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HomeMy WebLinkAbout2018-06-11 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 11, 2018 Maplewood City Hall – Council Chambers Meeting No.11-18 A. CALL TO ORDER A meeting of the City Council was held at the Maplewood City Hall – Council Chambers and was called to order at 7:05 by Mayor Slawik. Mayor Slawik highlighted the Rice-Larpenteur Project event that took place last week. Councilmember Juenemann gave additional information about the project. B. PLEDGE OF ALLEGIANCE Annie and Grace Gabriel led the council in the pledge of allegiance. C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA The following item was added to the agenda under Consent: Approval to accept agenda item E1 Wilder Foundation Report from the City Council Workshop Meeting. The following items were added to the agenda under Appointments and Presentations, Council Presentations: Nicole Guzman from Bruentrup Farm City’s YouTube Videos Kid City Event Councilmember Xiong moved to approve the agenda as amended. Seconded by Councilmember Smith Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. May 29, 2018 City Council Workshop Minutes Councilmember Abrams moved to approve the May 29, 2018 City Council Workshop June 11, 2018 1 City Council Meeting Minutes Minutes as submitted. Seconded by Councilmember Juenemann Ayes – Council Members Abrams, Juenemann and Smith Abstain – Mayor Slawik, Councilmember Xiong The motion passed. 2. May 29, 2018 City Council Meeting Minutes Change the word “she” to “City Manager” under F2 Grateful Resident Email on page 2 of the Minutes. Councilmember Juenemann moved to approve the May 29, 2018 City Council Meeting Minutes as amended. Seconded by Councilmember Smith Ayes – Council Members Abrams, Juenemann, Smith and Xiong Abstain – Mayor Slawik The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar. Councilmember Abrams suggested staff look into a tree program be add to a future agenda. Councilmember Smith requested the City’s permit fee structure be looked at. 2. Council Presentations Nicole Guzman from Bruentrup Farm Councilmember Juenemann reported that Nicole Guzman, Director at Bruentrup Farm and Historical Preservation Society is leaving her position. City’s YouTube Videos Councilmember Abrams reported on a YouTube video she saw online about the Spent Lime Filter to improve water quality in Wakefield Lake. Communications Manager Sheeran gave additional information about the video. Kid City Event Mayor Slawik reported on Kid City events that were published in the June 2018 edition of th Maplewood Living. She also noted the information on the July 4 event in Hazelwood Park. June 11, 2018 2 City Council Meeting Minutes 3. Presentation of Lifesaving Awards – Police Department Public Safety Director Nadeau addressed the council to give the staff report and presented the Lifesaving Awards to: Citizens David Woodward and Amanda Carr White Bear Lake Police Officers Bridget Mace and John Saumweber Maplewood Police Officers Alesia Metry and Tony Gabriel Maplewood Fire Captain Bob Peterson Maplewood Firefighters/Paramedics Rochelle Hawthorne, Jodi Halweg, Andrew Bauman Maplewood Firefighter/EMT Charles Crummy Karen Conway, wife of Kelly Conway addressed the council to express the family’s gratitude. G. CONSENT AGENDA Councilmember Juenemann moved to approve agenda items G1-G4. Seconded by Councilmember Abrams Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 697,095.44 Checks # 101669 thru #101705 dated 05/29/18 $ 611,960.90 Disbursements via debits to checking account dated 05/21/18 thru 05/25/18 $ 568,756.42 Checks #101707 thru #101728 dated 6/05/18 $ 297,681.06 Disbursements via debits to checking account dated 05/29/18 thru 06/01/18 $ 2,175,493.82 Total Accounts Payable PAYROLL $ 558,178.23 Payroll Checks and Direct Deposits dated 06/01/18 $ 2,101.26 Payroll Deduction check # 99103274 thru # 99103277 dated 06/01/18 $ 560,279.49 Total Payroll June 11, 2018 3 City Council Meeting Minutes $ 2,735,773.31 GRAND TOTAL Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Purchase of Construction Services for Maplewood Police Department Bathroom Remodel Work, City Project 18-17 Councilmember Juenemann moved to approve the purchase of construction services for the Maplewood Police Department Bathroom Remodel Work, City Project 18-17 and direct the City Manager to enter into the contract with American Liberty Construction, in the amount of $49,900.00. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Purchase Additional Trash Carts for the Maplewood Trash Plan Councilmember Juenemann moved to approve the Purchase agreement with Otto Environmental Systems N.A., Inc. for the purchase of 564 additional trash carts to be used in the Maplewood Trash Program. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Accept Wilder Foundation Report Councilmember Juenemann moved to accept the Wilder Foundation report. Seconded by Councilmember Abrams Ayes – All The motion passed. H. PUBLIC HEARINGS 1. Farrell-Ferndale Area Improvements, City Project 17-18 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract City Manager Coleman introduced the staff report. Public Works Director Love gave additional information about the report. City Engineer Jarosch gave the staff report. Mayor Slawik opened the public hearing. The following people spoke: 1. Thomas Layer, 580 Farrell Street June 11, 2018 4 City Council Meeting Minutes Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the Resolution Adopting Assessment Roll for the Farrell-Ferndale Area Improvements, City Project 17-18. Resolution 18-06-1575 Adopting Assessment Roll WHEREAS, pursuant to resolution passed by the City Council on May 29, 2018, calling for a Public Hearing, the assessment roll for the Farrell-Ferndale Area Street Improvements, City Project 17-18 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: None. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 25, 2018, as to their recommendations for adjustments. 3. The assessment roll for the Farrell-Ferndale Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessments shall be payable in equal annual installments extending over a period of and 15 years for residential properties and 8 years for commercial properties, the first installments to be payable on or before the first Monday in January 2019 and shall bear interest at the rate of 5.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of June 11, 2018 5 City Council Meeting Minutes the assessment to the county auditor, but no later than November 15, 2018, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2018, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6. The City Engineer and City Clerk shall forthwith after November 15, 2018, but no later than November 16, 2018, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Juenemann moved to approve the Resolution Receiving Bids and Awarding Construction Contract for the Farrell-Ferndale Area Improvements, City Project 17-18, to T.A. Schifsky and Sons, Inc. Resolution 18-06-1576 Receiving Bids and Awarding Construction Contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the base bid of T.A. Schifsky and Sons, Inc. in the amount of $5,221,903.32 is the lowest responsible bid for the construction of Farrell- Ferndale Area Street Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Seconded by Councilmember Abrams Ayes – All The motion passed. I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Joint Powers Agreement with the Valley Branch Watershed District for the Joy Park Spent Lime Treatment System, City Project 16-37 June 11, 2018 6 City Council Meeting Minutes City Manager Coleman introduced the report. Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the Joint Powers Agreement with the Valley Branch Watershed District and the City of North Saint Paul for the Joy Park Spent Lime Treatment System, City Project 16-37. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Family Auto Sales, 1065 Highway 36 East a. Conditional Use Permit Resolution b. Variance Resolution City Manager Coleman introduced the report. Environmental Planner Finwall gave the staff report. Commissioner Eads addressed the council to give the Planning Commission report. Antonio Martinez, owner of Family Auto Sales address the council to answer questions. Councilmember Smith moved to approve the conditional use permit resolution which outlines the conditions required to sell up to nine used motor vehicles within the Light Manufacturing (M-1) zoning district at 1065 Highway 36 East. Resolution 18-06-1577 Conditional Use Permit Resolution WHEREAS, Antonio Martinez, Family Auto Sales, has applied for a conditional use permit for used motor vehicle sales at 1065 Highway 36. WHEREAS, Sections 44-512 (5) of the city ordinances requires a conditional use permit for used motor vehicle sales in the Light Manufacturing (M-1) zoning district. WHEREAS, the conditional use permit is for the property at 1065 Highway 36. WHEREAS, the legal description for the property is: Section 9, Town 29, Range 22; Part Nly of Keller Pkwy of W 141 Ft Of E 491 Ft Of Sw 1/4 (subj To Hwy) In Sec 9 Tn 29 Rn 22. WHEREAS, the property identification number for the property is 09-29-22-31-0002 WHEREAS, the history of this conditional use permit is as follows: 1. On May 15, 2018, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. June 11, 2018 7 City Council Meeting Minutes 2. On June 11, 2018, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Used motor vehicles sales is limited to nine parking spaces on the south parking lot. 2. Used motor vehicle sales is limited to Monday through Saturday, from 9 a.m. to 6 p.m. 3. Exterior improvements are limited to lighting and parking lot striping. 4. The applicant must submit a revised site plan which shows the required accessible parking stalls. 5. The applicant must submit a revised lighting plan which shows the following details: a. The style of the wall pack lights. June 11, 2018 8 City Council Meeting Minutes b. The style and height of the freestanding light. c. A note on the plan that indicates the exterior lights on the north side of the building will automatically shut off at 8 p.m. 6. The garage bay is to be used for detailing, vacuuming, waxing, windshield repair, and minor repairs for inventory vehicles only. 7. The garage bay door must be closed when in use. 8. Test drives shall be limited to the frontage road with drives through the residential neighborhood prohibited. 9. Vehicle deliveries and transport unloading shall be done on site and not along public streets. 10. The applicant must obtain a building permit for interior improvements. 11. The applicant must obtain a Used Car Dealer business license. 12. Any signs shall be installed in accordance with the Maplewood Sign Ordinance. The city council shall review this permit in one year. Seconded by Councilmember Abrams Ayes – Mayor Slawik, Council Members Abrams, Smith and Xiong Nayes – Councilmember Juenemann The motion passed. Councilmember Smith moved to approve the variance resolution which allows used motor vehicle sales at 1065 Highway 36 East to be located closer than 350 feet to property the City is planning for residential. Resolution 18-06-1578 Variance Resolution WHEREAS, Antonio Martinez, Family Auto Sales, has applied for a variance to allow for used motor vehicle sales to be located closer than 350 feet to property the City is planning for residential. WHEREAS, Sections 44-512 (5) of City ordinances requires that used motor vehicles be located 350 feet from any property that the City is planning for residential use. WHEREAS, the applicant’s proposed use would be 227 feet from the nearest residential property the city is planning for residential use. WHEREAS, this variance applies to the property at 1065 Highway 36. WHEREAS, the legal description for the property is: Section 9, Town 29, Range 22; June 11, 2018 9 City Council Meeting Minutes Part Nly of Keller Pkwy of W 141 Ft Of E 491 Ft Of Sw 1/4 (subj To Hwy) In Sec 9 Tn 29 Rn 22. WHEREAS, the property identification number for the property is 09-29-22-31-0002 WHEREAS, the history of the variance is as follows: 1. The planning commission held a public hearing on May 15, 2018. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this variance. 2. On June 11, 2018, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described variances since: 1. The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the city ordinance attempts to buffer used motor vehicle sales activities from residents. In this case, the sales would be located on the south parking lot, which is over 350 feet to property the city is planning for residential. 2. The use would be consistent with the comprehensive plan since it is classified commercial and used motor vehicle sales are a commercial activity. There are practical difficulties in complying with the ordinance. The property is closer than 350 feet to the nearest property the city is planning for residential, but the used motor vehicle sales will take place on the south parking lot, further than 350 feet from residential. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Urban Agriculture Ordinance Amendments a. Animal Agriculture Ordinances i. Keeping of Bees ii. Keeping of Poultry iii. Temporary Keeping of Goats and Sheep iv. Aquaponics and Aquaculture in M1 and M2 Zone b. Crop Agriculture Ordinances i. Community and Market Gardens ii. Front Yard Gardening and Permaculture iii. Urban Farms c. Direct to Consumer Sales Ordinance June 11, 2018 10 City Council Meeting Minutes City Manager Coleman introduced the report. Environmental Planner Finwall gave the presentation. Commissioner Eads gave the Planning Commission report. Commissioner Palzer, Commissioner Okeson, Commissioner Miller addressed the council to give the Environmental and Natural Resource Commission report. Councilmember Xiong moved to approve the Keeping of Bees ordinance. Ordinance 978 An Ordinance Allowing the Keeping of Bees Section 1. This section amends the animal chapter to allow the keeping of bees as a permitted use in all zoning districts. Chapter 10 (Animals), Article XI (Bees) Sec. 10-511. – Purpose Promote the conservation, health, and diversity of bee pollinators through best practices in the keeping of bees. Sec. 10-512. Definitions Bee means a domestic honeybee of the species Apis mellifera Beekeeper means a person who is responsible for the keeping of bees on a property. Beekeeping means the keeping of bees in a hive. Hive means a structure intended for the housing of a bee colony. Sec. 10-513. – Beekeeping as an Accessory Use. Beekeeping is permitted outright (in all zoning districts) as an accessory use. Sec. 10-514. Nuisances. Sec. 10-515. - Hive Regulations: (1) Located at least five (5) feet from any property line with the front of the hive facing in toward the property. (2) Located at least ten (10) feet from a public sidewalk with the front of the hive facing in toward the property. (3) Located at least twenty-five (25) feet from a principal building on an adjoining lot. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the Keeping of Poultry ordinance with 60% neighborhood approval. June 11, 2018 11 City Council Meeting Minutes Ordinance 979 An Ordinance Allowing the Keeping of Poultry in All Zoning Districts Section 1. This section amends the Maplewood Zoning Code to amend definitions for livestock and poultry. Sec. 44-6. Definitions. Livestock means horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches, reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture, husbandry, or the production of edible or salable byproducts. This definition shall be expressly construed as having no application to the ownership or disposition of poultry. Poultry means domesticated birds in the order of Galliformes (excluding the genus Meleagris) that serve as a source of eggs or meat. Section 2. This section amends the Maplewood Zoning Code to allow the keeping of poultry in the Single Dwelling Residential zoning districts with a permit. Sec. 44-103. Prohibited uses. The following uses are prohibited in the R-1 Residence district: (1) The raising or handling of livestock or animals causing a nuisance, except for licensed kennels.* (2) Accessory buildings without an associated dwelling on the same premises. (3) Commercial plant nurseries, commercial greenhouses, farms or any structure for the sale of display of commercial products, when not on a property with a residential use. *Note: Change this section if the temporary keeping of goat/sheep ordinance is approved. Section 3. This section amends the Maplewood Zoning Code to allow the keeping of poultry in the Rural Residential zoning districts with a permit. Sec. 44-118. - Uses. (3) Prohibited uses. The city prohibits the following uses in the R-1R zoning district: (b) The raising or handling of livestock or animals causing a nuisance, except for licensed kennels.* *Note: Change this if the temporary keeping of goat/sheep ordinance is approved. Section 4. This section amends the Maplewood Zoning Code to allow the keeping of poultry in the Small-Lot Single-Dwelling zoning districts with a permit. June 11, 2018 12 City Council Meeting Minutes Sec. 44-192. Uses. (b) Prohibited uses. (1) Accessory buildings without an associated dwelling on the same premises. (2) The raising or handling of livestock, poultry or animals causing a nuisance, except for licensed kennels. Section 5. This section adds language to the city’s Animal Ordinance (Chapter 10) to address the permitting requirements for poultry in all zoning districts. Chapter 10 (Animals), Article IX (Poultry) Sec. 10-476. Definitions. Brooding means the period of poultry growth when supplemental heat must be provided, due to the bird’s inability to generate enough body heat. Coop means the structure for the keeping or housing of poultry permitted by the ordinance. Exercise yard means a larger fenced area that provides space for exercise and foraging for the birds when supervised. Officer means any person designated by the city manager as an enforcement officer. Poultry means domesticated birds in the order of Galliformes (excluding the genus Meleagris) that serve as a source of eggs or meat. Rooster means a male domesticated bird in the order of Galliformes. Run means a fully enclosed and covered area attached to a coop where the poultrychickens can roam unsupervised. Sec. 10-477. Purpose. It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the keeping and maintenance of poultry for egg and meat sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community. Sec. 10-478. Investigation and Enforcement. Officers designated by the city manager shall have authority in the investigation and enforcement of this article, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The officer shall make investigations as is necessary and may grant, deny, or refuse to renew any application for permit, or terminate an existing permit under this article. June 11, 2018 13 City Council Meeting Minutes Sec. 10-479. Limitations for the keeping of poultry: (a) Keeping of poultry is allowed in all zoning districts with a permit. (b) Number of Poultry: Up to ten (10) poultry on any lot. (c) Roosters: Roosters are prohibited. (d) Slaughtering: Slaughtering of poultry on the property is prohibited. (e) Coop Standards: A separate coop is required to house the poultry. Coops must be constructed and maintained to meet the following minimum standards: (1) Located in the rear or side yard. (2) Setback at least five (5) feet from the rear or side property lines. (3) Interior floor space – four (4) square feet per bird. (4) Interior height – adequate room to allow access for cleaning and maintenance. (5) Doors – one (1) door to allow humans to access the coop and one (1) for birds (if above ground level, must also provide a stable ramp). (6) Windows – one (1) square foot window per ten (10) square feet floor space. Windows must be able to open for ventilation. (7) Climate control – adequate ventilation and/or insulation to maintain the coop temperature between 32 – 85 degrees Farenheit. (8) Nest boxes – one (1) box per every three (3) birds. (9) Roosts – shall be sufficient for the number of birds in the coop. (10) Rodent proof – coop construction and materials must be adequate to prevent access by rodents. (11) Coops shall be constructed and maintained in a workmanlike manner. (f) Poultry Run: A run or exercise yard is required. (1) Runs must be constructed and maintained to meet the following minimum standards: a) Location: rear or side yard. b) Size: Ten (10) square feet per bird, if access to a fenced exercise yard is also available; sixteen (16) square feet per bird, if access to an exercise yard is not available. If the coop is elevated two (2) June 11, 2018 14 City Council Meeting Minutes feet so the poultry can access the space beneath, that area may count as a portion of the minimum run footprint. c) Height: Adequate room to allow access for cleaning and maintenance. 1) Gate: One gate to allow human access to the run. 2) Cover: Adequate to keep poultry in and predators out. 3) Substrate: Composed of material that can be easily raked or regularly replaced to reduce odor and flies. (2) Exercise Yards: Exercise yards must be fenced and is required if the run does not provide at least sixteen (16) square feet per bird. Exercise yards must provide a minimum of one-hundred seventy-four (174) square feet per bird. (g) Prohibited Storage of Poultry: (1) Poultry must not be housed in a residential house or commercial building. (2) Poultry must not be housed in an attached or detached garage, except for brooding purposes only. (h) Unsanitary Conditions: All premises on which poultry are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surrounding must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property. Failure to comply with these conditions may result in the officer removing poultry from the premises and/or revoking a poultry permit. (i) Food Storage: All grain and food stored for the use of the poultry on a premise with a poultry permit shall be kept in a rodent proof container. (j) Nuisances: Poultry shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. (k) Disposal: Dead poultry must be disposed of according to the Minnesota Board of Animal Health rules which require poultry carcasses to be disposed of as soon as possible after death, usually within forty-eight (48) to seventy-two (72) hours. Legal forms of poultry carcass disposal include burial, off-site incineration or rendering, or composting. Sec. 10-480. Permit (1) Permit required. The officer shall grant a permit for poultry after the applicant has obtained the written consent of at least 60 percent of the owners or occupants of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) June 11, 2018 15 City Council Meeting Minutes on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or more from any house or business. Where an adjacent property consists of a multiple dwelling or multi-tenant property, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. (2) Application. Any person desiring a permit required under the provisions of this article shall make written application to the city clerk upon a form prescribed by and containing such information as required by the city clerk and officer. Among other things, the application shall contain the following information: (a) A description of the real property upon which it is desired to keep the poultry. (b) The genus and number of poultry to be maintained on the premises. (c) A site plan of the property showing the location and size of the proposed poultry coop and run, setbacks from the poultry coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, style, and height of fencing proposed to contain the poultry in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan. (d) Statements that the applicant will at all times keep the poultry in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit. (e) Such other and further information as may be required by the officer. (3) Permit conditions. If granted, the permit shall be issued by the city clerk and officer and shall state the conditions, if any, imposed upon the permitted for the keeping of poultry under this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintain such poultry. (4) Violations. June 11, 2018 16 City Council Meeting Minutes (a) Any person violating any of the sections of this ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be punished in accordance with section 1-15. (b) If any person is found guilty by a court for violation of this section, their permit to own, keep, harbor, or have custody of poultry shall be deemed automatically revoked and no new permit may be issued for a period of one (1) year. (c) Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including but not limited to the pickup and impounding of poultry. (5) Required; exceptions. No person shall (without first obtaining a permit in writing from the city clerk) own, keep, harbor or have custody of any live poultry. (6) Fees; issuance. For each poultry permit the fee is as may be imposed, set, established and fixed by the City Council, by resolution, from time to time. (7) Term. Permits issued under this division shall have a duration period of two years. The first two years of a permit shall require an annual inspection after year one. The expiration date of such permit is as may be imposed, set, established and fixed by the city clerk, from time to time. A permit renewal application shall be filed with the office of the city clerk prior to the expiration date. (8) Revocation. The city manager may revoke any permit issued under this ordinance if the person holding the permit refuses or fails to comply with this ordinance, with any regulations promulgated by the city council pursuant to this ordinance, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten (10) days thereafter, humanely dispose of all poultry being owned, kept or harbored by such person, and no part of the permit fee shall be refunded. Sec. 10-481 – 10-491. Reserved. Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Abrams moved to approve the Temporary Keeping of Goats and Sheep ordinance with 60% neighborhood approval. Ordinance 980 June 11, 2018 17 City Council Meeting Minutes An Ordinance Allowing the Temporary Keeping of Goats and Sheep Section 1. This section amends the Maplewood Zoning Code to allow the temporary keeping of goats and sheep in the Single Dwelling zoning district for prescriptive grazing. Sec. 44-103. Prohibited uses. The following uses are prohibited in the R-1 Residence district: (1) The raising or handling of livestock (except for goats and sheep outlined in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance, except for licensed kennels. (2) Accessory buildings without an associated dwelling on the same premises. (3) Commercial plant nurseries, commercial greenhouses, farms or any structure for the sale of display of commercial products, when not on a property with a residential use. Section 2. This section amends the Maplewood Zoning Code to allow the temporary keeping of goats and sheep in the Rural Conservation Dwelling zoning district. Sec. 44-118. Uses. (3) Prohibited uses. The city prohibits the following uses in the R-1R zoning district: (b) The raising or handling of livestock (except for goats and sheep outlined in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance, except for licensed kennels. Section 3. This section amends the Maplewood Zoning Code to allow the temporary keeping of goats and sheep in the Small-Lot Single-Dwelling zoning district. Sec. 44-192. Uses. (b) Prohibited uses. (1) Accessory buildings without an associated dwelling on the same premises. (2) The raising or handling of livestock (except for goats and sheep outlined in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance, except for licensed kennels. Section 4. This section amends the animal chapter to allow the temporary keeping of goats and sheep in all zoning districts with a permit. Chapter 10 (Animals), Article X (Goats and Sheep) Sec. 10-492. Purpose. June 11, 2018 18 City Council Meeting Minutes It is the purpose of this ordinance to permit the keeping and maintenance of goats and sheep brought in temporarily for the purpose of vegetation management. Sec. 10-493. Definitions Buck means a male goat. Doe means a female goat. Goat means an animal in the subspecies of Capra Aegagrus Hircus. Grazing means goats or sheep eating vegetation. Officer means any person designated by the City Manager as an enforcement officer. Ram means a male sheep. Sheep means and animal in the subspecies of Ovis Aries Wethers means a castrated buck. Sec. 10-494. Permitted Use. The City allows the temporary keeping of goats and sheep in all zoning districts for vegetation management with a permit issued by the City Clerk. Sec. 10-495. Permit Required. (1) No person shall stable, keep, or permit any goats or sheep to remain on any lot or premises within the city without a permit. The City Manager or their designee shall grant a permit for goats or sheep after the applicant has met all requirements contained in this ordinance. (2) The Officer shall grant a permit for the temporary keeping of goats or sheep after the property owner has obtained the written consent of at least 60 percent or the property owners of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or more from any house or business. (3) Where an adjacent property consists of a multiple dwelling or multi-tenant property, the applicant need obtain only the written consent of the owner, manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. Sec. 10-496. Application. Any person desiring a permit required under the provisions of this ordinance shall make written application to the City Clerk upon a form prescribed by and containing such June 11, 2018 19 City Council Meeting Minutes information as required by the City Clerk and officer. Among other things, the application shall contain the following information: (1) A description of the real property upon which it is desired to keep goats or sheep. (2) The breed and number of goats or sheep to be maintained on the premises. (3) The timeframe for grazing at the property. (4) A site plan of the property showing the location and size of the proposed grazing area. Grazing must follow the wetland ordinance. (5) List of person(s) managing and monitoring the goats and sheep. (6) Statements that the applicant will at all times keep the goats and sheep in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this ordinance and grounds for cancellation of the permit and/or the issuance of a citation to the applicant. Sect 10-497. - Limitations for the Keeping of Goats and Sheep: (1) Permitted and Prohibited Goats and Sheep: Does and Wethers are permitted; Bucks and Rams are prohibited. (2) Fences: Every owner, keeper, custodian, or harborer of goats or sheep shall erect and/or maintain a fence, as described in this ordinance and the fence ordinance found in Section 12-3, to contain and confine all goats and sheep kept or maintained on the premises. The fence shall be at least five (5) feet in height and the meshing shall be of a size to contain the goats and sheep. The goats and sheep may be moved to a separate holding pen at night, which shall be located the maximum distance practicable from residences. (3) Number of Goats or Sheep Allowed: Up to four (4) goats or sheep on parcels that are ten thousand (10,000) square feet in area or less, with one (1) additional goat or sheep per every one thousand (1,000) square feet of lot area over ten thousand (10,000) square feet, to a maximum of seventy-five (75) goats or sheep per parcel. (4) Maintenance: All sites on which goats or sheep are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. (5) Odor: The site shall be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property. Failure to comply with these conditions may result in the City revoking the permit and requiring the removal of the goats or sheep from the premises. (6) Nuisance: Goats or sheep shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. June 11, 2018 20 City Council Meeting Minutes Sec. 10-498. Violations. (1) Any person violating this ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be punished in accordance with Section 1-15. (2) If any person is found guilty by a court for violation of this ordinance, their permit to temporarily keep goats or sheep shall be deemed automatically revoked and no new permit may be issued for a period of one (1) year. (3) Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including but not limited to the pickup and impounding of goats and sheep. Sec 10-499. Term of Permit. No property owner or person shall store on a property goats or sheep for more than sixty (60) days in any twelve (12) month period starting with the date the animals are moved on the parcel. The city may grant a time extension of an additional sixty (60) days provided the property owner gets approval from the city. Sec. 10-500. Application Fees. The application fee for a goat or sheep permit under this ordinance shall be set by the city council, by resolution, from time to time. Sec.10-501. Revocation. Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintain such goats or sheep. Sec. 10-502 – 10-510 – Reserved. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Smith moved to approve the Aquaponics and Aquaculture in M1 and M2 Zone ordinance. Ordinance 981 An Ordinance Allowing Aquaponics and Aquaculture in the Light and Heavy Manufacturing Zoning Districts Section 1. This section amends the zoning code to add definitions for aquaculture and aquaponics Sec. 44-6. Definitions June 11, 2018 21 City Council Meeting Minutes Aquaculture means the farming of aquatic organisms such as fish, crustaceans, and mollusks. It involves cultivating freshwater and saltwater aquatic populations under controlled conditions for the production and sale of fish. Aquaponics means a closed-loop system between plants and fish. It involves cultivating fish and plants in a symbiotic environment for the production and sale of fish and produce. Section 2. This section amends the Light Manufacturing (M-1) and Heavy Manufacturing (M-2) zoning districts to allow for aquaponics and aquaculture as a permitted use. Sec. 44-636. Permitted Uses The city shall permit the following uses by right in the M-1 light manufacturing district: (6) Manufacturing, assembly or processing of: (d) Food products, except meat, poultry or fish (excluding the assembly or processing of fish associated with aquaponics or aquaculture operations). Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Xiong moved to approve the Community and Market Gardens ordinance. Ordinance 982 An Ordinance Allowing Community and Market Gardens Section 1. This section creates a new ordinance to allow for community and market gardens of one acre or less as a permitted use and over one acre as a conditional use in all zoning districts. Chapter 18, Article V, Division 9 (Community and Market Gardens) Sec. 18-610. – Definitions. A Community and Market Garden are cultivated spaces typically gardened and managed by one or more persons – either on undeveloped lots or on leased lands for private consumption or retail sale. Sec. 18-611. Community and Market Gardens Under One Acre in Size. (a) Allowed in any zoning district with the following standards: (1) Maintain a 5-foot setback to all property lines. (2) On-site sales shall be limited only to products grown on the site with the following requirements: June 11, 2018 22 City Council Meeting Minutes 1) Sales shall be limited to no more than thirty (30) calendar days a year. 2) Sales shall only take place between the hours of 7am – 7pm. 3) Sales shall not take place on the public sidewalk or boulevard. (3) Soil tests showing that lead levels are less than one hundred parts per million (100ppm), or raised planting beds with soil barriers and clean, imported soil will be required. (4) Community or market garden accessory structures are allowed including greenhouses and hoop houses. A building permit is required for structures larger than 200 square feet in area. (5) Subject to minimum property maintenance standards as outlined in Maplewood City ordinances. (6) Abide by noise regulations as outlined in Maplewood City ordinances. (7) Be conducted in a manner that controls odor, dust, erosion, lighting, and noise and is in compliance with City standards so as not to create a nuisance. (8) Any tools, equipment, and material shall be stored and concealed within an enclosed, secure structure. (b) When a community or market garden has been discontinued: (1) The property shall be restored with native plantings; or at a minimum grass and ground cover to control erosion, dust, and mud. (2) All structures accessory to the community or market garden shall be removed. Sec. 18-612. Community or Market Gardens Over One Acre in Size. Allowed with a conditional use permit pursuant to 44-1092. Section 2. This section amends the Maplewood Zoning Code to add a definition for community and market gardens. Chapter 44 (Zoning), Article I (In General) Sec. 44-6. Definitions. June 11, 2018 23 City Council Meeting Minutes Community and Market Garden are cultivated spaces typically gardened and managed by one or more persons – either on undeveloped lots or on leased lands for private consumption or retail sale. Section 3. This section amends the Maplewood Zoning Code to allow for community and market gardens over one acre with a conditional use permit in any zoning district. Sec. 44-1092. – Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district in which they are not specifically prohibited: (8) Community and Market Gardens Over One Acre in Size Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Juenemann moved to approve the Front Yard Gardening and Permaculture ordinance. Ordinance 983 An Ordinance Allowing Front Yard Gardening and Permaculture Section 1. This section amends the Maplewood Zoning Code to allow for front yard gardening and permaculture as a permitted use in all residential zoning districts. Sec 44-6. – Definitions. Home garden is a garden within a residential property. Sec. 44-101. – Permitted uses. The only uses permitted in the R-1 residence district are as follows: 1. One single-family dwelling and its accessory buildings and uses on each lot. … 6. Home garden. Section 44-103. – Prohibited uses. The following uses are prohibited in the R-1 residence district: 2. Accessory buildings without an associated dwelling on the same premises, except for accessory buildings approved as part of a community or market garden. Section 2. This section amends the rental housing maintenance code to add clarifying language that identifies that permaculture is allowed as a permitted use in all residential zoning districts. June 11, 2018 24 City Council Meeting Minutes Sec. 12-99. – Yards. (d) Removal of noxious weeds. The yard shall be free from noxious weeds and tall nonnative turf grass as required in section 18-31(8). (h) Yards and landscaped areas. The owner shall maintain all yards and landscaping and replace all damaged or dead plants required by the city. If a yard is landscaped with tall native grasses, a five (5) foot wide manicured buffer of mowed grass or other shorter plants will be required around the perimeter of the yard that is adjacent other properties with manicured lawns. Section 3. This section amends the owner-occupied housing maintenance code to add clarifying language that identifies that permaculture is a permitted use in all residential zoning districts. Sec. 12-147 – Exterior property areas. (b) Removal of noxious weeds and pests. All exterior property areas shall be kept free from noxious weeds and tall nonnative turf grass, rodents, vermin or other pests which are detrimental to the public health. Section 4. This section amends the nuisance code to add clarifying language that identifies that permaculture is not a nuisance. Sec. 18-31. – Nuisances affecting health, safety, comfort or repose. The following are hereby declared to be public nuisances affecting health, safety, comfort or repose: (8) All noxious weeds. Noxious weeds shall be as defined by the state department of agriculture. Tall nonnative turf grasses and other rank growths that are adversely affecting the public health, safety, welfare, comfort or repose shall also be considered a public nuisance. Wetlands and public open space such as parks, nature center or county open space, are exempted from the tall nonnative turf grass part of this subsection. The noxious weed requirements shall apply. Seconded by Councilmember Abrams Ayes – All The motion passed. Mayor Slawik moved to approve the Urban Farms ordinance. Ordinance 984 An Ordinance Allowing Urban Farms Section 1. This section amends the Maplewood Zoning Code to define urban farms. Sec. 44-6. – Definitions. Urban farms means large-scale gardening in an urban environment for training or production. June 11, 2018 25 City Council Meeting Minutes Section 2. This section amends the Conditional Use Permit ordinance to allow urban farms with a conditional use permit in any zoning district. Sec. 44-1092. – Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district in which they are not specifically prohibited: (9) Urban Farms Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Juenemann moved to approve the Direct to Consumer Sales ordinance. Ordinance 985 An Ordinance Allowing Direct to Consumer Sales in all Commercial Zoning Districts Section 1. This section amends the Maplewood Zoning Code to define direct to consumer sales and exterior sale of goods. Sec. 44-6. – Definitions. Direct to consumer sales means the sale of agricultural products or prepared foods directly from farmers or venders to consumers including, but not limited to, community supported agriculture, farm stands, farmer’s markets. Exterior sale of goods means the exterior storage, display, sale, or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard, and direct to consumer sales. Section 2. This section amends the Maplewood Zoning Code to allow direct to consumer sales in the Neighborhood Commercial zoning district as an accessory use. Sec. 44-428. – Accessory uses. (3) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28, article II. Section 3. This section amends the Maplewood Zoning Code to allow direct to consumer sales in the Commercial Office zoning district. Sec. 44-472. – Permitted uses. (7) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28, article II. June 11, 2018 26 City Council Meeting Minutes Section 4. This section amends the Maplewood Zoning Code to allow direct to consumer sales in the Business Commercial zoning district. Sec. 44-511. – Permitted uses. The city shall only permit the following uses in a BC business commercial district: (19) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28, article II. Section 5. This section amends the Maplewood Zoning Code to allow direct to consumer sales in the Limited Business Commercial zoning district. Sec. 44-536. – Permitted uses. (c) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28, article II. Section 6. This section amends the Maplewood Zoning Code to allow direct to consumer sales in the Business Commercial Modified zoning district. Sec. 44-557. – Permitted uses. (11) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28, article II. Sec. 44-559. - Prohibited uses. Prohibited uses in the BC(M) business commercial district (modified) are as follows: (3) The exterior storage, display, sale, or distribution of equipment, goods, or materials, except direct to consumer sales. Section 7. This section amends the Maplewood Zoning Code to allow direct to consumer sales in the Shopping Center zoning district. Sec. 44-596. – Permitted uses. (13) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28, article II. Section 8. This section amends the Maplewood Zoning Code to allow direct to consumer sales in the Mixed Use zoning district. Sec. 44-680. - Uses. Type of Uses Permitted (P) June 11, 2018 27 City Council Meeting Minutes Conditional Use Permit (CUP) Prohibited (P) Exterior storage, display, sale or distribution of goods or materials. P* Direct to consumer sales, up to four (4) months per year. P *Pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28, article II. Seconded by Councilmember Abrams Ayes – All The motion passed. K. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:09 p.m. June 11, 2018 28 City Council Meeting Minutes