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Home My WebLink About2024-12-09 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 9, 2024 City Hall, Council Chambers Meeting No. 24-24 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m.by Mayor Abrams. Mayor Abrams shared the events Maplewood Public Safety is participating in: Shop with a Cop, Angel Tree program, and the Santa Parade that will take place on December 21. B. PLEDGE OF ALLEGIANCE Lydia Sekevitch and Mary Lennes, students at Saint Agnes School, led the council in the pledge of allegiance. C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA Councilmember Lee moved to approve the agenda as submitted. Seconded by Councilmember Cave Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. November 25, 2024 City Council Workshop Meeting Minutes Agenda item B was corrected to read: Nikki Villavicencio, Councilmember Present – Attended remote via Zoom Councilmember Lee moved to approve the November 25, 2024 City Council Workshop Meeting Minutes as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. November 25, 2024 City Council Meeting Minutes Councilmember Cave moved to approve the November 25, 2024 City Council Meeting Minutes as submitted. December 9, 2024 City Council Meeting Minutes 1 Seconded by Councilmember Lee Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Sable gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations None 3. Resolution of Appreciation for Ramsey County Commissioner Victoria Reinhardt Mayor Abrams spoke on the years of service of Commissions Reinhardt and then read the resolution of appreciation. Commissioner Reinhardt was presented a custom Maplewood street sign. Commissioner Reinhardt addressed council and expressed gratitude. Councilmember Juenemann moved to approve the resolution of appreciation honoring the 28 years of leadership and service of Ramsey County Commissioner Victoria Reinhardt. Resolution 24-12-2366 RESOLUTION HONORING THE 28 YEARS OF LEADERSHIP AND SERVICE OF RAMSEY COUNTY COMMISSIONER VICTORIA REINHARDT Whereas, Commissioner Victoria Reinhardt has dedicated 28 years of service as a Ramsey County Commissioner, demonstrating unwavering commitment to the residents of Ramsey County and to the City of Maplewood; and Whereas, throughout her tenure, Commissioner Reinhardt has been an influential leader in environmental activism. She was a founding board member and chairperson of the Recycling Association of Minnesota from 1989 to 1991, as well as the chairperson of the City of White Bear Lake Recycling Advisory Committee, championing sustainable practices across our communities; and Whereas, her distinguished career has included significant recognition. In 2000, she was given the Bruce F. Vento Distinguished Service Award by the Minnesota Coalition for the Homeless, in 2001 Metro State University recognized her as a “Woman of Vision and Courage” in 2005 she was named “Alumni of the Year,” in 2012 Commissioner Reinhardt was named County Commissioner of the year by the Association of Minnesota Counties; and Whereas, Commissioner Reinhardt currently serves as the Vice-Chairperson of the Ramsey/Washington Recycling and Energy Board and contributes her expertise to the Partnership on Waste and Energy, as well as the Energy, Environment, and Land Use Steering Committee of the National Association of Counties, promoting responsible waste management and environmental stewardship; and Whereas, Commissioner Reinhardt has been a tireless advocate for the City of Maplewood, ensuring the voices of its residents are represented, addressing the needs of December 9, 2024 City Council Meeting Minutes 2 vulnerable populations, and fostering collaboration among communities across Ramsey County. Now, Therefore, Be It Resolved that the Mayor and City Council of Maplewood, Minnesota, formally recognize and celebrate Commissioner Victoria Reinhardt for her 28 years of dedicated service and outstanding leadership, extending gratitude for her commitment to the environment, community advocacy, and collaborative spirit; and Be It Further Resolved that this resolution serves as an expression of the City of Maplewood's profound appreciation for Commissioner Reinhardt’s contributions and a commendation of her continued impact on the quality of life within Maplewood and Ramsey County Seconded by Councilmember Cave Ayes – All The motion passed. 4. Resolution for Commissioner Appointment City Manager Sable gave the staff report. Councilmember Lee moved to approve the resolution to appoint the candidate to the commission as indicated below. Resolution 24-12-2367 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: Parks & Recreation Commission (one opening) Russell Smith term expires April 30, 2027 Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Resolution Accepting Donation from Merit Chevrolet to Public Safety Department Fire & EMS Chief Mondor gave the staff report. Councilmember Juenemann moved to approve the resolution accepting the donation made by Merit Chevrolet. Resolution 24-12-2368 EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE MAPLEWOOD PUBLIC SAFETY DEPARTMENT WHEREAS, Merit Chevrolet has presented to the Maplewood Public Safety Department a donation in the amount of $500.00; and December 9, 2024 City Council Meeting Minutes 3 WHEREAS, this donation is intended for the purpose to benefit the Department’s employee recognition and wellness initiatives; and WHEREAS, the Maplewood City Council is appreciative of the donation and commends Merit Chevrolet for their civic efforts, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1. The donation is accepted and acknowledged with gratitude; and 2. The donation will be appropriated for the Public Safety Department as designated; and 3. The appropriate budget adjustments be made. Seconded by Councilmember Cave Ayes – All The motion passed. G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Councilmember Juenemann moved to approve agenda items G1-G10. Seconded by Councilmember Lee Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,109,470.39 Checks # 122139 thru # 122181 dated 11/26/24 $ 39,718.99 Checks # 122182 thru # 122329 dated 11/27/24 $ 62,763.71 Checks # 122330 thru # 122350 dated 12/03/24 $ 586,470.23 Disbursements via debits to checking account dated 11/18/24 thru 12/01/24 $ 1,798,423.32 Total Accounts Payable December 9, 2024 City Council Meeting Minutes 4 PAYROLL $ 760,532.52 Payroll Checks and Direct Deposits dated 11/22/24 $ 760,532.52 Total Payroll $ 2,558,955.84 GRAND TOTAL Seconded by Councilmember Lee Ayes – All The motion passed. 2. Fee Schedule 2025 Ordinance a. Ordinance Establishing 2025 Fee Schedule b. Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) Councilmember Juenemann moved to adopt the ordinance establishing a fee schedule for 2025. Ordinance 1049 AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR 2025 Section I. The Maplewood City Council adopts the following schedule to the Maplewood Code of Ordinances: Section II. The fees established in this ordinance supersede all fees established by ordinance, resolution, or policy prior to this ordinance. Section III. Any unpaid fees or charges constitute a service charge the City may collect pursuant to its authority under Minnesota Statutes, Sections 415.01, Subdivision 1 and Minnesota Statutes 366.012 by certifying the unpaid amount to the County Auditor for collection together with the property taxes imposed on the affected property or on any other property the person may own in the State. City of Maplewood - 2025 Fee Schedule CITY CLERK 2025 LICENSING ANIMAL PERMITS/REGISTRATIONS (initial AND renewal, unless noted otherwise) Dangerous/Potentially Dangerous Dog Registration $150.00 Dangerous Dog $100.00 Potentially Dangerous Dog $100.00 Appeal Request $3.00 Tag $10.00 Sign Poultry Permit (2yr permit) Initial Application $75.00 Renewal $50.00 Goat Permit December 9, 2024 City Council Meeting Minutes 5 Temporary Keeping of Goats Permit $75.00 Renewal $75.00 RESIDENTIAL LICENSES/PERMITS/REGISTRATIONS (initial AND renewal, unless noted otherwise) Home Occupation License Initial Application Set by CD Renewal $63.00 Recreational Vehicle Permit $15.00 LIQUOR LICENSES (initial AND renewal, unless noted otherwise) Off-Sale Licenses 3.2% Malt Liquor $350.00 Intoxicating Liquor $200.00 On-Sale Licenses 3.2% Malt Liquor $500.00 Wine $2,000.00 Club $300.00 -Under 200 Members $500.00 -Between 201 and 500 members $650.00 -Between 501 and 1,000 members $800.00 -Between 1,001 and 2,000 members $1,000.00 -Between 2,001 and 4,000 members $2,000.00 -Between 4,001 and 6,000 members $3,000.00 -Over 6,000 members Intoxicating Liquor $7,000.00 -Class A $8,500.00 -Class B $11,000.00 -Class C $4,667.00 -Class E 2AM $300.00 -Up to $100,000 in on sale gross receipts for alcoholic beverages $750.00 -Over $100,000, but not over $500,000 in on sale gross receipts for alcoholic beverages $1,000.00 -Over $500,000 in on sale gross receipts for alcoholic beverages $200.00 -3.2% On Sale Malt Liquor licensees or Set Up license holders $200.00 -Did not sell alcoholic beverages for a full 12 months prior to this application $200.00 Sunday Sales $200.00 Patio BUSINESS LICENSES/PERMITS/REGISTRATION (initial AND renewal, unless noted otherwise) Alarm System Permit - Business $57.00 Amusement Park License $388.00 Automobile & Trailer Rental License 1st Five Rental $46.00 Each Additional Rental $13.00 Body Art Establishment License December 9, 2024 City Council Meeting Minutes 6 $309.00 Business Registration $40.00 Cannabis Retail Registration Microbusiness with retail operations endorsement - at time of initial registration $1,000.00 1st annual renewal $0.00 2nd annual renewal and all subsequent annual renewals $1,000.00 Mezzobusiness with retail operations endorsement - at time of initial registration $1,500.00 1st annual renewal $0.00 2nd annual renewal and all subsequent annual renewals $1,000.00 Retailer - at time of initial registration $1,500.00 1st annual renewal $0.00 2nd annual renewal and all subsequent annual renewals $1,000.00 Lower-potency hemp edible retailer - at time of initial registration $250.00 1st annual renewal $0.00 2nd annual renewal and all subsequent annual renewals $125.00 Catering Food Vehicle 1st Vehicle $129.00 Each Additional Vehicle $89.00 Fleet (6+ Vehicles) $347.00 Cigarette and Tobacco License $250.00 Commercial Kennel License $85.00 Courtesy Bench License 1st Bench $69.00 Each Additional Bench $41.00 Currency Exchange Review $356.00 Food Establishment License Full Service $673.00 Seasonal (6mo or less) $337.00 Special Food Handling $103.00 Mobile Food Unit Mobile Food Unit - TCS Foods - 1st Vehicle $181.00 $89.00 - Each Additional Vehicle $520.00 - Fleet (6+ Vehicles) Mobile Food Unit - Non TCS Foods - 1st Vehicle $76.00 $46.00 - Each Additional Vehicle $176.00 - Fleet (6+ Vehicles) Gasoline Station License 1st Pump $183.00 Each Additional Pump $15.00 Lodging Establishments License 1 - 15 Units $124.00 December 9, 2024 City Council Meeting Minutes 7 16 - 35 Units $169.00 36 - 100 Units $311.00 Over 100 Units $356.00 Motor Vehicle Repair License $162.00 Pawn Shop License $10,218.00 Massage Center $259.00 Therapist $224.00 Public Pool License Hot Tubs $118.00 Indoor Swimming Pool $118.00 Outdoor Swimming Pool $118.00 Combination -any property with 2 or more licensed pools is assessed a combination fee $162.00 Secondhand Dealer License $367.00 Solid Waste Collection License $250.00 Used Car Dealer License $333.00 Annual License/Permit/Registration - Late Fee $25.00 or 10%, whichever is greater Penalty for sale without valid cannabis retail registration $2,000.00 TEMPORARY LICENSES/PERMITS Amusement Permit (Carnival /Carnival Rides/Circus) $381.00 Body Art Event $100.00 Cannabis Events - see Large Assembly Permit for fees Christmas Tree Lot Permit $231.00 Fireworks - Pyrotechnic Display Permit $250.00 Fireworks - Retail Sales Permit Exclusive Firework sales $350.00 Firework sales with other merchandise $100.00 Food Service Permit Per Day (received 7 days or more prior to event) $55.00 Per Day (received 2-6 days prior to event) $80.00 Seasonal Temporary (per location and for 6 months or less) $181.00 Large Assembly Permit 0 - 4 food vendors $258.00 December 9, 2024 City Council Meeting Minutes 8 5 - 14 food vendors $515.00 15 + food vendors $773.00 Cash Escrow to cover health items 1 - 14 food vendors $500.00 15+ food vendors $1,000.00 Outside health inspectors Actual Cost Local Lawful Gambling $58.00 MCC On-Sale Liquor Catering $50.00 Maplewood Providers $100.00 Non Maplewood Providers Multiple Day Event additional fee for reset $200.00 Noise Control Waiver Permit $15.00 On-Sale 3.2 Beer License $55.00 On-Sale Intoxicating Liquor License $204.00 One-Time Event Permit $225.00 Special Event Permit 0 food vendors $103.00 1 - 4 food vendors $250.00 Tent Permit $52.00 Transient Sales Permit Up to 5 Days $27.00 6+ Days $106.00 BACKGROUND INVESTIGATIONS Liquor $500.00 Body Art Establishment $250.00 Cigarette & Tobacco Sales $135.00 Lawful Gambling $250.00 Personal Services $135.00 Secondhand Dealer $135.00 Pawn Shop $500.00 ELECTIONS December 9, 2024 City Council Meeting Minutes 9 Filing Fee $5.00 Precinct Boundaries and Polling Locations Map 11" x 17" $3.00 City Map with Street Index 11” X 17” $3.00 City Map with Street Index 24" x 36" $5.00 DATA PRACTICES Data Subjects Paper or Electronic No fee if it takes less than 15 minutes of staff time to transmit electronic copies; otherwise the fee may include (1) actual employee time to make/transmit copies; (2) $0.15 per page, black and white single sided; (3) $0.75 per page, color copy single sided; (4) CD/DVD $0.50; (5) flash drive 8GB $2.50, (6) standard USPS mailing fee Members of the Public Paper copies No fee if 10 or fewer pages requested; otherwise $0.25 per page, black and white single sided if under 100 pages; If more than 100 pages the following fees may apply: (1) actual employee time to search and retrieve and make copies if it takes more than 15 minutes of staff time plus the cost of materials ($0.15 per page, black and white single sided; $0.75 per page, color copy single sided) and standard USPS mailing fee Electronic copies Actual employee time to search and retrieve and make electronic copies if it takes more than 15 minutes of staff time. If the request includes making copies on a media the following additional fees apply:CD/DVD $0.50, flash drive 8GB $2.50 and standard USPS mailing fee City Maps City map with street index 11"x17" $3.00 City map with street index 24"x36" $5.00 COMMUNICATIONS 2025 Partnership Packages & Rates (Please note: Packages may be customized at the discretion of the Communications Manager, which may change the price of the package) Maplewood Leaders * Color ¼ - page ad in all 12 editions of Maplewood Living, the City’s official newsletter $9,500.00 distributed to more than 17,000 homes; sponsorship of 5 city events. Maplewood Friends * Color ¼ page ad in every other edition of Maplewood Living (6 months), the City’s $5,200.00 official newsletter distributed to more than 17,000 homes; sponsorship of 3 events Ad Rates for Maplewood Living Distributed to 20,000 households monthly - 1/4 Page - Approximately 3.75' (w) x 4.5" (h) Single Run $650.00 4 Ad Package $2,500.00 6 Ad Package $3,600.00 12 Ad Package $6,600.00 Customizable package rates: December 9, 2024 City Council Meeting Minutes 10 Single event* $700.00 Three event package $2,000.00 Events include: 4th of July (expected crowd 2,000 people); Touch-a-Truck (up to 600 people); Summer in the Park events (up to 400 people); other events TBD COMMUNITY DEVELOPMENT 2025 Permits *Stated permit fees do not include the surcharge imposed on most permits by the State of Minnesota. Building Permits Based on Valuation Total Valuation: $1.00 to $500.00 $28.05 $501.00 to 2,000.00 $28.05 for the first $500.00 plus $3.62 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $82.35 for the first $2,000.00 plus $16.42 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $460.01 for the first $25,000.00 plus $11.97 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $759.26 for the first $50,000.00 plus $8.36 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,177.26 for the first $100,000.00 plus $6.68 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,849.26 for the first $500,000.00 plus $5.57 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,634.26 for the first $1,000,000.00 plus $4.46 for each additional $1,000.00, or fraction thereof Residential Electrical Permit Fee (Single family homes, apartments, and condominiums) *Residential electrical permit fees are the greater of the total inspection fee or total service and circuit calculation plus the administrative fees Inspection Fees Minimum Fee $50.00 Inspection / Reinspection Fee $50.00 per Inspection Residential Maximum Fee (200 amps or Less) $200.00 All Other Fees N/A New or Repair Services/Power Supply 0 to 300 amp $55.00 400 amp $71.00 Each Additional 100 amps $16.00 Transformers and Generators 1 to10 kVA $5.00 11 to 74 kVA $45.00 75 to 299 kVA $60.00 Over 299 kVA $165.00 Feeders/Circuits 0 to 100 amps $9.00 101 to 200 amps $15.00 Each Additional 100 amps $6.00 December 9, 2024 City Council Meeting Minutes 11 Solar Fees 0 to 5 kw $90.00 5.1 to 10 kw $150.00 10.1 to 20 kw $225.00 20.1 to 30 kw $300.00 30.1 to 40 kw $375.00 Over 40 kw $375.00 plus $25.00 for each additional 10 KW Other Fees Residential Panel Replacement $110.00 Residential Sub Panel $45.00 Apartment Buildings $90.00 per unit Retrofit Lighting $0.85 per fixture Sign Transformer or Driver $9.00 per transformer Swimming Pools and Hot Tubs $100.00 plus $9.00 per circuit Residential additions, remodels or basement finishes (up to 10 circuits and two $100.00 inspections) Residential Accessory Structures $55.00 plus $9.00 per circuit Traffic Signals $8.00 per standard Street Lights and Parking Lot Lights $5.00 per standard Low Voltage Fire Alarm, Heating and Air Conditioning Controlling Wiring $0.85 per device Electronic Inspection of AC, Furnace, Bath Fan, Fireplace, Water Heater Vent $40.00 Receptacle Hourly Rate for Carnivals $90.00 Administrative Fees State Surcharge $1.00 Administrative Fee $9.50 Commerical Electrical Permit Fees (Based on electrical valuation) Electrical Work Valuation: $1.00 to $1,000.00 $50.00 Per trip $1,001.00 to 2,000.00 $50.00 for the first $1,000.00 plus $3.25 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $82.00 for the first $2,000.00 plus $14.85 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $423.55 for the first $25,000.00 plus $10.70 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $691.05 for the first $50,000.00 plus $7.45 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,063.55 for the first $100,000.00 plus $6.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,463.55 for the first $500,000.00 plus $5.10 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,013.55 for the first $1,000,000.00 plus $4.00 for each additional $1,000.00, or fraction thereof Other Commerical Electrical fees Reinspection fee (in addition to all other fees) $50.00 Per trip December 9, 2024 City Council Meeting Minutes 12 Investigative fee (working without permit) The fee is doubled Commercial Electrical Administrative Fees State Surcharge (see State of Minnesota for surcharge based on valuation) Administrative Fee $9.50 Manufactured Home Permit Fee New installation or replacement $175.00 Residential Mechanical Permit Fee Minimum fee $40.00 Gas piping – Repair or new installation $40.00 Gas or oil fired furnace or boiler $40.00 Warm air furnace or hot water heating system $40.00 Construction or alt.of any warm air furnace per unit Construction or alteration of each hot $40.00 water system Installation or replacement of each hot water system per unit Per unit heaters based on first 100,000 BTU input Air conditioning – new or replacement $40.00 Wood burning furnace per unit $40.00 Swimming pool heater per unit $40.00 Air exchanger $40.00 Gas or oil space heater per unit $40.00 Gas direct vent heater per unit $40.00 Gas fireplace, Gas log or insert $40.00 In floor Heat system $40.00 Furnace $120.00 Other $40.00 Commercial Mechanical Permit Fee All commercial work 1.5% of estimated job cost + $78.00 Mechanical plan review 25% of the permit fee Residential Plumbing Permit Fee Minimum fee (includes one fixture opening) $45.00 Each additional fixture opening $10.00 Commercial Plumbing Permit Fee All commercial work 1.75% of estimated job cost Plus $91.00 Sign Permits Billboard $500.00 Dynamic Display Sign $175.00 Dynamic Display Sign Yearly License Fee $175.00 Freestanding Sign $175.00 Temporary Sign $45.00 Wall Sign $110.00 Residential Permit Flat Fee Windows $145.00 Deck $145.00 Residential roof $145.00 Residential egress window $145.00 Residential siding $145.00 Residential Solar Permits $200.00 December 9, 2024 City Council Meeting Minutes 13 Above-Ground Pools $145.00 In-Ground Pools $145.00 Drain tile $145.00 Building relocation $100.00 Miscellaneous Fees Plan Review Fee When a building permit is required and a plan is required to be submitted, a plan review Plan review fees for all buildings shall be sixty five fee shall be paid. The plan review fees specified are separate fees from the permit fees percent (65%) of the building permit fee, except as specified and are in addition to the permit fees. modified in M.S.B.C. Section 1300. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee shall be charged at the above rate. Expiration of plan review: Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Refund Fee The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has paid is withdrawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. Investigation Fee If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee, in addition to the permit fee, shall be collected. The investigation fee shall be no more than the amount of the permit fee required. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the city code nor from any penalty prescribed by law. Demolition Fee Structures not connected to utilities $95.00 Structures connected to city utilities $220.00 Other Inspections and Fees Inspections outside of normal business hours (minimum 2 hour charge) $100.00 per hour Re-inspection fees $100.00 per hour Re-inspection fees from Health Officer on pools $100.00 per hour Inspections with no specific fee indicated (minimum 1/2 hour charge) $100.00 per hour Investigation Fee $100.00 per hour Interior Preparation fee $100.00 Occupancy permit $100.00 Replacement of inspection record card $50.00 Re-issue of approved plans $50.00 Housing with services inspection fee $50.00 State Surtax Collected Permits with a flat fee $1.00 per permit Permits based on valuation Calculated based on the permit valuation December 9, 2024 City Council Meeting Minutes 14 Use of outside consultants for plan review, inspections and similar costs Actual costs* *Actual costs include administrative and overhead costs. Miscellaneous Service Fees Abatement Fee (Community Development and Public Works) $300.00 Contractor License / Truth-in Housing Evaluator License $130.00 Trash Hauling Exemption (Opt-Out) $35.00 Tree replacement fee for trees that cannot be replaced on site $60.00 per caliper inch Truth-in-Housing Filing Fee $30.00 Reasonable Accommodation License Application $50.00 Escrow Deposit $1,000.00 Health Fees Restaurant Plan Review Existing restaurant $330.00 New restaurant $685.00 Lodging Plan Review 1 - 15 units $200.00 16+ units $250.00 Mobile Food Unit Plan Review $250.00 Administrative Penalties First Offense Level One Violation $50.00 Level Two Violation $100.00 Level Three Violation $400.00 Second Offense (within 24 month of prior) Level One Violation $100.00 Level Two Violation $200.00 Level Three Violation $800.00 Third/Subsequent Offense (within 24 months of at least two) Level One Violation $200.00 Level Two Violation $400.00 Level Three Violation $1,000.00 Planning Fees Planning Fees Administrative Variance $500.00 Building Relocation $925.00 1 Comprehensive Plan Amendment $1,650.00 1,3 Conditional Use Permit (CUP) $1,650.00 1,3 CUP Revision $1,000.00 1,3 Community Garden CUP $825.00 1,3 Community Garden CUP Revision $500.00 2 Final Plat $430.00 Front Yard Setback Authorization $500.00 Home Occupation $1,385.00 1 Lot Divisions $500.00 December 9, 2024 City Council Meeting Minutes 15 1,3 Planned Unit Development $2,735.00 3 Preliminary Plat $2,050.00 Preliminary Plat Revision or Extension $990.00 1 Public Vacation $1,200.00 1 Rezoning $1,650.00 1 Variance $1,385.00 Woodlot Alteration Permit $375.00 Zoning Compliance Letter $100.00 1County Recording Fee (In Addition to Planning Application Fee) $46.00 2 Plat Opinion Letter Fee (In Addition to Planning Application Fee) $200.00 3 Development Sign Fee (In Addition to Planning Application Fee) $200.00 Community Design Review Commercial/Multi-family $1,650.00 Minor Construction $500.00 Residential $500.00 Revision $500.00 Comprehensive Sign Plan $500.00 3 Development Sign Fee (In Addition to Community Design Review Fee) $200.00 Tax-Exempt and Tax Increment Financing Fees Tax-Exempt and Mortgage Revenue Financing Amount paid with application (non-refundable)* $0.00 Base charge (% of bond issue) par on the first $20 million due at closing 1.00% Par on portion in excess of $20 million due at closing 0.10% Refinancing Fee 50% of the above The City will be reimbursed for any technical changes to a bond issue previously issued at 25% of the above schedule. Tax Increment Financing Application Fee (non-refundable) $6,760.00 Escrow Deposit $5,000.00 Code Enforcement Fees Excessive Consumption of Inspection Services Third Inspection $75.00 Fourth Inspection $100.00 Each Additional Inspection $150.00 Nuisance Abatement (Community Development and Public Works) Abatement Fee $300.00 Administrative Fee 25% of abatement cost Abatement Cost 100% of the cost to complete the abatement Rental Licensing Fees Rental Dwelling License Annual License $150.00 plus $50.00 per unit First Re-Inspection $0.00 Second Re-Inspection $250.00 Third and Subsequent Re-Inspection $500.00 Sacred Community Micro-Units $50.00 per unit December 9, 2024 City Council Meeting Minutes 16 FINANCE 2025 Miscellaneous Fees Late Penalty (Utility Accounts, Abatements, False Alarms, Etc.) (One-time charge if 5% invoice is not paid within 30 days.) NSF $30.00 Special Assessment Certification Fee 10% Credit Card Convenience Fee Credit Card Processor will charge a fee. Utility Rates Sewer St. Paul (100 cubic ft) (ave 22 units per qtr) $4.41 Other (1,000 gallons) (ave 16.5 units per qtr) $5.89 Minimum charge - quarterly $24.75 Flat rate for well accounts $66.81 EUF Residential charge - quarterly $29.79 Discount fee for raingardens (Little Canada 70%) $20.86 Multi Family - monthly $63.11 Institutional - monthly $76.80 Commercial - monthly $98.25 Recycling Base Quarterly charge $17.91 Additional Cart Fee per Quarter $0.00 Water Surcharge St. Paul - % of St. Paul water bill (ave $50/qtr) 22 units per quarter ave for family of 4 7.00% N. St. Paul - quarterly $3.60 Trash Hauling 20 EOW - Bi-Monthly - Rates reflect all taxes and fees and the City's $0.75 per household $26.89 cart fee. 20 Gallon - Bi-Monthly - Rates reflect all taxes and fees and the City's $0.75 per $27.99 household cart fee. 35 Gallon - Bi-Monthly - Rates reflect all taxes and fees and the City's $0.75 per $34.00 household cart fee. 65 Gallon - Bi-Monthly - Rates reflect all taxes and fees and the City's $0.75 per $51.08 household cart fee. 95 Gallon - Bi-Monthly - Rates reflect all taxes and fees and the City's $0.75 per $65.13 household cart fee. Yard Waste Rate (per season - for residents who opt in) (no tax on yard waste) $146.00 Bulky Items Rates (Appliances, Electronics, Furniture, etc.) (plus tax) $10.50-$37 Spring Clean Up Day Disposal Fees - fees per vehicle load: Car $25.00 SUV $30.00 Pick Up Truck $35.00 Van $40.00 Cargo Van $45.00 Moving Van (Up to 10') $80.00 Moving Van (10 to 16') $105.00 Moving Van (Over 16') Not Allowed Trailer (Up to 8') * $55.00 Trailer (8 to 16') * $105.00 December 9, 2024 City Council Meeting Minutes 17 Trailer (Over 16') * Not Allowed * - Trailer fee in addition to vehicle fee (if items are in vehicle). FRANCHISE FEES Gas Utility Monthly Franchise Fee Residential $3.00 Commercial Non Demand $12.00 Commercial Demand $100.00 Small Interruptible $75.00 Medium & Large Interruptible $110.00 Firm Transportation $2.50 Interruptible Transportation $2.50 Electric Utility Monthly Franchise Fee Residential $4.25 Small C&I Non-Demand $5.50 Small C&I Demand $30.00 Large C&I $180.00 Public Street Lighting $9.75 Municipal Pumping Non-Demand $8.25 Municipal Pumping Demand $10.75 Cable Franchise Fee Cable Franchise Fees - Monthly 5% of gross revenue Cable PEG Fees - Monthly 2% of gross revenue PARKS & NATURAL RESOURCES 2025 Parks Wakefield Park Community Building Monday-Thursday Meeting Rates: Between 8a-4p (per hour, 2hr min) $50.00 Monday-Thursday Meeting Rates: Between 8a-4p Additional Hours (per hour) $50.00 Monday-Thursday Regular Rental: 4hrs - Resident $150.00 Monday-Thursday Regular Rental: 4hrs - Non Resident $190.00 Friday-Sunday Regular Rental: 4hrs - Resident $200.00 Friday-Sunday Regular Rental: 4hrs - Non Resident $250.00 Friday-Sunday Regular Rental: 7hrs - Resident $300.00 Friday-Sunday Regular Rental: 7hrs - Non Resident $370.00 Regular Rental Additional Hours (per hour) $75.00 Picnic Shelter Rental Applewood Park $55.00 Hazelwood Park $55.00 Lion's Park $55.00 Maplewood Heights Park $35.00 Pleasantview Park $35.00 Goodrich Park $75.00 Wakefield Park $75.00 Community Gym Rental Fees Half Court Rental (per hour per court) $40.00 Full Court Rental (per hour per court) $60.00 Edgerton Community Gym 'Entire Gym Rental (8+ hour rental) per hour $55.00 December 9, 2024 City Council Meeting Minutes 18 Field Rental Fees Hazelwood - Soccer - Full Size (per game) $65.00 Hazelwood - Soccer - Small Size $40.00 Other Locations - Soccer - Full Size $55.00 Baseball/Softball (per game) $35.00 Baseball/Softball - Tourney (per day/per field) $100.00 Volleyball Tourney/Large Group Rental - Harvest, Geranium, Wakefield (per day/per $300.00 park) Food Vendor In Park Permit - Weekdays (per day) $15.00 Food Vendor In Park Permit - Weekends or Holidays (per day) $45.00 Nature Center Nature Center Program Fees Basic Program Fee per person $5.00 School Fee per child $4.00 Birthday Party Fee- up to 12 children $80.00 Birthday Party Fee- up to 15 children $100.00 Basic Outreach Fee- plus mileage $130.00 Outreach, additional shows same site- $30 Item Rental Fees Snowshoes- per pair, for use on site $5.00 Room Rental Fees Sunroom rental- per hour $30.00 Sunroom rental - All day - 5 hours or more $150.00 Touch and See Room Reservation- self -guided groups- 45 minutes $50.00 Community Garden Rental Plot Rental of Garden Plot - Resident Raised Bed $30.00 Rental of Garden Plot - Resident In Ground Bed $35.00 Rental of Garden Plot - Non-Resident Raised Bed $35.00 Rental of Garden Plot - Non-Resident In Ground Bed $40.00 PUBLIC SAFETY - POLICE/FIRE/EMS 2025 POLICE Police Reports Public traffic crash report (requester is not involved in crash) $0.50 per page Public traffic crash report (requester is involved in crash) no charge Monthly email of public traffic crash reports $30.00/month Certified copy of any report $5.00 Evidence Requests 911 Audio transcripts $50.00 deposit plus actual cost of transcription through current transcription provider and Staff time to get audio ready for transcription and Staff time to review transcription for accuracy before release Overnight Parking Permits Permit for vehicle to be parked on a city street overnight good for no more than 365 days $50.00 per vehicle/permit Excessive Calls for Service Third and subsequent calls, within 365 days, deemed excessive by definition in ordinance $250.00 each False Alarms December 9, 2024 City Council Meeting Minutes 19 1st $0.00 2nd (within 12 months of the 1st false alarm) $0.00 3rd (within 12 months of the 1st false alarm) $100.00 4th (within 12 months of the 1st false alarm) $200.00 5th (within 12 months of the 1st false alarm) $300.00 6th (within 12 months of the 1st false alarm) $400.00 7th (within 12 months of the 1st false alarm) $500.00 8th (within 12 months of the 1st false alarm) $500.00 9th (within 12 months of the 1st false alarm) $500.00 10th & Over (within 12 months of the 1st false alarm) $500.00 Outside Employment Police Officers $122.14/hour Squad Car only available with an officer no charge Fingerprinting Each fingerprint card $20.00 FIRE/EMS False Alarm Fees Commercial Commercial - 1st False $0.00 Commercial - 2nd False (within 12 months of the 1st false alarm) $0.00 Commercial - 3rd False (within 12 months of the 1st false alarm) $200.00 Commercial - 4th False (within 12 months of the 1st false alarm) $300.00 Commercial - 5th False and more (within 12 months of the 1st false alarm) $400.00 Residential Residential - 1st False $0.00 Residential - 2nd False (within 12 months of the 1st false alarm) $0.00 Residential - 3rd False (within 12 months of the 1st false alarm) $200.00 Residential - 4th False (within 12 months of the 1st false alarm) $300.00 Residential - 5th False and more (within 12 months of the 1st false alarm) $400.00 Ambulance Transport Fees Resident ALS2 (Advanced Life Support) $2,600.00 ALS (Advanced Life Support) $2,350.00 ALS Treatment No Transport $1,800.00 BLS (Basic Life Support) $1,900.00 BLS (Basic Life Support) Non Emergency $1,800.00 No Load $700.00 Mileage $26.00 Non-Resident ALS2 (Advanced Life Support) $2,900.00 ALS (Advanced Life Support) $2,700.00 BLS (Basic Life Support) $2,000.00 No Load $800.00 Mileage $28.00 Sliding Fee Schedule to Assist Those with a Financial Need December 9, 2024 City Council Meeting Minutes 20 Annual Income Threshold by Sliding Fee Discount Pay Class and Percent Poverty: At or Below 100% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 50% At 125% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 60% At 150% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 70% At 175% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 80% At 200% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 90% Above 200% of the Poverty Guideline - Patient Responsibility: % of Total Charges 100% * Must complete the Sliding Fee Application and submit required documentation. Outside Employment $122.14/hour Equipment Standby - Based on FEMA's current Schedule of Equipment Rates PUBLIC WORKS 2025 Connection Charges Sanitary Sewer Service Main Line Permit Base Fee $114.00 Plus Each Connection to Existing System, New Structures, Alteration, or Re-Inspection $59.00 Sanitary Sewer Service Connection Permit New Sanitary Sewer Service $110.00 per service Disconnect or Repair $39.00 per service Septic Systems Private Individual Septic Systems $500.00 Sanitary Sewer Cash Connection Charge Residential Connection Charge $4,325.00 For all new connections for properties that have not been previously charged or assessed for construction of the public system. Commercial Connection Charge (per front footage) $57.00 For all new connections for properties that have not been previously charged or assessed for construction of the public system. Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Sewer Assessment for City Project Residential Sanitary Service Installed to New Main $1,530.00 Residential Sanitary Service Installed to Existing Main $2,880.00 Comm/Ind Sanitary Service Installed to New Main $20.00 cost per front footage Comm/Ind Sanitary Service Installed to Existing Main $38.00 cost per front footage Sewer Availability Charge (SAC) SAC Unit Fee (Rate Set by MCES) $2,485.00 1 SAC Unit = 1 Single family dwelling (SFD) SAC Unit for all other types of developments total number of equivalent SFD SAC Units is determined by MCES. Local SAC Fee per SFD Unit $130.00 Water System Fees Water Main Cash Connection Charge Residential Connection Charge $4,325.00 For all new connections for properties that have not previously been charged or assessed for construction of the public system. Commercial Connection Charge $57.00 For all new connections for properties that have not previously been charged or assessed for construction of the public system. Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Water System Assessment for City Project Residential Water Service Installed to New Main $1,530.00 Residential Water Service Installed to Existing Main $1,900.00 December 9, 2024 City Council Meeting Minutes 21 Comm/Ind Water Service Installed to New Main $20.00 cost per front footage Comm/Ind Water Service Installed to Existing Main $25.00 cost per front footage Water Availability Charge (WAC) WAC Unit Fee $285.00 The total number of WAC units to be paid is equal to the total number of equivalent SAC Units required as determined by MCES. Storm Sewer System Fees Storm Sewer Permit Private Storm Sewer Main Base Fee $114.00 Plus Each Connection to Existing System, New Structures, Alteration, or Re-Inspection $59.00 Base Escrow (Cover first 10 Connections or New Structures) $300.00 Escrow released after passing inspection. Plus Additional Escrow (Per Each Additional Connection or New Structure) $30.00 Escrow released after passing inspection. Storm Sewer System Assessment for City Project Storm Drainage Improvements $1,090.00 Assessment rate will be based on independent special benefit appraisals. Street, Driveway, and Parking Lot Fees Driveway and Parking Lot Permits Driveway Permit $28.00 Parking Lot Paving Permit ($104.00 Base Fee for 0-50,000SF) $104.00 50,000SF and greater = base fee + (SF over 50,000 x 0.002) Grading Permit, Plan Review, and Inspection Fee Grading Permit, Plan Review, and Inspection Fee Based on Total Estimate Material Moved Fee based on complexity of the project, proximity to environmental sensitive areas, and scope of project. <=50 C.Y. $37.00 51 to 100 C.Y. $94.00 101 to 1000 C.Y. $94.00 plus each additional 100 C.Y. $30.00 1001 to 10,000 C.Y. $364.00 plus each additional 1000 C.Y. $23.00 10,001 to 100,000 C.Y. $571.00 plus each additional 10,000 C.Y. $137.00 100,001 to 200,000 C.Y. $1,804.00 plus each additional 10,000 C.Y. $77.00 200,000 C.Y. or more $2,574.00 plus each additional 10,000 C.Y. $13.00 Park Availability Charge (PAC) PAC PAC per Capita Base Unit Charge $1,040.00 1 SFD PAC Fee = $1040 per capita x 3.4 capita = $3540.00 per SFD PAC Commercial Development = % x Land Market Value 9% Right of Way Permit and Inspection Fees Contractor Yearly Registration Fee (per year) $50.00 Hole Excavation Permit Fee (per hole) $200.00 Trench Excavation Permit Base Fee $100.00 Plus Each Lineal Foot $60.00 December 9, 2024 City Council Meeting Minutes 22 Emergency Excavation Permit $100.00 Aerial/Obstruction Permit $100.00 Permit Extension Fee $35.00 Delay Penalty Fee Base Fee (up to three days late) $35.00 Plus Each Additional Day (per day) $10.00 Right-of-way Escrow - Escrow Amount based on each individual site Varies Small Cell Attached to City Infrastructure - Requires contract with City to determine monthly rental $130.00 fee. Non-City Infrastructure - Contractor license and any additional ROW fees. Contractor will need to contact infrastructure owner to determine any other fees. Engineering Review Fees Planning and Community Development Applications Planning applications and development reviews for engineering conformance to Staff Hourly Rate engineering standards and City ordinances. Services performed by City Personnel will be hourly and applied to the application escrow. Grading Fee Fee amount based on each individual site. Varies Erosion Control Escrow Escrow amount based on each individual site. Varies Tree Escrow $60 per caliper inch of tree replacement required. Please see the tree standards for more Varies information. Sign Wetland Buffer $35.00 Public Improvement Assesment Rates - Residential Mill & Overlay $2,450.00 Pavement Rehabilitation/Pavement Replacement $3,450.00 Partial Reconstruction $4,950.00 Full Reconstruction $6,600.00 Storm Drainage Improvements $1,090.00 Assessment rate will be based on independent special benefit appraisals. Section IV. This ordinance shall be effective January 1, 2025. Seconded by Councilmember Lee Ayes – All The motion passed. Councilmember Juenemann moved to approve the resolution authorizing publication of ordinance by title and summary. Resolution 24-12-2369 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1049 BY TITLE AND SUMMARY WHEREAS, the City of Maplewood (the “City”) is a municipal corporation organized and existing under the laws of Minnesota; and December 9, 2024 City Council Meeting Minutes 23 WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1049, which creates city code to allow for a fee schedule; and WHEREAS, Minnesota Statutes, § 412.191, Subdivision 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 16 pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. 1049 to be published in the official newspaper in lieu of the entire ordinance: PUBLIC NOTICE The City Council of the City of Maplewood has adopted Ordinance No. 1049, which creates an ordinance to allow for a fee schedule. A summary of the ordinance follows: Ordinance No. 1049 AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR 2025 1. City Clerk Fees 2. Communications Fees 3. Community Development Fees 4. Finance Fees 5. Parks and Natural Resources Fees 6. Public Safety Fees 7. Public Works Fees The ordinance shall be effective January 1, 2025. A full copy of the ordinance is available in the office of the city clerk, 1830 County Road B East, Maplewood, MN. Seconded by Councilmember Lee Ayes – All The motion passed. 3. Conditional Use Permit Review, Oberon Apartments, 1160 Frost Avenue Councilmember Juenemann moved to approve the CUP review for Roers Companies’ Oberon Apartments project at 1160 Frost Avenue East and review again in one year. Seconded by Councilmember Lee Ayes – All The motion passed. 4. Collective Bargaining Agreement with IAFF Local 4470 for 2025 Councilmember Juenemann moved to approve a one-year collective bargaining agreement between the City of Maplewood and the International Association of Fire Fighters – Fire Fighters (IAFF-FF) Local 4470 for a period between January 1, 2025 to December 31, 2025. Seconded by Councilmember Lee Ayes – All December 9, 2024 City Council Meeting Minutes 24 The motion passed. 5. NFP Service Agreement for 2025 Councilmember Juenemann moved to approve a service agreement for NFP for employee benefit services in 2025. Seconded by Councilmember Lee Ayes – All The motion passed. 6. Madden Galanter Hansen Contract Renewal Councilmember Juenemann moved to approve a one-year service contract for labor attorney services by Madden, Galanter, Hansen LLC at the proposed rates found within their consulting services agreement for the period of January 1, 2025 to December 31, 2025. Seconded by Councilmember Lee Ayes – All The motion passed. 7. On-Sale Wine License for Groceries and Nepali Kitchen Inc. dba Groceries and Nepali Kitchen, 1700 Rice Street Suite J Councilmember Juenemann moved to approve the On-Sale Wine license for Groceries and Nepali Kitchen Inc. dba Groceries and Nepali Kitchen, 1700 Rice Street Suite J. Seconded by Councilmember Lee Ayes – All The motion passed. 8. Resolution Approving Annual Liquor License Renewals for 2025 Councilmember Juenemann moved to approve the resolution for 2025 annual liquor license renewals for Off-Sale, On-Sale, Club On-Sale, and On-Sale Wine. Resolution 24-12-2370 2025 LIQUOR LICENSE RENEWALS RESOLUTION RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off-Sale, On-Sale, Club On-Sale, and Wine Liquor licenses, having been previously duly issued by this city council, are hereby approved for renewal for one year, effective January 1, 2025, with approvals granted herein subject to satisfactory receipt of renewal documentation with fees submitted and subject to such terms and conditions as previously agreed to or imposed by the city council pursuant to city code section 6-130: Off-Sale 3.2 Beer Licenses Cub Foods #30244 Family Dollar Inc. 100 County Road B West 1700 Rice Street North, Suite 1A Cub Foods #31264 Holiday Stationstore #480 2390 White Bear Avenue North 1535 Beam Avenue North December 9, 2024 City Council Meeting Minutes 25 Hy-Vee Speedway #4022 2501 White Bear Avenue North 1750 White Bear Avenue North Speedway #4089 Hy-Vee Fast & Fresh Express 11 Century Avenue South 2521 White Bear Avenue North Maplewood Holiday #3519 1285 Cope Avenue East Off-Sale Intoxicating Liquor Licenses 61 Liquors Hy-Vee Wine & Spirits 2515 White Bear Avenue North, Suite 2700 Maplewood Drive North A17 & A18 Big Discount Liquor 2520 White Bear Avenue North Maplewood Liquor 2950 White Bear Avenue North, Suite 2 Costco Wholesale #1021 1431 Beam Avenue East Party Time Liquor 1835 Larpenteur Avenue East Cub Discount Liquor 100 County Road B West Rice Street Liquors 1700 Rice Street North Unit P Happy Hours 2227 White Bear Avenue North Sarrack’s International Wine & Spirits 2305 Stillwater Road East Heritage Liquor 1347 Frost Avenue East TD Liquor 2728 Stillwater Road East Hillside Liquor 1690 McKnight Road North, Suite B On-Sale 3.2 Beer Licenses Asia Fusion Kitchen Taste of India 1700 Rice Street North, Suite G 1745 Cope Avenue East Groceries & Nepali Kitchen Zen Ramen 1700 Rice Street North, Suite J 3000 White Bear Avenue North, Suite 2 Indian Masala 27 Century Avenue North On-Sale Intoxicating Liquor Licenses 5-8 Tavern & Grill Crooked Pint Ale House 1734 2289 Minnehaha Avenue East Adolphus Street North Acapulco Mexican Restaurant Eurest Dining Services 3069 White Bear Avenue North 2350 Minnehaha Avenue East, Building 278 Bleechers Bar & Grill Goodrich Golf Course 2220 White Bear Avenue North 1820 North Van Dyke North Buffalo Wild Wings #118 3085 White Bear Avenue North Johnny Kitchen & Bar 1900 County Road D East, Suite 135 Chili’s Grill & Bar 1800 Beam Avenue East Kitchen Zone by Unison 1829 North St Paul Road East December 9, 2024 City Council Meeting Minutes 26 Lancer Food & Beverage Outback Steakhouse #2412 2166 Maplewood Drive North 1770 Beam Avenue East McCarron’s Pub and Grill Red Lobster Restaurant #0283 1986 Rice Street North 2925 White Bear Avenue North Millions Crab T.G.I. Friday’s #472 1745 Beam Avenue 3087 White Bear Avenue North Mr Taco The Dog House Bar & Grill 2645 White Bear Avenue E, Unit 3 2029 Woodlynn Avenue East Myth Live Tokyo Sushi – All You Can Eat 3090 Southlawn Drive North 1935 Beam Avenue East, Suite 103 Olive Garden Italian Restaurant #1200 Unison Restaurant & Banquet 1800 White Bear Avenue North, Suite A & B 1749 Beam Avenue East Osaka Sushi & Hibachi 1900 County Road D East, Suite 140 On-Sale Wine/Strong Beer Licenses Asia Fusion Kitchen Taste of India 1700 Rice Street North, Suite G 1745 Cope Avenue East Groceries & Nepali Kitchen Zen Ramen 1700 Rice Street North, Suite J 3000 White Bear Avenue North, Suite 2 Indian Masala 27 Century Avenue North Club On-Sale Licenses Maplewood Moose Lodge 1832 Gervais Court East Seconded by Councilmember Lee Ayes – All The motion passed. 9. 2025 City Council Meeting Calendar Councilmember Juenemann moved to approve the 2025 city council meeting calendar with meetings on the second and fourth Mondays with the exceptions of moving the May 26 meeting to May 27 and cancelling the December 22 meeting. Seconded by Councilmember Lee Ayes – All The motion passed The motion passed. 10. Local Lawful Gambling Permit for Ducks Unlimited, 1832 Gervais Court East Councilmember Juenemann moved to approve the Local Lawful Gambling permit for Ducks Unlimited, 1832 Gervais Court East, for their event on February 8, 2025. Seconded by Councilmember Lee Ayes – All December 9, 2024 City Council Meeting Minutes 27 The motion passed. H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. 1. Truth in Taxation a. Public Hearing b. Resolution Certifying Property Taxes Payable in 2025 c. Resolution Adopting the Budget and Financial Policies for 2025 and the Capital Improvement Plan for 2025-2029 Mayor Abrams explained the order of the agenda item. Finance Director Rueb gave the presentation. Council and City Manager Sable shared additional comments. Mayor Abrams opened public hearing. The following people spoke: Eric Voth – 2968 Edward Street John Zakelj – 471 Mystic Street (Friends of Maplewood Nature Center) Curt Merkle – 1296 Edgehill Court Dan Viskoe – 1415 County Road C Kathy Kleve – 2498 Adele Street Rob Mueller – 652 Huntington Court Lynn Weyer Mayor Abrams closed the public hearing. Staff answered questions raised during the public hearing. Councilmember Lee moved to approve the resolution certifying property taxes payable in 2025. Resolution 24-12-2371 RESOLUTION CERTIFYING PROPERTY TAXES PAYABLE IN 2025 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota that: The following amounts are levied for property taxes payable in 2025, upon the net tax capacity in the City of Maplewood, for the following purposes: GENERAL FUND $23,338,678 DEBT SERVICE FUNDS 5,029,752 CAPITAL IMPROVEMENT FUND 321,000 BUILDING FUND 315,000 PUBLIC SAFETY EQUIPMENT FUND POLICE 345,000 PUBLIC SAFETY EQUIPMENT FUND FIRE 65,000 COMMUNITY CENTER FUND 240,000 ENTERPRISE FUND – AMBULANCE SERVICES 2,169,226 TOTAL NET TAX CAPACITY LEVY $31,823,656 December 9, 2024 City Council Meeting Minutes 28 BE IT FURTHER RESOLVED that the scheduled debt service levies are adjusted for other revenue sources as follows for a total debt service levy of $5,029,752. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the resolution adopting the budget and financial policies for 2025, and the capital improvement plan for 2025-2029. Resolution 24-12-2372 RESOLUTION DOPTING THE BUDGET AND FINANCIAL POLICIES FOR 2025 AND THE CAPITAL IMPROVEMENT PLAN FOR 2025-2029 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota that a budget for 2025 is hereby adopted as summarized below: Revenues: December 9, 2024 City Council Meeting Minutes 29 Expenditures: Other Financing Sources/Uses (Net): BE IT FURTHER RESOLVED that the 2025-2029 Capital Improvement Plan, with projects totaling $60,473,000, is hereby adopted. BE IT FURTHER RESOLVED that the 2025 Financial Management Policies, as included in the budget document and attached below, will supersede all existing policies and are hereby adopted. BE IT FURTHER RESOLVED that budgets for public improvements will be amended when the Council approves the project and establishes the budget for the project. BE IT FURTHER RESOLVED that the budgets for Governmental Funds are adopted for financial reporting and management control and the budgets for all other funds are adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts within a fund shall only require the approval of the City Manager or designee. However, City Council approval is required for transfers between funds and from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the December 9, 2024 City Council Meeting Minutes 30 unencumbered fund balance which may be appropriated for the next fiscal year, except appropriations for capital improvement projects which will not lapse until the project is completed or canceled by the City Council. Seconded by Councilmember Cave Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Cannabis Ordinance a. Ordinance Regarding the Regulation of Cannabis Businesses b. Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) Assistant City Manager/HR Director Darrow gave the staff report. City Attorney Batty provided additional information. Councilmember Cave moved to approve an ordinance regarding the regulation of cannabis businesses Ordinance 1050 AN ORDINANCE REGARDING THE REGULATION OF CANNABIS BUSINESSES T he Maplewood City Council ordains as follows: Section I. The city council hereby creates Chapter 15 of the Maplewood code of ordinances by adding the following: CHAPTER 15. – Cannabis Business Sec. 15-1. - Findings and Purpose. The City makes the following legislative findings: The purpose of this chapter is to protect the public health, safety and welfare of the City by implementing regulations pursuant to Minnesota Statutes, Chapter 342 related to cannabis and hemp businesses. The City finds and concludes that these regulations are appropriate and lawful, that they will promote the city’s interest in a reasonable stability in the development and redevelopment of the City for now and in the future and that the regulations are in the public interest and public good. Sec. 15-2. – Definitions. All definitions found in Minnesota Statutes, section 342.01 are adopted by reference, in addition to the following definitions: Applicant means an entity with a license issued by the Office of Cannabis Management (OCM) that is applying for an initial registration or the renewal of a registration through the City. Act means Minnesota Statutes, Chapter 342, as may be amended from time to time. Cannabis retail business means a cannabis retailer and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, or medical combination businesses operating a retail location. The term includes any person, partnership, firm, corporation, association, foreign or domestic, selling cannabis to a consumer and not for the purpose of resale in any form. December 9, 2024 City Council Meeting Minutes 31 OCM means the Minnesota Office of Cannabis Management. Park feature means an attraction within a public park that is regularly used by minors, including a playground or athletic field. These may include playground equipment, courts, ice rinks, active or passive park features. Potential licensee means an entity that has not received a license from the OCM but is seeking a pre-license zoning approval. Preliminary license approval means OCM pre-approval for a cannabis business license for applicants who qualify under Minnesota Statutes, section 342.17. Residential treatment facility means any facility licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-a-day care, lodging, or supervision outside a person’s home and which also provides chemical dependency or mental health services. Retail registration means an approved registration issued by the City to a state-licensed retail business. Retailer means a cannabis retail business or lower-potency hemp edible retailer that is required to obtain a retail registration from the City. School means a public school as defined under Minnesota Statutes, section 120A.05 or a nonpublic school that must meet the reporting requirements under Minnesota Statutes, section 120A.24. State license means the approved license issued by the OCM to a cannabis retail business. Zoning Ordinance means all city zoning and land use ordinances authorized under Minnesota Statutes, Chapter 462. Sec. 15-3. – Authority and Jurisdiction. The City has authority to adopt this ordinance pursuant to Minnesota Statutes, section 342.13(c) allowing a local unit of government to adopt reasonable restrictions on the time, place and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses; Minnesota Statutes, section 342.22, requiring local registration and enforcement of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses; and Minnesota Statutes, sections 462.351 through 462.364, granting the authority of a local unit of government to adopt zoning and other land use ordinances. Sec. 15-4. – Pre-license Certification of Cannabis Businesses. (a) Authorization. The City Manager is authorized to appoint staff to certify to the OCM whether a proposed cannabis business complies with the City’s zoning ordinances, this Chapter, and if applicable, with state fire code and building code pursuant to Minnesota Statutes, section 342.13. (b) Certification. Potential licensees are responsible for obtaining all necessary zoning approvals prior to the City receiving the request for certification from the OCM. If a potential licensee fails to obtain necessary zoning approvals prior to the City receiving a request for certification, the City will inform the OCM that the potential licensee does not meet zoning and land use laws. If, at the time the City receives a request for zoning December 9, 2024 City Council Meeting Minutes 32 certification, there are no further intended alterations to the building where the business is to be conducted, the City will also certify compliance with the state building and fire code regulations, provided that the potential licensee has obtained inspections prior to the City’s receipt of a request for certification from the OCM. Building and fire code inspections will be valid for 1 year from completion. Sec. 15-5. – Retailer Registration. (a) Retail Registration Required. Before making retail sales to customers or patients, a Retailer must register with the City. Making retail sales to customers or patients without an active registration is prohibited. Subject to Minnesota Statutes, section 342.22, subd. 5(e) the city may impose a civil penalty, as specified in the City’s Fee Schedule, for making a sale to a customer or patient without a valid registration from the City and a valid license from the OCM. (b) Limits. (1) The City will issue one registration per 12,500 residents in the City, except that the City will not issue any registrations if there is one registration per 12,500 residents in Ramsey County. (2) The number of registrations available will be calculated by dividing the state demographer’s estimate of the City’s population by 12,500. (3) The City will update the number of registrations available based on the most recent data available from the state’s demographer. (4) The number of registrations in Ramsey County will be based on the number of registrations in Ramsey County on the day the application is received. (5) If the number of registrations available within the City decreases based upon the County reaching the one per 12,500 threshold or the City’s population decreases below a previous threshold, businesses with current registrations will be allowed to maintain and renew their registrations but no new registrations will be issued. (6) Registrations issued to businesses with a license preapproval will count toward the City’s registration limit. (7) Registrations can not be reserved and are based upon completed and approved applications on a first-come, first-served basis. (c) Application. The applicant must submit a registration application or renewal on a form provided by the City. The form may be amended from time to time, but must include or be accompanied by: (1) Name of the property owner; (2) Name of the applicant; (3) Address and parcel ID for the property for which the registration is sought; (4) Certification that the applicant complied with the requirements of this Chapter; (5) Proof of taxes, assessments, utility charges or other financial claims of the city or the state are current; and (6) A copy of a valid state license or written notice of OCM license preapproval. (d) Fee required. At the time of the initial application and prior to the City’s consideration of any renewal application, each Retailer must pay the fee established in the City’s fee schedule. (e) Non-refundable. Initial registration fees and renewal registration fees are non- refundable. December 9, 2024 City Council Meeting Minutes 33 Sec. 15-6. – Preliminary Compliance Check. Prior to issuing any retail registration, the City shall conduct a preliminary compliance check to ensure compliance with this Chapter and any other regulations established pursuant to Minnesota Statutes, section 342.13. Sec. 15-7. – Reasons for Denial. The City shall not issue a registration or renewal if any of the following conditions is true: (1) The applicant has not submitted a complete application; (2) The applicant does not comply with the requirements of this Chapter; (3) The applicant does not comply with the applicable zoning regulations; (4) The applicant is found to not comply with the requirements of the Act or this Chapter at the preliminary compliance check; (5) The applicant or the fee owner is not current on all property taxes and assessments at the location where the Retailer is located; or (6) The applicant does not have valid license from the OCM. Sec. 15-8. – Issuing the Registration or Renewal. The City shall issue the registration or renewal if the Retailer meets the requirements of this Chapter, including that none of the reasons for denial in Sec. 15-7 is true. Sec. 15-9. – Nontransferable. A registration is not transferable to another person, entity or location. Sec. 15-10. – Registration Enforcement. (a) Generally. The City Council may impose a fine or suspend a registration under this Chapter on a finding that the registered business has failed to comply with the requirements of this Chapter or any applicable statute or regulation. (b) Notice and Right to Hearing. Prior to imposing a fine or suspending any registration under this chapter, the City shall provide the registered business with written notice of the alleged violations and inform the registered business of its right to a hearing on the alleged violation. (1) Notice shall be delivered in person or by regular United States mail to the address of the registered business and shall inform the registered business of its right to a hearing before a Hearing Officer. The notice will indicate that a response must be submitted within 10 business days of receipt of the notice, or the right to a hearing will be waived. (2) The registered business will be given an opportunity for a hearing before the City’s designated Hearing Officer before final action to fine or suspend a registration. Following the hearing, the hearing officer shall prepare findings which shall be delivered personally or by regular United States mail to the registered business. The Hearing Officer shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to fine or suspend the registration only upon written findings. Within 10 business days of receipt by the registered business of the December 9, 2024 City Council Meeting Minutes 34 Hearing Officer’s order, the registered business may submit a written appeal of the Hearing Officer’s decision to the City Council. (3) If no request for a hearing before a Hearing Officer is received by the City within 10 business days following the service of the notice, the matter shall be submitted to the City Council for imposition of the fine or suspension of the registration. (c) Emergency. If, in the discretion of the City, a registered business poses an imminent threat to the health or safety of the public, the City may immediately suspend the registration and provide notice of the right to hold a hearing before the City Council as prescribed in section 15-10(b)(3). (d) Reinstatement. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate a registration if the OCM determines the violations have been resolved. Sec. 15-11. – Compliance Checks (a) The City shall complete at minimum one compliance check per calendar year of every registered business to assess if the business meets age verification requirements, as required by the Act and any applicable cannabis or hemp regulations adopted by the City. (b) Unannounced age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult- use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the City. (c) Any failures under this section are a basis for enforcement action and must be reported to the OCM. Sec. 15-12. – Hours and Distance Requirements (a) Hours of Operation. Sales of approved products at a registered cannabis retail business are only allowed between the hours of 10 a.m. and 9 p.m. seven days per week. The cannabis retail business may not be open to the public or sell any other products at times when the business is prohibited from selling approved products. (b) Buffer Zones. The city prohibits the establishment and operation of a cannabis business within the following buffer zones: (1) 500 feet from a School; (2) 500 feet from a Residential treatment facility; and (3) 500 feet from an attraction with a Park feature. (c) Measuring buffers. The buffers will be measured from the potential licensee’s proposed business location based on the location of schools, residential treatment facilities, and park features on the date the city receives the request from the OCM for certification pursuant to Sec. 15-4(b). Buffer distances will be measured from the edge of the property line to the property line of the proposed business. In the case of a park feature, it will be measured from the closest portion of the park feature to the property line of the proposed business. (d) Exemptions. Nothing in this section shall prohibit a cannabis business from continuing to operate at the same location if a school, residential treatment facility, or park feature later establishes within the buffer. Sec. 15-13. – Temporary Cannabis Events December 9, 2024 City Council Meeting Minutes 35 (a) Permit Required. A permit is required to be issued and approved by the City prior to holding a Temporary Cannabis Event held by a licensed Cannabis Event Organizer, as established and provided for in Minnesota Statutes, Chapter 342. (b) Permit Fee. A permit fee, as established in the City’s fee schedule, shall be charged to applicants for Temporary Cannabis Event permits. (c) Permit Standards. The applicant must meet the standards of City Code Sec. 14-385 – Sec. 14-492, Large Assemblies. (d) Application Submittal. An applicant must submit an application for City approval of a temporary cannabis event permit in a form provided by the city clerk. The application may be amended from time to time but shall include or be accompanied by: (1) Full name of the property owner and applicant; (2) Address, email address and telephone number of the applicant; (3) A copy of the OCM cannabis event license application, submitted pursuant to Minnesota Statutes, section 342.39, subd. 2.; and (4) Permit fee as required in the city’s fee schedule. (e) Application Review. (1) The application shall be submitted to the city clerk, or other designee for review. The application will be considered complete when the application form is submitted with all of the required information included and application fee paid. If the submitted application is incomplete, the city clerk shall return the application to the applicant with the notice of deficiencies. (2) Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the City Manager or designee for approval or denial. (3) The application fee shall be non-refundable once processed. (f) Denial. A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The City shall notify the applicant of the standards not met and basis for denial. (g) On-Site Consumption. Pursuant to Minnesota Statutes, section 342.40, subd. 8, the City prohibits on-site consumption of cannabis and hemp products at all temporary cannabis events. (h) Use of City property. Temporary cannabis events are prohibited on City property. Sec. 15-14. – Penalties Administration and Enforcement Any violation of the provisions of this Chapter or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance. Violations of this Chapter may also be addressed under City Code Sec. 1-17 – Administrative Penal Offenses. Sec. 15-15. – Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Sec. 15-16 – Sec. 15-99. – Reserved. December 9, 2024 City Council Meeting Minutes 36 Section II. The city council hereby amends the subdivision (b)(9) of Chapter 14, Section 14-56 – License requirements to read as follows: (b) Home occupations requiring a license shall be subject but not limited to the following requirements: (9) A home occupation shall not include the repair of internal combustion engines, body repair shops, spray painting, machine shops, welding, ammunition manufacturing or sales, the sale or manufacture of firearms or knives, cannabis or hemp businesses or other objectionable uses as determined by the city. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than 120 volts of current. Section III. The city council hereby amends Chapter 44, Section 44-6 to add the following definitions: Cannabis business has the same meaning as in Minnesota Statutes, section 342.01, subd. 14. Cannabis cultivation means a cannabis business with a license or endorsement to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis ﬂower from mature plant, package and label immature plants and seedlings and cannabis ﬂower for sale to other cannabis businesses, transport cannabis ﬂower to a cannabis manufacturer located on the same premises, and perform other actions approved by the oﬃce. Cannabis delivery business means a cannabis business with a license or endorsement to purchase cannabis, cannabis products, and hemp products from retailers or cannabis business with retail endorsements for delivery to customers. Cannabis manufacturing means a cannabis business with a license or endorsement to manufacture cannabis products with processes that involve the compounding, processing, packaging, wholesaling, testing, or treatment of cannabis products. Cannabis retailer means any person, partnership, ﬁrm, corporation, or association, foreign or domestic, with a license or endorsement to sell cannabis product to a consumer. Cannabis transportation business means a cannabis business with a license or endorsement to transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to and from licensed cannabis businesses. Section IV. The city council hereby amends Chapter 44, Table 44-46-1 – Principal Use Table to add the cannabis business use alphabetically within Retail Sales and Services section as follows: Use Type Mixed Use Commercial Industrial Use Specific MU NE NC CO BC LBC BC(M) SM-1 to M-2 Standard C Cannabis business PS PS PS PS PS PS PS PS PS See Division 19 of December 9, 2024 City Council Meeting Minutes 37 Chapter 44 Section V. The city council hereby amends Chapter 44, section 44-321 – Principal Uses to add the cannabis business as subdivision (3) and renumber the remaining items as follows: (3) Cannabis business a. All cannabis businesses must provide evidence of a state license under Minnesota Statutes, section 342.14, and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. b. Cannabis businesses shall be allowed as follows: i. Cannabis retail and cannabis delivery businesses in the MU, NE, NC, BC, LBC, BC(M), and SC districts; ii. Cannabis cultivation and cannabis manufacturing in the M-1 and M-2 districts; and iii. Cannabis transportation businesses as a CUP in the M-1 and M-2 districts. c. Buffers as stated in section 15-12 shall be required for cannabis retail businesses. Section VI. The ordinance shall be effective January 1, 2025 following its adoption and publication. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Cave moved to approve the resolution authorizing publication of the ordinance by title and summary. (4 votes). Resolution 24-12-2373 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1050 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 1050, an ordinance adopting a new Chapter 15 and amending section 14-56, section 44-6, table 44-46-1 and section 44-321 of the city code regarding the regulation of cannabis businesses; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is nine pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No. 1050 to be published in the city’s official newspaper in lieu of the entire ordinance: December 9, 2024 City Council Meeting Minutes 38 Public Notice On December 9, 2024, the city council of the city of Maplewood adopted Ordinance No. 1050, an ordinance adopting a new Chapter 15 and amending section 14-56, section 44- 6, table 44-46-1 and section 44-321 of the city code regarding the regulation of cannabis businesses. This ordinance constitutes the local regulations applicable to cannabis businesses in Maplewood following the state’s legalization of the use of cannabis in 2023. The ordinance provides for city registration of licensed cannabis businesses and enforcement of regulations related thereto; establishes a maximum number of registered retail cannabis businesses based on one per 12,500 residents of the city or Ramsey County; establishes a buffer of 500 feet from schools, residential treatment facilities and features with a public park that are regularly used by minors within which a cannabis business may not locate; prohibits temporary cannabis events on city-owned property, allows events on non-city property and prohibits on-site consumption at such events; limits the hours retail businesses may be open to 10 a.m. to 9 p.m. daily; prohibits cannabis businesses as home occupations but generally allows cannabis business to locate in the zoning districts in which similar non-cannabis businesses are allowed and provides for the maximum registration fees and fines for violations of the regulations allowed by state law. This public notice is intended only to summarize the ordinance. The full text of the ordinance is available for inspection at Maplewood city hall during regular business hours and has been posted to the city’s website. The ordinance shall be effective January 1, 2025. BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Seconded by Councilmember Lee Ayes – All The motion passed. J. NEW BUSINESS 1. Reasonable Accommodation Code Amendments a. Adoption of Amendments to Section 44-22, Including Moving the Section to Chapter 2 Administration, Under a New Article VI, Section 2-358 b. Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) Interim Community Development Director Martin gave the staff report. Council provided a direction for staff to study buffer setbacks between sober homes. Councilmember Cave moved to approve an ordinance amending Section 44-22 of the Maplewood City Code related to reasonable accommodations, including moving the section to Chapter 2 Administration, under a new Article VI, Section 2-385. Ordinance 1051 AN ORDINANCE AMENDING SECTION 44-22 OF THE MAPLEWOOD CITY CODE RELATED TO REASONABLE ACCOMMODATIONS, INCLUDING MOVING THE SECTION TO CHAPTER 2 – ADMINISTRATION UNDER A NEW ARTICLE VI, SECTION 2-385 December 9, 2024 City Council Meeting Minutes 39 THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Section 44-22 of the Maplewood City Code is hereby amended to read as follows and is moved to Chapter 2 – Administration, Article VI, Section 2-385: Chapter 2 – ADMINISTRATION. ARTICLE VI. – REASONABLE ACCOMMODATION Section 2-385. Reasonable accommodation. (a) Policy and purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodation in the application of its zoning and other regulations for persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodation. (b) Initiation of reasonable accommodation request. Any qualified person who requests reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the city manager or such other person as the city manager may designate from time to time (the "accommodation specialist"). "Qualified Person" includes any individual with a disability, his or her representative or a developer or provider of housing for an individual with a disability. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the qualified person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the accommodation specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. (c) Accommodation specialist determination; required findings. The accommodation specialist, in consultation with the city attorney, shall have the authority to consider and act on requests for reasonable accommodation. The accommodation specialist shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered: (1) Special need created by the disability; (2) Potential benefit that can be accomplished by the requested accommodation; (3) Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; (4) Physical attributes of and any proposed changes to the subject property and structures; (5) Potential impact on surrounding uses; December 9, 2024 City Council Meeting Minutes 40 (6) Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies or procedures of the city, and/or nature of the area in which the accommodation is being requested; (7) Whether the requested accommodation would impose an undue financial or administrative burden on the city; and (8) Any other factor that may be determined to have a bearing on the request. Any approval issued under this section may include such reasonable conditions that the accommodation specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. For any reasonable accommodation request granted for a sober home, as defined in Minnesota Statutes 254B.01. subd. 11, (“sober home”) a condition of the limited license shall be in compliance with the requirements of Minnesota Statutes, section 254B.181. If the qualified individual is a developer or provider of housing and is an organized business entity, including for profit and non-profit businesses, the application shall include additional disclosures as required by the accommodation specialist. (d) Notice of decision. The written decision of the accommodation specialist shall be mailed to the applicant within five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the accommodation specialist pursuant to paragraph (k) below. The decision of the accommodation specialist shall constitute the final decision of the city, unless appealed according to the procedures and within the time limits provided in paragraph (k). Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. A reasonable accommodation approved under this section shall become effective on the first calendar day following expiration of the right to appeal. (e) Applicability. Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the qualified person who applied for such reasonable accommodation, and who is specifically named in the city's approval of such accommodation, shall be entitled to the benefits and protections thereof. (f) Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the accommodation specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. (g) Fee. The city council shall annually set a fee in connection with a request for reasonable accommodation made pursuant to the provisions of this article. Additional fees for any other required permit or approval shall also be charged in accordance with the city's general fee schedule. (h) Escrow. If the qualified individual is an organized business entity, whether for profit or a non-profit, and the business is a developer or provider of housing that is not licensed by the State of Minnesota, the business will be required to pay the actual costs of review of the application and will be required to place an amount as established in the city’s general fee schedule, or an amount determined by the accommodation specialist based on the estimated costs for reviewing the application, into an escrow account which the city can draw down to cover the actual costs of review of the application. If the actual cost of December 9, 2024 City Council Meeting Minutes 41 reviewing the application exceeds the amount established in the city’s general fee schedule, then the city may charge the additional amount to the applicant. Payment of the additional amount will be a condition of granting the requested accommodation. This subsection is intended to conform to the city's practices in other development and housing contexts. (i) Annual confirmation. If the qualified individual is an organized business entity, whether for profit or a non-profit, and the business is a developer or provider of housing that is not licensed by the State of Minnesota, the business holder of an approved reasonable accommodation limited license hereunder shall, on or before January1st of each year, provide the city with an updated affirmation that the reasonable accommodation is still necessary and that any conditions of the reasonable accommodation are being adhered to. In the event that the accommodation specialist has reasonable cause to believe that the factors supporting the original approval of a reasonable accommodation have changed, the accommodation specialist may request additional information from the license holder. Failure to annually reaffirm the need for the reasonable accommodation, or failure to provide information reasonably requested by the accommodation specialist shall result in automatic termination of the reasonable accommodation upon written notice by the accommodation specialist. (j) Termination of Reasonable Accommodation. The accommodation specialist may terminate a reasonable accommodation for any of the following reasons: (1) the person to whom the reasonable accommodation is granted no longer owns or occupies the property; (2) the qualified person to whom the reasonable accommodation is granted fails to affirm that the conditions of the reasonable accommodation are being adhered to and the reasonable accommodation is still necessary; (3) the accommodation specialist determines that the reasonable accommodation is no longer necessary or reasonable, the conditions of the reasonable accommodation are not being followed, or the factors considered under paragraph (c) have changed to an extent that the property no longer meets the requirements of this chapter. The accommodation specialist must provide written notice of termination specifying the reason(s) for termination. Termination due to paragraph (i)(1) shall be effective as of the date the person(s) to whom the accommodation is granted either no longer owns or occupies the property. Termination for any other reason shall be effective upon the written notice of the accommodation specialist. All written decisions shall give notice of the right to appeal a decision of the accommodation specialist pursuant to paragraph (k) below. The decision of the accommodation specialist shall constitute the final decision of the city, unless appealed according to the procedures and within the time limits provided in paragraph (k). Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. (k) Appeals. Any decision reached by the accommodation specialist pursuant to paragraph (d) above shall be subject to appeal to the city council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the accommodation specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the city manager shall present such appeal to the city council for action within 30 days. The accommodation specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under paragraph (d) December 9, 2024 City Council Meeting Minutes 42 above. Following a hearing on such appeal, the city council shall issue its findings, in writing, within 30 days. Section 2. This ordinance shall be effective following its adoption and publication. Seconded by Councilmember Lee Ayes – All Councilmember Lee moved to approve the resolution authorizing publication of the ordinance by title and summary (4 votes). Resolution 24-12-2374 RESOLUTION AUTHORIZING PUBLICATION OF ORD. NO. 1051 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1051, an ordinance amending the city’s reasonable accommodation code; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is several pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. 1051 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood City Council has adopted Ordinance No. 1051, amending the city’s reasonable accommodation code. The amendments incorporate best practices in regulating reasonable accommodations and include adding an escrow requirement, annual confirmation of the accommodation, and outlining a termination process. In addition, these amendments move the reasonable accommodation code from Chapter 44 to Chapter 2. BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Boards and Commissions Stipend Pay Authorization Assistant City Manager/HR Director Darrow gave the staff report. Councilmember Lee moved to approve the implementation of a $50.00 per meeting stipend for board and commission members, effective January 1, 2025. December 9, 2024 City Council Meeting Minutes 43 Seconded by Councilmember Villavicencio Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 9:14 p.m. Andrea Sindt, City Clerk December 9, 2024 City Council Meeting Minutes 44