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Staff Present:Michael Martin,Economic Development Coordinator Shann Finwall, Environmental Planner Planner, Jane Adade 3. APPROVAL OF AGENDA CommissionerKempemoved to approve the agenda as submitted. Seconded by CommissionerIge. Ayes – All The motion passed. 4. APPROVAL OF MINUTES CommissionerBillmoved to approve thePC minutes from the meeting of April 17, 2018 that was rescheduled to April 20,2018 as submitted. Seconded by CommissionerDonofrio. Ayes – Chairperson Arbuckle, Commissioner’s Donofrio, Eads, & Kempe Abstention –Commissioner Ige The motion passed. 5. PUBLIC HEARING 7:00 p.m. or later: Conditional Use Permit, Family Auto Sales, 1065 Highway 36 East i.Environmental Planner, Shann Finwall gave the report on the conditional use permit for Family Auto Salesat 1065 Highway 36 East and answered questions of the commission. ii.Economic Development Coordinator, Michael Martin answered questions of the commission. iii.Owner, Antonio Martinez, Family Auto Sales, 1065 Highway 36 East, Maplewood addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. Packet Page Number 104 of 160 J2, Attachment 8 Chairperson Arbuckle closed the public hearing. Commissioner Ige moved to approvethe conditional use permit and variance resolutions for 1065 Highway 36. The resolutions approvea conditional use permit to sell up to nine used motor vehicles and a variance to allow the use closer than 350 feet to property the City is planning for residential. Seconded by Commissioner Kempe. Ayes - All The motion passed. This item goes to the city council on June 11, 2018. Packet Page Number 105 of 160 J3 CITY COUNCILSTAFF REPORT Meeting Date June 11, 2018 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Shann Finwall, AICP, Environmental Planner PRESENTOR: Shann Finwall, AICP, Environmental Planner AGENDA ITEM:Urban Agriculture Ordinance Amendments Animal Agriculture Ordinances Keeping of Bees Keeping of Poultry Temporary Keeping ofGoats and Sheep Aquaponics and Aquaculture in M1 and M2 Zone CropAgriculture Ordinances Community and MarketGardens Front YardGardening and Permaculture Urban Farms Directto Consumer Sales Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The urban agriculture ordinance amendments are proposed to reduce barriers and promote urban agriculture uses within the City. The ordinance amendments will help the City meet its 2040 Comprehensive goal of creating a healthy, walkable community by providing healthyfood options and accessibility for all people, regardless of income. Recommended Motion: 1.Motion to approve the Keeping of Bees ordinance. 2.Motion toapprove the Keeping of Poultry ordinance. 3.Motion toapprove the Temporary Keeping of Goats and Sheep ordinance. 4.Motion to approve the Aquaponics and Aquaculture in M1 and M2 Zone ordinance. 5.Motion toapprove the Community and Market Gardens ordinance. 6.Motion toapprove the Front Yard Gardening and Permaculture ordinance. 7.Motion to approve the Urban Farms ordinance. 8.Motion to approve the Direct to Consumer Sales ordinance. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Packet Page Number 106 of 160 J3 Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure &Asset Mgmt. Removing barriers to urban agriculture uses by amending the City’s ordinances will give all residents access to healthy foods. 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 ofPoultry – 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. 3.Aquaculture and Aquaponics – This includes fish farming and closed-loop systems between plantsand 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 Goats and Sheep – The keeping of goats and sheep for dairy, wool, meat, and maintainingplant 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 compatiblein the City’s suburban environment. Packet Page Number 107 of 160 J3 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. The permit structure for the keeping of poultry will remain the same. The fee for the initial and bi-yearly permits will be adopted by resolution during the City Council’s review of the Environmental and Economic Development Department fees. Note:The ENR Commission recommended increasing the number of poultry from ten hens to a maximum of 30 with a permit, depending on the size of the lot. The ordinance would read: Up to ten(10) poultry on residential lots that are 10,000 square feet in area or less, with one (1) additional poultry per every 5,000 square feet of lot area over 10,000 square feet, or a maximum of thirty (30) poultry, whichever is less. The ENR Commission states that property owners with large lots should have the ability to use their land for urban agriculture purposes. Because the lots are large, the adjacent homes are further away, alleviating possible nuisances. A majority of Maplewood’s residential lotsare 10,000 square feet in areaand would be allowed up to ten hens. In order to have30 hens, the residential lot would have to be 2.5 acres in size or larger. The poultry ordinance attached include the staff and Planning Commission recommendation that the maximum number of poultry remain at ten hensregardless of lot size. 2.Beekeeping Maplewood’s ordinances are silent on the keeping of bees. The code prohibits the 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. Note: The ENRCommission recommended the front of bee hives face in toward the property. This change was proposed on May 21, 2018, after the ENR Commission’s review of the Planning Commission’s concerns that bee hives should be located further than the proposed ten feet to a public sidewalk. The reason for the change is that bees exit the beehive at the front, and will naturally fly in that direction, away from the public sidewalk. This change has been made on the attached bee ordinance. Packet Page Number 108 of 160 J3 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. 4.Temporary Keeping of Goats and Sheep Maplewood’s ordinances prohibit 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 thetemporary 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.Community and 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 concerns include 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 and Market 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 existing community gardens in the City. These are located on church, school, City, townhouse, and business properties. Two were approved through a formal city process Packet Page Number 109 of 160 J3 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 a townhouse 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. 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 tall grasses. Proposed amendments include: a.Adding text that make it clear that front yard gardening is a permitted use in all residential 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 permit on 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 of Direct 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 Commercial and Light and Heavy Manufacturing Zoning Districts only for up to four months with a permit, longer with a conditional use permit. Proposed ordinance amendment: Packet Page Number 110 of 160 J3 1.Define direct to consumer sales asthe 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. Note: The ENR Commission recommendeddirect to consumer sales be allowed for up to six months to match the state’s growing season. The direct to consumer sales ordinance attached reflect the staff and Planning Commission recommendation 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. Public Comments The spring 2018 edition of Maplewood Seasons focused on the proposed urban agriculture ordinance amendments. The public was invited to view the proposed amendments on the City’s website and submit their comments. The following comments were received: 1.Mindy Richmond, 865 O’day Street South, submitted on April 23, 2018, via e-mail: I am a Maplewood resident at 865 O’day Street South and I just wanted to let you know that I fully support the proposed changes in the Maplewood Urban Agriculture. 2.Judith Driscoll, 1896 Walter Street, paraphrased from e-mails submitted in May 2018: Supportive of the urban agriculture ordinance amendments, especially the ordinance which allows the temporary keeping of goats. Judith keeps goats on her farm. She has learned that the height of the fence around goats isn't as important as the kind of fence. She thought that a five-foot fence around the temporary keeping of goat might be cost-prohibitive for most companies and suggested allowing electrified net fencing. 3.Brittney Sandquist, Maplewood resident, submitted on May 18, 2018, via e-mail: I have tried to have chickens a few times, being denied by one of my neighbors...I just read the updated law!!!!! Just wanted to say YAY! I cannot wait to put in a new application. Thanks for all of your hard work! 4. Scott Creer, 2503 East Haller Lane, submitted on May 22, 2018, via e-mail: While I agree that the city code currently should be changed to allow the temporary keeping of goats, and I also agree uniform policy is the way to go, I still disagree with the rationale behind needing to pull a permit. People's landscaping in their front yards attracts deer and other animals, should people need to pull permits and check with the city before doing their landscaping to avoid deer walking around neighborhoods causing a nuisance? People's gardens could attract pests and animals, should they have to pull a permit for that too? People could be allergic to bees, and get stung from a bee farm in someone's back yard, but the policy doesn't require 50% approval of neighbors for that (and I am not advocating for that). Packet Page Number 111 of 160 J3 Don't get me wrong, if one of my neighbors decides to start a goat farm on their property I understand the city saying certain things need to be done. But people temporarily using goats to manage vegetation, shouldn't be a big deal and shouldn't require the city to be involved. I don't see the huge risk that would need to be avoided. I have rented goats before, I grew up around goats, they are not a huge problem to have temporarily. This just seems like city government regulating unnecessarily. Why not start without requiring a permit, and see if there are major issues? If there is a huge loose rented goat epidemic in the city over the next year, then change it to be permit required. Planning Commission Public Hearing The Planning Commission held a public hearing for the ordinance amendments on May 15, 2018. No members of the public were present for the public hearing. The Planning Commission made several motions for recommendations. The motion, vote, and dissenting reasons listed for voting against the motions are listed below: 1.Motion to approve the Poultry Ordinance passed. Planning Commissioners with dissenting votes stated they had concerns about allowing farm uses in residential areas and changing the neighborhood consent from 100 percent to a majority. 2.Motion to approve the Bee Ordinance passed. Planning Commissioners with dissenting votes stated they had concerns about neighbors with bee allergies and that the ten foot setback from a bee hive to a public sidewalk should be increased. 3.Motion to approve the Temporary Keeping of Goats and Sheep Ordinance. Planning Commissioners with dissenting votes stated they had concerns about the ordinance specifying that residential property owners could only have rental goats and sheep on a temporary basis, not their own goats or sheep. 4.Motion to approve the Aquaponics and Aquaculture ordinance. No dissenting votes. 5.Motion to approve the Community and Market Gardensand Urban Farms Ordinance. No dissenting votes. 6.The motion to approve the Front Yard Gardening was not passed. A majority of the Planning Commissioners voted against this ordinance, expressing concerns about using the entire front lawn to grow produce. 7.Motion to approve the Direct to Consumer Sales Ordinance. No dissenting votes. Environmental Commission Final Review The ENR Commission had a final review of the urban agriculture ordinance amendments on May 21, 2018. The ENR Commission recommended approval of the ordinance amendments as revised by staff and the Planning Commission with the following changes: 1.Poultry:Up to ten (10) poultry on residential lots that are 10,000 square feet in area or less, with one (1) additional poultry per every 5,000 square feet of lot area over 10,000 square feet, or a maximum of thirty (30) poultry, whichever is less. 2.Bees: Bee hives must face in toward the property. Packet Page Number 112 of 160 J3 3.Direct to Consumer Sales: Allow direct to consumer sales for up to six months. Timeline The timeline for the urban agriculture ordinance amendments are as follows: June 11, 2018: City Council June 20, 2018: Ordinance Amendments Published Attachments 1.Urban Agriculture Zoning Review 2.Urban Agriculture Ordinance Amendments a. Animal Agriculture Ordinances 1)Keeping of Bees 2)Keeping of Poultry 3)Temporary Keeping of Goats and Sheep 4)Aquaponics and Aquaculture in M1 and M2 Zone b. Crop Agriculture Ordinances 1)Community and Market Gardens 2) Front Yard Gardening and Permaculture 3)Urban Farms c. Direct to Consumer Sales 3. May 15, 2018, Planning Commission Minutes 4. May 21, 2018, Environmentaland Natural Resources Commission Minutes 5.Urban Agriculture Power Point Presentation Packet Page Number 113 of 160 J3, Attachment 1 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. Packet Page Number 114 of 160 J3, Attachment 1 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. Packet Page Number 115 of 160 J3, Attachment 1 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 Packet Page Number 116 of 160 J3, Attachment 1 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. Packet Page Number 117 of 160 J3, Attachment 2.a.1. 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 Beemeans a domestic honeybee of the species Apis mellifera Beekeeper means a person who is responsiblefor the keeping of bees on a property. Beekeeping means the keeping of bees in a hive. Hivemeans 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) Located at least five (5) feet from any property linewith the front of the hive facing in toward the property. (2)Located at least ten (10) feet from a public sidewalkwith the front of the hive facing in toward the property. (3) Located at least twenty-five (25) feet from a principal building on an adjoining lot. Packet Page Number 118 of 160 J3, Attachment 2.a.2. 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. Livestockmeans 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 bychapter 10. Poultrymeans 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: Packet Page Number 119 of 160 J3, Attachment 2.a.2. (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/sheepordinance 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, poultryor 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. This section adds language to the city’s Animal Ordinance (Chapter 10) to 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 poultrychickengrowth when supplemental heat must be provided, due to the bird’s inability to generate enough body heat. Coop means the structure for the keeping or housing of poultrychickenspermitted 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. Packet Page Number 120 of 160 J3, Attachment 2.a.2. Sec. 10-477. Purpose. It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the keeping and maintenance of poultryhensfor 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 poultrychickenson the property is prohibited. (d) Leg bandingof all chickens is required. The bands must identify the owner and the owner’s address and telephone number. (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) feetadequate roomto allow access for cleaningand maintenance. (5)Doors – one (1) standarddoor 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 beable to open for ventilation. Packet Page Number 121 of 160 J3, Attachment 2.a.2. (7)Climate control – adequate ventilation and/or insulation to maintain the coop temperature between 32 – 85 degrees Farenheit. (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 poultryhenscan access the spacebeneath, 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 poultryhensin and predators out. 3)Substrate: Composed of material that can be easily raked or regularly replacedto 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)PoultryChickensmust not be housed in a residential house or commercial buildingattached 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. Packet Page Number 122 of 160 J3, Attachment 2.a.2. (h) Unsanitary Conditions: All premises on which poultryhensare 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 in the officer removing poultrychickensfrom the premises and/or revoking a poultrychickenpermit. (i)Food Storage: All grain and food stored for the use of the poultryhenson a premise with a poultrychickenpermit shall be kept in a rodent proof container. (j) Nuisances:PoultryHensshall 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 poultrychicken carcasses 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 poultrychickensafter the applicant has obtainedsoughtthe 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 which the permit is being requested, or in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or more from any houseor 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 genusbreedand number of poultrychickensto be maintained on the premises. Packet Page Number 123 of 160 J3, Attachment 2.a.2. (c3) A site plan of the property showing the location and size of the proposed poultrychickencoop and run, setbacks from the poultrychickencoop 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 poultrychickensin a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan. (d4) Statements that the applicant will at all times keep the poultrychickensin 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 poultrychickensunder 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 poultrychickensshall 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. Packet Page Number 124 of 160 J3, Attachment 2.a.2. 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 sitethe fee for a permitis as may be imposed, set, established and fixed by the City Council, by resolution, from time to time. Sec. 10-486. Term. (7)Term. Permits issued under this division shall have a duration period of twooneyears. The first two years of a permit shall require an annual inspection after year one.The expiration 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 withthe 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. 10-481– 10-491. Reserved. Packet Page Number 125 of 160 J3, Attachment 2.a.3 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 districtfor 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. Packet Page Number 126 of 160 J3, Attachment 2.a.3 (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 Buckmeans a male goat. Doemeans a female goat. Goatmeans an animal in the subspecies of Capra Aegagrus Hircus. Grazingmeans goats or sheep eating vegetation. Officermeans 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 being requested, or in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or more from any houseor business. Packet Page Number 127 of 160 J3, Attachment 2.a.3 (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. Packet Page Number 128 of 160 J3, Attachment 2.a.3 (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 City revoking the permit and requiring the removal of the goats or sheep from the premises. (6)Nuisance: Goats or sheep shall not bekept 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. 10-502– 10-510 – Reserved. Packet Page Number 129 of 160 J3, Attachment 2.a.4. ORDINANCE NO. _______ An Ordinance Allowing Aquaponics and Aquaculture in the Light and Heavy Manufacturing Zoning Districts The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section amends the zoning code to add definitions for aquaculture and aquaponics. (Additions are underlined and deletions are stricken from the original ordinance.) Sec. 44-6. Definitions Aquaculture means the farming of aquatic organisms such as fish, crustaceans, and mollusks. It involves cultivating freshwater and saltwater aquatic populations under controlled conditions for the production and sale of fish. Aquaponics means a closed-loop system between plants and fish. It involves cultivating fish and plants in a symbiotic environment for the production and sale of fish and produce. Section 2. This section amends the Light Manufacturing (M-1) and Heavy Manufacturing (M-2) zoning districts to allow for aquaponics and aquaculture as a permitted use. (Additions are underlined and deletions are stricken from the original ordinance.) Sec. 44-636. Permitted Uses The city shall permit the following uses by right in the M-1 light manufacturing district: (6) Manufacturing, assembly or processing of: (d) Food products, except meat, poultry or fish (excluding the assembly or processing of fish associated with aquaponics or aquaculture operations). Packet Page Number 130 of 160 J3, Attachment 2.b.1. 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 districtwith 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 and is in compliance with City standards so as not to create a nuisance. Packet Page Number 131 of 160 J3, Attachment 2.b.1. (8)Anytools, 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 MaplewoodZoning 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 Packet Page Number 132 of 160 J3, Attachment 2.b.2. 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 useson each lot. ... 6.Home garden. Section 44-103. – Prohibited uses. The following uses are prohibited in the R-1 residencedistrict: 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 turfgrass 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 yardthat 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.) Packet Page Number 133 of 160 J3, Attachment 2.b.2. Sec. 12-147– Exterior property areas. (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 ordetrimental 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 turfgrasses 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. Packet Page Number 134 of 160 J3, Attachment 2.b.3. 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 Packet Page Number 135 of 160 J3, Attachment 2.c.1. ORDINANCE NO. _______ An Ordinance Allowing Direct to Consumer Sales in all Commercial 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 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, farm stands, farmer’s markets. Exterior sale of goods means the exteriorstorage, 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 districtas 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: Packet Page Number 136 of 160 J3, Attachment 2.c.1. (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. (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 Codeto 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.) Packet Page Number 137 of 160 J3, Attachment 2.c.1. Sec. 44-680. - Uses. Type of UsesPermitted (P) Conditional Use Permit (CUP) Prohibited (P) Exterior storage, display, sale or distributionof 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. Packet Page Number 138 of 160 J3, Attachment 3 MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 15, 2018 7:00 P.M. 1. CALL TO ORDER A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order at 7:00 p.m.by Chairperson Arbuckle. 2. ROLL CALL Paul Arbuckle, Chairperson Present Frederick Dahm, Commissioner Absent Tushar Desai,Commissioner Absent John Donofrio, Commissioner Present John Eads, Commissioner Present Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Staff Present:Michael Martin,Economic Development Coordinator Shann Finwall, Environmental Planner Planner, Jane Adade 3. APPROVAL OF AGENDA CommissionerKempemoved to approve the agenda as submitted. Seconded by CommissionerIge. Ayes – All The motion passed. 4. APPROVAL OF MINUTES CommissionerBillmoved to approve thePC minutes from the meeting of April 17, 2018 that was rescheduled to April 20,2018 as submitted. Seconded by CommissionerDonofrio. Ayes – Chairperson Arbuckle, Commissioner’s Donofrio, Eads, & Kempe Abstention –Commissioner Ige The motion passed. 5. PUBLIC HEARING 7:00 p.m. or later: Urban Agriculture Ordinance Amendments i. Environmental Planner, Shann Finwall gave the reporton the Urban Agriculture Ordinance Amendments and answered questions of the commission. Chairperson Arbuckle opened the public hearing. There were no speakers that came forward to address the commission. Packet Page Number 139 of 160 J3, Attachment 3 Chairperson Arbuckle closed the public hearing. The Commission decided that the best way to make motions for the urban agriculture ordinance was to make a motion on each separate section separately. If a Commission votes against that section, they should identify their rationale for voting against it.The following motions were made and voted on: Chairperson Arbuckle moved to approve the Poultry Ordinance Amendments.Comments made by the commission should be passed along to the city council in a report. Seconded by Commissioner Kempe. Ayes – Chairperson Arbuckle, Commissioner’s Ige & Kempe Nays – Commissioner’sDonofrio & Eads The motion passed. Commissioner Donofrio voted nay because Maplewood is a residential community, not a farm community. Poultry do not belong in residential areas. Commissioner Eads voted nay because he thought the City should maintain the 100 percent property ownerconsent. Chairperson Arbuckle moved to approvethe Bee Ordinance Amendments. Seconded by CommissionerIge. Ayes – Chairperson Arbuckle, Eads, & Ige Nays – Commissioner’s Donofrio, Kempe The motion passed. Commissioner Donofrio votednay because of concerns about adjacent residential property owners being allergic to bees. Commissioner Kempe said he is generally in favor of bee keeping but states that the setback for a beehive from a public sidewalk should be increased from the proposed 10 feet. Chairperson Arbuckle moved to approve the Goats/Sheep Ordinance Amendments. Seconded by Commissioner Ayes – Chairperson Arbuckle, Commissioner’s Eads, Ige, Kempe Nay – Commissioner Donofrio The motion passed. Commissioner Donofriovoted nay because hefelt the city should only allow goats or sheep on a rental basis for removal of brush from large City or development projects. Residential property owners should not be allowed to temporarily keep goats or sheep on their own. Packet Page Number 140 of 160 J3, Attachment 3 Commissioner Kempe moved to approve the Fish Ordinance Amendments. Seconded by Commissioner Ige. Ayes – All The motion passed. Chairperson Arbuckle moved to approve the Community and Market Gardens and Urban Farms Ordinance Amendments. Seconded by Commissioner Kempe. Ayes – All The motion passed. Chairperson Arbuckle moved to approve the Front Yard Gardens Ordinance Amendments with one change to include only allowing the gardening on 60% of the front yard. The motion died for a lack of a second. The motion did not pass. Commissioner Eads made a motion to approve the Front Yard Gardens Ordinance Amendments as written. Seconded by CommissionerIge. Ayes – Commissioner’s Eadsand Ige Nays – Chairperson Arbuckle, Commissioner’s Donofrio, &Kempe The motion did not pass. Commissioner Donofrio said he doesn’t think a front yard is for gardening. Residential neighborhoods should have gardening in the back yard not in the front yard. Chairperson Arbuckle agreed to front yard gardens but he wanted it to be no more than 60% of the front yard so he voted nay. Commissioner Kempemoved to approvethe Direct to Consumer Sales Ordinance Resolution. Seconded by Chairperson Arbuckle. Ayes - All The motion passed. This will go to the city council on June 11, 2018. Packet Page Number 141 of 160 J3, Attachment 4 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday,May 21, 2018 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:01 p.m.by ChairpersonRies. 2. ROLL CALL Keith Buttleman, Commissioner Present Mollie Miller, Commissioner Present Candace Okeson, Commissioner Present Ann Palzer, Commissioner Presentat 7:12 p.m. Ted Redmond, Vice Chair Present Ryan Ries, Chairperson Present Tom Sinn, Commissioner Absent Staff Present Shann Finwall, Environmental Planner Steve Love, Public Works Director There were audio difficulties on and off during the taping of the ENR meeting. 3. APPROVAL OF AGENDA Commissioner Millermoved to approve the agenda as submitted. Seconded by CommissionerOkeson. Ayes – All The motion passed. 4. APPROVAL OF MINUTES CommissionerRedmondmoved to approve the April 16, 2018, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by CommissionerButtleman. Ayes – ChairpersonRies, Commissioner’s Buttleman, Okeson & Redmond Abstention – Commissioner Miller The motion passed. 5. UNFINISHED BUSINESS a.Urban Agriculture Ordinance Amendments i.Environmental Planner, ShannFinwall reportedon the Urban Agriculture Ordinance Amendments. Packet Page Number 142 of 160 J3, Attachment 4 The Environmental Commission discussed the urban agricultureordinance and comments received by the Planning Commission.Having spent over two years working on the ordinance, which included research, field trips, and debate, the Environmental Commission recommended that the City Councilapprove the urban agriculture ordinance as they had originally recommended after their review in December. This includes allowing up to 30 poultry, depending on lot size, and allowing direct to consumer sales for up to 6 months.An additional change is recommended to address the Planning Commission’s concerns regarding the bee hive setback to a public sidewalk. The changes are as follows: 1.Poultry:Up to ten (10) poultry on residential lots that are 10,000 square feet in area or less, with one (1) additional poultry per every 5,000 square feet of lot area over 10,000 square feet, or a maximum of thirty (30) poultry, whichever is less. 2.Bees: Bee hives must face in toward the property. 3.Direct to Consumer Sales: Allow direct to consumer sales for up to six months. CommissionerMillermoved toapprove the Urban Animal Agriculture Ordinances.Increasing the number of hens from 10 to 30depending on lot sizeand requiring that bee hives face in toward the property. Seconded by Commissioner Redmond. Ayes - All Commissioner Miller moved to approve the Crop Agriculture Ordinances. Seconded by Commissioner Redmond. Ayes – All Commissioner Miller moved to approve the Direct to Consumer Sales Ordinances.Amending the direct sales time from four months to six months. Seconded by CommissionerRedmond. Ayes – All The motion passed. This item will go to the city council June 11, 2018. Staff will send out an email to the commission to see who will be the ENR representative at the city council meeting. Packet Page Number 143 of 160 J3, Attachment 5 Packet Page Number 144 of 160 J3, Attachment 5 Packet Page Number 145 of 160 J3, Attachment 5 Packet Page Number 146 of 160 J3, Attachment 5 Packet Page Number 147 of 160 J3, Attachment 5 Packet Page Number 148 of 160 J3, Attachment 5 Packet Page Number 149 of 160 J3, Attachment 5 Packet Page Number 150 of 160 J3, Attachment 5 Packet Page Number 151 of 160 J3, Attachment 5 Packet Page Number 152 of 160 J3, Attachment 5 Packet Page Number 153 of 160 J3, Attachment 5 Packet Page Number 154 of 160 J3, Attachment 5 Packet Page Number 155 of 160 J3, Attachment 5 Packet Page Number 156 of 160 J3, Attachment 5 Packet Page Number 157 of 160 J3, Attachment 5 Packet Page Number 158 of 160 J3, Attachment 5 Packet Page Number 159 of 160 J3, Attachment 5 Packet Page Number 160 of 160