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HomeMy WebLinkAbout2025-07-28 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 28, 2025 City Hall, Council Chambers Meeting No. 14-25 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. July 14, 2025 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Environmental and Natural Resources Commission Annual Report 4. Parks & Recreation Commission Annual Report 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. 1. Approval of Claims 2. Second Quarter 2025 Financial Report 3. Conditional Use Permit Review, Galahad Senior Housing Development, 1910 County Road C East 4. Conditional Use Permit Review, The Juniper, 1310 Frost Ave East 5. Conditional Use Permit Review, Kline Nissan, 3090 Maplewood Drive North 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. None I. UNFINISHED BUSINESS 1. Resolution of Municipal Consent of Final Layout for MnDOT TH 5 Improvements, City Project 25-10 J.NEW BUSINESS 1. Setback Variance Resolution, Community Dental Care, 600 Carlton Street North 2. Resolution Ordering the Abatement of Hazardous Property and Public Nuisance Conditions Existing at 1212 Skillman Avenue East 3. Lawful Gambling Ordinance a. Ordinance Regulating Lawful Gambling b. Resolution Authorizing Publication by Title and Summary (4 votes) K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July14, 2025 City Hall, Council Chambers Meeting No. 13-25 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:01 p.m.byMayor Abrams. Mayor Abramspresenteda plaque received while attending the local Karen Baptist Church’s 15th anniversary celebration which thanked the city for continued partnership. B.PLEDGE OF ALLEGIANCE Calvin Gifford, with Apple Valley Boy Scout Troop 292, let the council in the pledge of allegiance. C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberAbsent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to council presentations: National Night Out Disability Pride Month CouncilmemberJuenemannmoved to approve theagenda as amended. Seconded by CouncilmemberCave Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.June 23, 2025 City CouncilWorkshop Meeting Minutes CouncilmemberCavemoved to approve the June 23, 2025 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberJuenemann Ayes – All July14, 2025 City Council Meeting Minutes 1 Council Packet Page Number 1 of 162 E1 The motion passed. 2.June 23, 2025 City Council Meeting Minutes CouncilmemberJuenemannmoved to approve theJune 23, 2025 City Council Meeting Minutes assubmitted. Seconded by CouncilmemberCave Ayes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerSablegave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations National Night Out Councilmember Juenemann reminded residents thatregistration is open for National Night Out. Disability Pride Month Councilmember Villavicencioannounced July is Disability Pride Month and invited residents to join in the celebration at the State Capital on July 17, 2025. 3.Swearing-In Ceremony for 4 Police Officers Rachel Franco Vincent, Clare Marie Patros, Robert Norve, Jacob Boor Public Safety Director Bierdemanaddressed the council and introduced officersRachel Franco Vincent, Clare Marie Patros, Robert Norve, and Jacob Boor. City Clerk Sindt administered the oath before the pinning of their badges. Each officer addressed and thanked council and staff. No action required. 4.2024 Annual Comprehensive Financial Report Finance Director Rueb introduced the agenda item. Andrew Grice, with berganKDV, gave the presentation. City Manager Sable provided additional information. CouncilmemberCavemoved toaccept the Maplewood 2024 Annual Comprehensive Financial Report. July14, 2025 City Council Meeting Minutes 2 Council Packet Page Number 2 of 162 E1 Seconded by CouncilmemberVillavicencio Ayes – All The motion passed. 5.St. Paul Regional Water Services Presentation City Manager Sable introduced the agenda item. Raquel Vaske, General Manager for St Paul Regional Water Services, gave the presentation. No action required. 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. CouncilmemberCavemoved toapprove agenda items G1-G5. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 1.Approval of Claims emoved to approve the approval of claims. CouncilmemberCav ACCOUNTS PAYABLE: $ 1,149,070.77 Checks # 123292 thru # 123332 dated 6/24/25 $ 373,366.55 Checks # 123333 thru # 123369 dated 7/1/25 $ 146,963.05 Checks # 123370 thru # 123383 dated 7/8/25 $ 807,079.68 Disbursements via debits to checking account dated 6/16/25 thru 7/07/25 $ 2,476,480.05 Total Accounts Payable PAYROLL $ 786,032.85 Payroll Checks and Direct Deposits dated 06/20/25 July14, 2025 City Council Meeting Minutes 3 Council Packet Page Number 3 of 162 E1 $ 801,899.21 Payroll Checks and Direct Deposits dated 7/03/25 $ 1,587,932.06 Total Payroll $ 4,064,412.11 GRAND TOTAL Seconded by Councilmember JuenemannAyes – All The motion passed. 2. Internet Crimes Against Children (ICAC) Task Force Joint Powers Agreement CouncilmemberCavemoved to approve therenewed Joint Powers Agreement with the State of Minnesota for the Internet Crimes Against Children Task Force. Seconded by Councilmember JuenemannAyes – All The motion passed. 3.2025-2027 School Resource Officer Agreement with Independent School District 622 CouncilmemberCavemoved to approve the 2025 – 2027 School Resource Officer Agreement with Independent School District 622. Seconded by Councilmember JuenemannAyes – All The motion passed. 4.Harvest Park Playground Replacement emoved to approvethe replacement of the Harvest Park CouncilmemberCav Playground and authorize the City Manager and the Mayor to enter into a contract with Northland Recreation/Little Tikes (State Contract #030117-LTS) with a not to exceed budget of $300,000. Seconded by Councilmember JuenemannAyes – All The motion passed. 5.Call for Special City Council Meeting on July 23, 2025 emoved to call a special meeting of the City Council on July 23, Councilmember Cav 2025, at 4 pm. Seconded by CouncilmemberJuenemannAyes – All July14, 2025 City Council Meeting Minutes 4 Council Packet Page Number 4 of 162 E1 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. None I.UNFINISHED BUSINESS 1.Private Tree Relief Program Update Public Works Director Love gave the presentation. emoved to approvethe updated Private Tree Relief Policy. Councilmember Cav Seconded by Councilmember JuenemannAyes – All The motion passed. J.NEW BUSINESS 1.Resolution Ordering the Abatement of Hazardous Building and Public Nuisance Conditions, 1851 North Saint Paul Road Community Development Director Parr gave the presentation. CouncilmemberJuenemannmoved to approve theResolution Ordering the Abatement of Conditions Creating Hazardous Building and a Public Nuisance at 1851 North Saint Paul Road. Resolution 25-07-2417 RESOLUTION ORDERING THE ABATEMENT OF HAZARDOUS BUILDING AND PUBLIC NUISANCE CONDITIONS AT 1851 NORTH SAINT PAUL ROAD RECITALS WHEREAS, the property located at 1851 North Saint Paul Road and legally described on Exhibit A attached hereto (the “Subject Property”) contains a commercial building structure (the “Building”) and is located in the city of Maplewood (the “City”); and WHEREAS, according to public records, the Subject Property is owned by Yui Keung Chow and Feng Jiao Li (the “Owners”) and, to the best of the City’s knowledge, is presently unoccupied; and WHEREAS, on February 5, 2025, pursuant to a duly obtained administrative search warrant, a physical inspection of the Subject Property and the Building was conducted by the city’s building official, Randy Johnson (the “Building Official”), and the July14, 2025 City Council Meeting Minutes 5 Council Packet Page Number 5 of 162 E1 city’s neighborhood preservation specialist, Paul Thienes, during which the following conditions were observed: 1)Significant portions of the main level ceilings have collapsed and fallen into the Building’s interior, exposing a deteriorating pre-existing sheetrock ceiling. 2)The observable portions of the sheetrock ceiling have considerable damage including apparent leaking, fallen portions exposing insulation in the attic space, insufficient makeshift patching blocking some of the holes, and extensive mold growth and water damage. 3)Walls on the main level of the Building have apparent mold growth. 4)Building and plumbing fixtures have been removed including most kitchen sinks, counters, copper water pipes, and other equipment. 5)The Building has notable electrical deficiencies including exposed lighting fixtures with insufficient wiring, and the electrical panels being stripped of all wiring and breakers. 6)The foundation for the exterior walk-in cooler is failing and appears to pull the cooler away from the Building wall. 7)Exterior sidewalks are sinking and sloping away from the Building at a steep angle and are cracked and unsafe for level transportation. 8)The front corner of the Building has a broken window with temporary coverings. 9)The Building’s basement features watermark stains and rust on leftover equipment indicating the basement to have previously flooded to a depth of approximately four (4) feet. 10)The Building’s interior is extensively filled with piled up garbage, rubbish, deteriorated building materials, and other debris, including throughout all occupiable spaces that were safely accessible. 11)The exterior portion of the Subject Property contains an accumulation of other rubbish and debris. WHEREAS, since the above-mentioned inspection, there have been no permits pulled for the Building that would indicate any improvements to the conditions observed on February 5, 2025; and WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a “hazardous building” as “any building… which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health”; and July14, 2025 City Council Meeting Minutes 6 Council Packet Page Number 6 of 162 E1 WHEREAS, Minnesota Rules, section 1300.0180 deems a structure “unsafe” if it is structurally unsafe, not provided with adequate egress, a fire hazard, or otherwise dangerous to human life; and WHEREAS, section 18-31(5) of the Maplewood City Code (the “City Code”) deems it a public nuisance to accumulate rubbish, debris, and other offensive materials on property; and WHEREAS, in light of the foregoing, the City’s building official has determined that the Building is in a complete state of disrepair and is hazardous and unsafe; and WHEREAS, Minnesota Statutes, section 463.161 and section 18-37 of the City Code authorize the city council to order the owner of any hazardous building or nuisance property within the City to correct or remove said conditions; and WHEREAS, additionally, Minn. R. 1300.0180 expressly requires that unsafe structures “be abated \[under\] Minnesota Statutes, sections 463.15 to 463.26.”; and WHEREAS, based on the information presented, the city council has determined that the condition of the Subject Property and the Building constitutes a hazard and a public nuisance in violation of both state and local law and, therefore, should be abated. RESOLUTION NOW, THEREFORE, BERESOLVED by the city council of the city of Maplewood as follows: 1.The city council adopts, as factual findings, all of the recitals listed above. 2.The city council finds that the Building is hazardous, as defined by Minnesota Statutes, section 463.15, and unsafe, as defined in Minnesota Rules, section 1300.0180. 3.The city council also finds that the condition of the Subject Property constitutes a public nuisance, as defined by both state and local law, and violates the aforementioned sections of the City Code, and is a menace to the health of the inhabitants of the city. 4.The city attorney shall finalize an abatement order substantially similar to that attached as Exhibit A attached hereto. 5.The city attorney is authorized to take all necessary legal steps to effectuate service of this resolution and the corresponding abatement order in the manner required by state and/or local law. 6.The city attorney and city staff are authorized to take all necessary legal steps to secure compliance with the abatement order and to obtain authority to remove and abate the hazardous and nuisance conditions on the Subject July14, 2025 City Council Meeting Minutes 7 Council Packet Page Number 7 of 162 E1 Property by court order and collect and/or assess the costs thereof against the Subject Property, as otherwise permitted by state and/or local law. EXHIBIT A Abatement Order STATE OFMINNNESOTA DISTRICTCOURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT ________________________________________ Case Type: Other Civil In the Matter of the Hazardous Building and Nuisance Property Located at 1851 North Saint Paul Road, Maplewood, Minnesota ORDER FOR ABATEMENT OF HAZARDOUS BUILDING AND PUBLIC NUISANCE ________________________________________ TO:All owners, occupants, and all lienholders of record. The city council of the city ofMaplewood, Minnesota hereby ordersthat within 45 days of service ofthisorderthatyouabatethehazardousandnuisanceconditionswhichexist onthepropertylocatedat1851NorthSaintPaulRoad,Maplewood,Minnesota,which propertyislegally described as: \[insert legal beforefinalizing/serving\]. Specifically,the city ofMaplewood,pursuant toMinnesota Statutes,chapter463 and theMinnesotaStateBuildingCode,hasdeterminedthattheunoccupiedcommercial buildingstructure (the “Building”)locatedattheabove-referencedpropertyishazardousand unsafeduetothefollowingobservations:Significantportionsofthemainlevelceilingshave collapsedandfallenintotheBuilding’sinterior,thesheetrockceilinghasconsiderable damageincludingapparentleaking,fallenportionsexposinginsulationintheatticspace, insufficientmakeshiftpatchingblockingsomeoftheholes,andextensivemoldgrowthand waterdamage,thewallsonthemainlevelhavemoldgrowth,buildingfixtureshavebeen removedincludingmostkitchen sinks, counters,copperplumbing,andotherequipment, July14, 2025 City Council Meeting Minutes 8 Council Packet Page Number 8 of 162 E1 therearenotableelectricaldeficienciesincludingexposedlightingfixtureswithinsufficient wiring,andtheelectricalpanelsbeingstrippedofallwiringandbreakers,thefoundationforthe exteriorwalk-incoolerisfailing,exteriorsidewalksaresinkingandslopingawayfromthe Buildingat a steepangleand are crackedandunsafe forleveltransportation,thefront corneroftheBuildinghas a brokenwindowwithtemporarycoverings,theBuilding’s basementfeatureswatermarkstainsandrustonleftoverequipmentindicatingthebasement tohavepreviouslyfloodedto a depthofapproximatelyfourfeet,andtheBuilding’sinterioris extensivelyfilledwithpiledupgarbage,rubbish,deterioratedbuildingmaterials,and otherdebris,includingthroughoutalloccupiablespacesthatweresafelyaccessible. Additionally,theexteriorportionoftheabove-referencedpropertycontainsan unlawfulaccumulation of otherrubbish and debris. Forthose reasons, the city of Maplewood, pursuant to chapter18oftheMaplewoodCityCodeandMinnesotaStatutes,section 609.74,alsohas determined that thepropertyconstitutes a publicnuisance. Pursuanttotheabove-referencedstatutesandordinances,itisherebyORDERED that youabatetheabove-mentionedconditionswithin45daysofthedateof service ofthis orderbyeither(i)razing(demolishing)theBuildingandremovingalldebrisandother materialsfromtheproperty, or(ii)performing each andevery oneofthefollowing items: eplacealloftheBuilding’sdeterioratedfoundations,wallsand 1.Repairorr other structuralcomponentsinaccordancewiththeMinnesotaState BuildingCode, including a structuralanalysisofdeterioratedcomponents toensuresafetyand habitability; 2.Repair or replace all of the Building’s deteriorated ceilings in accordance with the Minnesota State Building Code; 3.Repairorreplaceallelectricalwiringandinstallationinaccordancewith the Minnesota State Building Code; July14, 2025 City Council Meeting Minutes 9 Council Packet Page Number 9 of 162 E1 4.Determinetheexistenceofmoldduetothesignificantwaterinfiltrationand mitigate said mold, as deemed necessary; 5.Repair all plumbing and provide the Building with required utilities in accordance with the Minnesota State Building Code; 6.Removeallaccumulationsofgarbage,rubbish,deterioratedbuilding materials, andotherdebrisfromtheBuilding’sinteriortoensurethehealth andsafetyof occupantsand sufficientingress andegressthroughout the Building; and 7.Remove the accumulations of rubbish and debris from the property’s exterior. All such workissubjecttopermittingandrequiredinspectionsbystaffmembersof thecity toensurecompliancewithapplicablerulesandlaw.Thisorderisnot a permit. Youarefurtheradvisedthatunless such corrective actionistakenoranansweris servedonthecityandfiled within21daysofthedateof service ofthisorderuponyou,a motion forsummaryenforcement of this order maybemade totheRamsey County District Court. Finally,youarefurtheradvisedthatifyoudonotcomplywiththisorderandthe cityis compelledtotake corrective action,itwillpursuetheBuilding’sdemolitionand otherexterior nuisanceabatementefforts, andallnecessarycostsincurredbythecityin taking such corrective actionwillbecollectedand assessed againstthepropertypursuantto MinnesotaStatutes,section463.21andsection18-37oftheMaplewoodCityCode.In connectionthereto,thecityalsointendstorecoverallofitsexpensesincurredin carrying outthisorder,includingspecificallybutnot exclusively, filingfees, service fees,publication fees,attorneys’fees,appraisers’fees,witness fees, including expert witness fees and traveling expenses incurred by the city from the time this orderwas originally made, also pursuant to stateand local law. July14, 2025 City Council Meeting Minutes 10 Council Packet Page Number 10 of 162 E1 \[signature page to follow\] , 2025 KENNEDY & GRAVEN, CHARTERED Dated By: ________________________________ McKaia Dykema (#0505388) David T. Anderson (#0393517) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 Attorneys for City of Maplewood ACKNOWLEDGMENT The undersigned acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2, to the party against whom the allegations in this pleading are asserted. _________________________ David T. Anderson Seconded by Councilmember Villavicencio Ayes – All The motion passed. 2.Resolution Approving Special Legislation Related to Maplewood Tax Increment Financing District Special Rules City Manager Sable gave the staff report. CouncilmemberJuenemannmoved to approve the Resolution approving the approved special legislation which amended the 2013 law by expanding the geographic area in which expenditures may be made. Resolution 25-07-2418 RESOLUTION APPROVING SPECIAL LEGISLATION RELATED TO MAPLEWOOD TAX INCREMENT FINANCING DISTRICT SPECIAL RULES WHEREAS, in 2013 the Minnesota legislature adopted special legislation allowing the establishment under favorable terms of a tax increment financing district for the 3M Renovation and Retention Project Area; and WHEREAS, the Minnesota legislature, in 1st Special Session, 2025 Minn. Laws, Chapter 13, Article 5, Section 3, approved special legislation which amended the 2013 law by expanding the geographic area in which expenditures may be made; and July14, 2025 City Council Meeting Minutes 11 Council Packet Page Number 11 of 162 E1 WHEREAS, under Minnesota Statutes, section 645.021, special legislation only becomes effective upon the approval by the affected local government unit; and WHEREAS, under Minnesota Statutes, section 645.021, subds. 2 and 3, the chief clerical officer must comply with certain filing and procedural requirements to demonstrate valid approval of the special legislation before the first day of the next regular session of the legislature. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood, Minnesota, as follows: 1.Approval of special law. The City of Maplewood hereby approves the provisions of 1st Special Session, 2025 Minn. Laws, Chapter 13, Article 5, Section 3. 2.A ctions Required. The city clerk and staff are authorized and directed to file with the Minnesota Secretary of State a certificate stating the essential facts necessary to valid approval and to take all other actions necessary and appropriate to implement the terms of the special legislation. onded by Councilmember Cave Ayes – All Sec The motion passed. 3.Flock Safety Service Agreement for the Maplewood Police Department Public Safety Director Bierdeman introduced the agenda item. Lieutenant Hoemke gave the presentation. CouncilmemberJuenemannmoved to approve the Maplewood Police Department signing the service agreement with Flock Safety. Seconded by Councilmember Cave Ayes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at8:38p.m. July14, 2025 City Council Meeting Minutes 12 Council Packet Page Number 12 of 162 F1a CITY COUNCIL STAFF REPORT Meeting Date July 28, 2025 REPORT TO:City Council REPORT FROM: Michael Sable, City Manager PRESENTER:Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: August 11: Workshop: 2026 Budget Workshop (with Public Comment), Financial Management Plan Review (Ehlers) August 25: EDA: Adopt EDA Strategic Plan Workshop: 2026 Budget Workshop (with Public Comment) Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Transit Discussion Community Events and Notifications: Putt Putt with Public Safety, July 31, 12:30 – 3 PM, Midwest Golf Dome National Night Out, August 5, Various times and locations Celebrate Summer, August 13, 6 – 7:30 PM, Edgerton Park Tuj Lub Courts Grand Re-Opening, September 10, 10 AM – Noon, Keller Regional Park Friday Fireworks, September 19, 5 – 8 PM, Hazelwood Park Council Packet Page Number 13 of 162 F1a Maplewood Living Schedule: Author Due Date Edition Lee Aug 19 September 2025 SableOctober 16November 2025 AbramsDecember 15 January 2026 JuenemannFeb 17 March 2026 CaveApril 16May 2026 VillavicencioJune 16 July 2026 Lee August 17 September 2026 All assignments are subject to change based on election filings. Council Packet Page Number 14 of 162 F3 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sabel, City Manager REPORT FROM: Steven Love, Public Works Director Audra Robbins, Parks & Natural Resources Manager Shann Finwall, Sustainability Coordinator PRESENTER:David Lates, Chair, Environmental and Natural Resources Commission AGENDA ITEM: Environmental and Natural Resources Commission Annual Report Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Environmental and Natural Resources Commission submits an annual report to the City Council. Recommended Action: Motion to approve the 2024 Environmental and Natural Resources Commission Annual Report. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The Environmental and Natural Resources Commission’s annual report serves as an important method of updating the City Council and the community on the City’s environmental accomplishments and priorities. Background: The 2024 annual report summarizes the Environmental and Natural Resources Commission’s accomplishments and 2025 work plan and environmental priorities recommendations. The report also summarizes the City’s sustainability program including GreenStep Cities and Climate Adaptation accomplishments. Attachments: 1.Environmental and Natural Resources Commission 2024 Annual Report Council Packet Page Number 15 of 162 F3, Attachment 1 2024 Environmental and Natural Resources Commission Annual Report Purpose The Environmental and Natural Resources (ENR) Commission provides recommendations to the Community Design Review Board, Planning Commission, and City Council on changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the City’s environmental assets. The Commission works closely with the Parks and Natural Resources Department to implement the mission of the department. Mission In order to protect, preserve, and enhance the environment of the City of Maplewood, the ENR Commission will: 1.Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications, and co-sponsored activities. 2.Proactively promote greater use and appreciation of the City’s environmental assets. 3.Review the role of other City groups and how they might assist, support, and advise the ENR Commission. 4.Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the City. 5.Develop educational programs and materials that foster the mission of the ENR Commission. 6.Develop and promote the use of “sustainable practices” for City policies and procedures. Membership The ENR Commission is a seven-member, volunteer advisory commission with three-year terms. The membership is made up of Maplewood residents committed to preserving and enhancing the environment. The Commissioners include: Member Term Rebecca Bryan04-26-21 to 09-30-27 Joanne Cryer11-12-24 to 09-30-26 Benjamin Guell10-25-21 to 09-30-27 David Lates02-13-23 to 09-30-25 Open09-30-26 Ted Redmond11-14-16 to 09-30-25 Wes Saunders-Pearce11-12-24 to 09-30-27 Council Packet Page Number 16 of 162 F3, Attachment 1 Mollie Miller resigned from the ENR Commission in September 2023. Emma Broadnax resigned from the ENR Commission in September 2024. Commissioners Cryer and Saunders-Pearce were appointed to the open positions on November 12, 2024, with terms ending September 30, 2026, and September 30, 2027, respectively. Commissioner Edwards was appointed to the Commission on February 13, 2023, and recently resigned on June 17, 2025. There is now one open position with the ENR Commission. ENR Commission Staff Liaison The Parks and Natural Resources Department provides staff liaisons and technical support for two of the City’s citizen advisory Commissions, including the ENR Commission and the Parks and Recreation Commission. Shann Finwall, Sustainability Coordinator, is the staff liaison to the ENR Commission. 2024 Environmental Accomplishments 1.Residential Recycling and Trash 2024 Annual Review: The contract with Tennis Sanitation and Republic Services requires that the City hold an annual review of the residential recycling and trash collection services and adopted an annual work plan with service improvement recommendations. 2.Climate Mitigation Planning: The ENR Commission appointed two Commissioners to serve on the Climate Mitigation Plan (CMP) Team. The CMP Team is made up of representatives from all Commissions and Boards, City staff, residents, and business owners. The4.Environmental Education and Team met throughout 2024 toOutreach: The ENR Commission staffed booths at the Waterfest and collaborate on goals and action Celebrate Summer events. The items designed to reduce greenhouse gas from Citybooths focused on the Climate operations and City-wide. This workMitigation Plan survey. will continue in 2025. 5.Environmental Tours: The ENR 3.Green Building Code: The ENRCommission hosted two tours in 2024, including a tour of the Tennis Commission has been reviewing the Sanitation recycling facility and a Green Building Code to ensure it meets the City’s sustainability goalstour of the Ramsey-Washington and other green building initiatives.Recycling and Energy Center. This work will continue in 2025. 2025 Work Plan 2 Council Packet Page Number 17 of 162 F3, Attachment 1 Work plan items include subject matters that are carried over from last year’s environmental priorities, or subject matters that require review by the ENR Commission based on City contract, policy, ordinance, or State rules or regulations. In 2025, the ENR Commission will review the following items: 1. Trash and Recycling 2025 Annual Review: The contracts with Republic Services for residential trash collection and Tennis Sanitation for residential recycling collection require that they submit an annual report for review by the ENR Commission and City Council. The ENR Commission also reviews a work plan that outlines system improvements yearly. 2. Trash and Recycling Request for Proposals: The residential trash and recycling contracts end June 30, 2027. The contracts were extended for two years in 2024, from the previous end date of June 30, 2025. Therefore, any new contracts should be the result of a request for proposal (RFP) process. The creation of an RFP, proposal review, and contract drafting process takes approximately 18 months to the beginning of a new contract. 3. Climate Mitigation Plan: Once a draft of the CMP is complete, the ENR Commission will review the draft goals and action items. Future CMP action item implementation may also come before the ENR Commission once the plan is approved by the City Council. 4. Green Building Code: Continue to review the City’s Green Building Code to ensure it meets the City’s sustainability goals and other green building initiatives. Environmental Priorities Yearly, the ENR Commission recommends environmental priorities that should be reviewed based on new or revised regulations, programs, technologies, or identified problems. In 2025, the ENR Commission recommends the following environmental priorities: 1. Two environmental tours, including the new Ramsey County Environmental Service Center (as part of Republic Services’ Work Plan) and the Capital Region Watershed District Building (to highlight the green building and the watershed district’s work on clean water). 2. Two to four presentations, including the Ramsey County Climate Action Plan in February, Friends of Maplewood Nature in the spring, the Maplewood Municipal Stormwater Plan in the summer or fall, and BizRecycling in the fall or winter. 3. Environmental education to include outreach on the Spring Clean Up on May 3 and Waterfest on May 31, as well as other outreach opportunities throughout the year. 3 Council Packet Page Number 18 of 162 F3, Attachment 1 Sustainability Updates Maplewood’s comprehensive plan incorporates a sustainability approach that strengthens the environmental, economic, and social dimensions of any issue. An important element of that plan is reporting on sustainability indicators. Following is a sample of those indicators from 2024. GreenStep Cities As one of the first cities to sign onto the GreenStep Cities program in 2010, Maplewood has remained a leader in sustainability throughout the state. Of the 150 Minnesota cities participating in the program, Maplewood is one of 41 cities awarded Step 5 for measuring and making improvements on sustainability metrics. Improvements in sustainability metrics are a clear indication that the city, county, and state policies and programs are having a positive impact. From 2023 to 2024 (reporting period for the year 2024), the City showed improvement in the following areas: Increase in Number of private green certified green buildings, which are buildings constructed to exceed the state’s energy code – from 20 to 21 (increase of 1) Net number of new trees planted in rights-of-way, parks, and the City’s tree sale - from 303 to 474 (increase of 171 new trees) Number of electric vehicle charging stations – from 21 to 52 (increase of 31) Percent of affordable housing – from 0 to 73 percent (of the 77 housing units constructed in 2024, 56 of those units were affordable) The City’s stormwater assessment, which measures policies and practices that improve the management of stormwater, from 51 to 52 percent (increase in 1 percent) The City’s climate adaptation stormwater assessment, which measures policies and practices that create resiliency in stormwater management, from 69 to 75 percent (increase of 6 percent) Annual renewable energy purchased by the City – from 735 to 770-megawatt hours per year (increase of 40-megawatt hours per year) Decrease In City building energy use - from 132.17 to 125.80 kBTU per square foot per year (decrease of 6.37 kBTU per square foot per year) Commercial solid waste generated per job, per day – from 5.96 to 5.82 pounds per job, per day (decrease of .14 pounds) Greenhouse gas emissions from City-wide non-transportation energy - from 194,395 to 22 152,545 tons of CO(decrease of 41,830 tons of CO) 4 Council Packet Page Number 19 of 162 F3, Attachment 1 Green Team The Maplewood Green Team’s mission statement is to promote environmentally sustainable operating practices by implementing and influencing feasible approaches to reducing emissions and pollution within the city. The Green Team is made up of representatives from most City Departments and serves as the internal steering committee for the GreenStep Cities program and the Climate Adaptation Plan. In 2024, the Green Team completed the following action items: 1. Review of the Climate Mitigation Plan draft goals and action items. 2. Reviewed opportunities for improvements to the park recycling program. 3. Coordinated the City Hall Courtyard plantings and wellness grant. 4. Reviewed and made improvements to City Hall campus environmental education signs. 5. Attended the Tennis Sanitation Recycling Facility and Ramsey- Washington Recycling and Energy Center tours. 6. Coordinated the annual City Hall Campus Clean Up. 7. Staffed a Green Team booth at the Employee picnic, educating employees on the new food scrap recycling program. Climate Adaptation Plan The City Council approved the Climate Adaptation Plan in May 2021. The plan outlines actions that create improved resilience to the current and future impacts of climate change. In 2024, the City began the Climate Mitigation planning process, which is the critical and final piece needed in the City’s climate resilience planning, fulfilling the energy resilience planning goal of the City’s comprehensive Plan, and addressing a key implementation strategy of the City’s Climate Adaptation Plan. Other key adaptation strategies implemented include: 1. Continued improvements to infrastructure projects that will create a more resilient community, including stormwater management based on updated climate predictions and planting climate-resilient trees. 2. Continuing to conduct an annual City-wide greenhouse gas inventory. 3. Climate action education and outreach at events. 5 Council Packet Page Number 20 of 162 F3, Attachment 1 4. Engaging with community partners to implement Climate Adaptation action activities, such as the Climate Corps Ampact program, which assisted the City in its resilient tree program. 5. Conducting a renewable energy potentials study. 6. Developing and implementing pollinator-friendly actions and policies. 7. Outreach and education on the reduction of food waste, including the promotion of the County’s Curbside Food Scraps Recycling program. 8. Resilient tree planting in neighborhoods with minimal tree canopy coverage. 9. Tree care education, such as the City’s annual tree sale and Arbor Day tree planting demonstration. 10. Consistent implementation of the City’s living streets policy. 11. Review of sustainable building designs. 6 Council Packet Page Number 21 of 162 F4 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Parks & Recreation Commission Steven Love, Public Works Director/City Engineer Audra Robbins, Parks &Recreation Manager PRESENTER:Jason DeMoe, Parks & Recreation Commission Chair AGENDA ITEM: Parks & Recreation Commission Annual Report Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Parks & Recreation Commission is seeking City Council approval of their annual report that includes their 2025 commission goals. Recommended Action: Motion to approve the 2024 Parks & Recreation Commission Annual Report. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The Parks & Recreation Commission provides recommendations to the City Council on issues of park development, environmental issues, open space, trails and leisure programs, and works closely with City staff to implement the mission of the department. Background: The attached Annual Report highlights key accomplishments in 2024 by the Parks & Recreation Commission and their goals for 2025. Attachments: 1.2024 Annual Report Council Packet Page Number 22 of 162 F4, Attachment 1 QBSLT!'!SFDSFBUJPO!DPNNJTTJPO 3135!BOOVBM!SFQPSU Purpose The Maplewood Parks & Recreation Commission (PRC) is a seven-member, volunteer advisory board consisting of Maplewood residents committed to promoting parks and recreation issues. The commission provides recommendations to the City Council on all issues of park acquisition, development, open space, trails and leisure programs. The Parks & Recreation Commission works closely with City sta to implement the mission of the department ÐThe mission of Maplewood Parks & Recreation is to provide diverse recreational opportunities for people of all ages and abilities, enhance and preserve our parks, facilities, and open spaces while promoting environmental stewardship through education and outreachÑ 2024 Highlights Harvest Park Master Plan AdoptionStudent Parks & Recreation Commission Members Community Engagement Session at Harvest Park Served on the Commission in 2024 New Sunset Ridge PlaygroundCommunity Outreach Events Pictured: Friday Night Fireworks Council Packet Page Number 23 of 162 F4, Attachment 1 The Parks & Recreation Commission consists of seven members appointed by the City Council. commissioners are Craig Brannon - Member Member Since 01/01/97 Terri Mallet - Member Member Since 02/11/13 Kimii Porter - Member Member Since 11/14/16 Vickie Lee-Her - Member Member Since 05/19/21 Monica Barton - Member Member Since 10/20/21 Jason DeMoe - Vice Chair Member Since 10/19/22 2024 PRC - (left to right) Mark Harris - Chair Resigned 9/2024 Monica Barton, Jason DeMoe, Mark Harris, Terri Mallet, Member Since 10/20/21 Kimii Porter, Vickie Lee-Her, Craig Brannon. Not Pictured: Russel Smith - Appointed 2202 Nikki Villavicencio - City Council Liaison Audra Robbins - Staff Liaison TASK FORCE RECOMMENDATIONS UPDATE An important goal of the Parks & Natural Resources Commission is to receive regular updates on the implementation of the Nature Center and Programming Task Force recommendations. In 2024, they weighed in on several of these including: Support independent groups using the outdoor areas. ¤ The Friends of Maplewood Nature again offered their Gnome Challenge on the Nature Center trails, as well as the Tree Trek program. The Friends of Maplewood Nature also provide the prizes for our two Nature Photo Contests. ¤ Hosted the 74th Commemoration of Karen National MartyrsÓ Day with a 2-day event at Hazelwood Park. Identify rental options to encourage use. ¤ Created a more efcient rental process for tournament inuiries, specically volleyall, at Maplewood parks. ¤ The Park & Natural Resources Department rents out snowshoes for use on the Nature Center grounds. More connection to community education and other partners ¤ The City continues to partner with Community Education, Ramsey County 4H, YMCA, St Paul Jazz Pigs and other community organizations to offer and promote environmental and recreation programming. ¤ School groups and volunteers helped with various projects in parks and preserves. We recommend staff to identify groups who are looking for space, and providing access to their needs. ¤ Maimizing usage of facilities y encouraging multiple uses of traditional spaces. ie: Rugby on a soccer eld ¤ 2024 was another record year for permits issues in the Parks department with oth eld permits over ,00 and akeeld uilding permits 24 eclipsing the previous highs set in 202. Council Packet Page Number 24 of 162 F4, Attachment 1 2024 Goals and Accomplishments 2024 Goals . Continue to review the Parks & Recreation System Master Plan and park improvement plans 2.Continue to look for new ways to engage in community outreach and e involved in at least two community events . Take a us tour of our parks system 4.Hold a meeting to discuss connectivity and trails with neighoring cities and Ramsey County . Hold a meeting dedicated to review the implementation progress of the Nature Center and Programming Task Force recommendations and receive regular updates 6.alue the youth perspective and recruitappoint student PRC memers 7.Receive annual updates from the MCCYMCA, as well as updates from community groups and partners to look for ways to work together 8.Review and evaluate the current and future signage in our parks and open spaces 2024 Accomplishments ¤Four Student Parks & Recreation Commission Memers served on the Parks & Recreation Commission in 2024 ¤SUFR Grant Park Tree Replacement of 80 Trees ¤Community utreach Events: New Event - Friday Night FireworksTouch A Truck ¤Partnered with Great River Greening & Mississippi Park Connection to plant 0 Bur Oak trees at Fish Creek ¤AMPACT memer Jaylee Cartwright served year term to help with tree and environmental issues ¤Pollinator garden created at the Nature Center with Friends of Maplewood Nature ¤Epanded Recreation Program Offerings through RevSportsYMCA ¤Harvest Park Master Plan updated and adopted ¤New playground installed at Sunset Ridge Park ¤Prescried Burns: Fish Creek, Gladstone Savanna, Applewood and Carver Preserves, MCCYMCA, Prairie Farm & Nature Center ¤Carver Preserves Restoration Project completed ¤Annual Tree sale with 00 trees availale for residents ¤In addition, the Parks & Recreation Commission weighed in on general depart- ment updates Council Packet Page Number 25 of 162 F4, Attachment 1 2025 Parks & Recreation Goals or , the Parks & Recreation Commission identied the following goals and made a point to tie them to the Strategic Priorities created by the City Council. The PRC acknowledges that successful completion of these goals may be aected by budgetary constraints or other issues. 1.Review and oer recommendations on park improvement plans identied in Maplewoods CIP Plan 2.Continue to look for new ways to engage in community outreach and be involved in four community events 3.Take a bus tour of our parks system 4.Hold a meeting to discuss connectivity and trails with neighboring cities and Ramsey County 5.Hold a meeting dedicated to review the implementation progress of the Nature Center and Programming Task Force recommendations and receive regular updates 6.Value the youth perspective and recruit/appoint student PRC members 7.Receive annual updates from the MCC/YMCA, as well as updates from community groups and partners to look for ways to work together 8.Review and evaluate the current and future signage as part of park projects and redevelopment Council Packet Page Number 26 of 162 G1 Council Packet Page Number 27 of 162 G1, Attachments Council Packet Page Number 28 of 162 G1, Attachments Council Packet Page Number 29 of 162 G1, Attachments Council Packet Page Number 30 of 162 G1, Attachments Council Packet Page Number 31 of 162 G1, Attachments Council Packet Page Number 32 of 162 G1, Attachments Council Packet Page Number 33 of 162 G1, Attachments Council Packet Page Number 34 of 162 G1, Attachments Council Packet Page Number 35 of 162 G1, Attachments Council Packet Page Number 36 of 162 G1, Attachments Council Packet Page Number 37 of 162 G1, Attachments Council Packet Page Number 38 of 162 G1, Attachments Council Packet Page Number 39 of 162 G1, Attachments Council Packet Page Number 40 of 162 G1, Attachments Council Packet Page Number 41 of 162 G2 CITY COUNCIL STAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM:Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Second Quarter 2025 Financial Report Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Ensure transparency by providing a financial report to the Council, taxpayers, and other interested parties. Recommended Action: No action is required. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Financial reports are primarily concerned with communication and transparency; however, the budget covers all areas of the strategic plan. Background: This report includes an investment update along with a General Fund budget to actual expenditure update for the quarter ending June 30, 2025. Staff will add additional details to future reports. Attachments: 1. Second Quarter 2025 Financial Report Council Packet Page Number 42 of 162 G2, Attachment Council Packet Page Number 43 of 162 G2, Attachment Council Packet Page Number 44 of 162 G2, Attachment Council Packet Page Number 45 of 162 G3 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Galahad Senior Housing Development, 1910 County Road C East Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit for the Galahad Senior Housing Development, located at 1910 County Road C East, is due for its annual review. Recommended Action: Motion to approve the CUP review for the Galahad Senior Housing Development, located at 1910 County Road C East, and review again only if a problem arises or a significant change is proposed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On March 13, 2023, the city council approved a conditional use permit to construct a 61,148- square-foot, 72-unit, two-story assisted living and memory care building on the vacant land at 1910 County Road C East. Construction and overall site work are complete, and the project meets the conditions of approval. The property is in good standing with the city, and staff recommend approving the CUP review and reviewing it again only if a problem arises or a significant change is proposed. Council Packet Page Number 46 of 162 G3 Reference Information Site Description Site Size: 3.76 Acres Surrounding Land Uses North: Single-family homes and a car wash East: Commercial uses South: Ramsey County open space and commercial uses West: Ramsey County open space and a single-family home Planning Existing Land Use: Mixed-Use – Neighborhood Existing Zoning: Business Commercial Attachments: 1. Overview Map 2. Site Plan 3. City Council Minutes, Dated March 13, 2023 Council Packet Page Number 47 of 162 G, Attachment 1 1910 County Road C East - Overview Map December 7, 2022 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 48 of 162 G, Attachment 2 11/23/2022 52209 REG # CITY / ISSUE RECORD KEVIN A. BOHL REVIEW SET WATERSHED C2.0 Date:___XX/XX/22_____ ASSISTED LIVING WH CARETTA& MEMORY CARE MAPLEWOOD, MN21435.50NPA GRADING, 11/23/22 DRAINAGE, ANDEROSION CONTROLPLAN I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota No.DescriptionDate PLOT DATE: c c c c c c c c c c c c c c c c c Council Packet Page Number 49 of 162 G3, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 13, 2023 City Hall, Council Chambers Meeting No. 05-23 J.NEW BUSINESS 2.Assisted Living and Memory Care Project, 1910 County Road C East a.Conditional Use Permit and Wetland Buffer Setback Variance Resolution b.Design Review Resolution Community Development Director Parr gave the presentation. Lucas Larson, with Galahad Development, addressed council and provided additional information. Councilmember Juenemann moved to approve a resolution for a conditional use permit and wetland buffer setback variance for a two-story assisted living and memory care facility to be constructed on the vacant land at 1910 County Road C East. Resolution 23-03-2187 CONDITIONAL USE PERMIT AND WETLAND BUFFER SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Lucas Larson, of Galahad Development, LLC, has requested approval of a conditional use permit to permit a multi-family senior housing building in the Business Commercial zoning district. 1.02 Lucas Larson, of Galahad Development, LLC, has also requested approval for a 100-foot wetland buffer setback variance. 1.03 The property is located at 1910 County Road C East and is legally described as: PIN: 112922220041 – That part of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 11, Township 29 North, Range 22 West , Ramsey County, Minnesota described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence West, assumed bearing, along the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter a distance of 170.00 feet to the west line of the East 170.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter and the point of beginning; thence South 00 degrees 00 minutes 08 seconds East along said west line 225.00 feet to the south line of the North 225.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said south line 170.00 feet to the east line of said Northeast Quarter Council Packet Page Number 50 of 162 G3, Attachment 3 of the Northwest Quarter of the Northwest Quarter; thence South 00 degrees 00 minutes 08 seconds East along said east line 429.00 feet to the south line of the North 654.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence West along said south line 396.50 feet to the west line of the East 396.50 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter: thence North 00 degrees 00 minutes 08 seconds West along said west line 321.00 feet to the south line of the North 333.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said south line 166.50 feet to the west line of the East 230.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter: thence North 00 degrees 00 minutes 08 seconds West along said west line 333.00 feet to said north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said north line 60.00 feet to the point of beginning. Abstract Property Section 2. Standards. 2.01 City Ordinance Section 4 4-512 (1) of the Business Commercial zoning district requirements states that a conditional use permit may be granted for “all permitted uses in the R3 district.” 2.02 City Ordinance Section 18-221 (d) (1) requires a minimum buffer width of 100 feet from Manage A Wetlands and Streams where no building, grading, or mowing is permitted. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. Council Packet Page Number 51 of 162 G3, Attachment 3 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. 2.04 Wetland Buffer Variance Standards. City Ordinance Section 18-221 (h) (1)provides procedures for granting a variance to the wetland ordinance requirements and refers to the state statute where a variance may be granted when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner; (3) the proposal will not alter the essential character of the locality. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The proposal meets the specific procedures for granting a variance to the wetland ordinance requirements for the following reasons. 1.Wetland buffer mitigation will improve the existing buffer with native plants and seed. 2.The existing conditions on this property are unique and not caused by the property owner. 3.The proposed building would complement the surrounding buildings without altering the essential character of the area. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On January 25, 2023, the Environmental and Natural Resources Commission reviewed the request. The Environmental and Natural Resources Commission recommended that the City Council approve this resolution. 2.On February 21, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Council Packet Page Number 52 of 162 G3, Attachment 3 planning commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve this resolution. 3.On March 13, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the approved plans, date-stamped January 4, 2023. The director of community development may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval, or the permit shall become null and void. 3.The city council shall review this permit in one year. 4.A parking waiver of 14 parking spaces is approved. If a parking shortage develops, the city council may require additional parking spaces to be constructed. 5.For the new parking lot to connect to the existing parking lots located on the properties at 2603 and 2607 White Bear Avenue, the applicant shall provide copies of cross-access and parking agreements with all affected, adjacent parcels before the issuance of any permits. If agreements are not in place, the applicant must maintain a five-foot setback between the new parking lot and the shared property lines to the east. 6.Before any permits are issued, the applicant must submit a plan to city staff showing how the potential queuing of cars onto County Road C East due to the shared drive used by the proposed senior housing use and the adjacent car wash will be mitigated. 7.This permit allows 72 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8.The conversion of this building to independent senior housing or multifamily housing is not approved. The applicant must seek city council approval to revise the uses approved with this permit. 9.Storage of refuse containers should be accommodated inside the buildings. However, outdoor storage can be provided if adequately screened both architecturally and with landscaping. The location should minimize visibility from the street and neighboring buildings. Council Packet Page Number 53 of 162 G3, Attachment 3 No refuse storage is allowed in front of the building, adjacent to the street. 10.Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated January 11, 2023. 11.Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes dated January 11, 2023. Seconded by Councilmember Cave Ayes – All The motion passed. Councilmember Juenemann moved to approve a resolution for design review for a two- story assisted living and memory care facility to be constructed on the vacant land at 1910 County Road C East. Resolution 23-03-2188 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Lucas Larson, of Galahad Development, LLC, has requested approval of a design review for a multi-family senior housing building 1.02 The property is located at 1910 County Road C East and is legally described as: PIN: 112922220041 – That part of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 11, Township 29 North, Range 22 West, Ramsey County, Minnesota described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence West, assumed bearing, along the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter a distance of 170.00 feet to the west line of the East 170.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter and the point of beginning; thence South 00 degrees 00 minutes 08 seconds East along said west line 225.00 feet to the south line of the North 225.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said south line 170.00 feet to the east line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence South 00 degrees 00 minutes 08 seconds East along said east line 429.00 feet to the south line of the North 654.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence West along said south line 396.50 feet to the west line of the East 396.50 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter: thence North 00 degrees 00 minutes 08 seconds West along said west line 321.00 feet to the south line of the North 333.00 feet of said Council Packet Page Number 54 of 162 G3, Attachment 3 Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said south line 166.50 feet to the west line of the East 230.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter: thence North 00 degrees 00 minutes 08 seconds West along said west line 333.00 feet to said north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said north line 60.00 feet to the point of beginning. Abstract Property Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped January 4, 2023. Approval is subject to the applicant doing the following: 1.Obtain a conditional use permit from the city council for this project. 2.Repeat this review in two years if the city has not issued a building permit for this project. 3.All requirements of the fire marshal and building official must be met. 4.Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated January 11, 2023. Council Packet Page Number 55 of 162 G3, Attachment 3 d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 11.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Villavicencio Ayes – All The motion passed. Council Packet Page Number 56 of 162 G4 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, The Juniper, 1310 Frost Avenue East Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit for The Juniper, located at 1310 Frost Avenue East, is due for its annual review. Recommended Action: Motion to approve the CUP review for The Juniper, located at 1310 Frost Avenue East, and review again in one year. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On May 8, 2023, the city council approved a conditional use permit to construct a 65-unit affordable multifamily apartment project on an approximately 1.59-acre site at the corner of Frost Avenue and English Street—1310 Frost Avenue East. This project was originally referred to as Gladstone Village but is now called The Juniper. The project has commenced construction and is anticipated to be completed in August. Staff does not have any concerns regarding the progress of this project. Council Packet Page Number 57 of 162 G4 Reference Information Site Description Site Size: 1.59 Acres Surrounding Land Uses North: Frost Avenue, multi-tenant commercial building and a vacant building East: Bruce Vento Trail and commercial buildings South: Construction of JB’s Vang’s 56-unit building – The Waldo West: English Street and Gladstone Savanna Planning Existing Land Use: Mixed-Use – Neighborhood HD Existing Zoning: Mixed-Use Attachments: 1. Overview Map 2. Site Plan 3. City Council Minutes, Dated May 8, 2023 Council Packet Page Number 58 of 162 G4, Attachment 1 Location Map March 30, 2023 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 59 of 162 , Attachment 2 Maplewood, MN 55109-4418901 NORTH THIRD STREET, SUITE 145, MINNEAPOLIS, MN 55401 1310 Frost Ave E© URBANWORKS ARCHITECTURE LLC, 2019 JS BMS 19-0012 3/21/2023 JB Vang - Gladstone Village L110 LAND USE APP HARDSCAPEPLAN 3.21.2023CHECKED BY CONSULTANT 310 South 4th Avenue, Suite 7050Minneapolis, MN 55415p: 612.332.7522 PRELIMINARYNOT FORCONSTRUCTION LAND USE APPLICATION REVISIONSDATEPROJECT #PHASEDRAWN BY EDGINGDESCRIPTIONEDGING TYPE 1 - STEEL EDGEREDGING TYPE 2 - 8X8 TIMBER EDGERFENCE & GUARDRAILDESCRIPTIONFENCE TYPE 1 - CHAIN LINK - 4.5'FENCE TYPE 2 - CHAIN LINK - 6'PAVINGDESCRIPTIONPAVING TYPE 1 - CONCRETE WALKPAVING TYPE 2 - CRUSHED STONEPAVING TYPE 3 - WOOD MULCH P-02P-03 FE-02 ED-01ED-02FE-01P-01 MATERIALS LEGEND SYMBOLSYMBOLSYMBOL NORTH 30 20 10 1" = 10' ED-01 P-01 FE-02 SCALE: 0 ED-01 ED-01 FE-01 P-02 DOG RUN P-02 (bid alternate) ED-01 ED-01 P-01 ED-01 P-02 ED-01 ED-01 ED-01 P-03 PLAYGROUND P-01 P-01 ED-02 ED-02 FE-02 P-01 PATIO P-02 ED-01 ED-01 ED-01 P-01 P-01 P-01 C:\\!Revit Project Files\\19-0012 A22 Central_JHighley@urban-works.com.rvt3/20/2023 1:38:11 PM Council Packet Page Number 60 of 162 G4, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 08, 2023 City Hall, Council Chambers Meeting No. 09-23 J.NEW BUSINESS 2.JB Vang Multifamily Residential Project, 1310 Frost Avenue East a.Conditional Use Permit Resolution b.Design Review Resolution City Planner Hammond gave the staff report. Justin Fincher, Developer with JB Vang Partners, addressed council, provided further information, and answered questions of council. Councilmember Cave moved to approve the resolution for a conditional use permit approving a four-story, 65-unit multifamily apartment project to be constructed at 1310 Frost Avenue East. Resolution 23-05-2209 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Ashley Bisner, of JB Vang, has requested approval of a conditional use permit to permit a four-story multifamily building. 1.02 The property is located at 1310 Frost Avenue East and is legally described as: PIN: 152922320076. Lots 1, 2, 3, 4, 5, 6, and 7, except the South 7 feet of said Lot 7, Block 3, Gladstone, according to the recorded plat thereof, together with the vacated Ridge Street adjacent, Ramsey County, Minnesota. Abstract Property Section 2. Standards. 2.01 City Ordinance Section 44-359 requires a Conditional Use Permit for multiple dwelling buildings that exceed a height of 35 feet. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. Council Packet Page Number 61 of 162 G4, Attachment 3 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On April 18, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2.On May 8, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. The Planning Commission recommended that the City Council approve this resolution. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the Council Packet Page Number 62 of 162 G4, Attachment 3 following conditions: 1. All construction shall follow the approved plans, date-stamped March 31, 2023. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. A parking waiver of 27 parking spaces is approved. If a parking shortage develops, the city council may require additional parking spaces to be constructed. Seconded by Councilmember Villavicencio Ayes – All The motion passed. Councilmember Lee moved to approve the resolution for design review approving a four- story, 65-unit multifamily apartment project to be constructed at 1310 Frost Avenue East. Resolution 23-05-2210 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Ashley Bisner, of JB Vang, has requested approval of design review to permit a four-story multifamily building. 1.02 The property is located at 1310 Frost Avenue East and is legally described as: 1.03 PIN: 152922320076. Lots 1, 2, 3, 4, 5, 6, and 7, except the South 7 feet of said Lot 7, Block 3, Gladstone, according to the recorded plat thereof, together with the vacated Ridge Street adjacent, Ramsey County, Minnesota. Abstract Property Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or Council Packet Page Number 63 of 162 G4, Attachment 3 proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped March 31, 2023. Approval is subject to the applicant doing the following: 1.Obtain a conditional use permit from the city council for this project. 2.Repeat this review in two years if the city has not issued a building permit for this project. 3.All requirements of the fire marshal and building official must be met. 4.Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated April 10, 2023. 5.Satisfy the requirements set forth in the environmental review authored by Shann Finwall, dated April 11, 2023. 6.The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. 7.Rooftop vents and equipment shall be located out of view from all sides of the property. 8.Any identification or monument signs for the project must meet the requirements of the city’s mixed-use sign ordinance. Identification or monument signs shall be designed to be consistent with the project’s building materials and colors. 9.Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: Council Packet Page Number 64 of 162 G4, Attachment 3 a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.A revised landscape plan that details screening along the south property line that meets city code requirements. c.A revised photometric plan that meets city code requirements. 10.The applicant shall complete the following before occupying the building: a.Replace any property irons removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c.Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 11.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes – All The motion passed. Council Packet Page Number 65 of 162 G5 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Kline Nissan, 3090 Maplewood Drive North Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit for Kline Nissan, located at 3090 Maplewood Drive North, is due for its annual review. Recommended Action: Motion to approve the CUP review for Kline Nissan, located at 3090 Maplewood Drive North, and review again in one year. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On July 10, 2023, the city council approved a conditional use permit for Kline Nissan to construct two building additions: one to its service area and one to its parts department. A building permit was issued in August 2024, and the project is underway. Staff has no concerns regarding the progress of this project and recommend reviewing again in one year. Council Packet Page Number 66 of 162 G5 Reference Information Site Description Site Size: 4.69 acres Existing Land Use: Auto Car Sales and Services Surrounding Land Uses North: Undeveloped land East: Manage A Wetland Buffer South: Manage A Wetland Buffer West: Highway 61 Planning Existing Land Use: Commercial Existing Zoning: M1 – Light Manufacturing Attachments: 1. Overview Map 2. Site Plan 3. City Council Minutes, Dated July 10, 2023 Council Packet Page Number 67 of 162 G, Attachment 1 3090 Maplewood Drive North - Overview Map May 12, 2023 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 68 of 162 G, Attachment 2 Council Packet Page Number 69 of 162 G, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2023 City Hall, Council Chambers Meeting No. 13-23 J.NEW BUSINESS 3.Kline Nissan Additions, 3090 Maplewood Drive North a.Conditional Use Permit Amendment Resolution b.Design Review Resolution Community Development Director Parr gave the presentation. Pam Guilford, General Manager with Kline Nissan, and Jack Grotkin, President of RJ Ryan Construction, answered questions of council. Councilmember Lee moved to approve a resolution for a conditional use permit amendment approving two building additions to be constructed at 3090 Maplewood Drive North. Resolution 23-07-2226 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a conditional use permit amendment to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 – Tract “A”, Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. Section 2. Standards. 2.01 City Ordinance Section 44-637 requires a Conditional Use Permit for motor vehicle maintenance garages and car washes. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Council Packet Page Number 70 of 162 G, Attachment 3 Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2.On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Council Packet Page Number 71 of 162 G, Attachment 3 Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the site plan approved by the city and date- stamped June 1, 2023. The director of community development may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The applicant shall not load or unload vehicles on public right-of-way. 4.Cars can only be parked on designated paved surfaces. 5.The City Council shall review this permit in one year. 6.All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. 7.Water from car wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. 8.All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. 9.As required in an agreement with the city approved in 2005, the applicant shall submit an executed cross-access agreement to city staff to complete the conveyance of the frontage road to the west of its property to a private road. Seconded by Councilmember Villavicencio Ayes – All The motion passed. Councilmember Cave moved to approve a resolution for design review approving two building additions to be constructed at 3090 Maplewood Drive North. Resolution 23-07-2227 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. Council Packet Page Number 72 of 162 G, Attachment 3 1.01 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a design review to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 – Tract “A”, Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped June 1, 2023. Approval is subject to the applicant doing the following: 1.Obtain a conditional use permit amendment from the city council for this project. Council Packet Page Number 73 of 162 G, Attachment 3 2.Repeat this review in two years if the city has not issued a building permit for this project. 3.All fire marshal and building official requirements must be met. 4.Satisfy the requirements outlined in the engineering review by Jon Jarosch, dated May 22, 2023. 5.Satisfy the requirements outlined in the environmental review by Shann Finwall, dated June 8, 2023. 6.The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. 7.Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.Elevation drawings of any roof-top or exterior building mechanical equipment for review and approval and, if necessary, the inclusion of required screening. 8.The applicant shall complete the following before occupying the building: a.Replace any property irons removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c.Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.The applicant shall submit an executed cross-access agreement to foster the conveyance of the frontage road to the west of its property to a private road. 9.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the Council Packet Page Number 74 of 162 G, Attachment 3 building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 10.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Lee Ayes – All The motion passed. Council Packet Page Number 75 of 162 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 76 of 162 I1 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director PRESENTER: Steven Love, Public Works Director AGENDA ITEM: Resolution of Municipal Consent of Final Layout for MnDOT TH 5 Improvements, City Project 25-10 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Minnesota Department of Transportation (MnDOT) is leading a roadway project on Trunk Highway 5 (TH 5) from Minnehaha Avenue to Lakewood Drive. Per state statute, municipal consent is required. The proposed project includes a 4-to-3-lane conversion, signal replacements, a new trail, drainage improvements, and ADA improvements. The City Council will consider the resolution of municipal consent of the final layout for MnDOT’s proposed improvements to TH 5. Recommended Action: Motion to approve the attached Resolution of Municipal Consent of Final Layout for MnDOT’s Trunk Highway 5 improvements project, City Project 25-10. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $236,000. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Maplewood’s estimated share of this project is $236,000 and will be funded through Municipal State Aid funds. These improvements are included in the City’s 2025-2029 Capital Improvement Plan (CIP), with construction taking place in 2026. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment These improvements will help improve safety along this section of TH 5 while upgrading the existing signal systems. Background The City Council held a public hearing on municipal consent for the final layout for MnDOT’s Trunk Highway 5 improvement project at the May 12, 20025 meeting. During the hearing, concerns were Council Packet Page Number 77 of 162 I1 raised about the potential impact onexisting vegetation along the east side of Trunk Highway 5 from the proposed trail. Following the public hearing, the City Council tabled the decision on municipal consent and requested that MnDOT look for creative changes that could be made to the design to minimize impacts from the proposed trail. MnDOT reviewed several options, including moving the existing curb on the east side of TH 5 six feet towards the center of the road. A final update to the design was provided to staff at the time of writing this report. This update revised the distance the existing curb would be moved from six feet to 4 feet (on average). The final design includes changes that will move the proposed trail approximately 8 feet closer to the center of the roadway, significantly reducing the potential impact on existing vegetation and driveway slopes. The following is a summary of the proposed changes to the design: Shift the existing east curb four feet (on average) toward the centerline of the road to create additional space for the trail Reduce the width of the boulevard area from six feet to four feet Narrow the proposed trail from ten feet to eight feet wide Overall, the project includes a 4-to-3 lane conversion, signal replacements, new trail construction, drainage, and ADA improvements. Municipal consent is required for this project because it reduces the number of through lanes from four to three lanes and requires the acquisition of permanent rights-of-way to construct a new trail along the east side of TH 5. MnDOT held an open house on Tuesday, April 15, 2025, at Gethsemane Lutheran Church to inform the public and gather feedback on its proposed improvement project for TH 5. Approximately 15-20 residents attended the meeting, with a number of them owning property immediately adjacent to the project. Most people supported the lane reduction. Feedback on the proposed trail was mixed, with roughly half of the people feeling the trail would not be used much. Several people strongly supported additional options for walking and biking in the area. The addition of the proposed trail is consistent with the City’s Living Streets Policy. Converting a four-lane road (two lanes in each direction) into a three-lane road (one lane in each direction with a center turn lane) can offer several safety benefits. The center turn lane minimizes rear-end collisions and sideswipes, as vehicles have a dedicated space for turning left. With a center turn lane, through traffic isn't impeded by vehicles waiting to turn left. Properties along the road also benefit from easier and safer access. This can smooth traffic flow and reduce congestion. Maplewood’s share of the project costs is estimated at $236,000 and is proposed to be funded through Municipal State Aid funds. The proposed project was identified in the 2025-2029 CIP plan, and construction will occur in 2026. If the project moves forward, a cooperative agreement will be required to cover construction costs and maintenance. Attachments 1.Resolution of Municipal Consent of Final Layout 2.Project Location Map 3.MnDOT Presentation Council Packet Page Number 78 of 162 I1, Attachment 1 RESOLUTION MUNICIPAL CONSENT OF FINAL LAYOUT City Project 25-10 th WHEREAS, a resolution of the City Council adopted March 24, 2025, set a date for a council hearing on the final layout of MnDOT’s Trunk Highway 5 street improvements project, City Project, 25-10; and WHEREAS, a public hearing was held on May 12, 2025, at the City Council meeting; and WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 6230-33 on Trunk Highway 5, from McKnight Road to Lakewood Drive within the City of Maplewood for 4 to 3 lane conversion, signal replacement, trail construction, drainage and ADA improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167; and WHEREAS, said final layout is on file in the Metro District Minnesota Department of Transportation office, Roseville, Minnesota, being marked as Layout No. 1A, S.P.6230-33, from R.P.185+00.280 to 185+00.825. NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, that the final layout for the improvement of Trunk Highway 5 within Maplewood city limits is approved. th Approved this 28 day of July 2025. Council Packet Page Number 79 of 162 I1, Attachment 2 ProjectLocationMap Lakewood Drive TH5 (StillwaterRoad) Minnehaha Avenue Council Packet Page Number 80 of 162 I1, Attachment 3 May 12, 2025 Maplewood, MN Maplewood City Council IźŭŷǞğǤ Ў ΑaĭYƓźŭŷƷ wķ Ʒƚ \[ğƉĻǞƚƚķ 5Ʃ Council Packet Page Number 81 of 162 I1, Attachment 3 2 City Council Consent Items 4 to 3 lane conversionRight-of-Way Acquisition for drainage (due to trail construction) onsent Items needed from City: C¤¤ Council Packet Page Number 82 of 162 I1, Attachment 3 3 Lakewood Dr Minnehaha Ave Overview Hwy 5 between McKnight Rd and Lakewood Drive4 to 3 lane conversionSignal replacementsTrail along East side of Hwy 5 (Stillwater Rd E)Drainage improvementsADA Improvements ¤¤¤¤¤¤ Council Packet Page Number 83 of 162 I1, Attachment 3 4 Crash rate along this segment of Hwy 5 is above normalThe signals on TH 5 at McKnight Rd and LakewoodDrive have already exceeded their 30-year service lifeGaps in the side path system resulted in a lack ofnetwork connectivity for people walking and bikingPavement needs resurfacing Project Purpose¤¤¤¤ Council Packet Page Number 84 of 162 I1, Attachment 3 5 ss Crash ReductionFewer rear-end and left-turn crashesFewer lanes for people walking to crossSimplifies left turns for sidestreets/drivewaysLess lane switching Project Benefits¤¤¤¤¤ Council Packet Page Number 85 of 162 I1, Attachment 3 6 Vehicles must slow down more to make right turnsLess crashesLess crossing distance for pedestrians ¤¤¤ Elimination of free-rightsFewer rear-end and left-turn crashesFewer lanes for people walking to crossSimplifies left turns for side streets/drivewaysLess lane switching Project Highlights¤¤¤¤¤ Council Packet Page Number 86 of 162 I1, Attachment 3 7 alking/biking Project Highlights dditional marked DA updates foot wide trail for rosswalks 8wAcPedestrian mediansImproved drainageA Council Packet Page Number 87 of 162 I1, Attachment 3 8 Concerns about impacts to established vegetationConsider revised layout that reduces impactsConcerns regarding steep driveway slopes ¤¤¤ Design revisions t Maplewood City Feedback from Public Hearing on 4/28/2025 aHall:Feedback from City Public Works: Council Packet Page Number 88 of 162 I1, Attachment 3 t 99 Trail is 8 ft Blvd is 4 ft Curb moved 4 f PROPOSED CROSS SECTION EXISTING CROSS SECTION 5ĻƭźŭƓ ĭƚƓĭĻƦƷƭ Α Council Packet Page Number 89 of 162 I1, Attachment 3 0 101 Original proposed cross section:9 ft shoulder, 6 ft boulevard, and 10 ft trailCurrent proposed cross section: 5 ft shoulder, 4 ft boulevard, and 8 ft trail 5ĻƭźŭƓ ĭƚƓĭĻƦƷƭ Α Council Packet Page Number 90 of 162 I1, Attachment 3 11 Project Timeline ethsemane Lutheran Church ity Council Mtg 7/28/2025 at onstruction: Summer hrough fall 2026 Public Meeting 4/15/2025 at GPublic Hearing 4/28/2025 at Maplewood City HallCMaplewood City HallCt Council Packet Page Number 91 of 162 I1, Attachment 3 12 Project webpage hwy5maplewood/index.html www.dot.state.mn.us/metro/projects/ Area Engineer Michael Corbett 651-253-2803 Kent Barnard Communications Lead Visit the project webpage and sign up to receive email updates Stay informed Council Packet Page Number 92 of 162 J1 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Setback VarianceResolution, Community Dental Care, 600 Carlton Street North Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The parking area is required to be 15 feet from the property line, and the applicant is requesting a variance to allow the project to be right up to the property line. A setback variance is required to move forward with this proposal. Recommended Action: Motion to approve a setback variance resolution for a patient pick-up drive and short-term parking area for Community Dental Care at 600 Carlton Street North. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $ 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset Mgmt.Environmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The city deemed the application complete on June 25, 2025. The initial 60-day review deadline for a decision is August 24, 2025. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days, if necessary, to complete the review. Background: Sjoquist Architects (applicant) on behalf of Community Dental Care (property owner) requests a variance to allow a patient pick-up drive and short-term parking area within the required parking setback. The parking area must be 15 feet from the property line, and the applicant is requesting a variance to allow the project to be right up to the property line on the west side of the existing building. Due to exterior site constraints, as the grade changes significantly on either side of the Council Packet Page Number 93 of 162 J1 building, the existing building’s interiorlayout restricts access toand fromthe lower leveland the existing parking lot. The applicant states that the proposed patient pick-up drive and short-term parking area would support the clinic’s operational needs and enhance the care provided to the patients. The drive-up would include two short-term parallel parking stalls along the west side of the building along Carton Street, limited to occasional patient pick-ups. A covered portico is shown to provide shelter for patients as they exit the lower level. To accommodate the proposed drive and lower-level patient pick-up, the trash enclosure will be moved north of its current location. The portico and the trash enclosure require a separate administrative design review through the city’s 15-day minor construction project application. Variances State statute allows variances to be approved when the proposal is in harmony with city goals and policies outlined in the comprehensive plan and official controls, and when practical difficulties exist. The practical difficulty standard outlines three factors that cities must consider on a variance request: reasonableness, uniqueness, and essential character. 1.Reasonableness – When the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. 2.Uniqueness – When the plight of the landowner is due to circumstances unique to the property, not created by the landowner. 3.Essential Character – When the variance, if granted, will not alter the essential character of the locality. Summary City staff have reviewed the application and found the request in harmony with the city's goals and policies outlined in the comprehensive plan and official controls. It also meets the standard for practical difficulties that must be applied. The applicant has provided a reasonable justification for the setback variance request and reviewed other areas on the site to find a suitable location that did not require a variance. The existing circumstances are unique to this property and were not created by the owner. The proposed project will not alter the essential character of the locality. w Commission Revie Planning Commission July 15, 2025: The Planning Commission held a public hearing and reviewed the project. The commission recommended that the City Council approve the setback variance request. Department Comments Randy Johnon, Building Official The passenger loading zone shall be accessible by the Minnesota Accessibility Code. All exterior site alterations must meet the minimum requirements of the Minnesota State Building Code. The applicant shall obtain a building permit from the Community Development Department as required for the project. Jon Jarosch, Assistant City Engineer The applicant shall ensure that the queue in the patient pick-up drive does not extend into Carlton Street. At no time shall the patient pick-up queue impede traffic flow on Carlton Street. The Council Packet Page Number 94 of 162 J1 applicant shall obtain a grading permit from the Public Works Department as required for the project. Public Comments Staff sent a public hearing notice and application details to the properties within 500feetof the subject property. No comments were received. Reference Information Site Description Site Size: 2.51 Acres Existing Land Use: Commercial Office Surrounding Land Uses North: Residential, Single-Dwellings South: Commercial, Daycare Center East: Residential, Single-Dwellings West: Vacant Parcel/Wetland Planning Existing Land Use: Employment Existing Zoning: Light Manufacturing Attachments: 1.Setback Variance Resolution 2.Overview Map 3.Future Land Use Map 4.Zoning Map 5.Applicant Narrative 6.Site and Elevation Plans 7.Civil Plans 8.Draft Planning Commission Meeting Minutes Dated July 15, 2025 9.Presentation Council Packet Page Number 95 of 162 Attachment 1 SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Community Dental Care has requested a 15-foot setback variance for a patient pick- up drive and short-term parking area within the required 15-foot parking setback. 1.02 The property is located at 600 Carlton Street North and is legally described as: The Westerly 140 feet of Lots 14, 15, 16, 17 and the West 140 feet of the North Half of vacated Fifth Avenue accrued thereto all in Block 1, Minty Acres, according to the recorded plat thereof in Ramsey County, Minnesota. The Westerly 115 feet of Lot 1, Block 2, and the Westerly 115 feet of the South Half of vacated Fifth Avenue accrued thereto all in Minty Acres, according to the recorded plat thereof in Ramsey County, Minnesota. That part of the East Half of the West Half of the East Three Quarters of the Northwest Quarter of the Northeast Quarter of Section 36, Township 29, Range 22, Ramsey County, Minnesota, lying East of the centerline of Carlton Street as described in Document No. 1503916, except the North 789.28 feet thereof. That part of the East Half of the West Half of the East Three Quarters of the Northwest Quarter of the Northeast Quarter of Section 36, Township 29, Range 22, Ramsey County, Minnesota, lying West of the centerline of Carlton Street as described in Document No. 1503916, except the North 324 feet thereof. Tax Parcel Identification: 10-29-22-32-0027 Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance, if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01 The setback variance request does meet the required standards for a variance. 1.That the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; 2.That the proposed use is reasonable; and 3.That the variance will not alter the essential character of the locality; and Council Packet Page Number 96 of 162 Attachment 1 4.That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 5.That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 1.On July 15, 2025, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2.On July 28, 2025, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby _______ the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the approved site plan. The Director of Community Development may approve minor changes. 2.The approval permits a 15-foot variance to construct the patient pick-up drive and short-term parking area up to the property line. The applicant cannot encroach on the right-of-way. 3.The applicant shall ensure that the queue in the patient pick-up drive does not extend into Carlton Street. At no time shall the patient pick-up queue impede traffic flow on Carlton Street. 4.The applicant shall obtain a grading permit from the Public Works Department as required for the project. 5.The passenger loading zone shall be accessible per the Minnesota Accessibility Code. All exterior site alterations must meet the minimum requirements of the Minnesota State Building Code. The applicant shall obtain a building permit from the Community Development Department as required for the project. 6.The proposed covered portico and trash enclosure requires a 15-day minor construction project application reviewed administratively through the Community Development Department. Council Packet Page Number 97 of 162 TvckfduQbsdfm Council Packet Page Number 98 of 162 TvckfduQbsdfm Council Packet Page Number 99 of 162 TvckfduQbsdfm Council Packet Page Number 100 of 162 Attachment 5 Council Packet Page Number 101 of 162 Council Packet Page Number 102 of 162 Council Packet Page Number 103 of 162 Council Packet Page Number 104 of 162 Attachment 6 Council Packet Page Number 105 of 162 Attachment 6 Council Packet Page Number 106 of 162 Attachment 6 Council Packet Page Number 107 of 162 Attachment 6 Council Packet Page Number 108 of 162 Attachment 7 43129 LICENSE NO. 612.379.9233 Suite 230 & SITE DESIGN Sartell, MN 56377 http://www.sjoquist.com Fx: (866) 633-1830 Ph: (320) 339-0669 schultzeng@live.com SCHULTZ ENGINEERING Minneapolis, Minnesota 55414 18 South Riverside Avenue www.schultzengdesign.com 3020 University Avenue SE, Suite 100 Sjoquist Architects, Inc specification or report was prepared I hereby certify that this plan,by me or under my direct supervisionand that I am a duly licensedEngineer under the laws of the stateof MinnesotaBRIAN J. SCHULTZ, PExx/xx/2025DATE PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 07/01/2025 NTSNTS NTS NTS 6" CURB FACE CIVIL SHEET INDEX K C-100 - STANDARD NOTES & SPECIFICATIONSC-101.1 - DEMOLITION & REMOVALS PLANC-101.2 - GRADING PLANC-101.3 - SWPPP - STANDARD NOTESC-101.4 - SWPPP - PLAN VIEWC-102 - PAVING PLAN L A " BITUMINOUS WEARING" BITUMINOUS BASE W 1212 E COURSE (MNDOT 2360 TYPESPWEA340B)TACK COAT BETWEENBITUMINOUS COURSESCOURSE (MNDOT 2360 TYPESPNWB330B)9" MNDOT CLASS 5AGGREGATE BASEAPPROVED COMPACTEDSUBGRADE4" CONCRETE4" MNDOT 3149.2B2 SELECTGRANULAR BORROWAPPROVED COMPACTEDSUBGRADE 11(MNDOT CONCRETE MIX 3F52) D I ' S 6 PAVEMENT . EX ) P A N O MA 2LS L 2" MIN. COMPACTED MNDOTCLASS 5 AGGREGATE BASEBELOW CURB AND GUTTERAPPROVED COMPACTEDSUBGRADE S E 1 IP : 1R E AE S V ( NOTESFROM THE CURB, THE GUTTER SHALL BE TILTED TODRAIN FROM THE CURB2. CONCRETE SHALL MEET THE REQUIREMENTS OFMNDOT CONCRETE MIX 3F323. MNDOT B612 CURB AND GUTTER SHALL MEET THEREQUIREMENTS OF STANDARD MNDOT PLATE 7100 1. FOR AREAS WHERE DRAINAGE IS DIRECTED AWAY 7" " 8 - ' 5 '6" CURBFACE 6 . " 3EX P RA O M 20"L 2 S 1 : 1 " PER FT SLOPE 34 CONCRETE K L 8"A " 6"3W E R D I S 6" CONTRACTION AND EXPANSION JOINTS SHALLBE CONSTRUCTED AS PER MNDOT SPEC.2521.3C2 TRUNCATED DOMESAS PER MNDOT STD. PLATE 7038A ADA RAMPS W/ LANDING CURB & GUTTER (MNDOT B612) BITUMINOUS PAVEMENT SECTIONCONCRETE SIDEWALK SECTION 13 1/2" 1234 4" - Concrete Sidewalk - 3" slump, 4500 psi, 5-8% air 12 a) 3F32: b) 3F52: 2 - 5" slump, 4500 psi, 5-8% airc) 3A41: 2 - 5" slump, 4500 psi, 5-8% aird) Temperatures of all concrete during placement shall be 50-deg F to 90-deg Fa) The independent testing technician shall perform random field testing of the fresh concrete including slump,b) The independent testing technician shall cast a set of four compression test cylinders for the first load of a) Curb and gutter, slip-formed concrete: MNDOT Spec. 2461, Mix Design 3F32b) Sidewalk, aprons, incidental concrete, manual curb & gutter: MNDOT Spec. 2461, Mix Design 3F52c) Concrete pavements: MNDOT Spec. 2301, Mix Design 3A41d) Repair concrete, fast strength concrete: MNDOT Spec. 2301, Mix Design 3A41HE 2) Concrete Specifications:1) Place concrete as soon as possible after mixing. Place before initial set has occurred, and in no event after2) Avoid overworking concrete or allowing concrete to fall unrestricted for excessive vertical distances, and other3) Concrete pavements shall be placed in accordance with applicable portions of MnDOT 2301.4) Sidewalks shall be placed in accordance with MnDOT 2521.5) Curb and gutter shall be placed in accordance with MnDOT 2531.1) Provide adequate protection against rain, sleet and snow before and during placement and finishing of concrete.2) Protect concrete from premature drying. Provide temporary covering as required. Keep concrete3) Treat concrete with membrane curing compound in accordance with MnDOT 2531.3G.1) Do not place concrete when the atmospheric temperature is below 40 degrees F., or when the concrete is likely2) Maintain concrete temperature of 40 to 90 degrees F. for 3 days. Protect from freezing for the following 5 days.3) No frozen materials may be used in the concrete. Chemicals may not be used to prevent freezing unless4) Perform all cold weather concreting in accord with ACI 306.1) Do not place concrete when the atmospheric temperature is above 100 degrees F.2) Maintain concrete temperature of 40 to 90 degrees F. for 3 days. Protect from temperatures over 90 degrees3) Thoroughly wet dry porous surfaces before concreting.4) Water reducing admixtures with retarding properties are required for all concrete placed when the temperature5) Perform all hot weather concreting in accord with ACI 305.1) Provide a broomed finish on exterior sidewalks and ramps unless noted otherwise.1) The Contractor shall hire an independent testing firm to provide the following tests: 1) Clean, fresh and potable, MnDOT Spec. 3906. 1) Coarse: MnDOT Spec. 3137.2) Fine: MnDOT Spec. 3126.1) ASTM C150, Type I plus an approved air entraining agent, or Type IA air-entraining Portland cement.1) Concrete Classifications 1) ACI 318, ACI 315, CRSI, ACI 301, latest adoptions.2) Minnesota Standard Specifications for Construction, most recent edition1) Compacted thickness of finished base: 6" - Concrete Pavement/Aprons2) Base material shall consist of MNDOT 3149.2B2 Select Granular Borrow.CONCRETE PLACEMENT it has contained its water content for more than one hour. situations which can cause segregation of the aggregates. continuously moist for 7 days.COLD WEATHER CONCRETE to be subjected to freezing temperatures within 24 hours after it has been deposited unless adequate temporary heating is provided. approved by the Engineer. for the following 5 days. exceeds 80 degrees F.QUALITY CONTROL air content, and temperature. (ASTM C143, C173, C231 and C138). One series of the aforementioned tests shall be performed on the first load of concrete. concrete as well as 1 set for every 100 cubic yards, or fraction thereof, of concrete thereafter. Compression tests shall be performed on one test cylinder at 7 days and two test cylinders at 28 days. The fourth test cylinder shall be retained in the event of failing compression tests on the 28-day test cylinders. WATERAIR ENTRAINING ADMIXTURES 1) ASTM C260. 2) Provide entrainment of 4 - 7 percent by volume.OTHER ADMIXTURES 1) MnDOT Spec. 3113. 2) Calcium Chloride or materials containing chlorides or nitrates shall not be allowed.PROTECTIONHOT WEATHER CONCRETEFINISHING AGGREGATESPORTLAND CEMENTPROPORTIONING AND DESIGN OF MIXES CONCRETE PAVEMENT, CURB & GUTTER, AND SIDEWALKSTANDARDSGRANULAR BASE COURSE MATERIAL inches thick 12 inches thick after compaction. 1 2 a) Bituminous street patch: Verify w/ Cityb) Bituminous pavement: 12" below finish grade.c) Concrete sidewalk: 8" below finish grade.d) Lawn areas: 4" below finish grade.e) Planting areas: See Landscaping Plans/Details a) Lawn Areas on Private Property: Spread 4" lightly compacted layer of topsoil.b) Lawn Areas in Public Right-of-way: Per City requirementsc) Planting Areas: See Landscape Plan/Detailsafter compaction. Bituminous Surface course shall conform to MnDOT 2360, Type SPWEA340B anda) Paving mixture: Uniform mixture of course aggregate, fine aggregate, mineral filler and asphaltic material.b) Grading and mixing: Conform to applicable sections of the Minnesota Standard Specifications for Highwaya) Test temperature of first truck.b) Ordinary compaction (MNDOT 2360.6C) 5) Optimum moisture-density relationship will be determined by testing laboratory in accordance with ASTM D6981) Finished subgrade elevations shall be as follows:2) The tolerance for areas to be paved shall not exceed 0.15 feet above or below plan subgrade.3) The Contractor shall protect newly graded areas from erosion. Settlement or washing that occurs prior SUBGRADE PREPARATION to acceptance of the Work shall be repaired and grades re-established.2) Bituminous Testing: and maximum density determination made by Method D of ASTM D698 unless otherwise noted in these specifications.2) Lay to a smooth surface without segregation of material and attain compaction as early as possible.3) The completed surface: Smooth, free of pockets that will retain water and shall not vary more than 1/16" per4) Perform all Work in accordance with the applicable requirements of the Minnesota Standard Specifications for1) Special marking paint compound especially for striping bituminous paving in one coat.2) Manufacturers: Pratt & Lambert, Inc.; Sherwin Williams Co. or DuPont Co.3) Colors: Use white paint for concrete and asphalt.4) All surfaces to be painted must be thoroughly clean and dry.5) Lay out painted lines with chalk on pavement in accordance with Project Drawings.6) Accurately apply paint to the chalk marks, using striping machines, 4" wide stripes.7) Apply paint in strict accordance with the manufacturer's directions.8) Protect all paint from damage by traffic until dry.9) Apply handicap logo at handicap stall.1) Aggregate Base Testing: 5) Place in layers not exceeding 4" thickness (loose).6) Compact with pneumatic or vibrating steel drum rollers.7) After base course has been graded and compacted, thoroughly wet and slush roll with roller until8) Allow base course to cure for a minimum of 72 hours prior to bituminous course application.1) Mix Designation Numbers for the bituminous mixtures on this project are per MNDOT Spec. 23602) Pavement smoothness requirements will be waived for this project.3) Density for the bituminous mixture on this project will be the ordinary compaction method (MNDOT4) Bituminous Base course shall conform to MnDOT 2360, Type SPNWB330B and shall be 15) Place no asphaltic mixture when the atmospheric temperature is below 45 degrees and falling, nor should6) Mixing1) Properly clean base course and deliver hot mix asphaltic concrete in clean tight vehicles with covers if necessary. 1) The Contractor shall remove excess excavated material, debris, and waste materials, from the1) Scarify subgrade to depth of 3" prior to placing topsoil. Spread topsoil evenly over complete subgrade as follows:2) Finish grade accurately within 0.15 feet of finish grades shown on the project drawings, less the thickness of any sod3) Prepare topsoil suitable to receive seed and/or sod. Grading of areas designated for topsoil shall be reasonably4) Grass seed shall be in accordance with MnDOT Spec. 3876, seed mix No. 25-131, applied at the rate of 2201) Minnesota Standard Specifications for Highway Construction, most recent edition.1) Compacted thickness of finished base course: 9"2) Process material for aggregate base shall meet the requirements of MNDOT Spec. 3138, Class 5.3) The subgrade shall be tested and observed to the satisfaction of the Engineer prior to placement of4) Wet base material to approximate optimum moisture content either prior to delivery to job site or as soon as Commence rolling while the material is hot, (minimum spread temperature 250 degrees F.) as soon as it will support the roller without undue displacement or hairline cracking and continue until a minimum of 96% of maximum has been attained, no further compression can be attained and all roller marks are eliminated. foot nor more than 1/4" under a 16' straight edge. Entire surface must drain. No flat areas are permitted. Highway Construction. PAINTED LINES a) The granular base course shall be test rolled and observed by the Contractor's independent soils technician as per MNDOT 2211.3C2 (Quality Compaction Method). Once the base course has been tested to the satisfaction of the Engineer, pavement may be placed. b) One mechanical analysis (ASTM D-422) per 500 cubic yards of base or fraction thereof. Owner's property and legally dispose of it in accordance with all governing codes. where it is to be installed. Slope all grades away from buildings to provide positive drainage. smooth and even, and in accordance with MNDOT Spec. 2105.3G and 2574.3A4. All debris and stones exceeding 3" in diameter shall be removed from the soil surface of these areas prior to seeding. Areas compacted by vehicles or storage of materials shall be plowed, disked and harrowed to match texture of other finish graded areas. pounds per acre or as indicated on the landscape plans. Mulch shall be applied and discanchored to all seeded areas and shall meet the requirements of MnDOT Spec. 3882, Type 3 or as otherwise indicated by the Engineer. all aggregates are thoroughly embedded. 2360.6C). shall be 1 pavement be placed under wet conditions. Construction, Section 2360.CONSTRUCTION METHODSFIELD QUALITY CONTROL DISPOSAL OF EXCESS WASTE MATERIALSSPREADING TOPSOIL AND FINISH GRADINGSTANDARDSGRANULAR BASE AND SURFACE COURSES aggregate base material. Install base material as required to accommodate new plan grades. practical after being placed on subgrade.BITUMINOUS BASE AND SURFACE COURSE BITUMINOUS PAVEMENT NOTES specifically indicated shall be determined by interpolation of uniform slope between spot elevations and/or contours,or between such points and existing elevations. Adequate slope shall be constructed to provide positive drainageaway from structures. 1) Elevations shown on the project drawings are finished grade elevations, unless noted otherwise. Elevations not2) If inconsistencies exist on the plans between contours and spot elevations, the spot elevations shall govern.3) Areas exhibiting a failed compaction test shall be re-compacted and re-tested to the satisfaction of the Engineer.4) Copies of all compaction testing and test roll observation reports shall be provided to the Engineer. 1) Utility Trench Backfill: The Contractor's independent soils technician and approved testing laboratory shall2) Compacted Fill Under Pavements: Compaction tests shall not be required beneath new pavements. 1) The Contractor shall maintain all benchmarks, monuments and other reference points. If any are disturbed or3) The Contractor shall be responsible for any damage to functioning underground or overhead utility lines.4) The Contractor shall provide barricades, shoring and other safety measures required by OSHA.5) The Contractor shall protect all adjacent existing facilities from damage, including, but not limited to settlement1) The Contractor shall become familiar with the project site, and compare actual conditions in the field with those2) No extra compensation will be allowed due to unusual conditions which could have reasonably been determined or1) Adequate imported and/or stockpiled salvageable topsoil shall be utilized for this project.2) Topsoil shall be free of clay lumps, roots, brush, large stones, and debris, and shall have a minimum organic3) Remove topsoil to its entire depth from areas, which are to be disturbed by new construction work. Existing4) Stockpiled topsoil shall only be used for finish grading of new lawn areas. Excess topsoil shall be removed5) Protect all existing lawn areas, plantings, and other landscaping to remain in place. Any damaged areas shall1) The Engineer shall be contacted immediately if any unforeseen major obstacles are encountered during2) The Contractor shall still be responsible for completing all work required for this project where encountered1) Surface drainage shall be provided during construction in a manner so as not to create a nuisance to2) All excavations shall be free of water during construction within the excavations. Dewatering shall be3) Berms, cofferdams, or piling shall be provided as necessary to protect excavations.4) Excavations shall be sloped to drain, and necessary pumps, hoses and other equipment shall be provided to5) All temporary equipment used for dewatering shall be removed from the site when no longer necessary.1) Rough grading of all areas within the construction limits, including adjacent transition areas shall be reasonably2) Fill and backfill materials shall be inorganic soils free of roots, rocks, boulders, and debris.3) Bedding material or granular backfill larger than 2" in its largest dimension shall not be allowed within 2 feet4) Imported compacted fill material shall have a maximum of 12 percent passing the #200 sieve, by weight.5) The Contractor shall fill and grade as necessary to bring surface to required elevations, and provide all6) The Contractor shall place compacted material in uniform horizontal lifts not exceeding 8" in depth for clay7) Compaction shall be obtained with the use of vibratory rollers or rammers. During compaction, fill material8) Areas designated for pavement in excavated (cut) areas shall be scarified to a depth of 1 foot. The Contractor9) The Contractor shall not place fill material when either the fill material, or the material on which it is to be perform in-place density and moisture tests at random depths in trench backfill at 100 foot intervals, or fraction thereof. Compaction of trenches shall be a minimum of 95% of the maximum dry density (as determined by the independent testing laboratory) in lawn areas, and at depths greater than 3 feet below areas designated for pavement. Compaction of trenches at depths within 3 feet of paved surfaces shall be a minimum of 100% of the maximum dry density. Adequate compaction of materials under pavements shall be determined by test rolling the subgrade, and checking for excessive rutting. Test rolling shall be performed as per MNDOT Spec. 2111. STANDARDS AND REFERENCESSpecifications for Construction and review the specification sections applicable to the plans.specification sections. destroyed, they shall be replaced at the Contractor's expense. 2). The Contractor shall contact the Engineer immediately if any unknown functioning underground utilities are discovered during the course of the project, which may interfere with construction. The Contractor shall wait for instructions before proceeding. Damaged utilities shall be repaired immediately and service restored at no additional cost to the Owner. due to excavations, erosion, etc. The Contractor shall be responsible for the repair of such damages. shown on the project drawings. The Contractor shall contact the Engineer immediately if any inconsistencies are found between the existing conditions and the project drawings. anticipated by examination of the project site and project drawings.TOPSOIL content of 5 percent. lawn areas, which are not in the proposed construction area(s) shall remain in place. The Contractor shall field verify topsoil depths between any soil borings, and remove to greater depths than indicated in the soils report if such conditions are encountered. Salvaged topsoil shall be maintained in stockpiles. from the site by the Contractor. be replaced at the Contractor's expense. excavation, such as abandoned wells, abandoned or functioning utilities, subsurface streams or rock, etc., which would add significant expense to the Contractor. conditions may be reasonably determined from a soils/geotechnical report and review of the project site and contract documents. adjacent areas. accomplished by pumping or trenching, and shall be conducted regardless of the cause, source, or nature of the water. keep excavation free of water. smooth and compacted. The rough graded subgrade surface generally shall not be more than 6 inches above or below the established subgrade elevations. All ditches, swales, and gutters shall be graded to drain adequately. The subgrade shall be evenly sloped to provide drainage away from building walls in all directions at a minimum slope of 1%. The Contractor shall provide rounded transitions at top and bottom of banks and other breaks in grade. of new underground pipes. Material larger than 3" in its largest dimension shall not be allowed within 1 foot of subgrade elevation. The proposed fill material shall be tested by an independent testing lab for suitability as compacted fill for this project. The Contractor shall pay for the testing services and provide a copy of the test results to the Engineer. materials necessary, whether obtained on or off the project site. soils, and 12" in depth for sandy soils, and compact as required to achieve specified density. shall contain moisture content, as necessary, for the required compaction as indicated by an independent testing laboratory. The moisture shall be uniform throughout each lift. If the material is too dry, water shall be added with approved equipment and methods, which will not wash out fine material. If the material is too wet, it shall be dried by harrowing, disking, blading, or other approved methods recommended by the independent testing laboratory. shall bring the subgrade material to optimum moisture content as indicated by the independent testing laboratory, and compact the subgrade to the specified density listed below for soils underneath pavements. placed, is frozen. Any soft or yielding areas appearing in the fill resulting from frost, rain, or any other reason whatsoever shall be scarified, removed, recompacted and/or otherwise rectified to the satisfaction of the Engineer before any new fill is placed.COMPACTION TESTS Materials and construction methods specified in the plans reference the Minnesota Department of Transportation(MNDOT) Standard Specifications for Construction. The Contractor shall obtain a current copy of MNDOT's StandardIt is mandatory that the Contractor be knowledgable of the applicable MNDOT specification sections during construction.No additional compensation will be paid to the Contractor for additional work due to unfamiliarity with the applicableContractor shall refer to the geotechnical report, if any, for additional requirements and recommendations.EARTHWORK NOTESPROTECTIONPROJECT CONDITIONSPLAN GRADESUNFORESEEN OBSTACLESDEWATERINGFILLING AND GRADING Council Packet Page Number 109 of 162 Attachment 7 43129 LICENSE NO. 2040 N 612.379.9233 Suite 230 & SITE DESIGN Sartell, MN 56377 http://www.sjoquist.com Fx: (866) 633-1830 Ph: (320) 339-0669 schultzeng@live.com SCHULTZ ENGINEERING Minneapolis, Minnesota 55414 18 South Riverside Avenue www.schultzengdesign.com 3020 University Avenue SE, Suite 100 Sjoquist Architects, Inc 0 specification or report was prepared I hereby certify that this plan,by me or under my direct supervisionand that I am a duly licensedEngineer under the laws of the stateof MinnesotaBRIAN J. SCHULTZ, PExx/xx/2025DATE PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 07/01/2025 CIVIL SHEET INDEX C-100 - STANDARD NOTES & SPECIFICATIONSC-101.1 - DEMOLITION & REMOVALS PLANC-101.2 - GRADING PLANC-101.3 - SWPPP - STANDARD NOTESC-101.4 - SWPPP - PLAN VIEWC-102 - PAVING PLAN STEPS, AND CURB & GUTTER TO EXISTING PAVEMENT, SIDEWALK,BE REMOVED EXISTING BUILDINGS, PAVEMENT/HARDSCAPES, OR UTILITIES (IE: MANHOLES, GATE VALVES, ETC.) DESIGNATED TO REMAIN. THE CONTRACTOR SHALL COORDINATE DEMOLITION AND REMOVAL OPERATIONS WITH THE OWNER, AND SHALL CONTACT GOPHER STATE ONE CALL (800) 252-1166 FOR A UTILITY LOCATE. ANY BUILDINGS, PAVEMENTS/HARDSCAPE, OR UTILITIES, DESIGNATED TO REMAIN, THAT IS DAMAGED BY THE CONTRACTOR SHALL BE REPAIRED AT THE CONTRACTOR'S EXPENSE. DISPOSED OF OFF-SITE PER FEDERAL, STATE AND LOCAL REQUIREMENTS. AN APPROPRIATE SAW TO OBTAIN A STRAIGHT VERTICAL EDGE. SHALL BE RE-GRADED, SEEDED, AND MULCHED. THE MULCH SHALL BE DISCANCHORED. REMOVAL WITH OWNER. UTILITIES (GAS, ELECTRIC, COMMUNICATIONS, ETC.) WITH LOCAL UTILITY. 2. ALL BITUMINOUS AND CONCRETE MATERIAL DESIGNATED FOR DEMOLITION SHALL BE REMOVED AND3. EXISTING PAVEMENT, CURB & GUTTER, AND/OR SIDEWALK AT THE DEMOLITION LIMITS SHALL BE SAWCUT WITH4. EXISTING LAWN AREAS, NOT DESIGNATED FOR DISTURBANCE, WHICH ARE DAMAGED DURING CONSTRUCTION5. TREES LOCATED IN THE PROPOSED CONSTRUCTION AREA SHALL BE REMOVED. VERIFY EXTENT OF TREE6. COORDINATE ALL NECESSARY RELOCATION AND/OR ADJUSTMENTS OF EXISTING NON-SEWER AND NON-WATER DEMOLITION AND REMOVAL NOTES:1. DURING ALL DEMOLITION OPERATIONS THE CONTRACTOR SHALL BE CAREFUL SO AS TO NOT DAMAGE 6 0 0 1 I 12" 5 0 01 12" I 4 0 01 20 01 3 0 01 12" I 2 0 01 10" 10 10"01 UTILITY EASEMENT PERDOC. NO. 2613609 1 100 I 10" 10" I 0 0 0 1 CURB & GUTTER 00 01 9 9 9 I POSSIBLE APPROXIMATELOCATION PER MAPSPROVIDED BY CITY TREE LINE BRICK I 8 C 9 9 7 9 9 FOUNDATION 6 9 9 C I 5 9 9 FLOOR ELEV.=1000.04 PEDESTRIAN RAMP I 4UTILITY EASEMENT PERDOC. NO. 2613609 9 9 I 3 9 9 0 9 9 1 9 I 9 2 9 9 UTILITY EASEMENT PERDOC. NO. 2122881 9 PAVEMENTDEMOLITIONLIMITS (TYP) 8 9 BUILDING 8 8 9 I CURB & GUTTER (TYP) REMOVE EXISTING FLOOR ELEV.=988.78 PROPERTY LINE FLOOR ELEV.=988.80 REMOVE EXISTINGCONC. SIDEWALK(TYP) 988 7 8 9 9 8 9 I CURB & GUTTER GRAPHICALLYSHOWN PERRECORD PLAN TREE LINE II II II I I X 8 8 9 REMOVE EXISTINGFENCE (TYP) REMOVE EXISTINGCURB & GUTTER (TYP) UTILITY EASEMENT PERDOC. NO. 2122881 PAVEMENTDEMOLITIONLIMITS (TYP) P 7 H 89 O REMOVE EXISTINGCONC. SIDEWALK (TYP)XI EXISTING CURB& GUTTER TOREMAIN (TYP) P H O P H O REMOVE EXISTINGPAVEMENT (TYP) 7 8TOC ELEV.=986.32INV. ELEV.=983.59 9 P CURB & GUTTER H O P I H O SITE BENCHMARKELEV.=989.47(TOP NUT HYDRANT) F T P S H O F P H F O F P H O F T F S 6 P 89 H O P H O N S P N SH DEMOLITIONLIMITS (TYP) O 6 T 8 9 NS S INV. ELEV.=978.93 TOC ELEV.=986.71 P H O SN N S P N SH O N S 6 8 9 N S T N S S N S TOC ELEV.=985.31NE INV. ELEV.=982.65S INV. ELEV.=981.21W INV. ELEV.=981.25 PAVEMENTDEMOLITIONLIMITS N S TOC ELEV.=985.34N INV. ELEV.=981.55SE INV. ELEV.=982.00 N S 689 DEMOLITIONLIMITS (TYP) 4 5.8 03 STREET PAVEMENT REMOVE EXISTING(TYP)SN N TS PAVEMENTDEMOLITIONLIMITS 68 S 9 REMOVE EXISTINGDRIVEWAY ENTRANCE(TYP)N S PAVEMENTDEMOLITIONLIMITS TRAVELED CENTERLINE T TOC ELEV.=987.43INV. ELEV.=980.61 ST TOC ELEV.=985.37N INV. ELEV.=979.09E INV. ELEV.=980.65S INV. ELEV.=980.35 S TOC ELEV.=985.38N/S INV. ELEV.=980.57 T S THE PUBLIC RIGHT-OF-WAY. NOTE: CONTRACTOR AND/OR OWNERSHALL OBTAIN ALL NECESSARY PERMITS ANDAPPROVALS FOR WORK TO BE COMPLETED IN Council Packet Page Number 110 of 162 Attachment 7 43129 LICENSE NO. 2040 N 612.379.9233 Suite 230 & SITE DESIGN Sartell, MN 56377 http://www.sjoquist.com Fx: (866) 633-1830 Ph: (320) 339-0669 schultzeng@live.com SCHULTZ ENGINEERING Minneapolis, Minnesota 55414 18 South Riverside Avenue www.schultzengdesign.com 3020 University Avenue SE, Suite 100 Sjoquist Architects, Inc 0 specification or report was prepared I hereby certify that this plan,by me or under my direct supervisionand that I am a duly licensedEngineer under the laws of the stateof MinnesotaBRIAN J. SCHULTZ, PExx/xx/2025DATE PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 07/01/2025 CIVIL SHEET INDEX C-100 - STANDARD NOTES & SPECIFICATIONSC-101.1 - DEMOLITION & REMOVALS PLANC-101.2 - GRADING PLANC-101.3 - SWPPP - STANDARD NOTESC-101.4 - SWPPP - PLAN VIEWC-102 - PAVING PLAN ALL EXISTING SITE CONDITIONS INCLUDING, BUT NOT LIMITED STORM SEWER UTILITIES, INCLUDING EXISTING STUBS INCLUDING EXISTING STUBSELECTRIC, COMMUNICATIONS, ETC.) *LOCATIONS, DEPTHS, SIZES, AND MATERIAL TYPES OF EXISTING SANITARY, WATER, AND*RIM AND INVERT ELEVATIONS OF EXISTING SANITARY AND STORM SEWER UTILITIES,*LOCATIONS AND DEPTHS OF EXISTING NON-SEWER AND NON-WATER UTILITIES (IE: GAS,*EXISTING ABOVE-GROUND INFRASTRUCTURE AND SITE FEATURES *"EX" DENOTES EXISTING SPOT ELEVATION*"HP" DENOTES HIGH POINT*"FL" DENOTES FLOWLINE*"BC" DENOTES BACK OF CURB*"EC" DENOTES EDGE OF CONCRETE*"EP" DENOTES EDGE OF PAVEMENTNOTE: CADD FILES FOR ESTIMATING EARTHWORK QUANTITIES ARE AVAILABLE TO CONTRACTORSFOR PREPARING BIDS. IN ORDER TO RECEIVE THE CADD FILES, THE CONTRACTOR WILL NEED TOSIGN A HOLD-HARMLESS AGREEMENT PROVIDED BY SCHULTZ ENGINEERING & SITE DESIGN, ANDAGREE TO PAY A $50 PROCESSING FEE. THE CADD FILES WILL BE RELEASED UPON RECEIPT OFTHE CHECK ADEQUATE POSITIVE DRAINAGE TOWARDS CATCH BASINS, CURB CUTS, PONDS, BASINS AND/ORTHAT ADEQUATE POSITIVE DRAINAGE IS CONSTRUCTED AND MAINTAINED THROUGHOUT THE 7. FINISHED ELEVATIONS OF LANDSCAPED AREAS IMMEDIATELY ADJACENT TO BUILDINGS SHALLOTHERWISE ON THE PLAN.OTHER OUTLETS. THE CONTRACTOR SHALL BE RESPONSIBLE TO CONSTRUCT SPECIFIED SURFACEINFRASTRUCTU RE TO ELEVATIONS AND GRADES INDICATED ON THIS PLAN, AS WELL AS ENSUREENTIRE SITE AND/OR CONSTRUCTION AREA. TO, THE FOLLOWING:2. NOTIFY ENGINEER IMMEDIATELY IF ANY INCONSISTENCIES ARE DISCOVERED BETWEEN ACTUALSITE CONDITIONS AND WHAT IS SHOWN ON THE PLANS, WHICH ARE SIGNIFICANT ENOUGH TOALTER THE INTENT OF THE DRAWINGS.3. EXISTING TOPOGRAPHICAL INFORMATION WAS OBTAINED FROM A TOPOGRAPHICAL SURVEYCOMPLETED BY O'MALLEY & KRON LAND SURVEYORS, COLD SPRING, MN (320) 685-59054. BENCHMARK: TOP NUT OF HYDRANT LOCATED AT SOUTHWEST CORNER OF PROPERTY5. CONTRACTOR SHALL CONTACT GOPHER ONE CALL AT (800) 252-1166 FOR A UTILITY LOCATEPRIOR TO THE START OF CONSTRUCTION AND VERIFY LOCATIONS OF EXISTING UTILITIES BEFOREBEGINNING WORK.6. SEE SHEET C-100.1 FOR STANDARD DETAILS.BE A MINIMUM OF 6" BELOW FINISHED FLOOR OR TOP-OF-BLOCK ELEVATION, UNLESS NOTED8. CONTRACTOR SHALL PERFORM ALL NECESSARY CALCULATIONS TO VERIFY EARTHWORKQUANTITIES. CONTRACTOR'S BID RELATED TO EARTHWORK, CUTTING, FILLING, GRADING , ETC.SHALL BE BASED ON EARTHWORK CALCULATIONS COMPLETED BY THE CONTRACTOR.9. SPOT ELEVATIONS INDICATED ON THIS PLAN REPRESENT FINISHED SURFACE ELEVATIONS, UNLESSNOTED OTHERWISE.SPOT ELEVATIONS LOCATED ALONG CURB & GUTTER OR THICKENED EDGE SIDEWALK REPRESENTFLOWLINE ELEVATIONS OF GUTTER SECTION OR ADJACENT PAVEMENT. TOP-OF-CURB ORTOP-OF-THICKENED EDGE SIDEWALK SURFACE ELEVATIONS ARE 6" ABOVE THE FLOW LINE SPOTELEVATION SHOWN ON THE PLANS, UNLESS NOTED OTHERWISE.11. ALL SPOT ELEVATIONS AND CONTOURS INDICATED ON THIS PLAN ARE INTENDED TO PROVIDE GRADING NOTES:1. CONTRACTOR SHALL FIELD VERIFY (SEE PLAN) - ELEV = 989.4710. SPOT ELEVATION DESIGNATIONS: 6 0 0 1 I 12" 5 0 01 12" I 4 0 01 20 01 3 0 01 12" I 2 0 01 10" 10 10"01 UTILITY EASEMENT PERDOC. NO. 2613609 1 100 I 10" 10" I 0 0 0 1 CURB & GUTTER 00 01 9 9 9 I POSSIBLE APPROXIMATELOCATION PER MAPSPROVIDED BY CITY TREE LINE BRICK I 8 C 9 9 7 9 9 FOUNDATION 6 9 9 C I 5 9 9 FLOOR ELEV.=1000.04 PEDESTRIAN RAMP I 4UTILITY EASEMENT PERDOC. NO. 2613609 9 9 I 3 9 9 0 9 9 1 9 I 9 2 9 9 UTILITY EASEMENT PERDOC. NO. 2122881 9 8 9 BUILDING EX 8 EXISTING BUILDINGLOWER FFE = 988.80(FIELD VERIFY)8 9 I FLOOR ELEV.=988.78 PROPERTY LINE EX FLOOR ELEV.=988.80 988 NOTE: PROVIDE POSITIVE DRAINAGEAROUND TRASH ENCLOSURE - FIELD VERIFYEXISTING GRADES AND ELEVATIONS 7 8 9 9 8 9 I CURB & GUTTER GRAPHICALLYSHOWN PERRECORD PLAN TREE LINE II II II EX-FL I I 988 X 8 8 9 EX-FL DEMOLITIONLIMITS (TYP) UTILITY EASEMENT PERDOC. NO. 2122881 P 7 H 89 O XI P H O 7 P H 8 O 9889 7 7 8 8TOC ELEV.=986.32INV. ELEV.=983.59 9 9 P CURB & GUTTER H O P I H O 7 SITE BENCHMARKELEV.=989.47(TOP NUT HYDRANT) 8 F 9 T P S H O F P H F O F P H O F EX-FL T F S EX-FL 6 P 89 H O 6 8 9 P H EX-FL O N S EX-FL P N SH O 6 T 8 9 NS S INV. ELEV.=978.93 TOC ELEV.=986.71 P H O SN N S EX-FL P N SH O N S 6 8 9 N EX-FL S T N S S DEMOLITIONLIMITS (TYP) N S TOC ELEV.=985.31NE INV. ELEV.=982.65S INV. ELEV.=981.21W INV. ELEV.=981.25 N S TOC ELEV.=985.34N INV. ELEV.=981.55SE INV. ELEV.=982.00 N S 689 4 5.8 03 DEMOLITIONLIMITS (TYP) SN N TS 68 S 9 N S TRAVELED CENTERLINE T TOC ELEV.=987.43INV. ELEV.=980.61 ST TOC ELEV.=985.37N INV. ELEV.=979.09E INV. ELEV.=980.65S INV. ELEV.=980.35 S TOC ELEV.=985.38N/S INV. ELEV.=980.57 T S THE PUBLIC RIGHT-OF-WAY. NOTE: CONTRACTOR AND/OR OWNERSHALL OBTAIN ALL NECESSARY PERMITS ANDAPPROVALS FOR WORK TO BE COMPLETED IN Council Packet Page Number 111 of 162 Attachment 7 43129 LICENSE NO. 612.379.9233 Suite 230 & SITE DESIGN Sartell, MN 56377 http://www.sjoquist.com Fx: (866) 633-1830 Ph: (320) 339-0669 schultzeng@live.com SCHULTZ ENGINEERING Minneapolis, Minnesota 55414 18 South Riverside Avenue www.schultzengdesign.com 3020 University Avenue SE, Suite 100 Sjoquist Architects, Inc specification or report was prepared I hereby certify that this plan,by me or under my direct supervisionand that I am a duly licensedEngineer under the laws of the stateof MinnesotaBRIAN J. SCHULTZ, PExx/xx/2025DATE PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 07/01/2025 CIVIL SHEET INDEX C-100 - STANDARD NOTES & SPECIFICATIONSC-101.1 - DEMOLITION & REMOVALS PLANC-101.2 - GRADING PLANC-101.3 - SWPPP - STANDARD NOTESC-101.4 - SWPPP - PLAN VIEWC-102 - PAVING PLAN based products, wood preservatives, additives, curing compounds, and acids) shall be - "Dandy Dewatering Bag" (or approved equivalent), as manufactured by Dandy Products,Inc. DandyThe "Dandy Dewatering Bag" shall be installed, utilized, and maintained per the manufacturer'sAdequate erosion control shall be provided at the point of discharge if it is located in an area withsuch that no erosion occurs at the point of discharge.Solid waste accumulated during construction, including collected sediment, construction materials, (e.g., plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected by a similarly effective means designed to minimize contact with storm water. be maintained under cover (e.g., plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected by similarly effective means designed to minimize contact with stormwater. petroleum properly stored in sealed containers to prevent spills, leaks or other discharge. Restricted access storage areas shall be provided to prevent vandalism. Storage and disposal of hazardous waste or hazardous materials shall be in compliance with Minn. R. ch. 7045 including secondary containment as applicable. 7035. Sanitary waste must be disposed of properly in accordance with Minn. R. ch. 7041.washout operations (concrete, stucco, paint, form release oils, curing compounds and other DewateringIf dewatering of sandy subsoils is required for this project, the pump discharge shall be treated prior todischarge off-site or into a surface water. Treatment of discharge shall be achieved with the use of aProducts, Inc. can be contacted at (877) 307-0141, and their web page is www.dandyproducts.com.instructions and specifications.Once dewatering water has been treated, it may be discharged off-site or to a surface water. Thedischarge shall be visually checked to ensure that it is relatively clean and not visibly different from anyreceiving waters. If discharge is noticeably "dirty", the Engineer shall be contacted as additionaltreatment methods may be necessary.exposed soils or established turf. This erosion control may consist of temporarily placed rip rap, or otherapproved energy dissipation measures. The type of erosion control measure shall be at theContractor's discretion, depending on the location of the dewatering discharge and the unique sitecharacteristics. The erosion control measures shall be effective and shall be maintained adequately Pollution Prevention Management floating debris, construction debris, paper, plastics, and other solid wastes shall be disposed of inaccordance with MPCA disposal requirements:2). Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscape materials shall3). Hazardous materials, toxic waste, (including oil, diesel fuel, gasoline, hydraulic fluids, paint solvents,4). Solid waste shall be stored, collected and disposed of properly in compliance with Minn. R. ch.5). Portable toilets shall be positioned so that they are secure and will not be tipped or knocked over.The Contractor shall take steps to prevent the discharge of spilled or leaked chemicals, including fuel,from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans orabsorbents unless infeasible. The Contractor shall conduct fueling in a contained area unlessinfeasible. The Contractor shall ensure adequate supplies are available at all times to clean updischarged materials and that an appropriate disposal method is available for recovered spilledmaterials. The Contractor shall report and clean up spills immediately as required by Minn. Stat. §If the Contractor washes the exterior of vehicles or equipment on the project site, washing shall belimited to a defined area of the site. Runoff from the washing area shall be contained in a sedimentbasin or other similarly effective controls and waste from the washing activity shall be properlydisposed of. The Contractor shall properly use and store soaps, detergents, or solvents. No enginedegreasing shall be allowed on site.The Contractor shall provide effective containment for all liquid and solid wastes generated byconstruction materials) related to the construction activity. The liquid and solid washout wastes shallnot contact the ground, and the containment shall be designed so that it does not result in runofffrom the washout operations or areas. Liquid and solid wastes shall be disposed of properly and incompliance with MPCA rules. A sign must be installed adjacent to each washout facility that requiressite personnel to utilize the proper facilities for disposal of concrete and other washout wastes.FINAL STABILIZATION Final Stabilization shall be considered established once the following requirements have been achieved:perennial vegetative cover with a density of 70 percent of its expected final growth density over the entirepervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions.2). The permanent storm water management system is constructed, and is operating as designed.Temporary or permanent sedimentation basins that are to be used as permanent water qualitymanagement basins have been cleaned of any accumulated sediment. All sediment has been removedfrom conveyance systems and ditches are stabilized with permanent cover.3). All temporary synthetic and structural erosion prevention and sediment control BMPs have beenremoved from the project site. BMPs designed to decompose on site may be left in place. 1). Building products that have the potential to leach pollutants shall be maintained under cover115.061, using dry clean up measures where possible.1). All soil disturbing activities at the site have been completed and all soils are stabilized by a uniform 5). Filter Logs a). Filter logs shall be installed at the locations shown on the plan included in this SWPPP. b). Filter logs shall consist of Type Wood Fiber biorolls and meet the requirements of MNDOT Spec. 3897. c). Filter logs shall be installed as per MNDOT Spec. 2573.3J. d). Filter logs shall be installed immediately after placement of erosion control blanket. e). Filter logs shall remain in place for the life of the project, and shall be allowed to degrade naturally. acket. sins, ities e n ee tedd ty es toiment ompletedper or . e 33 andsilt lacent areas ction.eas has hours of ng).ace. be to use 3). Culvert Inlet Protection a). Culvert inlet protection shall be provided at all culvert inlet locations immediately after construction of the culvert. See plan included in this SWPPP for culvert inlet locations. b). Culvert inlet protection shall consist of the SedJacket, as manufactured by SedCatch Environmental Products. SedCatch Environmental Products can be contacted at (937)-435-5075, and their web page is https://sedcatch.com/collections/sedj c). The culvert inlet protection shall remain in place and adequately maintained until Final Stabilization of all upgradie has been established. d). Culvert inlet protection shall be repaired or replaced if damaged during, or after, rain events, or if accumulated sed reaches 1/2 of the height of the SedJacket device fabric. Repair or replacement of culvert inlet protection shall be c within 24 hours of discovery. 2). Catch Basin Protection a). WIMCO Road Drain protection devices, as manufactured by WIMCO, shall be used for catch basin protection on this project. WIMCO can be contacted at (952)-233-3055, and their web page is www.roaddrain.com. b). "Road Drain Top Slab" devices shall be installed at all catch basin locations immediately after placement of the catch basin structures. "Road Drain Top Slab" devices shall remain in place and be adequately maintained until permanent surfacing is constructed (ie: curb and gutter, pavements, and/or gravel surfacing). In areas designated for turf establishment, "Road Drain Top Slab" devices shall remain in place until Final Stabilization of all upgradient areas is established. c). Upon construction of the permanent surfacing, the "Road Drain Top Slab" devices shall be replaced with the WIMCO product specified on the plans. The WIMCO devices shall remain in place until Final Stabilization of all upgradient ar been established. d). The contractor shall install and maintain the catch basin protection devices as per the manufacturer's instructions an specifications.4). Temporary Rock Construction Entrance a). Temporary rock construction entrances shall be installed at the locations shown on the plan included in this SWPPP. S detail for temporary rock entrance design. b). If the Contractor chooses to access the site from locations other than where temporary rock entrances are specified on the plans, additional temporary rock entrances shall be placed at these locations, as well. c). Temporary rock entrance shall be constructed prior to the start of grading operations, and shall remain in place and b adequately maintained until Final Stabilization has been established. d). Temporary rock entrances shall be maintained in such a manner that the entrances prevent sediment tracking onto adjacent streets. If a temporary rock entrance is found to be ineffective, it shall be replaced or improved within 24 discovery. e). The Contractor has the option to place Type 4 geotextile fabric beneath the temporary rock entrance. The fabric may extend the life of the entrance as it will reduce rock "sinking" into the underlying soils. If the Contractor chooses fabric, it should meet the requirements of MNDOT Spec. 3733 and shall be installed as per MNDOT Spec. 2511.3B2. f). If sediment tracking from the site is discovered on adjacent streets, the sediment shall be removed with a street swee other approved method within 24 hours of discovery. This shall be done throughout construction of the project. This sediment may be returned and graded over exposed areas of the site, or disposed of off site per MPCA requirements. The City may order street sweeping to be performed at the Contractor's or Owner's expense if City staff find that construction activities are resulting in sediment or debris being tracked onto City streets. g). Temporary soil stockpiles shall be placed on the site in areas upgradient from silt fence. Where the Contractor choos place temporary soil stockpiles outside designated silt fenced areas, the stockpiles shall be surrounded by additional fence. Under no circumstances shall temporary soil stockpiles be placed over surface waters, curb and gutter, catch ba culvert inlets or outlets, or ditches. a). Erosion control blanket shall be placed in areas as shown on the plan included in this SWPPP. These areas shall still provided with permanent seeding, as described above, beneath the erosion control blanket. b). Erosion control blanket shall meet the requirements indicated in MNDOT Spec. 3885. See plan for category(s) of erosio control blanket. c). Erosion control blanket shall be installed as per MNDOT Spec. 2575.3J2. d). Erosion control blanket specified in drainage ditches and swales connected to, and within 200 lineal feet, of a proper line or surface water shall be installed within 24 hours of the completion of finish grading (including permanent seedi3). Riprap a). Riprap shall be placed in areas as shown on the plan included in this SWPPP. b). All riprap shall be underlain with Type 4 geotextile fabric. The fabric shall meet the requirements of MNDOT Spec. 37 shall be installed as per MNDOT Spec. 2511.3B2. c). Riprap materials shall meet the requirements of MNDOT Spec. 3601, and shall be Class 3, unless noted otherwise on the plans. d). Riprap shall be considered "Random Riprap" and shall be placed as per MNDOT Spec. 2511. e). Although it is permitted for the riprap to be placed with machinery, it will be necessary for the Contractor to hand p some of the riprap in order to provide a dense, well-keyed layer of stones with the least practical quantity of void sp f). The minimum thickness of the riprap shall be 18 inches, unless otherwise noted on the plans. g). Riprap designated at the end of pipe outlets shall be placed within 24 hours of installation of the pipe outlet end se h). Riprap specified in drainage ditches and swales connected to, and within 200 lineal feet, of a property line or surfac water shall be installed within 24 hours of the completion of finish grading.Sediment ControlThe following sediment control BMPs shall be implemented as part of this project: a). Silt fence shall be installed at the locations shown on the plan included in this SWPPP. b). Silt fence shall be machine sliced and materials shall meet the requirements of MNDOT Spec. 3886. c). Silt fence shall be installed as per MNDOT Spec. 2573.3C1. d). Silt fence shall be installed prior to any upgradient grading operations, and shall remain in place and maintained adequately until upgradient areas achieve Final Stabilization (see below) e). Silt fence shall be repaired or replaced if damaged during, or after, rain events, or if accumulated sediment on the upstream side of the fence reaches 1/3 of the height of the fence. Repair or replacement of silt fence shall be comple within 24 hours of discovery. f). Portions of silt fence may be removed to accommodate short-term activities, such as vehicle passage. Short-term activ shall be completed as quickly as possible, and new silt fence installed immediately after completion of the short-term activity. If rainfall is imminent or forecasted in the near future, new silt shall be installed regardless of if the short term activity has been completed or not. The Contractor is advised to schedule short term activities during dry weather as much as practicable. No additional compensation will be paid due to additional silt fence associated with short-term activities 2). Erosion Control Blanket1). Silt Fence . als will g n t r ing. SWPPP will ) resulting s, gs, s, loams, onsal eding, luded ation ded 0.10 acres0.02 acres0.06 acres0.04 acres Temporary and Permanent StabilizationAll exposed soil areas (including stockpiles) shall be provided with temporary or permanent cover within 14 days of constructiowhich drain off-site or to a surface water, and are within 200 lineal feet of the property line or surface water shall be proviwith temporary or permanent cover within 24 hours of construction. Placement of temporary or permanent cover shall beTemporary Cover:surface water shall be provided with temporary cover within 24 hours of connection. Depending on the Contractor's schedule, a). Discanchored mulch may be used in an area of the site (or the whole site) if the Contractor is halting grading operati for a period that is relatively short, but exceeds 14 days. b). The mulch shall be Type 3 per MNDOT Spec. 3882 c). An adequate quantity of mulch shall be evenly distributed to achieve 90% coverage of the exposed soils. d). Mulch shall be placed as per MNDOT 2575.3F. e). All mulch shall be disc anchored as per MNDOT 2575.3G. Prior to the placement and discanchoring of the mulch, the soils shall be loosened and the area smooth-rough graded per MNDOT 2575.3B1. f). Any areas that are exposed as a result of wind action after the initial mulch placement shall be covered with addition mulch to maintain 90% coverage.Areas designated for permanent turf establishment shall be provided with one or more of the following BMPs (see plan): a). Unless otherwise noted on the plans, all areas designated for turf establishment shall be provided with permanent seed b). In addition to the plan included as part of this SWPPP, the Contractor shall verify if a Landscaping Plan has been inc in the plans by the Architect. If a Landscape Architect has specified higher quality permanent cover (ie: sod, hydrose etc.), the Contractor shall provide this permanent cover in lieu of the permanent seeding specified in this SWPPP. c). Prior to the sowing of permanent seed, the soils shall be loosened and the area smooth-rough graded per MNDOT 2575.3B1. d). Contractor shall utilize Seed Mix 260 per MNDOT Spec. 3876 for permanent seeding. e). Permanent seeding shall be sown per MNDOT Spec. 2575.3D. f). Once permanent seeding has been sown, mulch shall be placed over the area as described above (under Temporary Cover), unless noted otherwise. stakes, signs, silt fence, etc., and shall be completed prior to the start of any grading operations. Regardless of the delineThe Contractor shall minimize compaction and preserve topsoil as much as possible at the site. In pervious ("green") areas thaactivity temporarily or permanently ceasing in that portion of the site. Temporary or permanent drainage ditches or swales,initiated immediately upon suspension or completion of excavation operations.If the Contractor chooses to halt grading operations in a portion of the site (or the whole site) for a period exceeding 14 dayand grading operations (rough or finish grading) in the affected areas has not yet been completed, temporary cover shall beplaced. Affected areas consisting of drainage ditches or swales connected to, and within, 200 lineal feet of a property line othe temporary cover shall consist of one of the following BMPs:1). Discanchored Mulch2). Temporary Seeding with Mulch a). Temporary seeding with mulch may be used in areas of the site (or the whole site) if the Contractor is halting grading operations for a period that is relatively long. Although mulch still needs to be applied as described above, once the temporary seeding/turf is established, the mulch will no longer need to be maintained. The temporary seeding/turf will require very little maintenance. b). Prior to the sowing of temporary seed, the soils shall be loosened and the area smooth-rough graded per MNDOT 2575.3B1 c). Contractor shall utilize Seed Mixes 100, 110, or 130 per MNDOT Spec. 3876 for temporary seeding. d). Temporary seeding shall be sown per MNDOT Spec. 2575.3D. e). Once temporary seeding has been sown, mulch shall be placed over the area as described above.within 14 days of the completion of finish grading, temporary cover shall be provided in these areas, as described above, until1). Permanent Seeding with Mulch Anticipated Disturbed AreaExisting Impervious AreaProposed Impervious AreaNet Impervious Area IncreaseStandards and ReferencesTransportation (MNDOT) Standard Specifications for Construction, latest edition. The Contractor and SWPPP Coordinator shallsections applicable to this SWPPP, as there are several BMPs that specifically reference these sections.The Contractor and SWPPP Coordinator shall be expected to be familiar with the applicable MNDOT specification sectionsthese specification sections.Undisturbed AreasIf shown on the plan, the Contractor shall delineate areas that are not to be disturbed on the site. This may be done with flamethod the Contractor chooses to use, the Contractor must communicate to his/her personnel and subcontractors that theseareas are not to be disturbed and construction equipment (including trucks and personal vehicles) shall not be allowed in theseareas.are not essential to the construction of the project, the Contractor shall avoid construction traffic and maintain the existingcondition of these areas.Permanent Cover:Upon completion of finish grading and/or placement of topsoil, initiation of the placement of permanent cover shall beginimmediately over all exposed areas. This includes areas designated for impervious surfacing (ie: buildings, pavements/gravelbases, sidewalks, etc.). Where the construction schedule will not allow for the placement of the permanent impervious surfacinthe permanent impervious surfacing can be constructed. Affected areas consisting of drainage ditches or swales connectedto, and within, 200 lineal feet of a property line or surface water, shall be provided with permanent cover within 24 hours ofconnection. SEDIMENT AND OTHER POLLUTANTS This SWPPP has been designed mainly to provide erosion and sediment control of naturally occurring soils at this site (ie: sandThere are no known solid wastes or hazardous materials buried below grade at this site. If such wastes or hazard materials are EROSION PREVENTION AND SEDIMENT CONTROL BMPS Materials and construction methods of all BMPs included in this SWPPP shall be as per the Minnesota Department ofobtain a current copy of MNDOT's Standard Specifications for Construction and familiarize themselves with the specificationduring construction. No additional compensation will be paid to the Contractor for additional work due to unfamiliarity with and clays). Although this SWPPP does address pollution prevention of other man-made materials, it is assumed that these matericonsist of debris from existing structures and pavements to be demolished, or debris and chemicals (ie: fuels, new paints, etc.from new construction.discovered during construction, the SWPPP Coordinator (described below) will be responsible for notifying the Engineer. This then be revised to address he presence and disposal of these additional pollutants Site drainage will be routed off site in a manner consistent with existing drainage patterns. PROJECT INFORMATION Project DescriptionThis project will consist of pavement and sidewalk improvements related to a pick-up area for an existing dental business.Disturbed Area & Impervious Surface TabulationPermanent Site Drainage (within proposed construction area) Council Packet Page Number 112 of 162 Attachment 7 43129 LICENSE NO. 2040 N 612.379.9233 Suite 230 & SITE DESIGN Sartell, MN 56377 http://www.sjoquist.com Fx: (866) 633-1830 Ph: (320) 339-0669 schultzeng@live.com SCHULTZ ENGINEERING Minneapolis, Minnesota 55414 18 South Riverside Avenue www.schultzengdesign.com 3020 University Avenue SE, Suite 100 Sjoquist Architects, Inc 0 specification or report was prepared I hereby certify that this plan,by me or under my direct supervisionand that I am a duly licensedEngineer under the laws of the stateof MinnesotaBRIAN J. SCHULTZ, PExx/xx/2025DATE PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 07/01/2025 CIVIL SHEET INDEX C-100 - STANDARD NOTES & SPECIFICATIONSC-101.1 - DEMOLITION & REMOVALS PLANC-101.2 - GRADING PLANC-101.3 - SWPPP - STANDARD NOTESC-101.4 - SWPPP - PLAN VIEWC-102 - PAVING PLAN T- POST NTS NTS MACHINE SLICED:8"-12" DEPTH (PLUS6" FLAP) GEOTEXTILE FABRIC 3'MIN. HEIGHT STEEL STUDDED 'T' POST:5' MIN. HEIGHT AT 6' MAX.SPACING 1" MIN. 1" MIN. 10'X10'2. CONTRACTOR SHALL REMOVE WASH LIQUID FROM CONCRETE WASHOUT AREA AND DISPOSE OF PER MPCA REQUIREMENTS WHEN WASHOUT AREA BECOMES HALF FULL.3. CONTRACTOR SHALL SELECT THE MOST OPTIMAL LOCATION FOR THE CONCRETE WASHOUT 1. BOTTOM OF CONCRETE WASHOUT AREA SHALL BE DIRECTION OFRUNOFF FLOW ' 1 (3) PLASTIC 'ZIP' TIES(50LB TENSILE)LOCATED IN TOP 8"OF POST SILT FENCE - MACHINE SLICED SHEETING LINERPLACED WITHINWASHOUT AREA 10 MIL PLASTIC 2' MIN. 1 POST EMBEDMENT 1 : 4 AROUND ENTIRE CONSTRUCT BERMWASHOUT AREA ' 2 1 : 4 6 0 0 1 I 12" 5 0 01 STAPLE PLASTICSHEETING EVERY 5' (TYP) 12" I 4 0 01 20 01 3 0 01 12" I 2 0' 01 1 CONCRETE WASHOUT 10" 10 10"01 UTILITY EASEMENT PERDOC. NO. 2613609 1 100 3 I 10" 10" I 0 0 0 1 CURB & GUTTER 00 01 9 9 9 I POSSIBLE APPROXIMATELOCATION PER MAPSPROVIDED BY CITY TREE LINE BRICK I 8 C 9 9 7 9 9 FOUNDATION 6 9 9 C I 5 9 9 FLOOR ELEV.=1000.04 PEDESTRIAN RAMP I 4UTILITY EASEMENT PERDOC. NO. 2613609 9 9 I 3 9 9 0 9 9 1 9 I 9 2 9 9 UTILITY EASEMENT PERDOC. NO. 2122881 9 8 9 BUILDING SHALL BE REPLACED, AND REMAIN UNTIL UPSTREAM NOTE: SILT FENCE MAY BE TEMPORARILY REMOVED TOFACILITATE CONSTRUCTION AND/OR DELIVERY OF MATERIALS.UPON COMPLETION OF THESE ACTIONS, REMOVED SILT FENCEPERMANENT SURFACING IS PLACED AND STABILIZED. 8 EXISTING BUILDINGLOWER FFE = 988.80(FIELD VERIFY)8 9 I FLOOR ELEV.=988.78 PROPERTY LINE FLOOR ELEV.=988.80 988 PERIMETER SILTFENCE (TYP) 7 8 9 9 8 9 I CURB & GUTTER GRAPHICALLYSHOWN PERRECORD PLAN TREE LINE II II II I I 988 X PERIMETER SILTFENCE (TYP) 8 8 9 UTILITY EASEMENT PERDOC. NO. 2122881 P 7 H 89 O XI P H O 7 P H 8 O 9889 7 7 8 8TOC ELEV.=986.32INV. ELEV.=983.59 9 9 P CURB & GUTTER H O P I H O 7 SITE BENCHMARKELEV.=989.47(TOP NUT HYDRANT) 8 F 9 T P S H O F P H F O F P H O F T F S 6 P 89 H O 6 8 9 P H O N S P N SH O 6 T 8 9 NS S INV. ELEV.=978.93 TOC ELEV.=986.71 P H O SN N S P N SH O N S 6 8 9 N S T N S S N S TOC ELEV.=985.31NE INV. ELEV.=982.65S INV. ELEV.=981.21W INV. ELEV.=981.25 N S TOC ELEV.=985.34N INV. ELEV.=981.55SE INV. ELEV.=982.00 N S 689 PERIMETER SILTFENCE (TYP) 4 5.8 03 SN N TS 68 S 9 N S NOT A CONSTRUCTIONENTRANCE TRAVELED CENTERLINE T TOC ELEV.=987.43INV. ELEV.=980.61 ST INSTALL CATCH BASINPROTECTION (TYP) TOC ELEV.=985.37N INV. ELEV.=979.09E INV. ELEV.=980.65S INV. ELEV.=980.35 S TOC ELEV.=985.38N/S INV. ELEV.=980.57 T S ALL TRACKED SOILS SHALL BE NOTE: AS PROPOSED CONSTRUCTION AREASPACE IS TOO LIMITED AND IMPRACTICAL FOR ATEMPORARY ROCK CONSTRUCTION ENTRANCE,CONTRACTOR SHALL MONITOR ADJACENT &NEARBY EXISTING IMPERVIOUS AREAS DAILY FORTRACKING OF SOILS FROM CONSTRUCTIONEQUIPMENT. CLEANED UP IMMEDIATELY UPON DISCOVERY. THE PUBLIC RIGHT-OF-WAY. NOTE: CONTRACTOR AND/OR OWNERSHALL OBTAIN ALL NECESSARY PERMITS ANDAPPROVALS FOR WORK TO BE COMPLETED IN Council Packet Page Number 113 of 162 Attachment 7 43129 LICENSE NO. 2040 N 612.379.9233 Suite 230 & SITE DESIGN Sartell, MN 56377 http://www.sjoquist.com Fx: (866) 633-1830 Ph: (320) 339-0669 schultzeng@live.com SCHULTZ ENGINEERING Minneapolis, Minnesota 55414 18 South Riverside Avenue www.schultzengdesign.com 3020 University Avenue SE, Suite 100 Sjoquist Architects, Inc 0 specification or report was prepared I hereby certify that this plan,by me or under my direct supervisionand that I am a duly licensedEngineer under the laws of the stateof MinnesotaBRIAN J. SCHULTZ, PExx/xx/2025DATE PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 07/01/2025 CIVIL SHEET INDEX C-100 - STANDARD NOTES & SPECIFICATIONSC-101.1 - DEMOLITION & REMOVALS PLANC-101.2 - GRADING PLANC-101.3 - SWPPP - STANDARD NOTESC-101.4 - SWPPP - PLAN VIEWC-102 - PAVING PLAN COMPACTION INDICATED IN THE GENERAL NOTES (SHEET C1). TEST ROLLING OF THE SUBGRADESHALL BE OBSERVED BY A QUALIFIED GEOTECHNICAL ENGINEER OR TECHNICIAN. LOCATIONSOF THE ENGINEER PRIOR TO THE PLACEMENT OF AGGREGATE BASE. COMPACTION TESTING IN2. AGGREGATE BASE AND SURFACE COURSES SHALL BE ROLLED AND COMPACTED. TESTAGGREGATE BASE OR SURFACE COURSES SHALL BE 1/2".3. ALL EXISTING BITUMINOUS OR CONCRETE EDGES, WHICH WILL ABUT NEW BITUMINOUS ORCONCRETE SURFACING SHALL BE SAWCUT TO OBTAIN A VERTICAL EDGE.4. EXPANSION JOINTS SHALL BE PLACED AT ALL LOCATIONS WHERE NEW CONCRETE ABUTSOTHER.6. SEE SHEET C-100 FOR SPECIFICATIONS REGARDING THE CONSTRUCTION OF HARDSCAPES. SURFACING NOTES:1. SUBGRADES SHALL BE SCARIFIED AND COMPACTED AS NECESSARY TO ATTAIN THE REQUIREDEXHIBITING EXCESSIVE RUTTING (PER MNDOT SPEC. 2111) SHALL BE REPAIRED TO THE SATISFACTIONUTILITY TRENCHES SHALL BE PERFORMED BY AN INDEPENDENT TESTING FIRM.ROLLING OF THE AGGREGATE BASE AND/OR SURFACING SHALL BE OBSERVED BY A SOILSENGINEER TO VERIFY STABILITY. MAXIMUM ALLOWED DEFLECTION DURING TEST ROLLING OFEXISTING CONCRETE, AND AT ALL LOCATIONS WHERE SEPARATE CONCRETE POURS ABUT EACH 6 0 0 1 I 12" 5 0 01 12" I 4 0 01 20 01 3 0 01 12" I 2 0 01 10" 10 10"01 UTILITY EASEMENT PERDOC. NO. 2613609 1 100 I 10" 10" I 0 0 0 1 CURB & GUTTER 00 01 9 9 9 I POSSIBLE APPROXIMATELOCATION PER MAPSPROVIDED BY CITY TREE LINE BRICK I 8 C 9 9 7 9 9 FOUNDATION 6 9 9 C I 5 9 9 FLOOR ELEV.=1000.04 PEDESTRIAN RAMP I 4UTILITY EASEMENT PERDOC. NO. 2613609 9 9 I 3 9 9 0 9 9 1 9 I 9 2 9 9 UTILITY EASEMENT PERDOC. NO. 2122881 9 8 9 BUILDING BITUMINOUSPAVEMENT (TYP) (FIELD VERIFY)8 EXISTING BUILDINGLOWER FFE = 988.80 8 9 I CONCRETESIDEWALK (TYP)ADA RAMPADA RAMP LANDINGADA RAMPCONCRETESIDEWALK (TYP) (FLUSH W/ PAVEMENT) FLOOR ELEV.=988.78 PROPERTY LINE FLOOR ELEV.=988.80 988 TRASH ENCLOSURE (DESIGN BY OTHERS) 7 8 9 9 8 9 I CURB & GUTTER GRAPHICALLYSHOWN PERRECORD PLAN TREE LINE II II II I I X 8 8 9 PAVEMENT (TYP) MATCH EXISTING GUTTERSECTION OF EXISTINGCURB (TYP) BITUMINOUS UTILITY EASEMENT PERDOC. NO. 2122881 P 7 H 89 O XI P H O B612 CURB &GUTTER (TYP) P H O 7 8TOC ELEV.=986.32INV. ELEV.=983.59 9 P CURB & GUTTER H O P I H O SITE BENCHMARKELEV.=989.47(TOP NUT HYDRANT) F T P S H O F P H F O GUTTER (TYP) B612 CURB & F P H O F T F S 6 P 89 H O P H O N S P N SH O 6 T 8 9 NS S INV. ELEV.=978.93 TOC ELEV.=986.71 P H O MATCH EXISTINGCURB & GUTTER SN (TYP)N S P N SH O N S 6 8 9 N S T N S S N S TOC ELEV.=985.31NE INV. ELEV.=982.65S INV. ELEV.=981.21W INV. ELEV.=981.25 N S TOC ELEV.=985.34N INV. ELEV.=981.55SE INV. ELEV.=982.00 MATCH EXISTINGPAVEMENT (TYP) N S 689 4 5.8 MATCH EXISTINGCURB & GUTTER 03 CONCRETE DRIVEWAYENTRANCE(TYP) (SEE 237/C-102) SN N TS 68 S 9 N S CONCRETE DRIVEWAYENTRANCE (SEE 237/C-102) BITUMINOUS PATCH PERCITY REQUIREMENTS TRAVELED CENTERLINE MATCH EXISTINGPAVEMENT (TYP) BITUMINOUS PATCH PERCITY REQUIREMENTS T TOC ELEV.=987.43INV. ELEV.=980.61 ST TOC ELEV.=985.37N INV. ELEV.=979.09E INV. ELEV.=980.65S INV. ELEV.=980.35 S TOC ELEV.=985.38N/S INV. ELEV.=980.57 T S THE PUBLIC RIGHT-OF-WAY. NOTE: CONTRACTOR AND/OR OWNERSHALL OBTAIN ALL NECESSARY PERMITS ANDAPPROVALS FOR WORK TO BE COMPLETED IN Council Packet Page Number 114 of 162 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, July 15, 2025 City Hall, Council Chambers 1830 County Road B East E.PUBLIC HEARING 1.Setback VarianceResolution, Community Dental Care, 600 Carlton Street North Elizabeth Hammond, Planner, gave the presentation. Kevin Lund, Chief Financial Officer of Community Dental Care,addressed the commission and answered questions. Vice Chairperson Yangopened the public hearing. There were no speakers on this item. Vice Chairperson Yang closed the public hearing. ovedto approve a setback variance resolution for a patient pick-up drive CommissionerEads m and short-term parking area for Community Dental Care at 600 Carlton Street North. SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Community Dental Care has requested a 15-foot setback variance for a patient pick-up drive and short-term parking area within the required 15-foot parking setback. 1.02The property is located at 600 Carlton Street North and is legally described as: The Westerly 140 feet of Lots 14, 15, 16, 17 and the West 140 feet of the North Halfof vacated Fifth Avenueaccrued thereto all in Block 1, Minty Acres, according to the recorded plat thereof in Ramsey County, Minnesota.The Westerly 115 feet of Lot 1, Block 2, and the Westerly 115 feet of the South Half of vacated Fifth Avenue accrued thereto all in Minty Acres, according to the recorded plat thereof in Ramsey County, Minnesota.That part of the East Half of the West Half of the East Three Quarters of the Northwest Quarter of the NortheastQuarter of Section 36, Township 29, Range 22, Ramsey County, Minnesota, lying East of the centerline of Carlton Street as described in Document No. 1503916, except the North 789.28 feet thereof. That part of the East Half of the West Half of the East Three Quarters of the Northwest Quarter of the Northeast Quarter of Section 36, Township 29, Range 22, Ramsey County, Minnesota, lying West of the centerline of Carlton Street as described in Document No. 1503916, except the North 324 feet thereof. Tax Parcel Identification: 10-29-22-32-0027 Section 2. Standards. July 15, 2025 1 PlanningCommission Meeting Minutes Council Packet Page Number 115 of 162 Attachment 8 2.01Variance Standard. City Ordinance Section 44-13 refers to a state statute that states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance if granted, will not alter the essential character of the locality. Section 3.Findings. 3.01The setback variance request doesmeet the required standards for a variance. 1.That the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; 2.That the proposed use is reasonable; and 3.That the variance will not alter the essential character of the locality; and 4.That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 5.That the variance is consistent with the comprehensive plan. Section 4.City Review Process 4.01The City conducted the following review when considering the variance requests. 1.On July 15, 2025, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city councilapprove this resolution. 2.On July 28, 2025, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5.City Council 5.01The city council hereby _______ the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the approved site plan. The Director of Community Development may approve minor changes. 2.The approval permits a 15-foot variance to construct the patient pick-up drive and short-term parking area up to the property line. The applicant cannot encroach on the right-of-way. 3.The applicant shall ensure that the queue in the patient pick-up drive does not extend into Carlton Street. At no time shall the patient pick-up queue impede traffic flow on Carlton Street. Council Packet Page Number 116 of 162 4.The applicant shall obtain a grading permit from the Public Works Department as required for the project. 5.The passenger loading zone shall be accessible per the Minnesota Accessibility Code. All exterior site alterations must meet the minimum requirements of the Minnesota State Building Code. The applicant shall obtain a building permit from the Community Development Department as required for the project. 6.The proposed covered portico and trash enclosure requires a 15-day minor construction project application reviewed administratively through the Community Development Department. Seconded by CommissionerWullschleger Ayes – All The motion passed. This item will go to the city council on July 28, 2025 July 15, 2025 3 PlanningCommission Meeting Minutes Council Packet Page Number 117 of 162 Council Packet Page Number 118 of 162 Council Packet Page Number 119 of 162 Council Packet Page Number 120 of 162 Council Packet Page Number 121 of 162 Council Packet Page Number 122 of 162 Council Packet Page Number 123 of 162 Council Packet Page Number 124 of 162 Council Packet Page Number 125 of 162 Council Packet Page Number 126 of 162 J2 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: David Anderson, Assistant City Attorney PRESENTER:Danette Parr, Community Development Director Resolution Ordering the Abatement of Hazardous Property and Public AGENDA ITEM: Nuisance Conditions Existing at 1212 Skillman Avenue East Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: City staff have deemed the Property hazardous for numerous reasons, as outlined in more detail below. Additionally, several public nuisance conditions exist at the Property. To restore the Property to a safe, sanitary, and code-compliant condition, staff recommends that the city council approve the attached resolution and order the abatement of the hazardous and nuisance conditions on the Property. The resolution will authorize city staff and the city attorney to initiate legal proceedings in an effort to make the Property safe and bring it into compliance with state and local laws. Recommended Action: Motion to approve the Resolution Ordering the Abatement of Hazardous Property and Public Nuisance Conditions at 1212 Skillman Avenue East. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is indeterminable and depends on how legal proceedings play out. It is worth noting, however, that the statutory and city code provisions authorizing these proceedings allow for the city to recover enforcement costs via special assessments against the Property if they are authorized and affirmed by a judge and not reimbursed by the property owner. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Code enforcement is a key function of city services, and the use of abatement is a tool to compel compliance. Background: The subject property (the “Property”) is located at 1212 Skillman Avenue East and contains a Council Packet Page Number 127 of 162 J2 single-family dwelling. The Property is owned by Patricia Marie Hirsch (the “Owner”) and is currently occupied by the Owner’s son, Aaron Hirsch (the “Occupant”). There have been numerous code-enforcement related citations and associated assessed fines against this Property dating back to 2008. In June of 2021, the city council passed a resolution ordering the abatement of several hazardous/nuisance conditions on this Property, which eventually led to the Occupant addressing the concerns via agreement. Since then, the Property has slipped back into a non-compliant state and city staff have received additional complaints and observed several apparent code violations and hazardous conditions on the exterior of the Property. On June 18, 2025, city staff conducted a physical inspection of the Property and during the inspection, the following conditions were observed related to the exterior areas: (i) numerous piles of tires; numerous vehicle parts and miscellaneous scrap metal pieces; (ii) apparent inoperable vehicles and equipment, recreational vehicles, including water craft vehicles, trailers, lawn equipment, and vehicles with outdated registration past 90 days; (iii) vehicles parked on unimproved areas; (iv) trailers with accumulations of junk and scrap; (v) household furniture and other household items; junk appliances; numerous liquid or gas containers; (vi) accumulation of scrap building materials including wood and lumber; accumulated brush and debris; (vii) a wooden privacy fence that is structurally compromised and leaning into the neighbor’s yard; (viii) and an unmaintained lean-to expansion to the rear of the accessory structure that is partially covered with a temporary covering. There are photos attached to this report to provide a visual reference of these described conditions and the degree of such. Based on these conditions, staff have determined that the Property is hazardous, unsafe, and a public nuisance under state law and the city code. The applicable statutory and city code references are specified in the proposed resolution. Allowing the Property to remain in its current state presents significant health and safety concerns. The city has made numerous attempts to gain code compliance, including sending notices to the Owner and Occupant, none of which have been effective. Staff has determined that the only way to effectively abate the dangerous and unlawful conditions at the Property is to initiate abatement proceedings pursuant to state law and the city code. A resolution has been prepared by the city attorney that (i) finds that the conditions at the Property is both hazardous and a public nuisance; and (ii) authorizes staff and consultants to serve an order on the owner that requires abatement of said conditions within 45 days. Should the Owner and Occupant fail to answer or otherwise comply with said order after it is duly served, the city will initiate formal proceedings to request a court order authorizing the city to abate the conditions pursuant to its legal authority to do so. The statutory and city code provisions authorizing abatement proceedings allow for the city to recover enforcement costs related to this action via a special assessment against the Property. If the recommended resolution is adopted, the city attorney’s office will work with staff to initiate abatement proceedings, with the ultimate goal of abating the conditions that make the Property both hazardous and a public nuisance, including bringing a civil action pursuant to Minnesota Statutes, chapter 463 and Maplewood City Code, chapter 18. City attorney Ron Batty will be present during the meeting to answer any questions that the city council may have related to this matter. Attachments: 1.Abatement Order Resolution 2.Property Photos 3.Presentation Council Packet Page Number 128 of 162 Council Packet Page Number 129 of 162 Council Packet Page Number 130 of 162 Council Packet Page Number 131 of 162 Council Packet Page Number 132 of 162 Council Packet Page Number 133 of 162 Council Packet Page Number 134 of 162 Council Packet Page Number 135 of 162 Council Packet Page Number 136 of 162 Council Packet Page Number 137 of 162 Council Packet Page Number 138 of 162 Council Packet Page Number 139 of 162 Council Packet Page Number 140 of 162 J2, Attachment 3 Council Packet Page Number 141 of 162 J2, Attachment 3 Council Packet Page Number 142 of 162 J2, Attachment 3 Council Packet Page Number 143 of 162 J2, Attachment 3 Council Packet Page Number 144 of 162 J3 CITY COUNCILSTAFF REPORT Meeting Date July 28, 2025 REPORT TO:Michael Sable, City Manager REPORT FROM: Andrea Sindt, City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Lawful Gambling Ordinance a.Ordinance Regulating Lawful Gambling b.Resolution Authorizing Publication by Title and Summary(4 votes) Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: A periodic review of ordinances enables language updates and realignment to state statutes. After reviewing the Lawful Gambling section of the city code, repealing and replacing Chapter 22 is proposed as the recommended edits occur throughout the entire chapter. The proposed changes include modifying obsolete and confusing language, adding new statutory language, and allowing the issuance of local lawful gambling permits to be administrative rather than by council action. Recommended Action: a.Motion to approve the ordinance regulating lawful gambling by repealing and replacing Chapter 22. b.Motion to approve the resolution authorizing publication of the ordinance by title and summary. (4 votes) Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Background: The original goal for reviewing the Lawful Gambling code was to improve the local lawful gambling permit process for non-profit organizations. Currently, when hosting an event with some type of Council Packet Page Number 145 of 162 J3 lawful gambling,a non-profit organization must get the local permit application tothe city well in advance of the event to ensure placement on the council agenda to obtain council approval. The council has the authority to move this approval process from a required council action to an administrative action. This change is reflected in the proposed ordinance language. The review further revealed the Lawful Gambling code contained outdated language, lacked new statutory language added since the last review in 2015 and generally could be simplified. Overall, staff sought to remove mention of items solely under state control and to create a consistency in language and process without changing the basic rules within local authority. The repeal and replacement of the ordinance is proposed due to the removal of considerable redundant, confusing and obsolete language and realignment within sections throughout the ordinance. In addition, the proposed ordinance contains a new section on off-site premises permits to reflect current practice, new language to mirror state statute’s purpose, and also the new local regulation requirement to acknowledge financial contributions of organizations conducting lawful gambling to the community and to the recipients of the funds. As a whole, these edits provide more guidance and clarity to the lawful gambling process by streamlining the ordinance. As the ordinance is of notable length, publication of the ordinance by title and summary will sufficiently provide highlights of the changes while being cost effective. Attachments: 1.Ordinance Repealing and Replacing Chapter 22 2.Resolution 3.Original Chapter 22 Lawful Gambling Council Packet Page Number 146 of 162 J3, Attachment 1 ORDINANCE No. ______ AN ORDINANCE REGULATING LAWFUL GAMBLING IN THE CITY OF MAPLEWOOD THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section I. Chapter 22. – Lawful Gambling in the Maplewood city code is repealed in its entirety and the following is adopted in its place: Chapter 22 - LAWFUL GAMBLING Sec. 22-1. Adoption of state law by reference. The provisions of Minn. Stats. ch. 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the council that all future amendments of Minn. Stats. ch. 349 are hereby adopted by reference or referenced as if they had been in existence at the time this article was adopted. Sec. 22-2. City may be more restrictive than state law. The city is authorized by the provisions of Minn. Stats. § 349.213, to impose, and has imposed in this article, additional restrictions on gambling within its limits beyond those contained in Minn. Stats. ch. 349. Sec. 22-3. Purpose. The purpose of this chapter is to regulate lawful gambling within the City of Maplewood, to ensure the integrity of operations, to provide for the use of net profits only for lawful purposes, and to authorize only those games or game features discussed in Minn. Stats. ch. 349. Sec. 22-4. Definitions. In addition to the definitions contained in Minn. Stats. § 349.12, the following terms are defined for purposes of this chapter: Board means the State of Minnesota Gambling Control Board Lawful gambling means the operation, conduct or sale of bingo, raffles, paddlewheels, tipboards, and pulltabs. Licensed organization means an organization licensed by the board, and excludes those organizations exempted or excluded per Minn. Stats. § 349.166. Local permit means a permit issued by the city. Trade area means the City of Maplewood and each city contiguous to the City of Maplewood to include St. Paul, Little Canada, North St. Paul, Oakdale, Roseville, While Bear Lake, Newport, Vadnais Heights and Woodbury. Sec. 22-5. Lawful gambling permitted. Lawful gambling is permitted within the city provided it is conducted in accordance with Minn. Stats. §§ 609.75—609.763, inclusive, as they may be amended from time to time and Minn. Stats. §§ 349.11—349.23, inclusive. Council Packet Page Number 147 of 162 J3, Attachment 1 Sec. 22-6. Lawful gambling at on-sale establishments. No sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine, or 3.2 percent malt liquor license or a bottle club permit. Lawful gambling at on-sale liquor, wine, and 3.2 percent malt liquor establishments shall be conducted in compliance with the following: (1) On-sale establishments shall be limited to one licensed organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on-sale establishment. (2) All gambling shall be conducted from a booth or the bar services area. (a) If gambling is conducted from a booth, it shall be constructed and maintained by the licensed organization and shall be under the exclusive control of that organization. (3) No person shall be jointly employed by both the licensed organization and the on-sale establishment. This section shall not apply when the licensed organization is also the holder of the on-sale license for the establishment where the gambling is conducted. (4) No gambling funds shall be commingled with funds of the on-sale establishment. (5) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances. (6) The on-sale establishment shall allow the licensed organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours. Sec. 22-7. Application and local approval of premises permits. (a) Any organization seeking to obtain a premises permit from the board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the board. (b) Upon receipt of an application for issuance of a premises permit, the city clerk shall transmit the application to the public safety director for review and recommendation. (c) Organizations applying for a state issued premises permit shall pay the city an investigation fee as set by state statute for cities of the second class. This fee shall be refunded if the application is withdrawn before the investigation is commenced. (d) The applicant shall be notified of the date of which the council will consider the recommendation. (e) The council shall, by resolution, approve or disapprove the application within 60 days of the receipt of the application. (f) The council shall disapprove an application for issuance of a premises permit for any of the following reasons: (1) Violation by the licensed organization of any state statute, state rule, or city ordinance relating to gambling within the last three years; (2) Violation by the on-sale establishment or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, Council Packet Page Number 148 of 162 J3, Attachment 1 gambling, controlled substances, suppression of vice and protection of public safety within the last three years; (3) The licensed organization already has four premises permits to conduct lawful gambling in the city; or (4) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. (g) Lawful gambling under license issued by the board may be conducted only at the following locations: (1) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on-sale establishment as permitted in this chapter; or (2) In licensed on-sale liquor, wine, and beer establishments; (3) Notwithstanding subsections (g)(1) and (2) of this section, raffle-only licenses may be approved for any proper location. (h) No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the city. Sec. 22-8. Application and local approval of an off-site premises permit. (a) An organization seeking to conduct lawful gambling on a premises other than its permitted premises and in conjunction with a county or state fair, a church festival, or a civic celebration not to exceed 12 events per year and each event not lasting more than three days shall: (1) File with the city clerk an executed, complete duplicate off-site premises permit application as will be filed with the board at least 30 days prior to the gambling event. (2) No fee shall be assessed by the city in connection with this application. (b) The applicant shall be notified of the date of which the council will consider the application. (c) The council shall, by a resolution, approve or disapprove the application at the next regularly scheduled council meeting. (d) The council shall disapprove the application for an off-site gambling permit for the following reasons: (1) The applicant has exceeded the number of event occurrences allowed by state statute; (2) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three years; (3) Violation by the on-sale establishment or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws related to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three years; or (4) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Sec. 22-9. Local permits. (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minn. Stats. § 349.166, without a valid local permit. A local permit is not required for the following: Council Packet Page Number 149 of 162 J3, Attachment 1 i. Bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if the prizes for a single bingo game do not exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, only members of the organization, residents of the nursing home or housing project, and their guests, are allowed to play in a bingo game, no compensation is paid for any persons who conduct the bingo, and a manager is appointed to supervise the bingo. ii. Raffles conducted by an organization, if the value of all raffle prizes awarded by the organization in a calendar year does not exceed $1,500 or, if the organization is a 501(c)3 organization, if the value of all raffle prizes awarded by the organization at one event in a calendar year does not exceed $5,000. (b) Applications for issuance of a local permit shall be on a form prescribed by the city and shall be submitted at least 7 days prior to the gambling event. The form must be accompanied by a proof of non-profit status and the board exempt or excluded application relevant to the gambling activity. (c) When filing an application for the issuance of a local permit under this section, the applicant must pay to the city clerk, in full, the amount of the permit fee as imposed, set, established and fixed by the city council, which fee shall not exceed the maximum dollar amount set by state statute. (d) The city clerk shall disapprove an application for issuance of a local permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three years; (2) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three years; (3) More than one organization will be conducting exempted or excluded lawful gambling activities at any one premises at any one time; (4) Failure of the applicant to pay the permit fee within the prescribed time limit; or (5) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Sec. 22-10. Revocation and suspension of local permit. (a) A local permit may be revoked, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A permit shall not be revoked or suspended until notice and an opportunity for a hearing have first been given to the permit holder. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permit holder may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. The permit holder must request a hearing at least two weeks prior to the regularly scheduled council meeting. If, as a result of the hearing, the council finds that an ordinance violation exists, then the council may suspend or revoke the permit. Council Packet Page Number 150 of 162 J3, Attachment 1 Sec. 22-11. License and permit display. All permits issued under state statute or this chapter shall be prominently displayed at the premises where gambling is conducted. Sec. 22-12. Notification of material changes to application. An organization holding a state issued premises permit or a local permit shall notify the city in writing within 10 days whenever there is any material change in the information submitted in the application. Sec. 22-13. Contribution of net profits to fund administered by city. (a) Each licensed organization conducting lawful gambling within the city pursuant to Minn. Stats. § 349.16, shall contribute 10 percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for lawful purposes as defined by Minn. Stats. § 349.12, subd. 25. An organization's receipts from lawful gambling that are exempt from licensing under Minn. Stats. § 349.166 are not subject to 10 percent contribution imposed by this section. (b) The 10 percent contribution imposed by this section shall be paid monthly to a fund administered and regulated by the city, without cost to the city, for disbursement for lawful purposes and shall be reported on a duplicate copy of the gambling tax return filed with the board each month. The report shall be an exact duplicate of the report filed with the board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form which may be obtained from the city’s finance director. The gambling tax return and payment of the contribution due must be postmarked or, if hand- delivered, received in the office of the finance director on or before the last day of the month following the month for which the report is made. An incomplete gambling tax return will not be considered timely unless corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and contribution shall be delivered to: Finance Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Checks shall be made payable to the city. The city must acknowledge financial contributions of licensed organizations conducting lawful gambling to the community and the recipients of the funds. (c) There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section. (d) The city council shall disapprove any pending premises permit application for any organization which owes delinquent contributions to the city. Further, the city may notify the board of any organization owing delinquent contributions to the city and may request that the board revoke or suspend the organization's license. The city council shall not issue or renew any on-sale alcoholic beverage license, bottle club permit, or food license to any organization Council Packet Page Number 151 of 162 J3, Attachment 1 which owes delinquent contributions to the city. The remedies in this subsection are not exclusive and shall be in addition to any other powers and remedies provided by law. Sec. 22-14. Designated trade area. (a) Each licensed organization conducting lawful gambling within the city shall expend at least 51 percent of its lawful purpose expenditures of gross profits on lawful purposes conducted or located within the city's trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the city's jurisdiction. Sec. 22-15. Records and reporting. (a) Licensed organizations shall file with the city clerk one copy of all records and reports required to be filed with the board, pursuant to Minn. Stats. ch. 349, and rules adopted pursuant thereto. The records and reports shall be filed on or before the day they are required to be filed with the board. (b) Licensed organizations shall file a report with the city proving compliance with the trade area spending requirements imposed by section 22-14. Such report shall be made on a form prescribed by the city and shall be submitted annually. Sec. 22-16. Penalty. A violation of any provision of this chapter shall be a misdemeanor. Nothing in this chapter shall preclude the city from enforcing this chapter by means of appropriate legal action. Additionally, a violation of this chapter may be reported to the board and a recommendation may be made for suspension, revocation or cancellation of an organization’s license. Sec. 22-17. Severability. If any provision of this chapter is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Section II. This ordinance shall be effective following its adoption and publication. Approved by the City Council of the City of Maplewood on ________________, 2025. Council Packet Page Number 152 of 162 J3, Attachment 2 CITY OF MAPLEWOOD RESOLUTION NO. ____________ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ____________ BY TITLE AND SUMMARY WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. ______________, an ordinance amending Chapter 22 of the Maplewood City Code regarding the regulation of lawful gambling; 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 six 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 Maplewood, Minnesota: 1.The city clerk shall cause the following summary of Ordinance No. ________ to be published in the city’s official newspaper in lieu of the entire ordinance: Public Notice On July 28, 2025, the city council of the city of Maplewood adopted Ordinance No. ______, an ordinance amending Chapter 22 of the Maplewood City Code regarding the regulation of lawful (charitable) gambling in the city. The ordinance deletes in its entirety the current code concerning lawful gambling and replaces it with a new ordinance which removes obsolete, confusing or inconsistent provisions and simplifies the administration of lawful gambling permits. It also brings the city code into compliance with state law with regard to certain matters. The new ordinance retains provisions requiring licensed organizations conducting lawful gambling within the city to contribute 10 percent of their gross profits to a fund administered by the city for disbursement by the city for purposes allowed by state law. The new ordinance also continues to require that licensed organizations conducting lawful gambling in the city expend at least 51 percent of their gross profits on lawful purposes within the city’s trade area, which includes Maplewood and all cities contiguous to Maplewood. This public notice is intended only to summarize the ordinance. A full copy of the ordinance is available in the office of the city clerk and has been posted on the city’s website. The ordinance shall be effective upon adoption and publication. 2.The city clerk keep a copy of the ordinance in her office at city hall for public inspection. Dated: July 28, 2025. Marylee Abrams, Mayor ATTEST: Andrea Sindt, City Clerk Council Packet Page Number 153 of 162 J3, Attachment 3 -CODE OF ORDINANCES Chapter 22 LAWFUL GAMBLING 1 Chapter 22 LAWFUL GAMBLING ARTICLE I. IN GENERAL Sec. 22-1. Gambling prohibitions. (a)Any person engaged in gambling as a participant therein or any person who knowingly permits gambling on his premises, such gambling being defined as gambling within the meaning of Minn. Stats. §§ 609.75— 609.762, shall be guilty of a misdemeanor. (b)All kinds and descriptions of gaming, gambling and fraudulent devices and practices in gaming and all playing of dice or other games of chance are hereby prohibited. (c)All roulette tables; all faro banks; all crap tables; all gambling with cards, gaming tables or gambling devices; all descriptions of gaming and gambling; all houses and places for the purpose of gambling and fraudulent devices and practices; and all playing of cards, dice or other games of chance are hereby prohibited from being set up, used or kept for gaming or gambling purposes in the city. (d)No person shall bet any money or other property at or upon or in any gaming or gambling table, game or device prohibited by this section. (e)No person shall keep any house or place for the purpose of gambling nor shall any person suffer or allow any gaming table, bank or gambling device or gambling equipment prohibited in this section to be set up or used for the purpose of gaming in any house, building, boat, lot, hotel, motel, shop, ward, room, space or garden belonging to him, occupied by him or over which he has no control. (f)If any person shall engage in a gambling game or make use of any gambling device or equipment prohibited by this section or shall keep tables, furniture, fixtures or instruments for gaming or gambling or used or intended for use in gaming or gambling, in or out of any house, room or place, such tables, instruments or equipment may be seized and taken into custody by any police officer. It is hereby made the expressed duty of all police officers to enter any place, house, room, tent or booth and seize the gaming tables, instruments, fixtures or equipment and hold and keep the gaming tables, instruments, fixtures or equipment. (g)No person shall visit any place, house or room used, occupied or in any way designed for gaming or gambling purposes and there bet any money or valuable thing on any game or device, either played with cards, dice or otherwise. It shall be the duty of the police officers to visit all houses, places, rooms, tents or booths where any such gambling is carried on in violation of this section and to arrest all persons violating this section. (h)No person shall, within the city, whether directly or indirectly, bet or risk any money or other property at or upon any game, device, horse race, contest of any kind whatever or upon the happening of any event, whether such event takes place within or without the city limits, or the result of any such event or engage in any gaming or gambling of any kind whatever, in which money or other property is directly or indirectly bet, 1 Editor's note(s)—Ord. No. 881, revised April 14, 2008, amended Ch. 22 in its entirety to read as set out herein. Former Ch. 22, §§ 22-1, 22-31—22-38, 22-66—22-75, 22-101—22-106, 22-136—22-158, pertained to lawful gambling and derived from the Code of 1982, §§ 15-1—15-9, 15-26—15-34, 15-42, 15-46—15-51, 15-66—15- 88; Ord. No. 881, adopted July 11, 2007. Maplewood, Minnesota, Code of Ordinances Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 1 of 9 Council Packet Page Number 154 of 162 J3, Attachment 3 wagered, staked or risked, or aid or abet, directly or indirectly, any other person in the doing of any such acts. (i) This section shall not apply to the game of bingo, as defined by state law, if such game of bingo is duly licensed pursuant to state law and this Code or other city ordinance. (j) Notwithstanding the other subsections of this section, a fraternal, religious, veterans' or other nonprofit organization may set up to operate a gambling device or conduct a raffle, as defined in Minn. Stats. § 349.12, if licensed by the city and conducted pursuant to Minn. Stats. § 340.12, and a person may manufacture, sell or offer for sale a gambling device to such organization. (Ord. No. 881, rev. 4-14-2008) ARTICLE II. LAWFUL GAMBLING Sec. 22-2. Adoption of state law by reference. The provisions of Minn. Stats. ch. 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this article as if set out in full. It is the intention of the council that all future amendments of Minn. Stats. ch. 349 are hereby adopted by reference or referenced as if they had been in existence at the time this article was adopted. (Ord. No. 881, rev. 4-14-2008) Sec. 22-3. City may be more restrictive than state law. The council is authorized by the provisions of Minn. Stats. § 349.213, as it may be amended from time to time, to impose, and has imposed in this article, additional restrictions on gambling within its limits beyond those contained in Minn. Stats. ch. 349, as it may be amended from time to time. (Ord. No. 881, rev. 4-14-2008) Sec. 22-4. Purpose. The purpose of this chapter is to regulate lawful gambling within the City of Maplewood, to prevent its commercialization, to insure the integrity of operations, and to provide for the use of net profits only for lawful purposes. (Ord. No. 881, rev. 4-14-2008) Sec. 22-5. Definitions. In addition to the definitions contained in Minn. Stats. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this chapter: Board means the State of Minnesota Gambling Control Board. City means the City of Maplewood. Council means the City Council of the City of Maplewood. Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 2 of 9 Council Packet Page Number 155 of 162 J3, Attachment 3 Licensed organization means an organization licensed by the board. Local permit means a permit issued by the city. Raffle means an activity that requires no skill in order to win a prize. Prizes are awarded through the purchase of chances. Trade area means the City of Maplewood and each city and township contiguous to the City of Maplewood. (Ord. No. 881, rev. 4-14-2008) Sec. 22-6. Lawful gambling permitted. Lawful gambling is permitted within the city provided it is conducted in accordance with Minn. Stats. §§ 609.75—609.763, inclusive, as they may be amended from time to time; Minn. Stats. §§ 349.11—349.23, inclusive, as they may be amended from time to time; and this chapter. (Ord. No. 881, rev. 4-14-2008) Sec. 22-7. Location. (a) Lawful gambling under license issued by the state lawful gambling board may be conducted only at the following locations: (1) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on- sale establishment as permitted in this chapter. (2) In licensed on-sale liquor, wine, and beer establishments. (3) Notwithstanding subsections (a)(1) and (2) of this section, raffle-only licenses may be approved for any proper location. (b) No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the city. (Ord. No. 881, rev. 4-14-2008) Sec. 22-8. Conditions. The conduct of lawful gambling under license issued by the state lawful gambling control board shall be subject to the following conditions in the city: (1) No sale, consumption, or possession of liquor, wine, 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine, or 3.2 percent malt liquor license or a bottle club permit; provided, further, that no sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted in the room where a bingo session is taking place. (2) The organization must have been in existence for three years preceding the license application as a registered Minnesota nonprofit corporation or as an organization designated as exempt from the payment of income taxes by the Internal Revenue Code. The organization must have at least 15 active members. Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 3 of 9 Council Packet Page Number 156 of 162 J3, Attachment 3 (3) Before any person may serve as gambling manager for any organization licensed to conduct gambling in the city, that person must have satisfactorily completed a course of instruction conducted by the state lawful gambling control board on the duties and responsibilities of the gambling manager. (Ord. No. 881, rev. 4-14-2008) Sec. 22-9. Lawful gambling at on-sale establishments. Lawful gambling at on-sale liquor, wine, and 3.2 percent malt liquor establishments shall be conducted in compliance with the following: (1) Only licenses for lawful gambling and raffles may be issued, except where the licensed gambling organization also holds the on-sale liquor, wine, or 3.2 percent malt liquor licenses for the premises, in which case any gambling license may be issued. (2) On-sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on-sale establishment. (3) Every agreement between a nonprofit organization and an on-sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. There shall be no other compensation paid to the on-sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of this chapter. Rental payments shall not exceed: a. For booth operations - ten percent of gross profits (net after taxes) with a maximum of $1,750.00 per month. b. For bar operations - 20 percent of gross profits (net after taxes) with a maximum of $2,000.00 per month. (4) A copy of any lease agreement between a nonprofit organization and an on-sale licensee shall be filed with the city clerk and the police chief with the gambling license application. (5) All gambling shall be conducted from a booth or the bar services area. The physical layout of the area set aside for gambling shall be subject to approval of the police department. (6) If gambling is conducted from a booth, it shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name and license number and shall indicate that all profits from gambling are for the benefit of the organization. (7) No person shall be jointly employed by both the nonprofit organization and the on-sale establishment. This section shall not apply when the licensed gambling organization is also the holder of the on-sale license for the establishment where the gambling is conducted. (8) No gambling funds shall be commingled with funds of the on-sale establishment. (9) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances. (10) The on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours. (11) The on-sale licensee shall make no agreements with any gambling equipment distributor requiring the use of his gambling equipment in the establishment. Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 4 of 9 Council Packet Page Number 157 of 162 J3, Attachment 3 (12) The city council may disapprove a gambling license application for an on-sale establishment in which gambling violations have previously occurred. (Ord. No. 881, rev. 4-14-2008) Sec. 22-10. Council approval. Lawful gambling authorized by Minn. Stats. §§ 349.11—349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the council, subject to the provisions of this chapter and state law. (Ord. No. 881, rev. 4-14-2008) Sec. 22-11. Application and local approval of premises permits. (a) Any organization seeking to obtain a premises permit or bingo hall license, or renewal of a premises permit or bingo hall license from the board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as filed with the board. The application and accompanying exhibits and documents shall be filed not later than three days after they have been filed with the board. (b) Upon receipt of an application for issuance or renewal of a premises permit or bingo hall license, the city clerk shall transmit the application to the chief of police for review and recommendation. (c) The chief of police shall investigate the matter and make its review and recommendation to the city council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. (d) Organizations or bingo halls applying for a state issued premises permit shall pay the city an investigation fee as set by state statute for cities of the second class. This fee shall be refunded if the application is withdrawn before the investigation is commenced. (e) The applicant shall be notified in writing of the date of which the council will consider the recommendation. (f) The council shall receive a report from the city clerk that includes pertinent information from the background investigation and consider the application within 45 days of the date that the application was submitted. (g) The council shall, by resolution, approve or disapprove the application within 60 days of the receipt of the application. (h) The council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three years. (2) Violation by the on-sale establishment or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three years. (3) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (4) Lawful gambling would be conducted at more than four premises within the city. (5) Failure of the applicant to pay the investigation fee within the prescribed time limit. Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 5 of 9 Council Packet Page Number 158 of 162 J3, Attachment 3 (6) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise, the council shall pass a resolution approving the application. (Ord. No. 881, rev. 4-14-2008) Sec. 22-12. Local permits. (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minn. Stats. § 349.166, as it may be amended from time to time, without a valid local permit. (b) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city. The application shall contain the following information: (1) Name and address of the organization requesting the permit. (2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (3) Dates of gambling occasion for which permit is requested. (4) Address of premises where event will occur. (5) Copy of rental or leasing arrangement, if any, connected with the event including rental to be charged to organization. (6) Estimated value of prizes to be awarded. (c) When filing an application for the issuance of a local permit under this section, the applicant must pay to the city clerk, in full, the amount of the permit fee as imposed, set, established and fixed by the city council, which fee shall not exceed the maximum dollar amount set by the state. (d) The council shall disapprove an application for issuance of a local permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three years. (2) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three years. (3) The organization has not been in existence for at least three consecutive years prior to the date of application. (4) The organization does not have at least 15 active members. (5) Exempted or excluded lawful gambling will not take place at a premises the organization owns or rents. (6) Exempted or excluded lawful gambling will not be limited to premises for which an on-sale liquor license has been issued. (7) Exempted or excluded lawful gambling will occur at more than four premises within the city. (8) More than one licensed, qualified organization will be conducting exempted or excluded lawful gambling activities at any one premises at any one time. (9) Failure of the applicant to pay the permit fee within the prescribed time limit. Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 6 of 9 Council Packet Page Number 159 of 162 J3, Attachment 3 (10) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise, the council shall approve the application. (Ord. No. 881, rev. 4-14-2008; Council Amend. of 9-28-2015) Sec. 22-13. Revocation and suspension of local permit. (a) A local permit may be revoked, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A permit shall not be revoked or suspended until notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the council shall hold a hearing on the matter at least one week after the date on which the request is made. If, as a result of the hearing, the council finds that an ordinance violation exists, then the council may suspend or revoke the permit. (Ord. No. 881, rev. 4-14-2008; Council Amend. of 9-28-2015) Sec. 22-14. License and permit display. All permits issued under state law or this chapter shall be prominently displayed during the permit year at the premises where gambling is conducted. (Ord. No. 881, rev. 4-14-2008) Sec. 22-15. Notification of material changes to application. An organization holding a state issued premises permit or a local permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. (Ord. No. 881, rev. 4-14-2008) Sec. 22-16. Contribution of net profits to fund administered by city. (a) Each organization licensed to conduct lawful gambling within the city pursuant to Minn. Stats. § 349.16, as it may be amended from time to time, shall contribute ten percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for lawful purposes as defined by Minn. Stats. § 349.12, subd. 25, as it may be amended from time to time. An organization's receipts from lawful gambling that is exempt from licensing under Minn. Stats. § 349.166 are not subject to ten percent contribution imposed by this section. (b) The ten-percent contribution imposed by this section shall be paid to a fund administered and regulated by the city, without cost to the city, for disbursement for lawful purposes on a monthly basis and shall be reported on a duplicate copy of the gambling tax return filed with the state lawful gambling control board each month. The report shall be an exact duplicate of the report filed with the state lawful gambling control board, without deletions or additions, and must contain the signatures of organization officials as required Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 7 of 9 Council Packet Page Number 160 of 162 J3, Attachment 3 on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form. The gambling tax return and payment of the contribution due must be postmarked or, if hand-delivered, received in the office of the finance director on or before the last day of the month following the month for which the report is made. An incomplete gambling tax return will not be considered timely unless corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and contribution shall be delivered to: Finance Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Checks shall be made payable to the city. (c) There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section. (d) The city council shall disapprove any pending application for renewal or the original issue of a lawful gambling license for any organization which owes delinquent contributions to the city. Further, the police chief may notify the state lawful gambling board of any organization owing delinquent contributions to the city and may request that the board revoke or suspend the organization's license during the license year. The city council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent contributions to the city. The remedies in this subsection are not exclusive and shall be in addition to any other powers and remedies provided by law. (Ord. No. 881, rev. 4-14-2008) Sec. 22-17. Designated trade area. (a) Each organization licensed to conduct gambling within the city shall expend 51 percent of its lawful purpose expenditures on lawful purposes conducted within the city's trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the city's jurisdiction. (Ord. No. 881, rev. 4-14-2008) Sec. 22-18. Records and reporting. (a) Organizations conducting lawful gambling shall file with the city clerk one copy of all records and reports required to be filed with the board, pursuant to Minn. Stats. ch. 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the board. (b) Organization licensed by the board shall file a report with the city proving compliance with the trade area spending requirements imposed by section 22-16. Such report shall be made on a form prescribed by the city and shall be submitted annually and in advance of application for renewal. (Ord. No. 881, rev. 4-14-2008) Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 8 of 9 Council Packet Page Number 161 of 162 J3, Attachment 3 Sec. 22-19.Penalty. Any person who violates: (1) Any provision of this chapter; (2) Minn. Stats. §§ 609.75—609.763, inclusive, as they may be amended from time to time; or (3) Minn. Stats. §§ 349.11—349.21, as they may be amended from time to time, or any rules promulgated under those sections, as they may be amended from time to time, shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000.00 or imprisonment for a term not to exceed 90 days, or both, plus in either case the costs of prosecution. (Ord. No. 881, rev. 4-14-2008) Sec. 22-20. Severability. If any provision of this chapter is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. (Ord. No. 881, rev. 4-14-2008) Sec. 22-21. Effective date. This chapter becomes effective on the date of its publication, or upon the publication of a summary of the ordinance from which this chapter derives, as provided by Minn. Stats. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stats. § 331A.01 subd. 10, as it may be amended from time to time. (Ord. No. 881, rev. 4-14-2008) Created: 2025-05-23 14:35:58 \[EST\] (Supp. No. 11) Page 9 of 9 Council Packet Page Number 162 of 162