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HomeMy WebLinkAbout2023-03-13 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 13, 2023 City Hall, Council Chambers Meeting No. 05-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. February 27, 2023 City Council Workshop Meeting Minutes 2. February 27, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 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. Ordinance Repealing the Housing and Economic Development Commission 3. Ramsey County Public Works to Perform 2023 Street Striping 4. Bituminous Material Purchases for 2023 Season 5. Resolution for a Lawful Gambling Premises Permit for White Bear Lake Lions Club at Johnny Kitchen & Bar Inc., 1900 County Road D E #135 6. Resolution to Accept Assistance to Firefighters Grant 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 Ordering Improvement for the Myrtle-Sterling Area Street Improvements, City Project 22-16 (4 Votes) 2. Resolution Ordering Improvement for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17 (4 Votes) J.NEW BUSINESS 1. Conditional Use Permit Amendment Resolution, InTech, Inc., 1055 Gervais Avenue East 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 3. Renewable Energy Ordinance a. Ordinance Amending City Code Chapter 18, Article V of the Maplewood City Code Pertaining to Renewable Energy 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 MANAGER WORKSHOP 6:15P.M. Monday,February 27, 2023 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at6:15 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberAbsent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberAbsent C.APPROVAL OF AGENDA CouncilmemberLeemoved toapprove the agenda as submitted. Seconded by CouncilmemberJuenemannAyes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Fire/EMS Study and Staffing Plan Update Fire & EMS Chief Mondor gave the presentation and answered questions of council. No Action Required. F.ADJOURNMENT Mayor Abramsadjourned the meetingat6:46p.m. February 27, 2023 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 146 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 27, 2023 City Hall, Council Chambers Meeting No. 04-23 A.CALL TO ORDER A meeting of the City Council was held in the City HallCouncil Chambersand was called to order at7:00p.m. byMayor Abrams. th Mayor Abrams wished Maplewood a happy 66birthday, provided some history about the city, and encouraged residents to visit the Maplewood Area Historical Society website. B.PLEDGE OFALLEGIANCE Max Givand led the council in the pledge of allegiance. C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberAbsent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberAbsent D.APPROVAL OF AGENDA Mayor Abrams requested agenda item F5 be heard after agenda item F2. The following items were added to Council Presentations: Dispatch Policy Public Safety Annual Report Planning Commission League of MN Cities CouncilmemberJuenemannmoved to approve the agenda as amended. Seconded by CouncilmemberLee Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.February 13, 2023 City CouncilMeeting Minutes Agenda item J1 was corrected to read “Gary Lenart, Administrator”. CouncilmemberLeemoved to approve the February 13, 2023 City CouncilMeetingMinutes asamended. February 27, 2023 City Council Meeting Minutes 1 Council Packet Page Number 2 of 146 E2 Seconded by CouncilmemberJuenemannAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update Assistant City Manager/HR Director Darrowgave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations Dispatch Policy Councilmember Juenemannspoke of attending the Ramsey County Dispatch Policy Committee meeting that covered appropriate response initiatives and future changes with public safety dispatch policies. Public Safety Annual Report Mayor Abrams highlighted the Public Safety Annual Report that will be posted on the city website. Planning Commission Councilmember Lee attended Planning Commission and Community Design Review Board meetings and gave updates. League of MN Cities Councilmember Lee reported on attending League of MN Cities training for newly elected officials. 3.Swearing-In Ceremony for Six Police Officers Public Safety Director Bierdeman addressed the council and introduced officersJamie Green, Scott Rethwill, Thang Johnny Yang, Jon Givand, Steven Clayton, & Ole Mark. City Clerk Sindt administered the oath before the pinning of their badges. No action required. 4.Strategic Plan Update for Fourth Quarter 2022 Administrative Services & Performance Measurement Coordinator Knutsongave the presentation. CouncilmemberLeemoved to accept the Strategic Plan Report for Fourth Quarter of 2022. Seconded by Councilmember JuenemannAyes – All February 27, 2023 City Council Meeting Minutes 2 Council Packet Page Number 3 of 146 E2 The motion passed. 5.Resolution of Appreciation for MAC Member Steve Langdon Public Safety Director Bierdeman gave the staff report. Steve Langdon shared gratitude to the city. Councilmember Lee read the resolution. annmoved to approve the Resolution of Appreciation for Steve CouncilmemberJuenem Langdon. Resolution 23-02-2177 RESOLUTION OF APPRECIATION WHEREAS, Steve Langdon has been a member of the Maplewood Police Department’s “Use of Force Workgroup”, Police Advisory Commission, and Multicultural Advisory Committee for six years, serving from July 2016 to February 2023; and WHEREAS, the Multicultural Advisory Committee, the Maplewood Police Department, and the City Council appreciate his experience, insights, and good judgment; and WHEREAS, Mr. Langdon has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Langdon has shown dedication to his duties and has consistently contributed his leadership and efforts for the benefits of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Steve Langdon is hereby extended our gratitude and appreciation for his dedicated service Seconded by CouncilmemberLee Ayes – All The motion passed. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda items G7 & G9 were highlighted. CouncilmemberJuenemannmoved toapprove agenda items G1-G9. Seconded by CouncilmemberLee Ayes – All The motion passed. 1.Approval of Claims annmoved to approve the approval of claims. CouncilmemberJuenem February 27, 2023 City Council Meeting Minutes 3 Council Packet Page Number 4 of 146 E2 ACCOUNTS PAYABLE: $ 183,170.98 Checks # 110430 thru # 110457 dated 2/13/23 $ 1,561,725.75 Checks # 110458 thru # 110501 dated 2/21/23 $ 716,875.58 Disbursements via debits to checking account dated 02/06/23 thru 02/19/23 $ 2,461,772.31 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 616,137.99 2/17/23 $ 616,137.99 Total Payroll $ 3,077,910.30 GRAND TOTAL Seconded by CouncilmemberLeeAyes – All The motion passed. 2.Resolution Approving 2023 Pay Rates for Temporary/Seasonal and Casual Part- Time Employees CouncilmemberJuenemannmoved to approve the resolution for temporary/seasonal and casual part-time pay rates effective January 1, 2023. Resolution 23-02-2178 2023 PAY RATES RESOLUTION TEMPORARY/SEASONAL & CASUAL P/T EMPLOYEES WHEREAS, according to the Minnesota Public Employees Labor Relations act, part- time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time employees effective January 1, 2023 upon Council approval. Accountant$15.00 - 30.00per hour Accounting Technician$14.00 - 22.00per hour Administrative Assistant$15.00 - 23.00per hour Background Investigator$25.00 - 40.00per hour February 27, 2023 City Council Meeting Minutes 4 Council Packet Page Number 5 of 146 E2 Building Inspector$14.00 - 35.00per hour CSO$14.50 - 19.50per hour Election Judge$15.00 - 25.00per hour Fire Maintenance Engineer$14.00 - 18.00per hour Fire/EMS Cadet$14.50 - 19.50per hour Gardener$15.00 - 25.00per hour Intern$15.00 - 25.00per hour IT Technician$15.00 - 20.00per hour Laborer $15.00 - 20.00per hour Office Specialist$12.00 - 18.00per hour Receptionist$12.00 - 16.00per hour Recreation Worker$13.00 - 30.00per hour BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions setting pay rates for these pay classifications; and, BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges Seconded by CouncilmemberLee Ayes – All The motion passed. 3.2023 Master Group Contract for Medica Insurance Company CouncilmemberJuenemannmoved to approve the 2023 Master Group Contract for Medica Insurance Company. Seconded by CouncilmemberLee Ayes – All The motion passed. 4.Conditional Use Permit Review, Used Auto Sales, 1955 County Road D East annmoved to approve the CUP review for used auto sales on the CouncilmemberJuenem property located at 1955 County Road D East and review again in one year. Seconded by CouncilmemberLee Ayes – All The motion passed. 5.Conditional Use Permit Review, Ridge Periodontics, 3033 Hazelwood Street North CouncilmemberJuenemannmoved to approve the CUP review for Ridge Periodontics, located at 3033 Hazelwood Street North, and review again in one year. Seconded by CouncilmemberLee Ayes – All The motion passed. February 27, 2023 City Council Meeting Minutes 5 Council Packet Page Number 6 of 146 E2 6.Conditional Use Permit Review, Erskine Wood Floors, 2728 Geranium Avenue East annmoved to approve the CUP review for Erskine Wood Floors, CouncilmemberJuenem located at 2728 Geranium Avenue East, and review again in one year. Seconded by CouncilmemberLee Ayes – All The motion passed. 7.Resolution Approving Land Exchange Agreement with Beacon Interfaith Housing CouncilmemberJuenemannmoved to approve the resolution authorizing execution of the Land Exchange Agreement with Beacon Interfaith Housing Collaborative and the Philippine Center of Minnesota for the exchange of surface lots located at 1900 Clarence Street North and the lot adjacent to 1375 Frost Avenue East. Resolution 23-02-2179 RESOLUTION APPROVING LAND EXCHANGE AGREEMENT WHEREAS, the City of Maplewood (the “City”) is the owner of certain real property located at 1900 Clarence Avenue in Maplewood, Minnesota (the “CityProperty”); and WHEREAS, The Philippine Center of Minnesota (the “Center”) is the owner of certain real property located at the northeast quadrant of Frost Avenue and Clarence Street in Maplewood, Minnesota (the “Center Property”); and WHEREAS, the City, the Center and Beacon Acquisition, LLC (“Beacon”) have negotiated a land exchange agreement (the “Land Exchange Agreement”) regarding the exchange of the City Property and the Center Property; and WHEREAS, the Land Exchange Agreement is in furtherance of the Purchase Agreement between the City and Beacon regarding the sale and development of the property at 1375 Frost Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA AS FOLLOWS: 1.The recitals set forth herein are incorporated into and made a part hereof. 2.The Land Exchange Agreement is hereby approved and the Mayor and City Manager are authorized and directed to execute said Agreement on behalf of the City. 3.The Mayor and the City Manager, staff, and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent hereof. Seconded by CouncilmemberLee Ayes – All The motion passed. February 27, 2023 City Council Meeting Minutes 6 Council Packet Page Number 7 of 146 E2 8.Resolution Directing Final Payment and Acceptance of Project, Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08 annmoved to approve the resolution Directing Final Payment and CouncilmemberJuenem Acceptance of Project for the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08. Resolution 23-02-2180 RESOLUTIONDIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT MONTANA-NEBRASKA AREA PAVEMENT REHABILITATION, CITY PROJECT 20-08 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 20-08 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $1,504,511.03. Final payment to T.A. Schifsky and Sons, Inc. and the release of any retainage or escrow is hereby authorized. Seconded by CouncilmemberLeeAyes – All The motion passed. 9.Massage Center License for Shun Kang Massage, LLC, 1700 Rice St N CouncilmemberJuenemannmoved to approve the Massage Center license for Shun Kang Massage LLC, located at 1700 Rice St N. Seconded by CouncilmemberLee Ayes – All 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. Mayor Abrams announced that due to the absence of 2 councilmembers, and the requirement of 4 votes, the resolutionvotes are unable to take place. The public hearing will still take place and the votingwill be held at the next council meeting, March 13, 2023. February 27, 2023 City Council Meeting Minutes 7 Council Packet Page Number 8 of 146 E2 1.Myrtle-Sterling Area Street Improvements, City Project 22-16 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) Public Works Director Love introduced the item. Assistant City Engineer Jarosch gave the presentation. Mayor Abrams openedthepublic hearing. The following people spoke: Jeff Koesling – 1757 Myrtle Street Duane Hess – 2331 Kingston Avenue Mayor Abrams closed the public hearing. Staff answered questions. Council discussed topics raised during the public hearing. No further action taken. 2.Woodlynn-Southlawn Area Street Improvements, City Project 22-17 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) Public Works Director Love introduced the item. Assistant City Engineer Jarosch gave the presentation Mayor Abrams opened the public hearing. The following people spoke: Justin Konen – 1861 RadatzAvenue Hli Xyooj – 2764 Southlawn Drive Nora Germain – 1851 RadatzAvenue Eric Zenk – 1905 RadatzAvenue Chuck Regal – 2206 WoodlynnAvenue Pat Flaherty – 3100 Ariel Street Mayor Abrams closed the publichearing. Staff answered questions. Council discussed topics raised during the public hearing. No further action taken. I.UNFINISHED BUSINESS None J.NEW BUSINESS None K.AWARD OF BIDS 1.Resolution Receiving Bids and Awarding Construction Contract, Goodrich Park Improvements Parks & Natural Resources Manager Robbins gave the staff report. February 27, 2023 City Council Meeting Minutes 8 Council Packet Page Number 9 of 146 E2 CouncilmemberJuenemannmoved to approve the resolution receiving bids and awarding a construction contract to Sunram Construction Inc. for the Goodrich Park Improvements. Resolution 23-02-2181 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT rd WHEREAS, pursuant to resolution passed by the City Council on January 23, 2023, approving plans and specifications and advertising for bids for Goodrich Park Improvements, and WHEREAS, the plans and specifications were advertised for bids, and th WHEREAS, bids were received and opened on February 14, 2023 at 1:00PM NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the base bid from Sunram Construction Inc. in the amount of $406,875.00 is the lowest responsible bid for the construction of Goodrich Park Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract for the base bid only 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. Seconded by CouncilmemberLeeAyes – All The motion passed. L.ADJOURNMENT Mayor Abramsadjourned the meeting at9:01 p.m. February 27, 2023 City Council Meeting Minutes 9 Council Packet Page Number 10 of 146 F1a CITY COUNCIL STAFF REPORT Meeting Date March 13, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: Motion Discussion 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: TBD: EDA Meeting: Discussion of TIF Plan and Development Agreement for Enclave/Myth Project March 22 (6 Î 8 pm) Final Purple Line Engagement Meeting May 18 (all day) City Council / Staff Retreat Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1. Appoint Council Member Lee to Century Avenue Coalition 2. Review/Evaluation of Snow Removal Policy Council Schedule for Maplewood Living through September 2023: Issue ContributorDue Date Villavicencio March 16, 2023 April 2023 Lee April 14, 2023 May 2023 Abrams May 17, 2023 June 2023 Juenemann June 15, 2022 July 2023 Cave July 17, 2023 August 2023 Villavicencio August 17, 2023 September 2023 . Council Packet Page Number 11 of 146 F1a 2023 Major Community Outreach Events City of Maplewood Easter Egg Hunt th Saturday April 8 2023 (09:00-11:30) Edgerton Community Gym Rice and Larpenteur Spring Clean-up No Date or Time set yet Rice and Larpenteur City of Maplewood Spring Clean-up nd Saturday April 22 2023 (08:00-13:00) Aldrich Arena (starting time is the busiest time) Fire Department Bike Rodeo th Tuesday May 9 2023 (evening Hours) North Fire Station Cop on a Rooftop (Special Olympics Fundraiser) th Friday May 192023 (early morning Hours) Dunkin Donuts (Co Rd D and Hwy 61) th Light it Up Maplewood (4 of July event) th Tuesday July 4 2023 (16:00-23:00) Hazelwood Park Council Packet Page Number 12 of 146 G1 Council Packet Page Number 13 of 146 G1, Attachments Council Packet Page Number 14 of 146 G1, Attachments Council Packet Page Number 15 of 146 G1, Attachments Council Packet Page Number 16 of 146 G1, Attachments Council Packet Page Number 17 of 146 G1, Attachments Council Packet Page Number 18 of 146 G1, Attachments Council Packet Page Number 19 of 146 G1, Attachments Council Packet Page Number 20 of 146 G1, Attachments Council Packet Page Number 21 of 146 G1, Attachments Council Packet Page Number 22 of 146 G1, Attachments Council Packet Page Number 23 of 146 G2 CITY COUNCILSTAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director Danette Parr, Community Development Director PRESENTER:MelindaColeman, City Manager Ordinance Repealing the Housing and Economic Development AGENDA ITEM: Commission Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council shall consider approving an ordinance repealing the Housing and Economic Development Commission. Recommended Action: A motion to approve the ordinance repealing the Housing and Economic Development Commission. Fiscal Impact: Is There a Fiscal Impact? No Yes, 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 Communication Operational EffectivenessTargeted Redevelopment The City Council values the time and expertise of the members of the city’s boards and commissions. It also wants to ensure that each group has meaningful work to assist the city in meeting the goals of Maplewood’s strategic plan. Background: The HEDC began meeting as a commission in 2013 after the Housing and Redevelopment Authority (HRA) and Business and Economic Development Commission (BEDC) were combined to form a single group. The HRA was originally created in 1974, and the redevelopment statutory powers of this group were transferred initially to the HEDC in 2013. The BEDC was created in 2010 with a focus on business issues in the city. The two groups were combined in 2013 to improve the efficiency of time spent by commission volunteers and staff in attending meetings, and there was not enough work to sustain both groups. Council Packet Page Number 24 of 146 G2 In 2019, the City Council decided to revamp the city’s economic development authority and adopted a modified enabling resolution that conferred the full range of economic development and redevelopment powers on a single entity, renamed the Maplewood Economic Development Authority (EDA). This action removed the statutory development powers the HEDC had before this point. Since 2019, the City Council – which acts and serves as the EDA – has taken a more proactive approach to economic development matters. This work has involved more complex financial and real estate transactions that are more appropriate to be reviewed by the City Council/EDA instead of the volunteer-based HEDC. Over the last four years, the HEDC has struggled with maintaining full membership in the group and having agendas leading to meaningful work. The economic projects the city has been working on often require more nimble reviews that the EDA is better set up to provide. Moving Forward If the City Council accepts the staff’s recommendation to repeal the ordinance that establishes the HEDC, the EDA will be responsible for items related to economic development. The City Council/EDA will still rely on the Planning Commission, Community Design Review Board, and Environmental and Natural Resources Commission to review EDA projects’ aspects related to land use, design, or environmental concerns. Attachments: 1. Ordinance Repealing the Housing and Economic Development Commission Council Packet Page Number 25 of 146 G2, Attachment 1 ORDINANCE NO. ________ AN ORDINANCE REPEALING CHAPTER 2, ARTICLE IV, DIVISION 9 OF THE CITY CODE REGARDING THE MAPLEWOOD HOUSING AND ECONOMIC DEVELOPMENT COMMISSION THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: SECTION I. Chapter 2, Article IV, Division 9 of the city code is amended by repealing Secs. 2-335 through 2-345 in full and renumbering the remaining sections as follows: (deleted text crossed out, additions underlined) DIVISION 9. – THE MAPLEWOOD HOUSING AND ECONOMIC DEVELOPMENT COMMISSION (HEDC) Reserved. Sec. 2-335. Definitions. Common terms. As used in this division, the terms defined have the meanings given them. Commission means the housing and economic development commission or HEDC. City means the City of Maplewood, Minnesota. City council means the duly elected governing body of the City of Maplewood, Minnesota. Small business means a business whose principal place of operation is in the City of Maplewood and employs 30 people or less and is not a subsidiary of a larger entity or a corporate-owned franchise location. (Ord. No. 927, § 1, 12-10-2012; Ord. No. 1004, § II, 7-22-2019) Sec. 2-336. Reserved. Editor's note(s)—Ord. No. 1004, § II, adopted July 22, 2019, repealed § 2-336, which pertained to establishment and derived from Ord. No. 927, § 1, adopted Dec. 10, 2012. Sec. 2-337. Purpose. It shall be the role and responsibility of the commission to discuss and make recommendations to the economic development authority regarding economic and industrial development and redevelopment within the city pursuant to bylaws as may be adopted by the commission. It shall confer with other city departments, the economic development authority, the local chamber of commerce, the Maplewood Parks Commission, and other public and private groups on matters relating to business and industrial development and periodically survey the area's industrial and commercial climate and report regularly to the economic development authority, the city council, or both as directed. It shall also be the purpose of the commission to advise and make recommendations to the city council on housing matters regarding policy issues, development, redevelopment and housing maintenance. The commission's purpose is to also promote and guide the city council and city staff to develop, improve and retain housing stock in Maplewood that is Council Packet Page Number 26 of 146 G2, Attachment 1 safe, healthy, meets the housing needs of the residents and maintains value of quality housing throughout the city. (Ord. No. 927, § 1, 12-10-2012; Ord. No. 1004, § II, 7-22-2019) Sec. 2-338. Name. The entity shall be known as the Maplewood Housing and Economic Development Commission or HEDC. (Ord. No. 927, § 1, 12-10-2012; Ord. No. 1004, § II, 7-22-2019) Sec. 2-339. Members. The commission shall consist of seven members, three of which shall be representative of "small business," if available to serve, in Maplewood. The members shall be appointed by the mayor and city council, upon approval by majority vote of the same. Those initially appointed shall be appointed for staggered terms consisting of two members appointed to one-year terms; two members appointed to two-year terms; and three members appointed to three-year terms, respectively, with a "small business" representative appointed in each of the initial term time frames. Thereafter, members are appointed to three-year terms. Members may be reimbursed for expenses pursuant to city reimbursement policies. The city council shall also appoint persons to the commission with backgrounds in housing, with knowledge in securing and maintaining quality housing stock in the city. (Ord. No. 927, § 1, 12-10-2012; Ord. No. 1004, § II, 7-22-2019) Sec. 2-340. Administration. Bylaws. The commission shall adopt bylaws and rules of procedure for administration of its affairs. Chair. The commission shall elect a chair, and a vice-chair on an annual basis. Meetings. The commission shall meet quarterly and at such other times as necessary. Rules. The commission shall adopt such rules and guidelines as they deem appropriate, but shall operate in accordance with Maplewood's Commission Handbook as adopted and amended from time to time. No rules shall be adopted by the commission that are in conflict with the city's official commission handbook and in the event of any conflict or question, the handbook shall prevail. (Ord. No. 927, § 1, 12-10-2012; Ord. No. 1004, § II, 7-22-2019) Sec. 2-341. Reserved. Editor's note(s)—Ord. No. 1004, § II, adopted July 22, 2019, repealed § 2-341, which pertained to modification and derived from Ord. No. 927, § 1, adopted Dec. 10, 2012. Sec. 2-342. Report to council. The commission shall submit a written report of its activities to the council at least annually. Council Packet Page Number 27 of 146 G2, Attachment 1 (Ord. No. 927, § 1, 12-10-2012; Ord. No. 1004, § II, 7-22-2019) Sec. 2-343. Director. The city's manager, or designee, shall attend all meetings of the commission, shall serve as a consultant and advisor to the commission and shall make quarterly reports to the council. (Ord. No. 927, § 1, 12-10-2012; Ord. No. 1004, § II, 7-22-2019) Sec. 2-344. Reserved. Editor's note(s)—Ord. No. 1004, § II, adopted July 22, 2019, repealed § 2-344, which pertained to conflicts of interest and derived from Ord. No. 927, § 1, adopted Dec. 10, 2012. Sec. 2-345. Intent to comply. Except as otherwise authorized by Minnesota Statutes, it is the intent of the City Council of Maplewood to create the housing and economic development commission as a "standing" body of the city that shall be subject to the rules, regulations, restrictions and requirements as defined in both the Open Meeting Law, § 13D.01, et seq., and the Minnesota Government Data Practices Act, § 13.01, et seq. (Ord. No. 927, § 1, 12-10-2012; Ord. No. 1004, § II, 7-22-2019) Secs. 2-335 – 2-345. Reserved. SECTION II. This Ordinance shall be effective upon its adoption and publication. Approved by the City Council of the City of Maplewood, Minnesota, on this 13th day of March 2023. ___________________ Marylee Abrams, Mayor Attest: _____________________ Andrea Sindt, City Clerk Council Packet Page Number 28 of 146 G3 CITY COUNCILSTAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Superintendent PRESENTER: Steven Love AGENDA ITEM: Ramsey County Public Works to Perform 2023 Street Striping Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: City Council will consider authorizing Ramsey County Public Works to perform pavement striping for the City of Maplewood. Recommended Action: Motion to authorize Ramsey County Public Works to perform City pavement striping needs, in an amount estimated at $30,000. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $30,000.00 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 Pavement striping of City maintained streets is essential to the safety of vehicular and pedestrian traffic. Background: An allocation is made in the Public Works operating budget each year for the purchase of street striping services. It is anticipated that the cost for striping services will be $30,000 in 2023. Maplewood has received Ramsey County’s annual notification for 2023 street striping request. Each year staff evaluates existing striping conditions, any upcoming projects, and all planned maintenance operations. Typically, 50% of the striping throughout the City is repainted by the County each year. Staff recommends to do the same for 2023. Attachments: None Council Packet Page Number 29 of 146 G4 CITY COUNCILSTAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Superintendent PRESENTER:Steven Love AGENDA ITEM: Bituminous Material Purchases for 2023 Season Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council will consider authorizing the purchase of bituminous materials for the 2023 maintenance season. Recommended Action: Motion to authorize the Street Superintendent to purchase bituminous materials in an amount up to $85,000 for the 2023 street maintenance season. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $85,000.00 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 Maplewood streets are a vital part of the City’s infrastructure and the condition of these streets have a direct impact on quality of life for residents and businesses. City staff utilize the bituminous materials for pothole, curb, and shoulder repairs. Background: An allocation is made in the Public Works operating budget each year for the purchase of bituminous materials in order to maintain roads through patching, spot paving, shouldering, and bituminous curb repairs. It is anticipated that the cost for the bituminous purchases will be $85,000 for the 2023 maintenance season. Council Packet Page Number 30 of 146 G4 The proposed supplier of the bituminous materials is T.A. Schifsky and Sons due to their nearby location in North St. Paul and their competitive pricing. The second closest asphalt plant is owned by the City of St. Paul, requiring an approximate 60 minute round trip. By adding the extra travel time per load, the City’s bituminous maintenance operations would be much less effective. Attachments: None. Council Packet Page Number 31 of 146 G5 CITY COUNCILSTAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Resolution for a Lawful Gambling Premises Permit for White Bear Lake Lions Club at Johnny Kitchen & Bar Inc., 1900 County Road D E #135 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request for a Lawful Gambling Premises permit has been submitted by White Bear Lake Lions Club. Approval of the request would allow lawful gambling activity (pull-tabs, bar bingo, tip-boards and paddlewheel) to be conducted at Johnny Kitchen & Bar Inc., 1900 County Road D E #135, on an ongoing basis. Recommended Action: Motion to approve the resolution for a lawful gambling premises permit for White Bear Lake Lions Club to conduct gambling activities at Johnny Kitchen & Bar Inc., 1900 County Road D E #135. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Approval and issuance of a Premises permit is done by the Minnesota Gambling Control Board; however, before the Board will review an application, Council approval of the activity is required per MN §349.213 subd. 2. Background: The White Bear Lake Lions Club is a service-orientated organization and was established in 1945. The organization currently conducts lawful gambling at Acapulco Mexican Restaurant, 3069 White Bear Avenue and also 2 locations in White Bear Lake. Council Packet Page Number 32 of 146 G5 The premise approval for Acapulco was granted in December 2022 and thus the background investigation on the organization’s designated gambling manager James Francis was still current for this request. Attachments: 1. Resolution for a Lawful Gambling Premises Permit Council Packet Page Number 33 of 146 G5, Attachment 1 RESOLUTION ______ LAWFUL GAMBLING PREMISES PERMIT FOR WHITE BEAR LAKE LIONS CLUB AT JOHNNY KITCHEN & BAR INC. WHEREAS, White Bear Lake Lions Club has submitted an application to the City of Maplewood requesting City approval of a Lawful Gambling Premises permit application, to be used at Johnny Kitchen & Bar Inc., 1900 County Road D E #135, Maplewood, MN; WHEREAS, local approval is required prior to the Gambling Control Board’s issuance of a premises permit; BE IT HEREBY RESOLVED, by the City Council of Maplewood, MN, that the premises permit for lawful gambling is approved for White Bear Lake Lions Club to conduct gambling activities at Johnny Kitchen & Bar Inc., 1900 County Road D E #135, Maplewood, MN. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Board approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, MN, be forwarded to the Gambling Control Board for their approval. Council Packet Page Number 34 of 146 G6 CITY COUNCILSTAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Brad Davison, Administrative Captain PRESENTER: Michael Mondor, Fire and EMS Chief AGENDA ITEM: Resolution to Accept Assistance to Firefighters Grant Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: City Council approval is required for the Maplewood Fire Department to accept the Assistance to Firefighter’s Grant. Recommended Action: Motion to approve the resolution accepting the Assistance to Firefighters Grant. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $4,290.91 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 City Council approval is required to accept the grant. Background Self-Contained Breathing Apparatus (SCBA) are worn by firefighters to protect the lungs and face during emergency calls that present an Immediate Danger to Life and Health (IDLH) environments. This SCBA contains a high pressure cylinder of compressed air that the firefighters breathe, allowing them to work in hazardous environments. Once an SCBA cylinder is used by a firefighter it must be refilled with clean breathable air. The Maplewood Fire Department has historically had one of these fill stations at our new North Fire Station, and firefighters would transport a mobile air truck and SCBAs from our South Fire Station to be refilled. Having an SCBA compressor fill station at our South Fire Station would improve operational effectiveness by more efficiently returning these SCBAs to a ready state. Council Packet Page Number 35 of 146 G6 Staff applied for, and have been awarded with, a grant from the Federal Emergency Management Agency (FEMA). The Assistance to Firefighter’s Grant will fund the purchase of a SCBA compressor and SCBA fill station for the South Fire Station. The value of this grant is $42,490.09. There is a 10 percent cost match of $4,290.91, the cost match will be paid out of the fire department’s operating budget. Attachments 1. Resolution Council Packet Page Number 36 of 146 G6, Attachment 1 RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A GRANT TO THE MAPLEWOOD FIRE DEPARTMENT WHEREAS, the Federal Emergency Management Agency has presented to the Maplewood Fire Department a grant for an estimated amount of $42,909.09; and WHEREAS, this grant is intended for the purpose to benefit the Department; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1. The grant is accepted and acknowledged with gratitude; and 2. The grant will be appropriated for the Fire Department as designated. Approved by the Maplewood City Council this 13th day of March, 2023. Council Packet Page Number 37 of 146 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 38 of 146 I1 CITY COUNCILSTAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Resolution Ordering Improvement for the Myrtle-Sterling Area Street Improvements, City Project 22-16(4 votes) Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Public Hearing for this project was held on February 27, 2023. A super majority vote (minimum of four votes) is required to order the project. Due to the council attendance level at the February 27, 2023 meeting, the vote on ordering the improvements will take place on the March 13, 2023 City Council meeting. The City Council will consider ordering the improvements. Recommended Action: Motion to approve the attached Resolution Ordering the Improvement for the Myrtle-Sterling Area Street improvements, City Project 22-16 (4 affirmative votes are required to approve this resolution). Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $5,391,700 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: The proposed funding plan includes a combination of the Environmental Utility Fund, G.O. Improvements Bonds, Sanitary Sewer Fund, Special Benefit Assessment, St. Paul Regional Water, W.A.C. Fund. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The Myrtle-Sterling neighborhood streets are an important part of the City’s infrastructure, serving as a connection to local properties and the Justice Alan Page School. The streets included in this project have deteriorated beyond the point of regular annual maintenance and are in need of replacement. Council Packet Page Number 39 of 146 I1 Background: The following information was included in the previous agenda report for the public hearing. It is included again for reference. The Feasibility Study for the Myrtle-Sterling Area Street Improvements, City Project 22-16, is complete and available in the office of the City Engineer. The study includes information on the existing site conditions, proposed improvements, anticipated schedule, costs, financing and recommendations. The streets included in the Myrtle-Sterling project total approximately 1.50 miles in length and have an average Pavement Condition Index (PCI) rating of 35/100. The PCI rating is based on a visual survey of the pavement and is a number between 0 and 100, with 0 being the worst possible pavement condition and 100 being the best possible pavement condition (i.e. a new road). The project area is generally bounded by Holloway Avenue to the north, McKnight Road to the west, Montana Avenue to the south, and Century Avenue to the east. This project is a part of the 2023 – 2027 Maplewood Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2023. The existing street pavement and aging utility infrastructure on the project streets present an ongoing maintenance problem for the City of Maplewood Street and Utility Departments. Of the infrastructure elements the City maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing, filling potholes, and maintaining the aging utility infrastructure. The condition of the existing street also represents a decreased level of service for the residents of Maplewood, with the City receiving complaints from area residents about substandard street conditions. This project would include the following improvements: Pavement rehabilitation of the following streets to include the full depth reclamation (FDR) of existing pavement and underlying aggregate base, full replacement of the existing bituminous pavement, spot replacement of concrete curb and gutter and subgrade corrections as necessary. o Idaho Avenue (west of Sterling Street) o Kingston Avenue o Knoll Circle o Lakewood Drive (south of Ripley Avenue) o Mary Street o Myrtle Street (south of Ripley Avenue) o Ripley Avenue Full reconstruction of the following streets which includes the removal of existing pavement and underlying aggregate base, extensive soil subgrade corrections, major utility improvements, water quality improvements and construction of new concrete curb and gutter. o Idaho Avenue (east of Sterling Street) o Lakewood Drive (north of Ripley Avenue) o Myrtle Street (north of Ripley Avenue) o Sterling Street (South of Larpenteur Avenue) Saw & seal of control joints for the new bituminous pavement. Council Packet Page Number 40 of 146 I1 Removal and replacement of outdated pedestrian features on project streets and the installation of a new sidewalk on the east side of Lakewood Drive from Holloway Avenue to Ripley Avenue. Replacement of outdated sanitary and storm sewer castings and structures. Addition of new storm sewer systems on select streets. Restoration of driveways along with turf and landscape features impacted by the project. Fog seal of past project neighborhood streets. In 2022, the City of Maplewood Sanitary Sewer Department performed televising and manhole inspections of the sewer system within the project streets. Based on the results of the reports, staff are recommending some minor repairs to the existing system. Saint Paul Regional Water Services (SPRWS) has identified approximately 2,000-feet of cast iron water main which needs to be removed and replaced as a part of the project. The water main work would be done under the project contract, with the costs associated with this work being reimbursed to the City by SPRWS. Some project streets lack an adequate storm sewer system, while others have an effective system currently in place. Depending on the project street, installation of new storm sewer piping and structures may be needed. On streets with new storm sewer systems proposed, water quality and rate control improvements will be implemented where possible. Neighborhood Correspondence On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Myrtle-Sterling Area Street Improvement project. On August 9, 2022, a letter was mailed to the residents to provide information on the Council’s action and to notify them about preliminary engineering activities would begin during the fall of 2022. Staff mailed informational packets to impacted residents on November 30, 2022. The packet informs project residents about a number of topics including street construction frequently asked questions (FAQ), an informational assessment handout, and an invite to neighborhood meeting #1. The first informational neighborhood meeting was held virtually on December 5, 2022. Staff mailed out the invitation to 148 property owners affected by the construction project with approximately 16 attending the meeting. The meeting included a presentation followed by a question and answer session. Items discussed at this meeting included the public improvement process, construction process, existing conditions, proposed improvements, assessment information, and an estimated project timeline. The majority of the conversation revolved around property access during construction, current pavement conditions, the general construction process, proposed improvements, drainage concerns, sidewalks, speeding concerns, roadway widths and assessments. The majority of residents in attendance were generally in favor of the project. Following the meeting, staff posted the meeting minutes and the presentation slide deck on the project website for residents to view. Staff along with the City’s consultant, Bolton & Menk, Inc. have created an easy to use online mapping tool for residents to provide direct input on the project. On December 29, 2022, residents Council Packet Page Number 41 of 146 I1 were mailed an informational letter on how to access and use the InputID tool, which is located on the project website. The system is ‘social-media like’, with the ability to add comments on the map and the ability to like or dislike comments. Staff have received many questions and comments about the project on this online tool and have received good feedback from area residents. The second informational neighborhood meeting was held virtually on February 10, 2023. The meeting's format was the same as the first. It included an update from the first meeting and a chance for residents to ask questions ahead of the upcoming public hearing. Additional neighborhood meetings and stakeholder correspondence are planned throughout the public improvement process to continue conversations with area residents and to ensure that everyone affected by the potential project is well informed and has had multiple chances to provide input. Assessments An independent appraisal firm has been hired to provide an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to determine the special benefit assessment amounts for the project area. The rates established in the City’s Special Assessment Policy were utilized at this time to generate a preliminary assessment roll. Based on the City of Maplewood’s Pavement Management Policy, parcels are assessed on an equal “unit” basis. However, per Minnesota State Statute 429, the assessment amount cannot be greater than the benefit received by the property from the type(s) improvement. Ultimately the special benefit appraisal report will determine the final assessment amounts for the properties proposed to be assessed as a part of the project. For the purposes of this report and establishing a project financing plan, the preliminary assessment rate(s) are as follows. Residential Single Unit, Pavement Rehabilitation Rate = $3,450.00/unit Commercial Unit, Pavement Rehabilitation Rate = $69.00/front-foot Residential Single Unit, Full Reconstruction = $6,600.00/unit Commercial Unit, Full Reconstruction = $132.00/front-foot The assessment hearing is currently proposed to be held September of 2023. Council Packet Page Number 42 of 146 I1 Estimated Project Cost The total estimated project cost is $5,391,700 and is outlined below: Estimated Project Cost Summary Proposed ImprovementsTotal Amount % of Total Street Improvements$2,966,60055% Drainage Improvements $1,287,100 24% Sanitary Sewer Improvements $70,700 1% Water System Improvements $1,067,300 20% Total Estimated Project Cost: $5,391,700 100% The estimated costs include 10% contingencies and 12% overhead, which include geotechnical, legal, and fiscal expenses. Preliminary Project Funding Plan The improvements are proposed to be financed through a combination of Environmental Utility Fund, G.O. Improvement Bonds, Sanitary Sewer Fund, Special Benefit Assessments, Saint Paul Regional Water, and the W.A.C. Fund. An update to the financing plan will be provided after the special benefits appraisal is received. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (G.O.) Improvement Bonds $2,142,100 40% Environmental Utility Fund $1,287,100 24% Sanitary Sewer Fund $70,700 1.5% Water Area Fund $25,600 0.5% St. Paul Regional Water Services (SPRWS) $1,041,700 19% Special Benefit Assessments $824,500 15% Total Estimated Project Funding: $5,391,700 100% It is necessary to note that the total estimated project cost and funding for this project are significantly higher than the currently approved Capital Improvement Plan ($4,130,000) due to price escalations in the current market and a significant increase in the amount of water main replacement work needed for this project. The increased project cost due to the proposed water main replacement will be reimbursed back to the City from SPRWS. Additionally, the City’s other 2023 Improvement project, the Woodlynn-Southlawn Area Improvements, is estimated to be significantly under the currently approved CIP. When looking at the combined estimated costs for the two projects, the total funding plan is slightly less than the currently approved CIP. The estimated project costs and the preliminary project funding plan have been reviewed by the Finance Director. Council Packet Page Number 43 of 146 I1 Project Schedule The following is a tentative schedule for City Project 22-16 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #112/5/2022 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/2023 Plans & Specifications Neighborhood Meeting #22/10/2023 Public Hearing 2/27/2023 Ordering of Improvements 3/13/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/27/2023 Authorize Preparation of Assessment Roll Bid Opening4/19/2023 Award Contract 4/24/2023 Neighborhood Meeting #35/18/2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #49/6/2023 Assessment Hearing and Adopt Assessment Roll9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 Attachments: 1. Resolution Ordering Improvements 2. Project Location Map Council Packet Page Number 44 of 146 I1, Attachment 1 RESOLUTION ORDERING IMPROVEMENT th WHEREAS, pursuant to a resolution of the City Council adopted February 13, 2023, a date for a council hearing was set on the proposed street improvements for the Myrtle-Sterling Area Street Improvements, City Project 22-16; and WHEREAS, a notice was mailed ten days in advance to residents and a notice of the hearing was published, and the hearing was duly held on February 27, 2023; and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That it is necessary, cost-effective and feasible, as detailed in the Feasibility Report, that the City of Maplewood make improvements to the Myrtle-Sterling Area Street improvements, City Project 22-16. 2. Such improvements ordered as proposed in this Council resolution adopted on th the 13day of March 2023. 3. The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the February 13, 2023 council meeting. 4. The Finance Director was authorized to make the financial transfers necessary for the preparation of plans and specifications at the February 13, 2023 council meeting. A budget of $5,391,700 was established at that time. The proposed financing plan shall be implemented and is as follows: Estimated Project Cost Recovery Funding Source Total Amount% of Total General Obligation (G.O.) Improvement Bonds $2,142,100 40% Environmental Utility Fund $1,287,100 24% Sanitary Sewer Fund$70,7001.5% Water Area Fund $25,600 0.5% St. Paul Regional Water Services (SPRWS) $1,041,700 19% Special Benefit Assessments $824,500 15% Total Estimated Project Funding:$5,391,700 100% th Approved this 13 day of March 2023. Council Packet Page Number 45 of 146 I1, Attachment 2 Council Packet Page Number 46 of 146 I2 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Resolution Ordering Improvementfor the Woodlynn-SouthlawnArea Street Improvements, City Project 22-17(4 votes) Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Public Hearing for this project was held on February 27, 2023. A super majority vote (minimum of four votes) is required to order the project. Due to the council attendance level at the February 27, 2023 meeting, the vote on ordering the improvements will take place on the March 13, 2023 City Council meeting. The City Council will consider ordering the improvements. Recommended Action: Motion to approve the attached Resolution Ordering the Improvement for the Woodlynn-Southlawn Area Street improvements, City Project 22-17 (4 affirmative votes are required to approve this resolution). Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $3,527,800 Financing source(s): Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: The proposed funding plan includes a combination of the General Obligation (GO) Bonds, Environmental Utility Fund, Sanitary Sewer Fund, Water Area Fund, Street Revitalization Fund and Special Benefit Assessments Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The Woodlynn-Southlawn area streets are an important part of the City’s infrastructure, serving as a connection to local properties, multi-family properties, and numerous commercial businesses. The streets included in this project have deteriorated beyond the point of regular annual maintenance and are in need of replacement. Council Packet Page Number 47 of 146 I2 Background: th At the Public Hearing on February 27, Council directed staff to survey residents along Southlawn Drive and Radatz Avenue in regards to their desire for a sidewalk along these streets. Staff mailed out a sidewalk survey to these residents on Wednesday March 1, 2023. The results of this survey th will be presented to Council at the Council meeting on March 13 . The following information was included in the previous agenda report for the public hearing. It is included again for reference. The Feasibility Study for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, is complete and available in the office of the City Engineer. The study includes information on the existing site conditions, proposed improvements, anticipated schedule, costs, financing and recommendations. The city streets included in the Woodlynn-Southlawn project total approximately 1.77 miles in length and have an average Pavement Condition Index (PCI) rating of 37/100. The PCI rating is based on a visual survey of the pavement and is a number between 0 and 100, with 0 being the worst possible pavement condition and 100 being the best possible pavement condition (i.e. a new road). The project area is generally bounded by County Road D to the north, Hazelwood Street to the west, County Road C to the south, and McKnight Road to the east. This project is a part of the 2023 –2027 Maplewood Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2023. The existing street pavement and aging utility infrastructure on the project streets present an ongoing maintenance problem for the City of Maplewood Street and Utility Departments. Of the infrastructure elements the city maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing, filling potholes, and maintaining the aging utility infrastructure. The condition of the existing street also represents a decreased level of service for the residents of Maplewood, with the City receiving complaints from area residents about substandard street conditions. This project would include the following improvements: Pavement rehabilitation of the following streets to include the full depth reclamation (FDR) of existing pavement and underlying aggregate base, full replacement of the existing bituminous pavement, spot replacement of concrete curb and gutter and subgrade corrections as necessary. o Woodlynn Avenue o Ariel Street o Furness Court o Southlawn Drive o Kennard Street o Germain Court Full reconstruction of the following street to include; full depth reclamation (FDR) of existing pavement and underlying aggregate base, full removal of the existing bituminous pavement, subgrade corrections and construction of new concrete curb and gutter. o Radatz Avenue Saw & seal of control joints for the new bituminous pavement. New striping and pavement markings on applicable streets. Council Packet Page Number 48 of 146 I2 Removal and replacement of outdated pedestrian features on project streets and installation of new pedestrian connections on Woodlynn Avenue and Ariel Street. Replacement of outdated sanitary and storm sewer castings and structures. Restoration of driveways, turf and landscape features impacted by the project. Staff utilized the City’s consultant, SRF Consulting Group, to take an in-depth look at the existing roadway width and future traffic and pedestrian needs on Woodlynn Avenue between Ariel Street and McKnight Road. Options were investigated that would reduce traffic speeds, improve corridor safety, reduce the amount of impervious surface, and design Woodlynn Avenue to better meet traffic and pedestrian needs. It is proposed that Woodlynn Avenue, between Ariel Street and McKnight Road, be reduced to one driving lane in each direction along with parking lanes on either side. In addition, missing sidewalk segments as guided by the City’s Living Street’s Policy and Comprehensive plan, are proposed to be installed during the project. Staff will continue to work with SRF consulting to finalize the proposed street layout during the project design. These concepts were conveyed to area residents during Neighborhood Meeting #2. In 2022, the City of Maplewood Sanitary Sewer Department performed televising and manhole inspections of the sewer system within the project streets. Based on the results of the reports, staff are recommending no repairs to the existing piping system. St. Paul Regional Water Services (SPRWS) and The City of North St. Paul (NSP) both own and maintain water main systems within the project limits. SPRWS and NSP have looked at the condition and age of the water main systems on the project streets. At this time, no repairs are recommended to these systems. The goal of this project is to rehabilitate the pavement surface and therefore does not include any major utility upgrades or repairs. The storm water goals for this project include the replacement of outdated and broken storm sewer castings, replacement of deteriorated manhole/catch basin adjustment rings, adjustment of all manhole castings to the final surface elevation and the adjustment of storm sewer on Woodlynn Avenue to accomodate the narrowing of the roadway. Neighborhood Correspondence On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Woodlynn-Southlawn Area Street Improvement project. On August 10, 2022 a letter was mailed to the residents to provide information on the Council’s action and to notify them about preliminary engineering activities would begin during the fall of 2022. Staff mailed initial informational packets to impacted residents on November 30, 2022. The packet informs project residents about a number of topics including street construction frequently asked questions (FAQ), assessments, and a Neighborhood Meeting Invite #1. The first informational neighborhood meeting was held virtually on December 6, 2022. Staff mailed out the invitation to 141 property owners affected by the construction project, with approximately 14 attended the meeting. The meeting included a presentation followed by a question and answer session. Items discussed at this meeting included the public improvement process, construction process, existing conditions, proposed improvements, assessment information, and an estimated project timeline. The majority of the conversation revolved around property access during Council Packet Page Number 49 of 146 I2 construction, current pavement conditions, the general construction process, proposed improvements, drainage concerns, sidewalks, pedestrian safety, speeding concerns, roadway widths, cut through traffic on Radatz Avenue, street lighting, and assessments. The majority of residents in attendance were generally in favor of the project. Following the meeting, staff posted the meeting minutes and the presentation slide deck on the project website for residents to view. Following the first neighborhood meeting, Staff reviewed the City’s Comprehensive Plan, Parks Master Plan, and Living Streets Policy to see what additional guidance these documents could provide for sidewalks and trails in the project area. Staff have mapped the location of existing sidewalks and trails in the region along with those being proposed for the future. After considering all of this information, along with the feedback heard from residents, staff have created a preliminary sidewalk layout as noted in the feasibility report. Staff utilized the City’s consultant, Bolton & Menk Inc., to create an easy to use online mapping tool, InputID, for residents to provide direct input on the project. On December 29, 2022, residents were mailed an informational letter on how to access and use the web tool. The system is ‘social-media like’ with the ability for residents to provide comments on a map and to like or dislike comments. Staff have received many great questions and comments about the project and have received good feedback from residents via this tool. The second informational neighborhood meeting was held virtually on February 7, 2023. The meeting's format was the same as the first, including an update from Neighborhood Meeting #1 and a chance for residents to ask questions ahead of the upcoming public hearing. Additional neighborhood meetings and stakeholder correspondence are planned throughout the public improvement process to continue conversations with area residents and to ensure that everyone affected by the potential project is well informed and has had multiple chances to provide input. Assessments An independent appraisal firm has been hired to provide an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to determine the special benefit assessment amounts for the project area. The rates established in the City’s Special Assessment Policy were utilized at this time to generate a preliminary assessment roll. Based on the City of Maplewood’s Pavement Management Policy, parcels are assessed on an equal “unit” basis. However, per Minnesota State Statute 429, the assessment amount cannot be greater than the benefit received by the property from the type(s) improvement. Ultimately the special benefit appraisal report will determine the final assessment amounts for the properties proposed to be assessed as a part of the project. For the purposes of this report and establishing a project financing plan, the preliminary assessment rate(s) are as follows. Residential Single Unit, Pavement Rehabilitation Rate = $3,450.00/unit Commercial Unit, Pavement Rehabilitation Rate = $69.00/front-foot Residential Single Unit, Full Reconstruction = $6,600.00/unit Commercial Unit, Full Reconstruction = $132.00/front-foot The assessment hearing is currently proposed to be held September of 2023. Council Packet Page Number 50 of 146 I2 Estimated Project Cost The total estimated project cost is $3,527,800 and is outlined below: Estimated Project Cost Summary Proposed Improvements Total Amount % of Total Street Improvements$3,169,00090% Drainage Improvements $227,000 6% Sanitary Sewer Improvements $73,500 2% Water System Improvements $58,300 2% Total Estimated Project Cost: $3,527,800 100% The estimated costs include 10% contingencies and 12% overhead, which include geotechnical, legal, and fiscal expenses. Preliminary Project Funding Plan The improvements are proposed to be financed through a combination of Environmental Utility Fund, G.O. Improvement Bonds, Sanitary Sewer Fund, Special Benefit Assessments, Street Revitalization Fund, and the W.A.C. Fund. An update to the financing plan will be provided after the special benefits appraisal is received. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (GO) Bonds$348,600 10% Environmental Utility Fund $227,000 6% Sanitary Sewer Fund $73,500 2% Water Area Fund $58,300 2% Street Revitalization Fund $1,822,700 52% Special Benefit Assessments $997,700 28% Total Estimated Project Funding: $3,527,800 100% The estimated project costs and funding needs are significantly lower than those estimated in the approved Capital Improvement Plan ($4,860,350) due to less utility and subgrade corrections needed than anticipated. The unused funds from this project will be utilized to offset the additional funding needs on the Myrtle-Sterling Project. The estimated project costs and the preliminary project funding plan have been reviewed and approved by the Finance Director. Council Packet Page Number 51 of 146 I2 Project Schedule The following is a tentative schedule for City Project 22-17 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #112/5/2022 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/2023 Plans & Specifications Neighborhood Meeting #22/10/2023 Public Hearing 2/27/2023 Ordering of Improvements 3/13/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/27/2023 Authorize Preparation of Assessment Roll Bid Opening4/19/2023 Award Contract 4/24/2023 Neighborhood Meeting #35/18/2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #49/6/2023 Assessment Hearing and Adopt Assessment Roll9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 Attachments: 1.Resolution Ordering Improvements 2.Project Location Map Council Packet Page Number 52 of 146 I2, Attachment 1 RESOLUTION ORDERING IMPROVEMENT th WHEREAS, pursuant to a resolution of the City Council adopted February 13, 2023, a date for a council hearing was set on the proposed street improvements for the Woodlynn- Southlawn Area Street Improvements, City Project 22-17; and WHEREAS, a notice was mailed ten days in advance to residents and a notice of the hearing was published, and the hearing was duly held on February 27, 2023; and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That it is necessary, cost-effective and feasible, as detailed in the Feasibility Report, that the City of Maplewood make improvements to the Woodlynn-Southlawn Area Street improvements, City Project 22-17. 2. Such improvements ordered as proposed in the Council resolution adopted on th this 13 day of March 2023. 3. The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the February 13, 2023 council meeting. 4. The Finance Director was authorized to make the financial transfers necessary for the preparation of plans and specifications at the February 13, 2023 council meeting. A budget of $3,527,800 was established at that time. The proposed financing plan shall be implemented and is as follows: Estimated Project Cost Recovery Funding Source Total Amount% of Total General Obligation (GO) Bonds$348,600 10% Environmental Utility Fund $227,000 6% Sanitary Sewer Fund$73,5002% Water Area Fund $58,300 2% Street Revitalization Fund $1,822,700 52% Special Benefit Assessments $997,700 28% Total Estimated Project Funding:$3,527,800 100% th Approved this 13 day of March 2023. Council Packet Page Number 53 of 146 I2, Attachment 2 Council Packet Page Number 54 of 146 For the permanent record: Meeting Date: 3/13/2023 Agenda Item I2, Additional Attachment s zt l t u a s d e a R R y d e n v r a u n S w k l a l a March 13, 2023 h t w u e o d i City Project 22-17 S S Street Improvements Presented to Maplewood City Council Woodlynn-Southlawn Area For the permanent record: Meeting Date: 3/13/2023 Agenda Item I2, Additional Attachment n z w t a l a s h d t e a s u R n o S o n p o n s k o e l R a k l w y a e e w v d e i r S d u i Sidewalk Survey Results S aS f ff o oo r rr e oo b vv aa m Total Number of Properties on Radatz (32) and Southlawn (24) = 56Total Number of Responses = 16 (28.6%)Total Number of Responses on Radatz = 13 (40.6%)Total Number of Responses on Southlawn = 3(12.5%)ÑYesÒ = 10 (62.5%)ÑNoÒ = 6 (37.5%)ÑYesÒ = 8 (50.0%)ÑNoÒ = 8 (50.0%) FF u ¤¤¤¤¤¤¤¤ nn NII ¤¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item I2, Additional Attachment : s e i t : r s e e i p t nn r o r e zz ww tt P paa ll aa o n hh dd r tt aa w P uu a RR l z oo t h SS nn a t oo nn du a kk oo o ll RS aa kk ll yy ww aa ll ee nn ww dd ee ii OO SS dd ii mm aSaS oo ffff rr oooo F F Sidewalk Survey Results rrrr ss oooo ee vvvv ss aaaa nn ÑYesÒ = 7 (53.9%) ÑNoÒ = 6 (46.1%)ÑYesÒ = 7 (53.9%) ÑNoÒ = 6 (46.1%)ÑYesÒ = 3 (100.0%) ÑNoÒ = 0 (0.0%)ÑYesÒ = 1 (33.0%)Ò ÑNoÒ = 2 (67.0%) FFFF oo ¤¤¤¤ nnnn pp IIII ss ¤¤¤¤ ee RR ¤¤ J1 CITY COUNCILSTAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Amendment Resolution, InTech, Inc., 1055 Gervais Avenue East Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Patrick Kasper, on behalf of InTech, Inc., has requested to construct a building addition within the required front yard setback on the property located at 1055 Gervais Avenue East. The property has a conditional use permit from prior businesses operating on the site. An amendment to the conditional use permit is required to move forward with the proposed project. Recommended Action: Motion to approve a conditional use permit amendment resolution for a building addition at 1055 Gervais Avenue East, subject to certain conditions of approval. 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 The city deemed the applicant’s application complete on January 19, 2023. The initial 60-day review deadline for a decision is March 20, 2023. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days, if necessary, to complete the review. Background: Project Overview Patrick Kasper, on behalf of InTech, Inc., has requested to construct a building addition within the required front yard setback on the property located at 1055 Gervais Avenue East. InTech, Inc., provides directional drilling for fiber optic installation. The primary structure on the property, built as Council Packet Page Number 55 of 146 J1 a residential home, is used as the business office. The property has an existing conditional use permit for outdoor storage and a commercial accessory building located within 350 feet of residentially zoned property. The applicant proposes adding a front porch to the existing primary structure, which requires an amendment to the conditional use permit. The project will not require formal review by the community design review board. A 15-day minor construction project application will be required prior to issuing a building permit. The rendering of the proposed porch, submitted with the application, is conceptual. Additional design details (building materials, paint colors, etc.) will be required for the 15-day minor construction project application. Conditional Use Permit City Ordinance Sec. 44-12 allows for expanding a nonconforming structure within the required setback through a conditional use permit approved by the city council. The required front yard building setback is 30 feet from a street right-of-way. The existing primary structure is non- conforming and currently setback 27.3 feet from the right-of-way. With the proposed 6-foot front porch addition, the structure would be 21.3 feet from the right-of-way. The applicant submitted a site survey and elevation rendering illustrating the proposed addition. Previous City Council Actions May 8, 2000: the city council approved a CUP and the project design plans for a business called Fresh Paint. These approvals allowed the business to build a new office/warehouse building with a hard-surfaced parking lot. The project did not move forward, and the property was later sold. September 26, 2005: the city council approved a CUP allowing outdoor storage and a commercial building within 350 feet of a residential district for K and W Roll-Offs. May 26, 2015: the city council approved a CUP revision to allow Laughlin Pest Control to occupy this site. April 26, 2016: the city council reviewed the conditional use permit. The council moved to discontinue the annual review unless a problem arises or a significant change is proposed on the property. Commission andity Council Review C The Planning Commission reviewed the conditional use permit on February 21, 2023, and unanimously recommended approval. The City Council will review the project and make the final determination on the conditional use permit on March 13, 2023. Department Comments Building – Randy Johnson, Building Official The proposed addition and remodeling will be required to meet the minimum requirements of the Minnesota State Building Code. Public Comments Staff sent a public hearing notice and application details to the properties within 500 feet of the subject property. No public comments were received. Council Packet Page Number 56 of 146 J1 Reference Information Site Description Site Size: 1.00 Acres Existing Land Use: Intech, Inc. (Commercial/Light Manufacturing) Surrounding Land Uses North: Single Dwelling Residential South: Light Manufacturing East: Light Manufacturing West: Light Manufacturing Planning Existing Land Use: Commercial Existing Zoning: M1, Light Manufacturing Attachments: 1.Conditional Use PermitAmendment Resolution 2. Overview Map 3. Future Land Use Map 4. Zoning Map 5. Applicant’s Narrative 6. Elevation Rendering 7. Site Survey Dated December 20, 2022 8. Draft Planning Commission Minutes Dated February 21, 2023 Council Packet Page Number 57 of 146 J1, Attachment 1 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 Patrick Kasper, on behalf of Intech, Inc., has requested to amend the Conditional Use Permit for the property to allow for a building addition. 1.02 The property is located at: The South 290.4 feet of the East 150 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota. The East half of the East half of the Southeast Quarter of the Northwest Quarter of Section 9, Township 29, Range 22, less the North 24 rods thereof is subject to a cartway over and across the South 16 feet, more or less thereof; and that the North 56 rods of the West half of the East half of the Southeast Quarter of the Northwest Quarter of Section 9, Township 29, Range 22, is subject to a cartway over and across the South 16 feet more or less thereof. PID: 092922240038 1.03 City Ordinance Sec. 44-12 allows for the expansion of a nonconforming structure within the required setback through a conditional use permit approved by the city council. Section 2. Standards. 2.01 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. 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. Council Packet Page Number 58 of 146 J1, Attachment 1 7.The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 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 February 21, 2023, the Planning Commission held a public hearing. 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 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 _______ the resolution. The conditional use permit resolution approves a building addition within the required front yard setback. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions (Additions are underlined, and deletions are crossed out): t achieve all city code requirements. 1. The proposed project mus 2. The proposed project requires a 15-day minor construction project application. This application is required to be reviewed prior to the issuance of a building permit. 3. The applicant is required to obtain a building permit before construction. 4. The approved exterior storage is limited to equipment, trailers, and vehicles associated with a pest and animal control and snow removal the business. All vehicles and trailers must be licensed and operable and stored on an approved parking surface. 5. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner Council Packet Page Number 59 of 146 J1, Attachment 1 shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 6. There shall be no noise-making business activity conducted on the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. This condition shall not prohibit business activity on the property during these hours so long as the business activity does not otherwise violate the provisions of the city ordinance regulating noise. 7. The proposed construction and the outdoor storage on the property 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. 8. The city council shall review this permit in one year. 9. The owner or applicantpropertyshall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. 10. All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 11. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 12. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street or on Keller Parkway. 13. The owner shall not make any changes or modifications to the north 44 feet of the property which will have a negative impact on the managed B wetland to the north of the property. Any changes or modifications proposed by the owner shall be submitted to the city for approval prior to implementation. _______________ by the City Council of the City of Maplewood, Minnesota, on March 13, 2023. Council Packet Page Number 60 of 146 Attachment 2 Council Packet Page Number 61 of 146 Attachment 3 Council Packet Page Number 62 of 146 Attachment 4 Council Packet Page Number 63 of 146 Attachment 5 Statement of Intended Use The intended use of 1055 Gervais Ave Maplewood, MN 5109 is as follows: The property will be used to run the day to day operations of InTech Inc. This will include outside parking and/or storage of working trucks, trailers, and equipment. The shop building will be used for storage and maintenance of company equipment. The home will serve as the office portion of the business. I am filing for a revision of the CUP due to a construction project. We are requesting the city allow the revision of the current CUP and allow a deviation from the current setback restriction to add a hard surface patio, in said setback. Please consider this following during the approval process: We will match the criteria in the existing CUP We plan on growing our workforce from 25-35 over the next two years, which will decrease unemployment and increase tax revenue. A large portion of our business takes place in outstate MN. This means low traffic and congestion counts for the business to operate due to the various jobsites my employees report to. We plan on doing a site restoration that will not only increase the property value but also increase the aesthetic look of the property. Directional drill is considered an environmentally sound solution to traditional excavating. Council Packet Page Number 64 of 146 Attachment 6 Council Packet Page Number 65 of 146 Attachment 7 Council Packet Page Number 66 of 146 Attachment 8 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, February 21, 2023 City Hall, Council Chambers 1830 County Road B East PUBLIC HEARING ConditionalUse PermitAmendmentesolution,InTech, Inc.,1055 Gervais AvenueEast MichaelMartin, Assistant Community Development Director, presentedthe Conditional Use Permit Amendmentesolution,InTech,Inc., 1055Gervais Avenue East,and answered questionsfrom theCommission. Patrick Kasper, InTech, Inc., addressed the commission and answered questions. Chairperson Arbuckleopened the public hearing. There were nospeakersfor this item. Chairperson Arbuckleclosed the public hearing. CommissionerDesai moved to approve a conditional use permit amendmentresolution for a building addition at 1055Gervais Avenue East, subject to certain conditions of approval. Seconded by CommissionerYang Ayes – All The motion passed. This item will go to the citycouncil on March 13, 2023. February 21, 2023 PlanningCommission Meeting Minutes Council Packet Page Number 67 of 146 For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment . c n I , h c Conditional Use Permit AmendmentTo construct a building addition within the required front yard setback e ¤¤ T 1055 Gervais Avenue East1.00 acre siteOperates a commercial business that provides directional drilling for fiber optic installationRequesting approval for: n I¤¤¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment . c n I , h c FLU: Commercial Zoning: M1, Light Manufacturing The proposed project is related to the existing commercial business on the property Ïmeets the intent of comp plan e ¤¤¤ T Current Controls of PropertyComp Plan guides the property for commercial uses n I¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment . c n I , Front porch additionPrimary structure on the property (built as residential home) used as the business office h Outdoor storage/building within 350 feet of residential property Proposed Project¤¤ c e Existing CUP¤¤ T n ¤ I For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment . c n I , h c Sec. 44-12 allows for expanding a nonconforming structure within the required setback through a conditional use permit approved by the city councilExisting building is non-conforming, currently setback 27.3 feet from ROWWith the proposed 6-foot front porch addition, the structure would be 21.3 feet from the right-of-way e ¤¤¤ T Project requires CUP amendmentRequired front yard setback 30 feet from street ROW n I¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment . c n I , h c e T n I For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment . c n I , h c e T n I For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment c i l b u P d n a w e i v e R f f a t S - . c t n n I e , h m c e m Formal review by the community design review board not requiredAdditional design details (building materials, paint colors, etc.) will be required for the minor construction application T o ¤¤ n IC Required to submit a minor construction project applicationRequired to obtain a building permit before construction ¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment c i l b u P d n a w e i v e R f f a t S - . c t n n I e , h m c e m T o Staff surveyed surrounding properties and sent a public hearing notice to properties within 500 feetNo comments were received n IC¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J1, Additional Attachment w e i v e R l i c n u o C ) l a d v o n r a p p n A n o d i e o s i d s t n i e a m m d m n m o e c o e R m C ( - m . o c c n e I R , f h f c a e t T S n Conditional Use Permit Amendment ÏPlanning Commission, February 21, 2023 Conditional Use Permit Amendment ÏCity Council, March 13, 2023 Staff recommends approval of the Conditional Use Permit Amendment I/ ¤¤¤ J2 CITY COUNCILSTAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Danette Parr, Community Development Director Assisted Living and Memory Care Project, 1910 County Road C East AGENDA ITEM: a.Conditional Use Permit and Wetland Buffer Setback Variance Resolution b.Design Review Resolution Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Galahad Development, LLC proposes constructing a 61,148-square-foot two-story assisted living and memory care building on the vacant land at 1910 County Road C East. The timing of the proposed development is to start in spring 2023 and have a construction timeline of 12 to 18 months. To move forward with this project, the applicant requests city council approval for a conditional use permit, wetland buffer setback variance, and design review. Recommended Action: a.Motion 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. b.Motion 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. Fiscal Impact: Is There a Fiscal Impact? No Yes, 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 Communication Operational EffectivenessTargeted Redevelopment The city deemed the applicant’s application complete on January 4, 2023. The initial 60-day review deadline for a decision was March 5, 2023. As stated in Minnesota State Statute 15.99, the city is Council Packet Page Number 68 of 146 J2 allowed to take an additional 60 days, if necessary, to complete the review. The city has extended the review deadline. With the 60-day extension, the new review deadline is May 4, 2023. Background: The proposed building will consist of 72 total units – 46 assisted living and 26 memory care. A shared parking lot is proposed to be constructed for the new building and the Minnesota Women’s Care, which is directly to the east and is anticipating a future addition to be constructed. The owner of Minnesota Women’s Care is also the current owner of the vacant property for which this project is being proposed. The applicant held a virtual neighborhood meeting on December 20, 2022. The 35 property owners within 500 feet of the project site received an invitation directly from the developer. In addition to the project team, four residents attended this meeting. A summary of this meeting, as submitted by the developer, is included in the attachments of this report. Conditional Use Permit The 2040 Comprehensive Plan currently guides this site as Mixed-Use – Neighborhood, which allows up to 31 units per acre. Meaning up to 116 units of housing could be built on this site. The zoning of this site is Business Commercial which allows multifamily housing projects with the approval of a conditional use permit. The city’s zoning ordinance outlines nine standards that must be met for the city council to approve a conditional use permit. These standards are outlined in the attached resolution. Wetland Buffer Setback Variance Ramsey-Washington Metro Watershed District has reviewed and approved the wetland delineation report submitted by the applicant for this project. Wetland 1, as noted on the delineation, is located on the south side of the property and includes a creek. City ordinances require a 75-foot minimum, and a 100-foot average wetland buffer is maintained around a creek. Grading that will prepare the site for this project will encroach into the creek buffer requiring a 100-foot wetland buffer setback variance approval from the city. Buffer disturbance is required to reroute the stormwater system with a new discharge into the creek and remove the old system. The applicant proposes to re- establish the creek buffer with native seed and increase the buffer area on the southwest side of the building to maintain the 75-foot wetland buffer averaging in all other areas of the buffer. Design Review Site Plan The project site has approximately 60 feet of frontage on County Road C East which will provide the main access to the site. This access point also provides access to the car wash located at 2635 White Bear Avenue. In 2021, the car wash was purchased by a new operator, and the building and site underwent renovations. This included reversing the circulation of how cars enter the site and car wash building. This has caused concern among neighbors about cars queuing and potentially affecting County Road C East. Ramsey County reviewed this proposed project and did not have any stated concerns or requirements. The property owners of this proposed project and the car wash are responsible for managing the access drive that serves both properties. Staff recommends that the applicant submit a plan on how it will address queuing issues if they develop. In addition to the queuing concerns, engineering staff from both the city and Ramsey County took a Council Packet Page Number 69 of 146 J2 closer look at crash and citation data for the County Road C East and White Bear Avenue North intersection. The analysis found that this intersection is operating at an acceptable level and is comparable to other intersections along White Bear Avenue near this project area. The city’s comprehensive plan and zoning map guide the project site for the type of us being proposed. When the city makes comprehensive plan and zoning determinations, the road classifications of the adjacent road network are also accounted for. The proposed building will be setback more than 300 feet from County Road C East. A single-family home is northwest of the proposed project, and the new building must be setback at least 50 feet from the shared property line. All drive lanes and parking lots require a 20 feet setback from a residential property line. These setback requirements are being met. Building and Green Area City ordinance requires multiple-family buildings to dedicate at least 35 percent of the site to green areas and limit the building area to 35 percent of the site. The proposed site plan includes 36 percent of green space, and the building area will comprise 19 percent of the site. Both the building and green area code requirements are being met. Building Elevations The proposed building will be constructed with a combination of cementitious siding, stone and glass. A combination of lap and shingle style siding will contribute to textural variety on the building façade. Staff believes the proposed use of materials and colors is attractive and compatible with the surrounding neighborhood. Floor Area City ordinance requires a minimum of 580 square feet for studio and one-bedroom units. Two- bedroom units are required to be at least 740 square feet in size. The applicant’s floor plans meet this requirement. City ordinance does not have a minimum for memory care units, but the applicant will be required to meet the state’s minimum as part of its license with the State of Minnesota. Parking Waiver and Potential Shared Parking City ordinance states that multi-family buildings must provide two parking spaces for each unit, with one parking space covered. This project requires a total of 144 spaces. This proposed project will have 130 surface parking spaces. The applicant is seeking of parking waiver of 14 spaces and from the covered parking requirement. This proposed assisted living and memory care facility will have approximately 20 full-time employees spread over three shifts. During peak shifts, during the day, there will be approximately 10 to 12 employees in the building. The remaining shifts will have five to six staff members each. The facility will provide transportation, so no residents will be bringing cars. Parking spaces not used by employees will be available to visitors. Based on past projects, the applicant believes this site actually requires 35-40 parking spaces, as it is unlikely there would be more than 20 visitors in the building at any given time. Staff is comfortable with the applicant’s explanation of its parking needs and granting the parking waiver. In addition, the new parking lot is intended to be shared with the medical office building to the east, which also anticipates a building addition in the future. When that addition is proposed, the applicant will be required to seek city approval for the expansion and to amend the shared parking Council Packet Page Number 70 of 146 J2 agreement. The new lot would connect to the existing parking lots at 2603 and 2607 White Bear Avenue, providing this new building access to White Bear Avenue. For this configuration to be constructed the applicant must submit all needed access and parking agreements between the three property owners before any permits are issued. If the three owners cannot come to an agreement, then the new lot must maintain at least a five-foot setback from the east property line with no access being allowed to White Bear Avenue. Landscaping and Screening There are 124 large trees on the site. Only 85 of the trees are defined as significant trees covered by the city’s tree ordinance (due to the health of the tree or because they are an invasive species). Two of the significant trees are classified as specimen trees (28 diameter burr oak and 32 diameter white oak). There are 1,271 diameter inches of significant trees on the site. The applicants propose to remove 56 significant trees equaling 824 diameter. This represents 71 percent of the trees removed on the site. City ordinance requires 554 caliper inches of replacement trees on the site (277 – 2 caliper inches of replacement trees). The landscape plan shows 54 new trees ranging in size from 2 to 4 caliper inches, totaling 156 caliper inches of replacement trees. This is 398 caliper inches less than city ordinance requirement (554 caliper inches of required replacement trees – 156 caliper inches of proposed replacement trees = 398 caliper inches less than city ordinance requirement). Staff recommends the applicant be required to submit a revised landscape plan that identifies 398 caliper inches of additional trees on the site. Alternatively, the applicant can pay into the city’s tree fund. City ordinance requires screening to be installed when light from automobile headlights and other sources is directed into residential windows. Also, city ordinance requires a landscaped, and possible screened area, of not less than 20 feet in width shall be provided where a multiple dwelling abuts a property zoned for single dwellings. There is a single-family home to the northwest of the project site, and the applicant’s landscape plan shows the inclusion of 16 arborvitae trees to be planted along the shared property line, both meeting the landscaped and screening requirements. Lighting The applicant submitted a photometric plan as part of its application and all city ordinance requirements are being met. Department Comments Engineering Please see Jon Jarosch’s engineering report, dated January 11, 2023, attached to this report. Environmental Please see Shann Finwall and Carole Gernes’ environmental report, dated January 11, 2023, attached to this report. Building Official – Randy Johnson The proposed building is required to meet the minimum requirements of the Minnesota State Building Code. Council Packet Page Number 71 of 146 J2 Board and Commission Review Environmental and Natural Resources Commission January 25, 2023: The environmental and natural resources (ENR) commission reviewed the project and recommended approval subject to the conditions found in the staff environment review report. The ENR highlighted and requested additional mitigation strategies as follows: 1. Plant as many trees as possible on the property. 2. Make sure to work with staff on adding plugs into the wetland buffer. 3. Work with Ramsey County and/or the watershed district on re-establishing the entire length of the creek bed adjacent the property, in addition to just the areas being disturbed with the stormwater pipe install and removal. 4. Work with staff to ensure changes proposed at the ENR Commission and in the environmental review are made to the landscape and tree plan prior to City Council review. The applicants submitted a revised landscape and tree plan dated February 20, 2023. The following are changes made to the plan: 1. Trees: Preservation of an additional specimen tree, previously, only one of the specimen trees was scheduled to be preserved. 2. Wetland Buffer: a. Native plugs were added in addition to native seed within the graded “arms” toward the creekbed within the 100-foot wetland buffer. b. Modified some plug species to ensure they are native pollinator-supporting plants. To address other concerns, the applicants state that they have planted as many trees as is reasonable to maintain the long-term health of the trees, and that they have reached out to Ramsey County to establish the disturbed buffer on their property. Community Design Review Board February 21, 2023: The community design review board (CDRB) reviewed this project and recommended approval. The Board recommended that the applicant be required to submit photos of the building material samples to staff and members of the Board and to adequately screen kitchen vents from neighboring businesses. This is reflected in the Design Resolution. Planning Commission February 21, 2023: The planning commission held a public hearing, reviewed this project and recommended approval. Two individuals spoke during the public hearing and were concerned with traffic on County Road C East. Citizen Comments Staff surveyed the 35 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received the following comments. 1. K & H Investment, LLC owns the commercial office building at 2607 White Bear Avenue. K & H Investment partners are The Hesley Group and Kenny Shoquist. • You have requested, through your letter dated December 27th , 2022, to receive feedback from accent properties to prepare your recommendation for the planning commission and City Council. Council Packet Page Number 72 of 146 J2 • As perhaps you are aware we have been at our location for the past 36 years. We have seen requests in the past regarding the development of the proposed property before. • The main issue, that currently exists has been consistent with the past, has been the lack of parking spaces and the flow of traffic. This issue has escalated recently with the expansion of Minnesota Women’s Care. • The joint parking agreement we entered into with the Minnesota Women’s Care with the last expansion has not lived up to what was agree too. • Minnesota Women’s Care need for parking exceeded the amount of parking spaces available in our joint parking agreement, as such, our employees and customers were denied parking. • Excess traffic has cause unexpected parking lot maintenance issues, slow to be repair by management; • Use of the designated handicap parking stalls have been abused by the public due to the lack of parking • It’s true, the issue has been relieved recently with the Minnesota Women’s Care expansion of their parking lot west of our property. Currently on the existing vacant land at 1910 County Road C East. • However, we believe the unacceptable parking issue and flow of traffic that exists between Minnesota Women’s Care and Hesley Shoquist CPA office will resurface with this proposed development • We strongly support the traffic access for this development be required through County Road C and not White Bear Avenue. We are all aware of the traffic congestions and excess speed that already exists on White Bear Avenue. The current existing inflow and outflow of traffic to White Bear Avenue under the joint parking agreement with Minnesota Woman’s Care and K & H Investment, LLC on top of the current proposed development will surely exceeded it potential traffic congestion causing traffic delays, potential safety issues to pedestrians and additional wear and tear to the existing parking lot. • Perhaps you are aware of my past and current ownership of much needed senior housing, specifically assisted and memory care for our “ aging in place “ senior population. I believe this proposed development will be needed for the City of Maplewood and will function well at this prosed vacant land site • However, we cannot endorse the proposed development without a detail proposal to address the traffic flow and parking needs this proposed development will create in addition to the already current congested traffic and parking needs of Minnesota Women’s Care and Hesley Shoquist CPA. I would be happy to assist the development team in addressing the traffic and parking needs to work towards a workable solution. (David H. Hesley, 2607 White Bear Avenue) 2. I would like to request a 8 foot wooden fence around my property included into Galahad Development, LLC and Doran Companies plans for the two story Assisted Living and Memory Care Community at 1910 County Road C East. The East side of my property has the entrance to the Car Wash and there is a 8 foot Wooden fence there right now, I would like that fencing to follow all the way down the to the Assisted Living and Memory Care and along the South side of my property. I cannot endorse the shared parking with the Mn Women's Care, which is anticipating a future addition which will bring more cars exiting on to Co. Rd. C because it was said by Michael Martin that White Bear Ave would Not be used as a exit for the future addition of Women's Care. (Carol Guzzo, 1876 County Road C East – Submitted via letter at the February 21, 2023 Planning Commission meeting. Council Packet Page Number 73 of 146 J2 Reference Information Site Description Project Area: 3.76 acres Existing Land Use: Vacant 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. Conditional Use Permit Wetland Buffer Setback Variance Resolution 2. Design Review Resolution 3. Overview Map 4. 2040 Future Land Use Map 5. Zoning Map 6. Wetlands Map 7. Applicant’s Narratives 8. Neighborhood Meeting Summary 9. Site/Grading Plan 10. Wetland Delineation 11. Storm Sewer Plan 12. Landscape Plan, updated on February 20, 2023 13. Tree Preservation Plan, updated on February 20, 2023 14. Photometric Plan 15. Building Elevations 16. Engineering Report, dated January 11, 2023 17. Environmental Report, dated March 6, 2023 18. Draft Environmental and Natural Resources Commission Minutes, dated January 25, 2023 19. Draft CDRB Minutes, dated February 21, 2023 20. Draft Planning Commission Minutes, dated February 21, 2023 21. Applicant’s Plans (separate attachment) Council Packet Page Number 74 of 146 J2, Attachment 1 CONDITIONAL USE PERMITANDWETLAND BUFFER SETBACK VARIANCERESOLUTION 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 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.” Council Packet Page Number 75 of 146 J2, Attachment 1 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. 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. Council Packet Page Number 76 of 146 J2, Attachment 1 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 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 _______ 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. Council Packet Page Number 77 of 146 J2, Attachment 1 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. 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. __________ by the City Council of the City of Maplewood, Minnesota, on March 13, 2023. Council Packet Page Number 78 of 146 J2, Attachment 2 DESIGN REVIEWRESOLUTION 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 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. Council Packet Page Number 79 of 146 J2, Attachment 2 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. 5. Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes dated January 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 the single-family homes to the north and northwest of the sides of the property. 8. Any identification or monument signs for the project must meet the requirements of the city’s sign ordinance. Identification or monument signs shall be designed to be consistent with the project’s building materials and colors. 9. Before 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. 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. 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. Council Packet Page Number 80 of 146 J2, Attachment 2 c. 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. d. The applicant shall submit photos of building materials to city staff and members of the CDRB for review. e. The applicant shall provide adequate screening so the kitchen venting is screened visually from other businesses. 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. __________ by the City Council of the City of Maplewood, Minnesota, on March 13, 2023. Council Packet Page Number 81 of 146 Attachment 3 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 82 of 146 Attachment 4 1910 County Road C East - Future Land Use Map December 7, 2022 City of Maplewood Legend ! I Future Land Use - 2040 Low Density Residential High Density Residential Mixed Use - Neighborhood Commercial Public/Institutional Open Space 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 83 of 146 Attachment 5 1910 County Road C East - Zoning Map December 7, 2022 City of Maplewood Legend ! I Zoning Single Dwelling (r1) Multiple Dwelling (r3) Planned Unit Development (pud) Farm (f) Limited Business Commercial (lbc) Business Commercial (bc) 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 84 of 146 Attachment 6 1910 County Road C East - Wetlands Map December 7, 2022 City of Maplewood Legend ! I Wetlands Manage B Manage C Storm Water Pond 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 85 of 146 Attachment 7 Council Packet Page Number 86 of 146 Attachment 7 Council Packet Page Number 87 of 146 Attachment 7 Council Packet Page Number 88 of 146 Attachment 8 Michael A. Martin From:Lucas Larson <lucas@galahaddevelopment.com> Sent:Wednesday, December 21, 2022 12:03 PM To:Michael A. Martin Cc:Jeremy VanMinsel; Steve Johnson; John Ferrier Subject: Caretta Assisted Living Maplewood Follow Up 9ǣƷĻƩƓğƌƒĻƭƭğŭĻğƌĻƩƷʹThismessageoriginatedfromoutsidetheCityofMaplewoodemailsystem. ƭĻĭğǒƷźƚƓ whenclickinghyperlinks,downloadingpicturesoropeningattachments. Michael, Hereistheattendancefromourneighborhoodmeetinglastnight:CarolGuzzo,RickandGailJohnson,ArleneFrokjer, JeremyVanMinsel(Doran),SteveJohnson(Doran).Themeetingstartedat7pmandendedatabout8:10pm. Thereweretwoprimaryconcernsregardingourproposal.OnehadtodowithaccessfromCountyRdC.Thesecondhad todowithscreeningbetween/ğƩƚƌ͸ƭpropertyandourproject. RegardingaccessfromCountyRdC,theyexpressedfrustrationaboutthecarwash,thenewfirestationdowntheroad, giscurrentlyzoned andthecurrentconditionoftheroaditself.Idiscussedwiththemthatthelotwearepurchasin commercialandthatouruseisarelativelylowtrafficuse.IalsobroughtupouralternativeaccesspointtoWhiteBear Avenue(WBA)whichshouldhelpalleviatetrafficfromthenorth.ItoldthemthereźƭƓ͸ƷmuchwecandotoensureWBA isusedastheprimaryaccess,butthatIwouldlookintotheexistingeasementwiththecarwashtoseeifthereis anythingwecandotohelpwithaccessfromCountyRdC.Ihavealreadyaskedmyattorneystoreview. RegardingscreeningbetweenourprojectandĭğƩƚƌ͸ƭproperty,Itoldthemthatwewouldprovideconiferoustreesalong herlotlineasasoundandvisualbarrierandthatwewilldoourbesttoretainlargespecimenstreeandreplantasmany newtreesandshrubsaspossible.AfterthemeetingIfollowedupwiththemshowingourlandscapeplanwithtrees lining/ğƩƚƌ͸ƭpropertyline.Ihavenotgottenaresponseback. TheyalsoinquiredgenerallyaboutwhyMaplewoodneedsmoreseniorhousingandItoldthemthefindingsofour independentmarketstudy,whichshowshundredsmoreAL/MCunitswillbeneededinMaplewood(overandabovethe newCassiaprojectdowntheroad)inthecomingyearsduetotheagingpopulation. Myperceptionwasthatweallleftthemeetingongoodterms.Agreeingtolookintotheaccesseasementandprovide screeningalong/ğƩƚƌ͸ƭlotlineseemedtoalleviatetheirconcerns. eninemailcontactwithRondaWintheiser,butsheķźķƓ͸Ʒwanttoattendthemeeting.Asanalternative,I Ihavealsobe extendedtheopportunitytomeetwithherindividuallyandsheignoredtheoffer.SheinitiallythoughtthatIwas workinginpartnershipwiththecityandthattheintentofourprojectwasanefforttoexpandthelightrail/transit system.ItoldherIhavenorelationshipwiththeCityoutsideoftryingtogetourprojectdeveloped.Sheisgenerallynot afanofcongregateassistedliving,likeourproject,despitethegrowingneedforitandthinksmoreneedstobedoneto expandintergenerationalliving(whichIalsoagreewith.) Carolaskedforcontactinfoforwhowearedealingwithatthecity,county,andwatershed.Iwantedtoprovidean overviewofourmeetingsoyoucanbetterfieldinquiries.Iintendtokeeptheneighborsintheloopasweprogresswith theproject. Lucas 1 Council Packet Page Number 89 of 146 Attachment 9 11/23/2022 52209 REG # CITY / ISSUE RECORD KEVIN A. BOHL REVIEW SET WATERSHED C2.0 Date:___XX/XX/22_____ ASSISTED LIVING 21435.50WH CARETTA& MEMORY CARE MAPLEWOOD, MN11/23/22NPA GRADING, 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 90 of 146 Attachment 10 11/23/2022 52209 REG # CITY / ISSUE RECORD KEVIN A. BOHL REVIEW SET WATERSHED C7.0 Date:___XX/XX/22_____ ASSISTED LIVING 21435.50WH WETLAND CARETTA& MEMORY CARE MAPLEWOOD, MN12/21/22NPA DELINEATION 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 NO BUILDINGS ON SITE Council Packet Page Number 91 of 146 Attachment 11 c ccc ccc ccc c ccc cc c Council Packet Page Number 92 of 146 Attachment 12 Council Packet Page Number 93 of 146 Attachment 13 Council Packet Page Number 94 of 146 Attachment 14 Council Packet Page Number 95 of 146 Attachment 15 Council Packet Page Number 96 of 146 Attachment 15 Council Packet Page Number 97 of 146 Attachment 15 Council Packet Page Number 98 of 146 Attachment 16 Engineering Plan Review PROJECT: Assisted Living and Memory Care Facility 1910 County Road C PROJECT NO: 22-32 COMMENTS BY: Jon Jarosch, P.E. – Assistant City Engineer DATE: 1-11-2023 PLAN SET: Civil plans dated 11-23-2022 REPORTS: Hydrology Report dated 11-23-2022 The applicant is seeking city approval to develop the vacant parcel at 1910 County Road C into an assisted living and memory care facility. The applicant is requesting a review of the current design. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management The amount of disturbance on this site is greater than ½ acre. As such, the applicant is required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. The applicant is proposing to meet these requirements via the use of underground filtration systems. The current design meets the City’s stormwater management standards. 1)The project shall be submitted to the Ramsey-Washington Metro Watershed District (RWMWD) for review. All conditions of RWMWD shall be met. 2)A joint storm water maintenance agreement shall be prepared and signed by the owner for the proposed underground filtration systems and pretreatment devices. The Owner shall submit a signed copy of the joint storm-water maintenance agreement with the RWMWD to the City. 3)An emergency overflow for the filtration systems shall be identified on the plans. This overflow shall be properly stabilized to prevent erosion during an overflow event. The LFE of the building shall be set at least 1-foot above the designated emergency overflow elevation. Council Packet Page Number 99 of 146 Attachment 16 Grading and Erosion Control 4)All slopes shall be 3H:1V or flatter. 5)Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent streets that could potentially receive construction related sediment or debris. 6)A double row of heavy-duty silt fencing is required along the wetland buffer edge to prevent sediment from leaving the site into the adjacent wetlands. 7)Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 8)All pedestrian facilities shall be ADA compliant. 9)The total grading volume (cut/fill) shall be noted on the plans. 10)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. Sanitary Sewer and Water Service 11)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. A SAC determination is required. 12)All modifications to the water system shall be reviewed by Saint Paul regional Water Services. All requirements of SPRWS shall be met. 13)All new sanitary sewer service piping shall be schedule 40 PVC or SDR35. Other 14)The proposed design includes a parking lot connection to the adjacent properties to the east. The applicant shall provide copies of cross-access agreements with adjacent parcels prior to the issuance of permits. 15)The applicant shall work with the adjacent car-wash parcel to the north to prevent traffic stacking issues on the shared-use drive. 16)The applicant shall provide a self-renewing letter of credit or cash escrow in the amount of 125% of the proposed site improvements including earthwork, grading, erosion control, site vegetation establishment (sod, seed, etc.), aggregate base, and paving. Council Packet Page Number 100 of 146 Attachment 16 Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 17)Grading and erosion control permit 18)Storm Sewer Permit 19)Sanitary Sewer Permit -END COMMENTS - Council Packet Page Number 101 of 146 Attachment 17 Environmental Review Project: New 72-Unit Assisted Living and Memory Care Building Date of Revised Plans: February 20, 2023 Date of Review: March 6, 2023 Location: 1910 County Road C Reviewer: Shann Finwall, Environmental Planner 651-249-2304, shann.finwall@maplewoodmn.gov Carole Gernes, Natural Resources Coordinator 651-249-2416, carole.gernes@maplewoodmn.gov Project Background: Galahad Development, LLC proposes constructing a 61,148-square-foot two-story assisted living and memory care community on the vacant land at 1910 County Road C East. The adjacent commercial building located at 2599 White Bear Avenue proposes a future expansion to their building to be located within the vacant land as well. There are significant trees and a creek located on the property and a Manage B wetland adjacent the property. The applicants must comply with the City’s tree, wetland, and solid waste ordinances, and landscape policies. Tree Ordinance 1.Tree Preservation Ordinance: a.Significant Trees: Maplewood’s tree preservation ordinance describes a significant tree as a healthy tree of the following size: hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. b.Specimen Trees: A specimen tree is defined as a healthy tree of any species that is 28 inches in diameter or greater. c.Tree Replacement: If greater than 20 percent of significant trees are removed, tree replacement is based on a calculation of significant trees located on the site and significant trees removed. Credits are given for all specimen trees that are preserved. If less than 20 percent of significant trees are removed, tree replacement is based on a calculation of one 2-caliper inch replacement tree per significant tree removed. d.Tree Replacement: The tree standards require that as many replacement trees be planted on the site as possible. An applicant can pay into the City’s tree fund at a rate of $60 per caliper inch for trees that cannot be planted on site. The City uses the tree fund to manage trees in parks and within the right-of-way. 2.Tree Impacts: There are 124 large trees on the site. Only 85 of the trees are defined as significant trees covered by the City’s tree ordinance (due to health of the tree or because they are an invasive species). Two of the significant trees are classified as Council Packet Page Number 102 of 146 Attachment 17 specimen trees (28 diameter burr oak and 32 diameter white oak). There are 1,271 diameter inches of significant trees on the site. The applicants propose to remove 56 significant trees equaling 824 diameter inches. This represents 64 percent of the trees removed on the site. 3.City Code Requirements: City code requires 554 caliper inches of replacement trees on the site (which equals 277 – 2 caliper inches of replacement trees). 4.Proposed Tree Replacement: The landscape plan shows 54 new trees ranging in size from 2 to 4 caliper inches, totaling 156 caliper inches of replacement trees. This is 398 caliper inches less than city code requirement (554 caliper inches of required replacement trees – 156 caliper inches of proposed replacement trees = 398 caliper inches less than city code requirement). 5.Tree Recommendations: a.Prior to issuance of a grading permit, the applicant must submit the following: 1)Revised Tree Preservation Plan: a)Tree Mitigation Requirements Table: Please note the following - 1.Screening trees can be used in the tree replacement requirements; 2.native and drought tolerant shrubs can only be counted for tree replacement if they are part of a raingarden or other stormwater management best practice (shrubs within the wetland buffer or foundation plantings do not count toward that replacement); 3.native seed planted as part of the wetland buffer re- establishment cannot be counted toward tree mitigation; 4.tree mitigation cannot be separated into east and west portion of the parcel, the city will require the full escrow and tree fund payment prior to issuance of the overall grading permit. 2)Revised Landscape Plan: a)Additional Trees: The revised landscape plan must identify 398 caliper inches of additional trees on the site. Alternatively, the applicant can pay into the City’s tree fund (see below). b)Maple Trees: Maplewood’s tree canopy consists of over 20 percent maples. To prevent future diseases from wiping out the same species or genera of trees, Maplewood discourages planting of maples, stands of identical species in a concentrated area or rows. Replace the Sienna Glen Maple, Acer x fremannii ‘Sienna’ with a climate resilient native tree such as hackberry, Celtis occidentalis; hickory, Carya ssp.; American basswood, Tilia americana; Kentucky coffeetree, Gymnocladus dioicus; river birch, Betula nigra; Ironwood, Ostrya virginiana; or a resistant American Council Packet Page Number 103 of 146 Attachment 17 elm selection, (Ulmus americana) such as Patriot Elm, Prairie Expedition, New Harmony or St. Croix. c)Replace the following non-native or invasive tree species with a native, climate resilient, pollinator-supporting species: 1.Parkland Pillar Birch, Betula platyphylla “Jefpark” – replace with a native climate resilient tree species such as River birch, Betula nigra. 2.Swedish Aspen, Populus tremla ‘Erecta’ – replace with a native or climate resilient species such as Eastern rebud, Cercis Canadensis, American plum, Prunus americana; blue beech, Carpinus caroliniana, American hazelnut, Corylus americana; or nannyberry, Viburnum lentago. d)Tree Maintenance: Quaking Aspen is a clonal species, i.e, it spreads from root suckering. Keep in mind that this will increase maintenance. 3)Escrow: The applicant must submit a tree escrow in the amount of $60 per caliper inch of trees to be replaced on the site. The escrow will be released once the trees are planted with a one-year warranty. 4)Tree Fund: The applicants can pay into the City’s tree fund at a rate of $60 per caliper inch of replacement tree that cannot be planted on site. If no additional trees are planted, the applicant would owe the City’s tree fund $23,880 (554 caliper inches of required tree replacement – 156 caliper inches of trees planted on the site = 398 caliper inches of trees not planted on the site x $60 = $23,880). Wetland Ordinance 1.Wetland Ordinance: The City’s wetland ordinance requires buffers around wetlands based on their classifications. No mowing, grading, or building is allowed within the buffer. 2.Required Wetland Buffers: Ramsey-Washington Metro Watershed District has reviewed and approved the wetland delineation report. Wetland 1 is located on the south side of the property and includes a creek. City code requires a 75 foot minimum, and 100 foot average wetland buffer be maintained around a creek. Wetland 2 is a Manage C wetland located on the adjacent property to the west. City code requires a 50-foot minimum wetland buffer be maintained around a Manage C wetland. Wetland 3 is located on the north side of the property. The watershed district has approved this wetland as an incidental wetland (manmade wetland). City code does not regulate incidental wetlands. 3.Wetland Buffer Impacts: The applicants propose to fill the incidental wetland (Wetland 3), the required 50-foot wetland buffer will be maintained around the Manage C wetland (Wetland 2), and grading will encroach into the creek buffer (Wetland 1) requiring a 100- foot wetland buffer variance approval from the City. Buffer disturbance is required to Council Packet Page Number 104 of 146 Attachment 17 reroute the stormwater system with a new discharge into the creek and removal of the old system. The applicants propose to re-establish the creek buffer with native seed and increase the buffer area on the southwest side of the building to maintain the 75-foot wetland buffer averaging in all other areas of the buffer. 4.Wetland Buffer Recommendations: a.Prior to issuance of a grading permit, the applicant must complete the following: 1)Revised landscape plan as follows: a)Native Seeding Installation Method: Topsoil should not be loosened. Seed should be drilled into topsoil. Loosening soil will expose weed seeds and aid in their germination. Fertilizer is not needed and will promote the growth of weeds. b)Wetland Buffer Signs: Identify the location of wetland buffer signs to be installed along the approved creek and Manage C wetland buffer. The signs should be placed every 100 feet at a minimum. The City of Maplewood supplies wetland buffer signs identifying that no building, mowing, or grading should take place within the buffer. There is a $35 fee per sign. 2)Install the wetland buffer signs. 3)Sign a wetland buffer mitigation and maintenance agreement with the City requiring that the applicant establish and maintain the required mitigation within the buffer for a three-year period. The City of Maplewood will draft the maintenance agreement once the wetland buffer mitigation plan is complete. 4)Submit a cash escrow or letter of credit to cover 150 percent of the wetland buffer mitigation. The City will retain the escrow for up to three years as outlined in the maintenance agreement to ensure the wetland buffer mitigation is established and maintained. Landscape Policies Review of the overall landscape plan to ensure nonnative and invasive species are avoided, seed mix is appropriate for use in areas proposed, and plantings are climate resilient. Landscaping Recommendations: Prior to issuance of a grading permit, submit a revised landscape plan with the following changes: a.Replace Ruby Spice Clethra and Snowbell mock orange with native-pollinator supporting shrubs or monarch supporting perennials. Recommended species include: 1.New Jersey tea, Ceanothus americanus; 2.Blueberry, Vaccinium ssp; 3.Leadplant, Amorpha canescens; Council Packet Page Number 105 of 146 Attachment 17 4.Serviceberry Species, Amelanchier ssp; 5.Chokeberry, Aronia melanocarpa; 6.Sand Cherry, Prunus pumila; 7.Ninebark, Physocarpus opulifolius; 8.Meadowsweet, Spirea alba; 9.Butterfly Weed; Asclepias tuberosa; 10.Swamp Red Milkweed, Asclepias incarnate; 11.Meadow Blazingstar, Liatris ligulistylis. b.Lily of the Valley is an invasive plant that is spreading into nature preserves in the Twin Cities Metro Area, including Maplewood. It is extremely difficult to control once established. Because this site is adjacent to water resources and natural areas, replace with native perennial pollinator-supporting plants. Recommended species include: 1.False Lily of the Valley; 2.Jacob’s Ladder; 3.Wild Ginger; 4.Wild Geranium; 5.Blood Root; 6.Downy Yellow Violet; 7.Wild Leek 8.Rue Anemone; 9.False Rue Anemone; 10.Canada Violet; 11.Woodland Phlox 12.Wild Strawberry. More information on these Minnesota native plants can be found at Minnesota Wildflowers (www.minnesotawildflowers.info). Note that all species of plant in Minnesota are listed here, including non-native and invasive species. c.Hostas are non-native and a preferred food of our high population of white-tailed deer. You may want to plant a native alternative or Minnesota native woodland mix.Recommended species include: 1.Virginia Bluebells; 2.Wild Ginger; 3.Bloodroot; 4.Early Meadow Rue; 5.Rue Anemone; 6.Jacob’s Ladder 7.Columbine; 8.Jack-in-the-Pulpit; 9.White Trout Lily; 10.Wild Geranium; 11.Virginia Waterleaf; 12.Solomon’s Seal; 13.Blood Root and May Apple, Podophyllum peltatum. Council Packet Page Number 106 of 146 Attachment 17 d.Replace invasive Miscanthus sinensis with a native alternative. Recommended species include: 1.Yellow Prairie Grass, Sorghastrum nutans; 2.Big Bluestem, Andropogon gerardii; 3.Little Bluestem, Schizachyrium scoparium; 4.Side Oats Gramma, Bouteloua curtipendula; 5.Prairie Dropseed, Sporobolus heterolepis. e.Carl Foster grass is not currently considered invasive but is over planted and provides little wildlife/pollinator habitat. One of the above-mentioned native grasses would also be attractive and provide habitat for pollinators. Solid Waste Ordinance All multi-family properties are included in the City’s recycling program. The City of Maplewood contracts with Tennis Sanitation for multi-family recycling. Tennis Sanitation supplies 95-gallon recycling carts or recycling dumpsters collected weekly. The City of Maplewood adds the recycling fee onto the water bill. Prior to Certificate of Occupancy, the applicant must ensure recycling service is set up through the City’s recycling program. Council Packet Page Number 107 of 146 Attachment 18 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION ARY 25, 2023 WEDNESDAY, JANU 7:00 P.M. 1.CALL TO ORDER Acting ChairpersonBryan called a meeting of the Environmental and Natural Resources Commission to order at 7:01 p.m. 2.ROLL CALL Emma Broadnax, CommissionerAbsent Rebecca Bryan, Acting ChairpersonPresent Benjamin Guell, CommissionerPresent Mollie Miller, CommissionerPresent Ted Redmond, CommissionerAbsent Staff Present Shann Finwall, Environmental Planner 3.APPROVAL OF AGENDA Commissioner Miller moved to approve the January 25, 2023, Environmental and Natural Resources Commission agenda. Seconded by Commissioner Guell Ayes – All The motion passed. 4.APPROVAL OF MINUTES a.October 25, 2022 Commissioner Miller moved to approve the October 25, 2023, Environmental and Natural Resources Commission agenda. Seconded by Commissioner Guell Ayes – All The motion passed. b.November 30, 2022 The November 30, 2022, Environmental and Natural Resources Commission minutes were tabled to the next Commission meeting. 5.NEW BUSINESS a.Wetland Buffer Variance, Assisted Living and Memory Care Project, 1910 County Road C East. 1 Council Packet Page Number 108 of 146 Attachment 18 Environmental Planner Shann Finwall presented the report. Theapplicant, Lucas Larson of Galahad Development, answered questions of the Commission. The Commission highlighted or recommended additional mitigation strategies as follows: Plant as many trees as possible on the property. Consider adding more oak trees to the tree species. Work with staff on adding plugs into the wetland buffer. The plugs don’t have to be over the whole buffer, but should be in areas where they will be most successful. Work with Ramsey County and/or the watershed district on re-establishing the entire length of the creek bed adjacent the property, in addition to just the areas being disturbed with the stormwater pipe install and removal. Work with staff to ensure changes proposed in the environmental review and made to the landscape and tree plan prior to City Council review. Commissioner Miller made a motion to recommend approval of the wetland buffer variance. Seconded by Commissioner Guell Ayes - All The motion passed. 6.UNFINISHED BUSINESS 7.VISITOR PRESENTATIONS None 8.COMMISSIONERPRESENTATIONS None 9.STAFF PRESENTATIONS Environmental Planner Finwall updated the Commission on the following: a.ENR Commission Vacancies b.February or March Goal-Setting Workshop – Prior to Regular Meeting (5:15 to 6:45 p.m.) c.Reminder of Rescheduled February and March Meeting Dates: Thursday, February 23 and Wednesday, March 29 d.Election of Chair and Vice Chair – Scheduled for February 23 2 Council Packet Page Number 109 of 146 Attachment 18 10.ADJOURNMENT Commissioner Miller made a motion to adjourn the meeting. Seconded by Commissioner Guell Ayes – All The motion passed. Acting Chair Bryan adjourned the meeting at 8:24p.m. 3 Council Packet Page Number 110 of 146 Attachment 19 DRAFT MINUTES MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 6:00 P.M. Tuesday, February 21, 2023 City Hall, Council Chambers 1830 County Road B East E.NEW BUSINESS 1. Design Review, Assisted Living and Memory Care Project, 1910 County Road C East Michael Martin, Assistant Community Development Director, presented the Design Review, Assisted Living and Memory Care Project, 1910 County Road C East, and answered questions from the Board. Lucas Larson, Galahad Development, addressed the board and answered questions. Ben Lindau, Doran Companies, addressed the board and answered questions. Kevin Bohl, BKBM Engineers, addressed the board and answered questions. Boardmember Lamers 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, as proposed by staff with friendly amendments underlined and in bold, below: 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. 5.Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes dated January 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 the single- family homes to the north and northwest of the sides of the property. 8.Any identification or monument signs for the project must meet the requirements of the city’s sign ordinance. Identification or monument signs shall be designed to be consistent with the project’s building materials and colors. Council Packet Page Number 111 of 146 Attachment 19 9.Before 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.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. 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. c.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. d.The applicant shall submit photos of building materials to city staff and members of the CDRB for review. e.The applicant shall provide adequate screening so the kitchen venting is screened visually from other businesses. 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. Council Packet Page Number 112 of 146 Attachment 19 12.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Boardmember Kempe Ayes – All The motion passed. This item will go before Council on March 13, 2023. Council Packet Page Number 113 of 146 Attachment 20 DRAFT MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, February 21, 2023 City Hall, Council Chambers 1830 County Road B East E.PUBLIC HEARING 1.Conditional Use Permit and Wetland Buffer Setback Variance Resolution, Assisted Living and Memory Care Project, 1910 County Road C East Michael Martin, Assistant Community Development Director, presented the Conditional Use Permit and Wetland Buffer Setback Variance Resolution, Assisted Living and Memory Care Project, 1910 County Road C East, and answered questions from the Commission. Lucas Larson, Galahad Development, addressed the commission and answered questions. Ben Lindau, Doran Companies, addressed the commission and answered questions. Kevin Bohl, BKBM Engineers, addressed the commission and answered questions. Chairperson Arbuckle opened the public hearing. The following individuals addressed the commission regarding the project: Arlene Frokjer, 1883 County Road C East Rick Johnson, 1861 County Road C East Chairperson Arbuckle closed the public hearing. Commissioner Ige 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. Seconded by Commissioner Desai Ayes – All The motion passed. This item will go to the city council on March 13, 2023 Council Packet Page Number 114 of 146 For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment t s a E , C g n i d v R i L o r C o i Conditional Use PermitWetland Buffer VarianceDesign Review 0 n 1 ¤¤¤ e Galahad Development, LLC proposing a 61,148-square-foot two-story assisted living/ memory care building 3.76 Acres Requesting approval for: 9 S1¤¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment t s a E , C g n i d v R i L o r C o i 0 n 1 e 72 units Ï46 assisted living, 26 memory careSite is guided Mixed-Use ÏNeighborhood, which allows up to 31 units per acre (116 units could be located on site)Site is zoned Business Commercial, which allows multifamily housing projects with the approval of a conditional use permit 9 S1¤¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment t s a E , C g n i d v R i L o r C o i 0 n 1 e A Manage B wetland Ïwhich includes a creek, is located on the south side of the propertyCity ordinances require a 75-foot minimum, and a 100-foot average wetland buffer is maintained around a creekGrading that will prepare the site for this project will encroach into the creek buffer 9 S1¤¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment t s a E , C g n i d v R i L o r C o i 0 Shared drive with car washPotential for shared access from White Bear AvenueParking lots and drive lanes require 20-foot setback n 1 ¤¤¤ e 9 Project site has approximately 60 feet of frontage on County Road C The new building must be setback at least 50 feet from residential property lines S1 ¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment t s a E , C g n i d v R i L o r C o i 0 Cementitious sidingStoneGlass n 1 ¤¤¤ e 9 The proposed building will be constructed with a combination ofThe combination of lap and shingle style siding will contribute to textural variety in the building Project meets code requirements for building and green areas façade S1 ¤¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment t s a E , C g n i d v R i L o r C o i 0 144 spaces for this project; 130 provided n 1 ¤ e 9 Code states that multi-family buildings must provide two parking spaces for each unit Ïwith one of the parking spaces being coveredApplicant seeks parking waiver of 14 spaces and from the covered Potential for shared parking parking requirement S1 ¤¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment t s a E , C g n i d v R i L o r C o i 0 Applicant is proposing 54 new treesApplicant can either add more trees or pay into cityÔs tree fund n 1 ¤¤ e 9 Applicant is proposing to remove 56 of the 85 significant trees on siteCode requires the planting of 342 treesApplicant is proposing to meet the cityÔs screening requirements from the adjacent home with the use of arborvitae trees S1 ¤¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment t n e t m s a m E o C C c i d l R b u o P C d 0 1 n 9 a 1 , w g e i n v i v e i R L f r f o a i t n S e Staff surveyed surrounding properties and sent a public hearing notice to properties within 500 feetOne comment was received - S¤¤ For the permanent record: Meeting Date: 3/13/2023 Agenda Item J2, Additional Attachment f f a t S / w e t i s v a e E R l C i c d n R u o o C C 0 d n 1 n o 9 i a 1 t , a n g d o i n n s i se v i i L m m r m m o i o o c n Recommended approvalBoth recommended approvalTwo speakers at Public Hearing C e e ¤¤¤ Environmental and Natural Resource Commission, 1/25/23CDRB and Planning Commission, 2/21/23City Council, tonightStaff recommends approval S-R ¤¤¤¤ J3 CITY COUNCIL STAFF REPORT Meeting Date March 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Shann Finwall, AICP, Environmental Planner Audra Robbins, Parks and Natural Resources Coordinator PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Renewable Energy Ordinance a. Ordinance Amending City Code Chapter 18, Article V of the Maplewood City Code Pertaining to Renewable Energy b. Resolution Authorizing Publication by Title and Summary (4 Votes) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The renewable energy ordinance was adopted in October 2011. The ordinance assists the City in the promotion of renewable energy sources while addressing regulations for wind, solar, and geothermal. The Environmental and Natural Resources Commission are recommending amendments to that ordinance based on a review completed in 2021. Recommended Action: 1. Motion to approve the Renewable Energy Ordinance. 2. Motion to approve the Resolution Authorizing Publication and Title and Summary (4 Votes) Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is n/a 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 Renewable energy is a valuable resource. Removing barriers to this resource will ensure community inclusiveness. It will allow all residents and businesses to capture the benefits of appropriately designed and sited renewable energy sources. Operational effectiveness will be achieved with the removal of barriers and promotion of renewable energy. It will assist the City with energy and climate goals outlined in the 2040 Comprehensive Plan. One of the goals states that the City will encourage and support renewable energy by obtaining a minimum of 50 percent of all electric energy from renewable sources by 2040. Council Packet Page Number 115 of 146 J3 Background: Commission and City Council Review October 10, 2011: The City Council adopted the Renewable Energy Ordinance. The ordinance applies to the regulations for renewable energy systems including wind turbines, solar systems, and geothermal ground-source heat pumps. The renewable energy regulations are intended to supplement existing zoning ordinances and land use practices, and ensure these systems are appropriately designed, sited, and installed. December 20, 2021: The Environmental and Natural Resources (ENR) Commission recommended approval of the amended Renewable Energy Ordinance. SolSmart Program Program Designation SolSmart (https://solsmart.org/) is a national program led by the International City/County Management Association and the Interstate Renewable Energy Council, along with a team of partners with expertise in solar energy and local governments. SolSmart uses objective criteria to designate communities that have successfully met the goals of the program. Communities receive designations of SolSmart Gold, Silver, and Bronze. Maplewood has completed 215 SolSmart credits and has received the Silver designation. Following are the highlights of the CityÓs action items in the program: 1. Creation of an online permitting checklist, increasing transparency for community members and solar installers. 2. SolSmart review of local zoning codes and identification of restrictions that intentionally or unintentionally prohibit solar PV development. 3. Allow solar by-right accessory use in all zones (so solar installations donÓt require special permits or hearings) 4. Cross-trained both inspection and permitting staff on solar PV. To reach the Gold designation Maplewood would need to complete one additional pre-requisite including ensuring all small rooftop permits are processed within three days. Solsmart Criteria Change and Renewable Energy Ordinance Review New SolSmart criteria was released on January 4, 2021. Cities that are already in the SolSmart program can continue with the legacy credits. As part of the criteria change, SolSmartÓs national solar experts offered to review the CityÓs solar regulations to ensure they meet the new criteria and new standards in place since the adoption of the ordinance in 2011. The ENR Commission reviewed SolSmartÓs recommendations for consideration in the Renewable Energy Ordinance. Those recommendations are included in the ordinance change summary section below. City Staff and Attorney Review In addition to ENR Commission review, the ordinance amendment was reviewed by the Community Development and Parks and Natural Resources Departments and the City attorney. Minor modifications were proposed and included in the ordinance change summary section below. Council Packet Page Number 116 of 146 J3 Ordinance Change Summary Attached is a document that compares the 2011 Renewable Energy Ordinance and the proposed 2023 amendments. Following is a summary of the proposed amendments: Wind Energy Section 1. Remove the requirement to distribute excess wind energy generated on site to the grid. Allow excess energy to be stored on site. 2. Add a Hybrid Wind Energy System definition to mean a wind energy system for powering electric vehicle charging stations, light fixtures, or other mechanical equipment for use in parking lots or public right-of-ways. Require that Hybrid Wind Energy Systems meet the CityÓs light pole height and placement requirements outlined in the lighting ordinance. 3. Change the neighborhood consent requirement from 100 percent to 60 percent for ground mounted small wind energy systems. This requirement is consistent with the neighborhood consent requirements for chicken permits. 4. Remove the requirement for an additional 25-foot setback for large wind energy systems adjacent residential property. All large wind energy systems will require a setback of 100 percent of the height of the structure, regardless of adjacent use. 5. Add clarifying language to the number of large roof mounted wind energy systems. Previously the number maximum number to be determined during the conditional use permit process. New requirements outline that the maximum number is subject to architectural considerations to minimize flickering shadows caused by the rotors spinning and visual impacts large roof mounted wind energy system. Solar Energy Section 1. Remove the requirement to distribute excess solar energy generated on site to the grid. Allow excess energy to be stored on site. 2. Require that ground mounted community solar gardens one acre in size or larger install native plantings that meet the Board of Soil and Water beneficial habitat standards. 3. Add regulations for community solar gardens to include: a. Roof mounted community solar gardens: Permitted use in any zoning district. b. Ground mounted community solar gardens: 1) Accessory Use: a) Permitted in any zoning district if under one acre. b) Conditional use permit in any zoning district if over one acre. 2) Primary Use: a) Conditional use permit in any zoning district regardless of size. Council Packet Page Number 117 of 146 J3 4. Add regulations for solar canopies including: a. Solar canopy definition to mean a structure that provides shade to vehicles or people and includes a solar energy system that provides electric power. Including, but not limited to, carports, mass transit shelters, pavilions, pergolas with solar arrays. b. Permitted accessory use in any zoning district to include meeting all setback requirements of accessory uses. Geothermal Energy Section 1. Remove the requirement to distribute excess geothermal energy generated on site to the grid. Allow excess energy to be stored on site. Attachments: 1. Renewable Energy Ordinance 2. Resolution Authorizing Publication by Title and Summary 3. Comparison of 2011 to 2023 Renewable Energy Ordinance Council Packet Page Number 118 of 146 J3, Attachment 1 Ordinance No. _______ An Ordinance Regulating Renewable Energy Systems (Wind, Solar, Geothermal) The Maplewood City Council ordains as follows: Section I. Sections 18-201 and 18-202 (Environment and Natural Resources Purpose and Intent) of the Maplewood City Code are hereby amended to read as follows (deletions are crossed out and additions and underlined): Sec. 18-201. Purpose. ote energy independence and The purpose of this article is to protect significant natural features and prom local food production which: (1) Preserve the natural character of neighborhoods. (2) Protect the health and safety of residents. (3) Protect water quality and minimize stormwater runoff. (4) Prevent erosion or flooding. (5) Control or eliminate soil erosion and sedimentation. (5)Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, Minn. Stats. § 116G.01 et seq. the Minnesota Policy Act of 1973; and the governor's critical area designation order, Executive Order 130, dated November 23, 1976. (6) Encourage renewable energy systems that have a positive impact in energy conservation, with limited adverse impact on the community. (7) Maintain slope stability and existing drainage patterns. (8) Promote local production of food with Community and Market Gardens. Sec. 18-202. Applicability. (a)This article shall apply to any person or use that would alter a significant natural feature, add a renewable energy source, or create a Community or Market Garden. (b)Public and semipublic projects, such as streets, utilities and parks, whether built by a public agency or private developer, shall be subject to this article, except that the city council may waive these requirements where there would be a greater public need for the project than to meet the requirements of this article. A public hearing shall be held before declaring such a waiver. The property owners within 350 feet of the site shall be notified at least ten days before the hearing. Section II. Sections 18-301 and 18-302 (Renewable Energy Scope and Purpose) of the Maplewood City Code are hereby amended to read as follows (deletions are crossed out and additions are underlined): Sec. 18-301. - Scope. This division applies to the regulations of on-site renewable energy systems within the City of Maplewood, Ramsey County, Minnesota. The division focuses on wind turbines, solar systems, and geothermal ground-source heat pumps which are located on the site for which the generation of energy will be used, with excess energy distributed into the electrical grid. Sec. 18-302. Purpose and intent. It is the goal of the city to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural resources to maintain and enhance this quality of life. Cities are enabled Council Packet Page Number 119 of 146 J3, Attachment 1 to regulate land use under Minnesota. Statutes. Chapter chs. 394 and462 (Zoning and Planning) for the purpose of "promoting the health, safety, morals, and general welfare of the community." As part of this regulatory power, Maplewood believes it is in the public interest to encourage renewable energy systems that have a positive impact in energy conservation, with limited adverse impact on the community. While Maplewood strongly encourages increased energy conservation and improved energy efficiency, the city also finds that increased use of appropriate renewable energy systems will be an important part of improving urban sustainability. The renewable energy regulations are intended to supplement existing zoning ordinances and land use practices, and ensure these systems are appropriately designed, sited and installed. These regulations are in place to balance the need to improve energy sustainability through increased use of renewable energy systems with concerns for preservation of public health, welfare, and safety, as well as environmental quality, visual and aesthetic values, and existing neighborhood social and ecological stability. With these regulations, Maplewood is concerned that renewable energy systems, particularly wind energy systems, be designed to minimize the negative impacts on bird and bat species which that are vulnerable to mortality from these energy-gathering machines. Section III. The following definitions contained in Section 18-321(a) (Wind Energy Sources and Systems) are hereby added and/or amended to read as follows (additions are underlined, deletions are crossed out): Sec. 18-321. - Wind energy sources and systems. trical power from one or more wind turbine(s) or Feeder line means any power line that carries elec individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high-voltage transmission systems, the point of interconnection shall be the substation serving the WECS. Hybrid Small WECS include light fixtures and mechanisms for powering electric vehicle charging stations, light fixtures, or other mechanical equipment for use in parking lots or in public right of way with a wind power element. Large WECS means a WECS of equal to or greater than 100kW in total nameplate generating capacity. The energy must be used on site with excess energy distributed into the electrical grid. Large WECS are limited to 125 feet in height. Small WECS means a WECS of less than 100kW in total nameplate generating capacity. The energy must be used on site with excess energy distributed into the electrical grid.Small WECS are limited to 60 feet in height. WECS means a wind energy conversion system which is an electrical generating facility comprised of one or more wind turbines and accessory facilities, including, but not limited to, power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy must be used on site with excess energy distributed into the electrical grid. Section IV. Section 18-322 (a)(1)(a) and (d) (Wind Energy Conversion System Districts) is hereby amended to read as follows and Section 18-322 (a)(2) is deleted. Section 18-322 (b) is hereby amended to read as follows (additions are underlined and deletions are crossed out): Sec. 18-322. - WECS districts. (a) Large WECS districts. (1) Ground- and roof-mounted large WECS shall be allowed as an accessory use with approval of a conditional use permit as outlined in subsection (d) (conditional use permit procedure) in the following zoning districts and land use designations: Council Packet Page Number 120 of 146 J3, Attachment 1 a. In all properties located in commercial zoning districts (heavy manufacturing, light manufacturing, business commercial, business commercial modified, limited business commercial, commercial office, neighborhood commercial ,and shopping center). . . . ll properties guided as government, or institutional, or park in the city's land d. In a use designations of the comprehensive plan. (2) Ground- and roof-mounted large WECS shall be prohibited in all properties guided as park or open space in the city's land use designations of the comprehensive plan. (b) Small WECS districts. (1) Roof-mounted small WECS shall are a permitted accessory use be deemed permissible in all zoning districts. (2) Ground-mounted and Hybrid small WECS are a permitted accessory use shall be deemed an accessory structure, permissible in the following zoning districts and land use designations: a. In all properties located in commercial zoning districts (heavy manufacturing, light manufacturing, business commercial, business commercial modified, limited business commercial, commercial office, neighborhood commercial, and shopping center). b. In all properties located in multiple dwelling residential zoning districts (multiple dwelling residential and multiple dwelling residential townhouse) for purposes of shared WECS energy production among the residential dwelling units. c. In all properties approved as a planned unit development for purposes of shared WECS energy production among the businesses/organizations, residential dwelling units, or adjoining businesses/organizations/residential dwelling units. d. In all properties guided as government, or institutional or park in the city's land use designations of the comprehensive plan. e. In all properties guided as park in the city's land use designations of the comprehensive plan. (3) Ground-mounted small WECS are a permitted accessory use shall be deemed an accessory structure, permissible in double or single dwelling residential zoning districts if the following neighborhood consent requirements are met: Written consent of 60 100 percent of the owners or occupants of privately- or publicly- owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant's property lines are 150 feet or more from any house. property, the Where an adjacent property consists of a multiple dwelling or multi-tenant 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 city officer deems necessary. Section V. Section 18-323 (Placement and Design) is hereby amended to read as follows (additions are underlined and deletions are crossed out): Sec. 18-323. - Placement and design. ounted WECS. (a) Ground-m Council Packet Page Number 121 of 146 J3, Attachment 1 (1) Height. a. Large WECS shall have a total height, including tower and blade to its highest point of travel, of no more than 125 feet. b. Small WECS shall have a total height, including tower and blade to its highest point of travel, of no more than 60 feet. c. Hybrid small WECS shall have a total height as outlined in Section 44-20 (c)(1)(f). (2) Placement. a. Large WECS shall be located as follows: 1. Shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the visibility of the large WECS or would lessen the negative impacts of such a WECS on nearby properties. 2. Have a minimum setback distance from the base of the monopole of one times the height from any property line, electric substation, transmission line, or other WECS. In addition, the setback distance must be increased by 25 feet from any property that is zoned or planned for residential. 3. Have a minimum setback distance from the base of the monopole of one and one-half times the height from any public right-of-way, occupied structure, or public use area. 4. Have a minimum setback distance from the base of the monopole of 600 feet from any property guided as park or open space in the city's land use designations of the comprehensive plan. 5. Have a minimum setback distance from the base of the monopole of one-fourth mile or 1,320 feet from any bluff. 3. Maintain setbacks to bluffs as outlined in Section 18-463. b. Small WECS shall be located: 1. Shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the visibility of the small WECS or would lessen the negative impacts of such a WECS on nearby properties. 2. Have a minimum setback distance from the base of the monopole of one times the height from any property line, public right-of-way, electric substation, transmission line, or other WECS. c. Hybrid Small WECS shall follow requirements outlined in Section 44-20(1). (3) Number CS. One large WECS shall be allowed on a single lot up to five acres a. Large WE of one to five acre(s). All other larger parcels will be limited to one large WECS per five acres of land area. b. Small WECS. One small WECS shall be allowed on a single lot up to one acrein size. All other larger parcels will be allowed one small WECS per five acres one acre of land area. (4) Design Council Packet Page Number 122 of 146 J3, Attachment 1 a. Tower Configuration. All ground mounted WECS shall: 1. Be installed with a tubular, monopole type tower. 2. Have no guyed wires attached to the tower or other components. 3. Have no ladder, step bolts, rungs, or other features used for tower access to extend within eight feet of the ground. Lattice-style towers shall have a protective barrier to prevent unauthorized access to the lower eight feet of the tower. b. Signs. A WECS operator is required to provide a single posting, not to exceed four square feet, at the base of a WECS prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator. (b) Roof-mounted WECS. (1) Height. a. Large roof-mounted WECS: 1. Total height of not more than 25 feet, measured from the top of the roof to the blade tip at its highest point of travel. b. Small roof-mounted WECS: 1. Total height of not more than 25 feet, measured from the top of the roof to the blade tip at its highest point of travel. 2. Residential installation. In addition to the 25-foot height restriction for the small roof-mounted WECS, the height of the WECS and the structure on which it is attached must not exceed the maximum height allowed in the residential zoning district for which it is installed. (2) Placement. Roof-mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure. (3) Number. a. Large roof-mounted WECS. To minimize flickering shadows caused by the rotors spinning and visual impacts of roof-top large roof-mounted WECS, tThe maximum number of large roof-mounted WECS shall besubjectedto general architectural considerations including the height, bulk and area of the building; colors and materials to be used; and the physical and architectural relationship of the proposed large roof-mounted WECS with existing buildingapproved through the conditional use permit process. b. Small roof-mounted WECS. No more than three roof-mounted small WECS shall be installed on any rooftop. Section VI. Section 18-325(a)(6) (Wind Energy Conversion Systems General Standards) is hereby deleted and sections 18-325(a)(7), 18-325 (b)(1) and (c)(1) are amended to read as follows (additions are underlined and deletions are crossed out): (a) The following provisions shall apply to all WECS erected under the provisions of this division: (6) Commercial installations: All WECS shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total on-site demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. Council Packet Page Number 123 of 146 J3, Attachment 1 (7) Feeder lines: Any lines accompanying a WECS, other than those contained within the WEC’s tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which that the lines accompanying a WECS can be attached. (b) In addition to the provisions outlined in subsection 18-321(e) (1)Section 325 (General Standards) above, the following provisions will apply to large WECS erected under the provisions of this division: bine paint color and high levels of ultraviolet and infrared components of paint (1) Color. Tur could have an impact on the attraction of insect species to the structure, which may attract birds and bats and cause bird and bat mortality. As such, turbine paint color may be approved as part of the conditional use permit process and must be shown to reduce the negative impacts to birds and bats and be a non-obtrusive color so not to cause negative visual impacts to surrounding properties. (c) In addition to the provisions outlined in subsection 18-321(e)(1) Section 325 (General Standards) above, the following provisions will apply to small WECS erected under the provisions of this division: bine paint color must be a nonobtrusive color so not to cause negative visual (1) Color. Tur impacts to surrounding properties. Section VII. Chapter 18, Article V, Division 5, Subdivision III (Solar Energy) is hereby amended to read as follows (additions are underlined and deletions are crossed out): Subdivision III. - Solar Energy Sec. 18-351. - Solar energy sources and systems. (a) Definitions, solar energy sources and systems. The following words, terms and phrases, when used in this section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Beneficial Habitat Standards means standards consistent with Minnesota Statutes, section 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources (BWSR). Building-integrated solar system means an active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings. Community Solar Garden means a solar energy system that provides electric power (or a financial proxy for electric power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. Ground-mounted solar energy system panels means freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Hybrid Solar Fixtures include light fixtures and mechanisms for powering electric vehicle charging stations, light fixtures, or other mechanical equipment for use in parking lots or in public right of way with a wind power element. Photovoltaic system means an active solar energy system that converts solar energy directly into electricity. Roof-or building-mounted Solar Energy System SES means solar energy system(panels) that are is mounted to the roof or building using brackets, stands or other apparatus. Council Packet Page Number 124 of 146 J3, Attachment 1 Roof pitch means the final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12. Solar access means a view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. standard time on any day of the year. tructure that provides shade to vehicles or people and includes a solar Solar canopy means a s energy system that provides electric power. Including, but not limited to, car ports, mass transit shelters, pavilions, pergolas with solar arrays. Solar collector means a device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar energy system (SES) means an active solar energy system that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. SES can be roof, building, structure, or ground mounted. Solar hot water system means a system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. Sec. 18-352. - Districts. Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts. (a) Ground, roof, building mounted SES and hybrid solar fixtures are a permitted accessory use in all zoning districts. (b) Solar canopies are a permitted accessory use in all zoning districts. (c) Community Solar Gardens: (1) Roof or building mounted community solar gardens are a permitted accessory use in all zoning districts. (2) Ground mounted community solar gardens that are one acre in size and under are a permitted accessory use in all zoningdistricts. (3) Ground mounted community solar gardens that are greater than one acre in size shall be allowed as an accessory use with approval of a conditional use permit in all zoning districts. (4) Ground mounted community solar gardens of any size shall be allowed as a primary use with approval of a conditional use permit in all zoning district. Sec. 18-353. - Placement and design. (a) Height. (1) Roof or building mounted SES shall not exceed the maximum allowed height are allowed to be ten (10) feet higher at maximum tilt than the height of a building in any zoning district. For purposes for height measurement, solar systems other than building- integrated solar systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices. (2) Solar canopies: Council Packet Page Number 125 of 146 J3, Attachment 1 a. Residential: shall not exceed the height of an accessory building in any residential zoningdistrict when oriented at maximum tilt. b. Commercial: shall not exceed the height of a primary building in any commercial zoning district when oriented at maximum tilt. (23) Ground-mounted SES: a. Residential: shall not exceed the height of an allowed accessory structure building with in the any residential zoning district when oriented at maximum tilt. b. Commercial: shall not exceed the height of a primary building in any commercial zoning district when oriented at maximum tilt. (4) Hybrid solar fixtures: shall have a total height as outlined in Section 44-(20)(c)(1)(f). (b) PlacementLocation. (1)Ground-mounted SES must meet the accessory structure setback for the zoning district in which it is installed. (21) Roof or building-mounted SES. The collector surface and mounting devices for roof or building mounted SES shall not extend may be located two (2) feet beyond the required setbacks of the building on which the system is mounted. (2) Solar canopies: a. Residential: shall maintain the required setbacks of an accessory building. b. Commercial: shall maintain the building setbacks for the district in which the system is located. (c3) Coverage. Ground-mounted SES: may not exceed the area restrictions placed on accessory structures within the subject zoning district. a. Residential: shall maintain the required setbacks of an accessory building. b. Commercial: shall maintain the building setbacks for the district in which the system is located. (4) Hybrid solar fixtures: shall follow requirements outlined in Section 44-20(1). (d)(c) Visibility. (1) SES shall be designed are a visible sign of the City’s commitment to blend into the architecture of the building or be screened from routine view from public rights-of-way other than alleys sustainability. The color of the solar collector is not required to be consistent with other roofing or building materials. (2) Building-integrated solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the zoning district in which the building is located. (3) Ground-mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping. (3) Ground Mounted Community Solar Gardens shall be screened from view from the public right-of-way and affected properties to the extent possible by setbacks, berming, existing vegetation, landscaping, or a combination thereof. (d) Design. (1) Ground Mounted Community Solar Gardens a. Large-scale removal of mature trees on the site is discouraged. Removal of significant trees on the site must comply with the tree preservation ordinance. Council Packet Page Number 126 of 146 J3, Attachment 1 b. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard consistent with Minnesota Statutes, section 216B.1642, or successor statutes and guidance as set by Minnesota Board of Water and Soil Resources. c. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. d. The applicant shall submit a financial surety to equal 150 percent of the costs to meet the beneficial habitat standard. The financial guarantee shall remain in effect until vegetation is sufficiently established. Sec. 18-354. - General standards. (a) Notification. Prior to the installation or erection of a SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement. (b)(a) Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which that the lines accompanying an SES can be attached. (c) Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. (d)(b) Restrictions on SES limited. No homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Maplewood shall restrict or limit solar systems to a greater extent than Maplewood's renewable energy ordinance. (e)(c) Maplewood encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed must be consistent with Minn. Stats. § 500.30. Sec. 18-355. – Conditional Use Permit Procedure for Solar. Procedures for granting conditional use permits from this ordinance are as follows: (a)In reviewing the conditional use permit the city council will follow the requirementsfor conditional use permit approvals as outlined in Article V (conditional use permits). (b) Before the city council acts on a conditional use permit the environmental and natural resources commission and the planning commission will review the following conditions of approval prior to making a recommendation to the city council: (1) Large-scale removal of significant trees on the site is discouraged. (2) The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard. (3) Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. Sec. 18-355356. - Abandonment. An SES that is allowed to remain in a nonfunctional or inoperative state for a period of 12 consecutive months, and which is not brought in operation within the time specified by the city, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. - Reserved. Secs. 18-356357—18-400. Council Packet Page Number 127 of 146 J3, Attachment 1 Section VIII. The following definitions contained in Section 18-401(a) (Geothermal Energy Sources and Systems) are hereby amended to read as follows (deletions are crossed out): Subdivision IV. - Geothermal Energy Sec. 18-401. - Geothermal energy sources and systems. (a) Definitions, geothermal energy sources and systems. The following words, terms and phrases, when used in this section, shall have the meaning provided herein, except where the context clearly indicates. ystem that uses the relatively constant Ground source heat pump system (GSHPS) means a s temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on site. Section IX. Section 44-1092 (Conditional Uses) is hereby amended as follows (additions are underlined): onditional uses. Sec. 44-1092. C The city council may issue conditional use permits for the following uses in any zoning district in which they are not specifically prohibited: . . . (10) Large Wind Energy Conversion Systems (WECS) (11) Ground mounted community solar gardens that are greater than one acre in size as an accessory use. (12) Ground mounted community solar gardens as a primary use. Section X. Effective Date. This Ordinance shall be effective following its adoption and publication. Adopted by the City of Maplewood this ___ day of ______________________, 2023. _________________________________ Marylee Abrams, Mayor Attest: Andrea Sindt, City Clerk Council Packet Page Number 128 of 146 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 18, Article V, Division 5 (Renewable Energy); and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is ten pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No. _____ to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood city council has adopted Ordinance No. ____, which amends Chapter 18, Article V, Division 5 (Renewable Energy) of city code regarding regulations of on-site renewable energy systems. The ordinance amends regulations for renewable energy systems including wind turbines, solar systems, and geothermal ground-source heat pumps. In particular, it allows excess wind, solar, and geothermal energy to be stored on site; creates regulations for hybrid wind energy systems; modifies neighborhood consent requirements for ground-mounted small wind energy systems; modifies maximum number of large roof-mounted wind energy systems; and creates regulations for community solar gardens and solar canopies. The ordinance shall be effective upon adoption and publication. A full copy of the ordinance is available in the office of the city clerk. Andrea Sindt City Clerk BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the full ordinance in her office at city hall for public inspection. th Adopted by the Maplewood City Council this 13day of March 2023. Marylee Abrams Mayor ATTEST: Andrea Sindt City Clerk Council Packet Page Number 129 of 146 J3, Attachment 3 Council Packet Page Number 130 of 146 J3, Attachment 3 Council Packet Page Number 131 of 146 J3, Attachment 3 Council Packet Page Number 132 of 146 J3, Attachment 3 Council Packet Page Number 133 of 146 J3, Attachment 3 Council Packet Page Number 134 of 146 J3, Attachment 3 Council Packet Page Number 135 of 146 J3, Attachment 3 Council Packet Page Number 136 of 146 J3, Attachment 3 Council Packet Page Number 137 of 146 J3, Attachment 3 Council Packet Page Number 138 of 146 J3, Attachment 3 Council Packet Page Number 139 of 146 J3, Attachment 3 Council Packet Page Number 140 of 146 J3, Attachment 3 Council Packet Page Number 141 of 146 J3, Attachment 3 Council Packet Page Number 142 of 146 J3, Attachment 3 Council Packet Page Number 143 of 146 J3, Attachment 3 Council Packet Page Number 144 of 146 J3, Attachment 3 Council Packet Page Number 145 of 146 J3, Attachment 3 Council Packet Page Number 146 of 146