HomeMy WebLinkAbout2023-03-13 City Council Meeting MinutesA
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, March 13, 2023
City Hall, Council Chambers
Meeting No. 05-23
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was
called to order at 7:00 p.m. by Mayor Abrams.
Mayor Abrams declared this the worst pothole winter and thanked our snow plow
drivers for their great job plowing. Public Works Director Love explained the repair
process, notification options and differing responsibilities for state, county, or city
maintained streets.
PLEDGE OF ALLEGIANCE
ROLL CALL
Marylee Abrams, Mayor Present
Rebecca Cave, Councilmember Present
Kathleen Juenemann, Councilmember Present
Chonburi Lee, Councilmember Present
Nikki Villavicencio, Councilmember Present
APPROVAL OF AGENDA
The following items were added to Council Presentations:
Spring Clean -Up
Newsletter
Councilmember Juenemann moved to approve the agenda as amended.
Seconded by Councilmember Lee Ayes — All
The motion passed.
APPROVAL OF MINUTES
1. February 27, 2023 City Council Workshop Meeting Minutes
Councilmember Juenemann moved to approve the February 27, 2023 City Council
Workshop Meeting Minutes as submitted.
Seconded by Councilmember Lee Ayes — Mayor Abrams
Councilmember Juenemann
Councilmember Lee
Abstain — Councilmember Cave
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Councilmember Villavicencio
The motion passed.
2. February 27, 2023 City Council Meeting Minutes
Councilmember Lee moved to approve the February 27, 2023 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Juenemann Ayes — Mayor Abrams
Councilmember Juenemann
Councilmember Lee
Abstain — Councilmember Cave
Councilmember Villavicencio
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave an update to the council calendar and reviewed other
topics of concern or interest requested by councilmembers.
2. Council Presentations
Spring Clean -Up
Councilmember Juenemann relayed Spring Clean -Up will be held Saturday, April 22
from 8:00 a.m. — 1:00 p.m. at Aldrich Arena.
Newsletter
Councilmember Lee recommended articles be added to the Maplewood Living
newsletters highlighting "Did you know?" or "Small business highlights".
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 item G3 and G6 were highlighted.
Councilmember Cave moved to approve agenda items G1-G6.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
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1. Approval of Claims
Councilmember Cave moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 249,216.21 Checks # 110502 thru # 110515
dated 2/28/23
$ 1,080,247.22 Checks # 110516 thru # 110556
dated 3/07/23
$ 920,180.77 Disbursements via debits to checking account
dated 02/20/23 thru 03/05/23
$ 2,249,644.20 Total Accounts Payable
PAYROLL
$ 643,786.67 Payroll Checks and Direct Deposits dated 3/03/23
$ 643,786.67 Total Payroll
$ 2,893,430.87 GRAND TOTAL
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
2. Ordinance Repealing the Housing and Economic Development Commission
Councilmember Cave moved to approve the ordinance repealing the Housing and
Economic Development Commission.
Ordinance 1036
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:
DIVISION 9. — Reserved.
Secs. 2-335 — 2-345. Reserved.
SECTION II. This Ordinance shall be effective upon its adoption and publication.
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Seconded by Councilmember Juenemann Ayes — All
The motion passed.
3. Ramsey County Public Works to Perform 2023 Street Striping
Councilmember Cave moved to authorize Ramsey County Public Works to perform City
Davement striaina needs. in an amount estimated at $30.000.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
4. Bituminous Material Purchases for 2023 Season
Councilmember Cave moved to authorize the Street Superintendent to purchase
bituminous materials in an amount uD to $85.000 for the 2023 street maintenance
season_
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
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
Councilmember Cave moved 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 Countv Road D E #135.
Resolution 23-03-2182
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.
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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.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
6. Resolution to Accept Assistance to Firefighters Grant
Councilmember Cave moved to approve the resolution accepting the Assistance to
Firefighters Grant.
Resolution 23-03-2183
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
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
H. PUBLIC HEARINGS — If you are here fora 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)
Public Works Director Love gave the staff report.
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Councilmember Juenemann moved to approve the Resolution Ordering the
Improvement for the Myrtle -Sterling Area Street improvements, City Project 22-16 (4
affirmative votes are required to approve this resolution).
Resolution 23-03-2184
ORDERING IMPROVEMENT
WHEREAS, pursuant to a resolution of the City Council adopted February 131n
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:
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 the 131" 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 $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
$70,700
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%
Seconded by Councilmember Lee Ayes — All
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The motion passed
2. Resolution Ordering Improvement for the Wood lynn -South lawn Area Street
Improvements, City Project 22-17 (4 Votes)
Public Works Director Love gave the staff report and answered questions of the council
regarding sidewalks.
Councilmember Juenemann moved to approve the Resolution Ordering the
Improvement for the Wood lvnn-South lawn Area Street improvements. includina a
sidewalk on Radatz Avenue. Citv Proiect 22-17 (4 affirmative votes are reauired to
approve this resolution
Resolution 23-03-2185
ORDERING IMPROVEMENT
WHEREAS, pursuant to a resolution of the City Council adopted February 131n
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:
That it is necessary, cost-effective and feasible, as detailed in the
Feasibility Report, that the City of Maplewood make improvements to the
Wood lynn-Southlawn Area Street improvements, City Project 22-17.
2. Such improvements ordered as proposed in the Council resolution adopted
on this 131" 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%
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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:
1 $3,527,800
1 100%
Seconded by Councilmember Lee Ayes — All
The motion passed.
J. NEW BUSINESS
1. Conditional Use Permit Amendment Resolution, InTech, Inc., 1055 Gervais
Avenue East
Community Development Director Parr gave the presentation. Patrick Kasper, owner of
InTech, Inc., addressed council and provided additional information.
Councilmember Cave moved to approve a conditional use permit amendment resolution
for a building addition at 1055 Gervais Avenue East, subject to certain conditions of
approval.
Resolution 23-03-2186
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.
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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.
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.
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
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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 approves 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:
The proposed project must achieve all city code requirements.
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 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 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.
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9. The property shall meet the hard surface parking and minimum
space requirements as 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
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
2. Assisted Living and Memory Care Project, 1910 County Road C East
a. Conditional Use Permit and Wetland Buffer Setback Variance
Resolution
b. Design Review Resolution
Community Development Director Parr gave the presentation. Lucas Larson, with
Galahad Development, addressed council and provided additional information.
Councilmember Juenemann moved to approve a resolution for a conditional use permit
and wetland buffer setback variance for a two-story assisted living and memory care
facilitv to be constructed on the vacant land at 1910 Countv Road C East.
Resolution 23-03-2187
CONDITIONAL USE PERMIT AND WETLAND BUFFER SETBACK
VARIANCE RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows
Section 1. Background.
1.01 Lucas Larson, of Galahad Development, LLC, has requested approval of
a conditional use permit to permit a multi -family senior housing building in
the Business Commercial zoning district.
1.02 Lucas Larson, of Galahad Development, LLC, has also requested
approval for a 100-foot wetland buffer setback variance.
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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."
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.
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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.
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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.
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 approves the resolution. Approval is based on the
findings outlined in section 3 of this resolution. Approval is subject to the
following conditions:
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.
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5. For the new parking lot to connect to the existing parking lots
located on the properties at 2603 and 2607 White Bear Avenue, the
applicant shall provide copies of cross -access and parking
agreements with all affected, adjacent parcels before the issuance
of any permits. If agreements are not in place, the applicant must
maintain a five-foot setback between the new parking lot and the
shared property lines to the east.
6. Before any permits are issued, the applicant must submit a plan to
city staff showing how the potential queuing of cars onto County
Road C East due to the shared drive used by the proposed senior
housing use and the adjacent car wash will be mitigated.
7. This permit allows 72 senior housing units consisting of assisted
living and memory care units. Minor changes to this unit count may
be approved by staff.
8. The conversion of this building to independent senior housing or
multifamily housing is not approved. The applicant must seek city
council approval to revise the uses approved with this permit.
9. Storage of refuse containers should be accommodated inside the
buildings. However, outdoor storage can be provided if adequately
screened both architecturally and with landscaping. The location
should minimize visibility from the street and neighboring buildings.
No refuse storage is allowed in front of the building, adjacent to the
street.
10. Satisfy the requirements set forth in the engineering review
authored by Jon Jarosch, dated January 11, 2023.
11. Satisfy the requirements set forth in the environmental review
authored by Shann Finwall and Carole Gernes dated January 11,
2023.
Seconded by Councilmember Cave Ayes — All
The motion passed.
Councilmember Juenemann moved to approve a resolution for design review for a two-
story assisted living and memory care facility to be constructed on the vacant land at
1910 County Road C East.
Resolution 23-03-2188
DESIGN REVIEW RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
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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:
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.
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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:
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:
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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
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occupancy of the building if occupancy is in the spring or
summer.
12. All work shall follow the approved plans. The director of community
development may approve minor changes.
Seconded by Councilmember Villavicencio Ayes — All
The motion passed.
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)
Environmental Planner Finwall gave the staff report.
Councilmember Juenemann moved to approve the Renewable Energy Ordinance.
Ordinance 1037
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:
Sec. 18-201. - Purpose.
The purpose of this article is to protect significant natural features and promote energy
independence and 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.
(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.
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.
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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:
Sec. 18-301. - Scope.
This division applies to the regulations of 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.
Sec. 18-302. - Purpose.
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 to regulate land use under Minnesota Statutes Chapter 462 (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 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:
Sec. 18-321. - Wind energy sources and systems
Feeder line means any power line that carries electrical power from one or more wind turbine(s)
or 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.
Small WECS means a WECS of less than 100kW in total nameplate generating capacity
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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.
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:
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 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).
d. In all properties guided as government, institutional, or park in the city's
land use designations of the comprehensive plan.
(b) Small WECS districts.
(1) Roof -mounted small WECS are a permitted accessory use in all zoning districts.
(2) Ground -mounted and Hybrid small WECS are a permitted accessory use 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, institutional or park in the city's
land use designations of the comprehensive plan.
(3) Ground -mounted small WECS are a permitted accessory use in double or single
dwelling residential zoning districts if the following neighborhood consent
requirements are met:
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Written consent of 60 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.
Where an adjacent property consists of a multiple dwelling or multi -tenant
property, the applicant need obtain only the written consent of the owner or
manager, or other person in charge of the building. Such written consent shall
be required on the initial application and as often thereafter as the city deems
necessary.
Section V. Section 18-323 (Placement and Design) is hereby amended to read as follows:
Sec. 18-323. - Placement and design.
(a) Ground -mounted WECS.
(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:
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
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.
3. Maintain setbacks to bluffs as outlined in Section 18-463.
b. Small WECS shall be located:
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
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).
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(3) Number.
a. Large WECS. One large WECS shall be allowed on a single lot up to five
acres. All other larger parcels will be limited to one large WECS per five
acres of land.
b. Small WECS. One small WECS shall be allowed on a single lot up to one
acre. All other larger parcels will be allowed one small WECS per one
acre of land.
(4) Design.
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, the maximum number shall be subjected to general architectural
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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 building.
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:
(a) The following provisions shall apply to all WECS erected under the provisions of this
division:
(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 that the lines accompanying a WECS can be attached.
(b) In addition to the provisions outlined in Section 325 (General Standards) above, the
following provisions will apply to large WECS erected under the provisions of this
division:
(1) Color. Turbine paint color and high levels of ultraviolet and infrared components
of paint 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 impacts to birds and bats and be a non -
obtrusive color so not to cause visual impacts to surrounding properties.
(c) In addition to the provisions outlined in Section 325 (General Standards) above, the
following provisions will apply to small WECS erected under the provisions of this
division:
(1) Color. Turbine paint color must be a nonobtrusive color so not to cause visual
impacts to surrounding properties.
Section VII. Chapter 18, Article V, Division 5, Subdivision III (Solar Energy) is hereby amended
to read as follows:
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 -
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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 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 means solar energy system that is
mounted to the roof or building using brackets, stands or other apparatus.
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.
Solar canopy means a structure that provides shade to vehicles or people and includes
a solar 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.
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(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 zoning districts.
(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 are allowed to be ten (10) feet higher at maximum
tilt than the height of a building in any zoning district.
(2) Solar canopies:
a. Residential: shall not exceed the height of an accessory building in 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.
(3) Ground -mounted SES:
a. Residential: shall not exceed the height of an accessory building in 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) Location.
(1) Roof or building -mounted SES 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.
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b. Commercial: shall maintain the building setbacks for the district in which
the system is located.
(3) Ground -mounted SES:
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).
(c) Visibility.
(1) SES are a visible sign of the City's commitment to 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 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.
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) 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 that the lines accompanying a SES can be attached.
(b) Restrictions on SES limited. No homeowners' agreement, covenant, common interest
community, or other contract between multiple property owners within a subdivision of
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Maplewood shall restrict or limit solar systems to a greater extent than Maplewood's
renewable energy ordinance.
(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 requirements for
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. 18-356. - Abandonment.
A 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.
Secs. 18-357-18-400. - Reserved.
Section VIII. The following definition contained in Section 18-401(a) (Geothermal Energy
Sources and Systems) is hereby amended to read as follows:
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.
Ground source heat pump system (GSHPS) means a system that uses the relatively
constant 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.
Section IX. Section 44-1092 (Conditional Uses) is hereby amended as follows:
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Sec. 44-1092. Conditional uses.
The city council may issue conditional use permits for the following uses in any zoning district in
which they are not specifically prohibited:
(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.
Seconded by Councilmember Cave Ayes — All
The motion passed.
Councilmember Juenemann moved to approve the Resolution Authorizing Publication
and Title and Summary (4 Votes).
Resolution 23-03-2189
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1037
BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Maplewood has adopted Ordinance
No.1037, 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. 1037 to be published
in the official newspaper in lieu of the entire ordinance:
Public Notice
The Maplewood city council has adopted Ordinance No. 1037, 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
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K.
L.
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.
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.
Seconded by Councilmember Lee Ayes — All
The motion passed.
AWARD OF BIDS
None
ADJOURNMENT
Mayor Abrams adjourned the meeting at 8:29 p.m.
a,t�� J'�t�
Andrea Sindt, City Clerk
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