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HomeMy WebLinkAbout2018-05-29 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday,May 29, 2018 Maplewood City Hall–Council Chambers Meeting No.10-18 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C.ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Sign in with the City Clerk before addressing the council. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posedto the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.May 14, 2018,City Council WorkshopMinutes 2.May 14,2018,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 objectsto an item it should be removed and acted upon as a separate item. 1.Approval of Claims 2.Conditional Use Permit Revision, Beaver Lake Church, 2280 Stillwater Avenue East 3.Resolution to Adopt State Performance Measures 4.Amended Joint Powers Agreement for Ramsey County Violent Crime Enforcement Team (RCVCET) 5.Resolution Accepting Assessment Roll and Ordering Assessment Hearing for June 11, 2018, Farrell-Ferndale Area Street Improvements, City Project 17-18 6.Resolution Accepting Tree Planting Donation H.PUBLIC HEARINGS None I.UNFINISHED BUSINESS 1.Resolution Adopting Revised Assessment Roll, Londin-Highpoint Area Street Improvements. City Project 17-19 J.NEW BUSINESS 1.Mercedes Benz –Morrie’s Automotive Group, 2780 Maplewood Drive a.Comprehensive Plan Amendment Resolution (Requires Two-Thirds Majority Vote Of City Council) b.Zoning Map Amendment Resolution (Requires Two-Thirds Majority Vote Of City Council) c.Lot Division d.Conditional Use Permit Revision Resolution e.Setback Variance Resolution f.Design Review 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 651.249.2000to 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 councilmembers 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 councilmembers, 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 5:30 P.M. Monday, May 14, 2018 Maplewood City Hall – Council Chambers A.CALL TO ORDER A meeting of the City Council was held atMaplewood City Hall –Council Chambersand was called to order at5:30 p.m.by Mayor Slawik. B.ROLL CALL Nora Slawik, MayorPresent Marylee Abrams, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Bryan Smith, CouncilmemberPresent – Arrived at 5:39 p.m. Tou Xiong, CouncilmemberPresent – Arrived at 5:39 p.m. C.APPROVAL OF AGENDA Councilmember Abrams movedto approve the agenda as submitted. Seconded by CouncilmemberJuenemann Ayes – Mayor Slawik, Council Members Abrams and Juenemann Council Members Smith and Xiong were not present for the vote. The motion passed. D.UNFINISHED BUSINESS 1.Update on the Proposed Urban Agriculture Ordinance Amendments Assistant City Manager/HR Director Funk introduced the staff report. Environmental Planner Finwall gave thestaff report and answered questions of the council. Environmental/Code SpecialistSwanson answered additional questions of the council. 2.Continuation of Gas & Electric Franchise Fee Ordinance Assistant City Manager/HR Director Funk introduced the staff report. Finance Director Paulseth and Public Works Director/City Engineer Love gave the staff report and answered questions of the council. E.NEW BUSINESS 1.Overnight Parking Ordinance Discussion Assistant City Manager/HR Director Funk introduced the staff report.Director of Public Safety Nadeau gave the staff report and answered questions of the council. F.ADJOURNMENT MayorSlawikadjourned the meeting at 7:01p.m. May 14, 2018 1 City Council Workshop Minutes Packet Page Number 1 of 159 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 14, 2018 Maplewood City Hall – Council Chambers Meeting No. 09-18 A.CALL TO ORDER A meeting of the City Council was held atthe Maplewood City Hall – Council Chambers and was called to order at7:13 p.m. by Mayor Slawik. Mayor Slawik gave an introduction on recreation fire protocol/rules per the City’s ordinance. Director of Public Safety Nadeau gave additional information on recreational fires. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Nora Slawik, MayorPresent Marylee Abrams, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Bryan Smith, CouncilmemberPresent Tou Xiong, CouncilmemberPresent D.APPROVAL OF AGENDA The following items wereadded to the agenda under Appointments and Presentations, Council Presentations: Community Engagement Weekend with Professor David Schultz Update on the Groundbreaking for the New Veteran’s House Assemblies Project through Hamline Meeting with Communications Director Joe Sheeran Update on Weaver Elementary Leadership Day Gold Line Meeting at Carver Regional Mayor’s Meeting Police Advisory Commission Update CouncilmemberXiong moved to approve the agenda as amended. Seconded by CouncilmemberJuenemannAyes – All The motion passed. E.APPROVAL OF MINUTES 1.Approval of the April 23, 2018 City Council Workshop Minutes CouncilmemberAbrams moved to approve the April 23, 2018 City Council Workshop Minutesas submitted. May 14, 20181 City Council Meeting Minutes Packet Page Number 2 of 159 E2 Seconded by Councilmember JuenemannAyes – All The motion passed. 2.Approval of the April 23, 2018 City Council Meeting Minutes Councilmember Juenemann moved to approve the April 23, 2018 City Council Meeting Minutesas submitted. Seconded by Councilmember SmithAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update Assistant City Manager/HR Director Funk gave the calendar update.Looking into the possibility of increasing the legal age to 21 to purchase cigarettes/tobacco was added to the lists of tasked requested by the council. 2.Council Presentations Community Engagement Weekend with Professor David Schultz Councilmember Juenemann reported on the Community Engagements Assembly Program she attended. Update on the Groundbreaking for the New Veteran’s House Councilmember Abrams reported on the groundbreaking ceremony for the new veteran’s home she attended on April 26. Assemblies Project through Hamline Councilmember Abrams reported on the Assemblies Project held at Hamline University she attended on April 28. Meeting with Communications Director Joe Sheeran Councilmember Abrams reported on the meeting she had with the City’s communication director Joe Sheeran this past week. Update on Weaver Elementary Leadership Day Councilmember Xionggave an update announcement about the Leadership Day at Weaver Elementary. Gold Line Meeting at Carver May 14, 20182 City Council Meeting Minutes Packet Page Number 3 of 159 E2 Mayor Slawik reported on the Gold Line Committee Meeting at Carver Elementary School. Regional Mayor’s Meeting Mayor Slawikreported on the Regional Mayor’s meeting she attended earlier in the day. Police Advisory Commission Update Councilmember Smithgave an update on the Police Advisory Commission. 3.Approval of Proclamation Recognizing National Police Week 2018 Director of Public Safety Nadeau gave the staff report. Councilmember Juenemann read the proclamation. Councilmember Juenemann moved to approve the Proclamation Recognizing National Police Week 2018. Seconded by Councilmember AbramsAyes – All The motion passed. 4.Approval of Resolution in Support of Maplewood Gardens Rehabilitation Assistant City Manager/HR Director Funk introduced the staff report. Economic Development Coordinator Martin gave information about the report.Twin Cities Housing Development Coordinator Ken Isaacson gave the report on the project. Councilmember Juenemann moved to approve the Resolution in Support ofTwin Cities Housing Development Corporation’s Proposed Maplewood Gardens Rehabilitation. Resolution18-05-1558 Resolution in Support of Twin Cities Housing Development Corporation’s Proposed Maplewood Gardens Rehabilitation WHEREAS, Maplewood Gardens, 450 McKnight Road South, was developed in 1979 and provides an important and needed affordable housing choice for the area. WHEREAS, the City of Maplewood is committed to providing safe and well-kept affordable housing optionsfor both residents of the building and neighboring properties; and WHEREAS, Twin Cities Housing Development Corporation is in the process of applying to funders, including, but not limited to, Ramsey County Community and Economic Development and Minnesota Housing Finance Agency for funds to purchase and rehabilitate the development to assure its quality and stability for the future; and May 14, 20183 City Council Meeting Minutes Packet Page Number 4 of 159 E2 WHEREAS, several funders require a resolution of support from the local municipality, WHEREAS, the City of Maplewood supports Twin Cities Housing Development Corporation’s request to Minnesota Housing to underwrite the property with a "State Designated Basis Boost" providing the project with additional financial resources from the State of Minnesota. NOW, THEREFORE, ITIS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that the City of Maplewood supports Twin Cities Housing Development Corporation’s efforts to fund the purchase and rehabilitation of Maplewood Gardens at 450 McKnight Road South in Maplewood, Minnesota. Seconded by Councilmember AbramsAyes – All The motion passed. 5.Approval of Tennis Sanitation Recycling Collection Annual Review Environmental/Code Specialist Swanson gave the staff report. Willie Tennis with Tennis Sanitation addressed the council to give additional information. Councilmember Juenemann moved to approve the Tennis Sanitation’s Recycling Collection Annual Review to include the 2017 Recycling Year End Report and the 2018 Recycling Work Plan. Seconded by Councilmember XiongAyes – All The motion passed. 6.Approval of Republic Services Trash and Yard Waste Collection Annual Review Environmental/Code Specialist Swanson gave the staff report. Romack Franklinwith Republic Services addressed the council to give additional information. Councilmember Juenemann moved to approve Republic Services Trash and Yard Waste Collection Annual Review to include the 2017 Trash and Yard Waste Collection Annual Report and the 2018 Trash and Yard Waste Collection Work Plan. Seconded by Councilmember XiongAyes – All The motion passed. G.CONSENT AGENDA Councilmember Abrams moved to approve agenda items G1-G7. Seconded by CouncilmemberJuenemannAyes – All The motion passed. May 14, 20184 City Council Meeting Minutes Packet Page Number 5 of 159 E2 1.Approval of Claims Councilmember Abrams moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 610,052.61 Checks #101496 thru #101529 dated 04/24/18 $ 321,528.25 Disbursements via debits to checking account dated 04/16/18 thru 04/20/18 $ 266,362.25 Checks #101530 thru # 101552 dated 05/01/18 $ 629,611.06 Disbursements via debits to checking account dated 04/23/18 thru 04/27/18 $ 166,249.72 Checks # 101553 thru # 101594 dated 05/08/18 $ 292,500.77 Disbursements via debits to checking account dated 04/30/18 thru 05/04/18 $ 2,286,304.66 Total Accounts Payable PAYROLL $ 679,732.26 Payroll Checks and Direct Deposits dated 04/20/18 $ 2,806.99 Payroll Deduction check # 99103217 thru # 99103221 dated 04/20/18 $ 564,860.23 Payroll Checks and Direct Deposits dated 05/04/18 $ 2,101.26 Payroll Deduction check # 99103235 thru # 99103238 dated 05/04/18 $ 1,249,500.74 Total Payroll $ 3,535,805.40 GRAND TOTAL Seconded by CouncilmemberJuenemannAyes – All The motion passed. 2.Approval of a Conditional Use Permit Review, Boaters Outlet, 2000 Rice Street CouncilmemberAbrams moved to approvethe CUP review for Boaters Outletand the project be reviewed again in one year. May 14, 20185 City Council Meeting Minutes Packet Page Number 6 of 159 E2 Seconded by CouncilmemberJuenemannAyes – All The motion passed. 3.Approval of 2017 Final Budget Adjustments CouncilmemberAbrams moved to approve budget adjustments for 2017. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 4.Approval of a Temporary Lawful Gambling - Local Permit for the St. Paul East Parks Lions Club at the Ramsey County Fair, 2020 White Bear Avenue Councilmember Abramsmoved to approve the temporary Lawful Gambling – Local thth permit for the St. Paul East Parks Lion Club on July 11through July 15at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 5.Approval of a Temporary Lawful Gambling - Local Permit for LeadingAge Minnesota Foundation at Keller Golf Course, 2166 Maplewood Drive CouncilmemberAbrams moved to approve thetemporary Lawful Gambling – Local Permit for LeadingAge Minnesota Foundation on August 8, 2018 at Keller Golf Course, 2166 Maplewood Drive. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6.Approval of Contribution for Sponsorship of District 622 Educational Foundation’s STA2RS Banquet CouncilmemberAbrams moved to approve the $530 contribution to the District 622 Education Foundation fromthe council budget. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7.Approval of Amended Resolution for 2018 Pay Rates for Temporary/Seasonal,and Casual Part-Time Employees Councilmember Abrams moved to approve theResolution Approving Amended 2018 Pay Rates for Temporary/Seasonal and Casual P/T Employees. May 14, 20186 City Council Meeting Minutes Packet Page Number 7 of 159 E2 Resolution18-05-1559 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 May 1, 2018 upon Council approval. Accountant$10.00-30.00per hour Accounting Technician$9.65-22.00per hour Administrative Assistant$9.65-23.00per hour Background Investigator$25.00-40.00per hour Building Inspector$14.00-35.00per hour Building Attendant$9.65-15.00per hour CSO$14.50-19.50per hour Election Judge$9.65-12.00per hour Election Judge - Assistant Chair$9.65-15.00 per hour Election Precinct Chair$9.65-16.00per hour Engineering Aide$9.65-16.00per hour Engineering Technician$10.00-16.00per hour Fire Maintenance Engineer$14.00-$18.00per hour Gardener$12.00-22.00per hour Intern$9.65-20.00per hour IT Technician$15.00-20.00per hour Laborer$9.65-15.00per hour Office Specialist$9.65-18.00per hour Receptionist$9.65-16.00per hour Recreation Instructor/Leader$9.65-32.00per hour Recreation Official$9.65-30.00per hour Recreation Worker$9.65-18.00per hour Vehicle Technician$9.65-15.00per hour Video Coordinator*$11.00-19.00per hour Video Technician*$10.00-18.00perhour *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. 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 Councilmember JuenemannAyes – All The motion passed. May 14, 20187 City Council Meeting Minutes Packet Page Number 8 of 159 E2 H.PUBLIC HEARINGS 1.Londin-Highpoint Area Street Improvements, City Project 17-19 a.Public Hearing 7:00 pm b.Consider Approval of Resolution Adopting Assessment Roll c.Consider Approval of Resolution Receiving Bids and Awarding Construction Contract Assistant City Manager/HR Director Funk introduced the item. Public Works Director/City Engineer gave the staff report. Mayor Slawik opened the public hearing. The following people spoke: 1. Ananth Shankar, 2460 King Avenue E. Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the resolution Adopting Assessment Roll for the Londin-Highpoint Area Street Improvements, City Project 17-19. Resolution18-05-1560 Adopting Assessment Roll WHEREAS, pursuant to resolution passed by the City Council on April 23, 2018, calling for a Public Hearing, the assessment roll for the Londin-Highpoint Area Street Improvements, City Project 17-19 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a.Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 0.5 units at the Townhome assessment rate for a total amount of $673.17. Mr. Mathison is requesting a senior citizen deferral. b.Parcel 122822210087 – Jacqueline J Adams, 2445 Londin Lane East, Unit 411. It is currently proposed to be assessed 1 unit at the Condominiums assessment rate for a total amount of $473.30. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.That the City Engineer and City Clerk are hereby instructed to review the May 14, 20188 City Council Meeting Minutes Packet Page Number 9 of 159 E2 objections received and report to the City Council at the regular meeting on May 29, 2018, as to their recommendations for adjustments. 3.The assessment roll for the Londin-Highpoint Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is herebyfound to be benefited by the proposed improvement in the amount of the assessment levied against it. 4.Such assessments shall be payable in equal annual installments extending over a period of and 15 years for all properties, the first installments to be payable on or before the first Monday in January 2019 and shall bear interest at the rate of 5.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2018, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2018, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6.The City Engineer and City Clerk shall forthwith after November 15, 2018, but no later than November 16, 2018, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember AbramsAyes – All The motion passed. Councilmember Juenemann moved to approve the resolution for Receiving Bids and Awarding Construction Contract for the Londin-Highpoint Area Street Improvements, City Project 17-19, to Park Construction Company. Resolution18-05-1561 Receiving Bids and Awarding Construction Contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of Park Construction Company in the amount of $773,900.59 is the lowest responsible bid for the construction of Londin- May 14, 20189 City Council Meeting Minutes Packet Page Number 10 of 159 E2 Highpoint Area Street Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financialtransfers necessary to implement the financing plan for the project as previously approved by the City Council. Seconded by CouncilmemberXiongAyes – All The motion passed. 2.Public Hearing to Receive Input on Tax Abatement Bonds, 2018A, for the Wakefield Park Improvement Project Assistant City Manager/HR Director Funk introduced the item. Finance Director Paulseth gave the presentation introduction. Terri Heaton, Senior Vice President with Springsted addressed the council to give the presentation. Mayor Slawik opened the public hearing. The following person spoke: 1.Kevin Berglund Mayor Slawik closed the public hearing. I.UNFINISHED BUSINESS 1.Consider Approval of Resolution Approving Property Tax Abatement Related to Infrastructure Improvements in the City of Maplewood Finance Director Paulseth gave the staff report. Councilmember Smith moved to approve the Resolution Approving Property Tax Abatement Related to Infrastructure Improvements in the City of Maplewood. Resolution18-05-1562 Resolution Approving Property Tax Abatement Related to Infrastructure Improvements in the City of Maplewood BE IT RESOLVED By the City Council (the “Council”) of the City of Maplewood, Ramsey County, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01.The City has contemplated granting a property tax abatement in order to help finance the construction of a park facility building at Wakefield Park in the City (the “Project”), which will benefit certain property in the City, all pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (the “Abatement Act”). 1.02.Pursuant toSection 469.1813, subdivision 1 ofthe Abatement Act, the City may grant an abatement of all or a portion of the taxes imposed by the City May 14, 201810 City Council Meeting Minutes Packet Page Number 11 of 159 E2 on a parcel of propertyto pay for all or part of the cost of acquisition or improvement of public infrastructure, whether or not located on or adjacent to the parcel for which the tax is abated. 1.03.The City has identified certain parcels located in the City, identified inEXHIBITA hereto (the “Abatement Property”), which will be benefitted by the Project and from which the City proposes to abate a portion of the City’s share of taxes to help finance the Project (the “Abatement”), subject to all the terms and conditions ofthis resolution. The proposed term of the Abatements will be for up to 15 years in an estimated amount not to exceed $3,000,000. 1.04.In accordance with Section 469.1813, subdivision 5 of the Abatement Act, the Council adopted a resolution on April 23, 2018,calling for a public hearing on May 14, 2018 to consider approval of the Abatements and authorizing the City Clerk to publish the notice of public hearing in substantially the form attached as Exhibit A to such resolution. A notice of public hearing was published in the Maplewood Review (a newspaper of general circulation in the City that is published at least once per week) on May 2, 2018 in accordance with the Abatement Act, providing that the total amount of the Abatements proposed to be abated was estimated not to exceed $2,045,000. Due to a calculation error, the City and its municipal advisor subsequently determined that the amount of Abatements proposed to be abated by the City should be increased to $3,300,000. To correct the amount of Abatementsset forth in the original notice of public hearing, a subsequent notice of public hearing was published in the Maplewood Review on May 9, 2018, indicating the increase in the total amount of Abatements proposed to be abated. Another notice of public hearing setting forth the total amount of Abatements to be abated, in the estimated amount not to exceed $3,300,000, was published in the Star Tribune(a newspaper of general circulation in the City that is published daily) on May 3, 2018, which date was more than 10 days but less than 30 days before the date of the hearing, as required by the Abatement Act. 1.05.The City intends to issue its general obligation bonds, a portion of which will be designated as tax abatement bonds, in the approximate aggregate principal amount of $2,610,000 (the “Abatement Bonds”) and will be issued to pay the costs of the Project pursuant to the Abatement Act and are expected to be paid primarily through the collection of Abatement revenues. 1.06.On the date hereof, the Council conducted a duly noticed public hearing on the Abatements at which the views of all interested persons were heard, and said hearing was preceded by published notice thereof in accordance with the Abatement Act. Section 2. Findings.It is hereby found and determined that: (i) the benefits to the City from the Abatements will be at least equal to the costs to the City of the Abatements; and (ii) the Abatements are in the public interest because they will provide or help acquire or construct public facilities, help provide access to services for residents of the City, and finance or provide public infrastructure. The Project financed with proceeds of the Abatement Bonds will benefit the Abatement Property because all of the public infrastructure to be constructed and paid for with Abatements will be located near the Abatement Property and the accessibility of the Project will enhance the value of the May 14, 201811 City Council Meeting Minutes Packet Page Number 12 of 159 E2 Abatement Property and promote development of the Abatement Property. Section 3. Actions Ratified; Abatement Approved. 3.01.The Council hereby ratifies all actions of the City’s staff and consultants in arranging for approval of this resolution, including publication of a revised notice of public hearing, in accordance with the Abatement Act. 3.02.Subject to the provisions of the Abatement Act, the Abatement is hereby approved and adopted subject to the following terms and conditions: (a)The term “Abatements,” as defined in Section 1.03, includes the amounts described in this Section: (i)The maximum principal amount of the Abatement Bonds will not exceed the estimated sum of the Abatements for the Abatement Property for the years authorized. (ii)Notwithstanding anything to the contrary herein, the Abatements payable in any year for a parcel will notexceed the product of the City’s total local tax rate and the total net tax capacity for such parcel. (iii)In accordance with Section 469.1813, subdivision 8 of the Abatement Act, in no year shall the Abatements, together with all other abatements approved by the City under the Abatement Act and paid in that year, exceed the greater of ten percent (10%) of the City’s net tax capacity for that year or $200,000 (the “Abatement Volume Cap”). The City may grant any other abatements permitted under the Abatement Act after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Volume Cap, the allocation of Abatement Volume Cap to such other abatements is subordinate to the Abatements hereunder. (b)The City will pay the Abatements in semiannual installments each February 1 and August 1, commencing August 1, 2019, and continuing through February 1, 2034. The City will pay the Abatements solely to finance the cost of the Project, through application of Abatements toward debt service payments on the Abatement Bonds (including any bonds issued to refund the initial Abatement Bonds). (c)This resolution may be modified only with the prior written approval of the City, and any modification is subject to Section 469.1813, subdivision 7 of the Abatement Act. (d)In accordance with Section 469.1815 of the Abatement Act, the City will add to its levy in each year during the term of the Abatement the total estimated amount of current year Abatements granted under this resolution. 3.03.The Mayor and City Managerare authorized and directed to execute and deliver any agreements, certificates or other documents that the City determines are necessary to implement this resolution. Seconded by Councilmember AbramsAyes – All May 14, 201812 City Council Meeting Minutes Packet Page Number 13 of 159 E2 The motion passed. 2.Consider Approval of Resolution Awarding the Sale of General Obligation Bonds, Series 2018A Assistant City Manager/HR Director Funk introduced the item. Finance Director Paulseth gave the presentation. Terri Heaton, Senior Vice President with Springsted gave the presentation. Councilmember Smith moved to approve the Resolution Awarding the Sale of General Obligation Bonds, Series 2018A, in the Original Aggregate Principal Amount of $7,050,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; andproviding for their payment. Resolution18-05-1563 A Resolution Awarding the Sale of General Obligation Bonds, Series 2018A, in the Original Aggregate Principal Amount of $6,940,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota (the “City”), as follows: Section 1.Background; Sale of Bonds. 1.01.Abatement Bonds. (a)The City has determined to undertake public improvements primarily consisting of the construction of a park facility building at Wakefield Park in the City (the “Abatement Project”). (b)Under Minnesota Statutes, Chapter 475, as amended, and Sections 469.1812 through 469.1815, as amended (collectively, the “Abatement Act”), the City is authorized to grant a property tax abatement on specified parcels in order to accomplish certain public purposes, including the provision or construction of public infrastructure. (c) Pursuant to a resolution adopted by the City Council of the City on May 14, 2018 (the “Abatement Resolution”) following a duly noticed public hearing, the City Council approved a property tax abatement (the “Abatements”) for certain property in the City (the “Abatement Parcels”) over a period of fifteen (15) years, in an estimated amount not to exceed $3,000,000. (d)In the Abatement Resolution, the City found and determined that the Abatement Project benefits the Abatement Parcels, and that the maximum principal amount of bonds to be secured by Abatements does not exceed the estimated sum of Abatements from the Abatement Parcels for the term authorized under the Abatement Resolution. (e)It is necessary and expedient to the sound financial management of the affairs of the City to issue general obligation bonds in the aggregate principal amount of May 14, 201813 City Council Meeting Minutes Packet Page Number 14 of 159 E2 $2,565,000 (the “Abatement Bonds”), pursuant to the Abatement Act, to provide financing for a portion of the Abatement Project. 1.02.Improvement Bonds. (a)Certain assessable public improvements designated as the Farrell- Ferndale Area Improvements, Project 17-18 and the Londin-Highpoint Street Improvements, Project 17-19 (collectively, the “Assessable Improvements”) have been made, duly ordered or contracts let for the construction thereof pursuant to the provisions of Minnesota Statutes, Chapters429 and 475, as amended (collectively, the “Improvement Act”). (b)It is necessary and expedient to the sound financial management of the affairs of the City to issue general obligation bonds in the aggregate principal amount of $4,375,000 (the “Improvement Bonds”), pursuant to the Improvement Act, to provide financing for the Assessable Improvements. 1.03.Issuance of General Obligation Bonds. The City Council finds it necessary and expedient to the sound financial management of the affairs of the City to issue the City’s General Obligation Bonds, Series2018A (the “Bonds”), in the original aggregate principal amount of $6,940,000, pursuant to the Abatement Act and the Improvement Act (together, the “Act”), to provide financing for the Abatement Project and the Assessable Improvements. 1.04.Award to the Purchaser and Interest Rates. The proposal of Northland Securities, Inc. (the “Purchaser”) to purchase the Bonds described in the Terms of Proposal is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $7,102,234.60 (par amount of $6,940,000.00, plus an original issue premium of $228,610.60, less an original issue discount of $17,009.70, less underwriter’s discount of $49,366.30), plus accrued interest to date of delivery, if any, for Bonds bearing interest as follows: YearInterest RateYearInterest Rate 20203.000%20264.000% 20214.00020273.000 20224.00020283.000 20234.0002032*3.000 20244.00020333.000 20254.00020343.000 ________________________ * Term Bond True interest cost: 2.9166900% 1.05.Purchase Contract. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.06.Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds, pursuant to the Act, in the total principal amount of $6,940,000, originally datedas of June 14, 2018, in the denomination of $5,000 each or any integral May 14, 201814 City Council Meeting Minutes Packet Page Number 15 of 159 E2 multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: YearAmountYearAmount 2020$355,0002026$450,000 2021370,0002027465,000 2022380,0002028485,000 2023395,0002032*2,070,000 2024415,0002033555,000 2025430,0002034570,000 ________________________ * Term Bond (a)$2,565,000 of the Bonds (the Abatement Bonds), maturing on February 1 in the years and the amounts set forth below, will be used to finance the construction of the Abatement Project: YearAmountYearAmount 2020$130,0002026$165,000 2021135,0002027170,000 2022140,0002028180,000 2023145,0002032*770,000 2024155,0002033205,000 2025160,0002034210,000 ________________________ * Term Bond (b)The remainder of the Bonds in the principal amount of $4,375,000 (the ImprovementBonds), maturing on February 1 in the years and the amounts set forth below, will be used to finance the construction of the Assessable Improvements: YearAmountYearAmount 2020$225,0002026$285,000 2021235,0002027295,000 2022240,0002028305,000 2023250,0002032*1,300,000 2024260,0002033350,000 2025270,0002034360,000 ________________________ * Term Bond 1.07.Optional Redemption. The City may elect on February 1, 2026, and on any day thereafter to prepay Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturityto be redeemed and each participant will then select by lot the beneficial May 14, 201815 City Council Meeting Minutes Packet Page Number 16 of 159 E2 ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.08.Mandatory Redemption; Term Bond. The Bond maturing on February 1, 2032 shall hereinafter be referred to as the “Term Bond.” The principal amount of the Term Bond subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bond credited against future mandatory sinking fund redemption of such Term Bond in such order as the City shall determine. The Term Bond is subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: Sinking Fund Installment Date February 1, 2032Term BondPrincipal Amount 2029$495,000 2030510,000 2031525,000 2032*540,000 ____________________ * Maturity Section 2.Registration and Payment. 2.01.Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02.Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date,in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2019, to the registered owners of record thereof as of the close of business on the first day of the month of such interest payment date, whether or not such day is a business day. 2.03.Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the“Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a)Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b)Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied bya written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an May 14, 201816 City Council Meeting Minutes Packet Page Number 17 of 159 E2 attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c)Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d)Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e)Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f)Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g)Taxes, Fees andCharges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h)Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i)Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds tobe redeemed will be given by the Registrar by May 14, 201817 City Council Meeting Minutes Packet Page Number 18 of 159 E2 mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will ceaseto bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04.Appointment of Initial Registrar. The City appoints U.S. Bank National Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05.Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06.Temporary Bonds. The City may elect to deliverin lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3.Form of Bond. 3.01.Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form set forth in EXHIBIT B. May 14, 201818 City Council Meeting Minutes Packet Page Number 19 of 159 E2 3.02.Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4.Payment; Security; Pledges and Covenants. 4.01.Debt Service Fund. The Bonds will be payable from the General Obligation Bonds, Series2018A Debt Service Fund (the “Debt Service Fund”) herebycreated. The Debt Service Fund shall be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The City will maintain the following accounts in the Debt Service Fund: the “Abatement Account” and the “Assessable Improvements Account.” Amounts in the Abatement Account are irrevocably pledged to the Abatement Bonds, and amounts in the Assessable Improvements Account are irrevocably pledged to the Improvement Bonds. (a)Abatement Account. Abatements from the Abatement Parcels and ad valorem taxes levied for the Abatement Project are hereby pledged to the Abatement Account of the Debt Service Fund. (b)Assessable Improvements Account. Ad valorem taxes hereinafter levied and special assessments (the “Assessments”) collected for the Assessable Improvements are hereby pledged to the Assessable Improvements Account of the Debt Service Fund. 4.02.Construction Fund. The City hereby creates the General Obligation Bonds, Series 2018A Construction Fund (the “Construction Fund”). The City will maintain the following accounts in the Construction Fund: the “Abatement Account” and the “Assessable Improvements Account.” Amounts in the Abatement Account are irrevocably pledged to the Abatement Bonds, and amounts in the Assessable Improvements Account are irrevocably pledged to the Improvement Bonds. (a)Abatement Account.Proceeds of the Abatement Bonds, less the appropriations made in Section4.01(a) hereof, together with any other funds appropriated for the Abatement Project, Abatements from the Abatement Parcels and ad valorem taxes collected during the construction of the Abatement Project, will be deposited in the Abatement Account of the Construction Fund to be used solely to defray expenses of the Abatement Project described herein and in the Abatement Resolution. When the Abatement Project is completed and the cost thereof paid, the Abatement Account of the Construction Fund is to be closed and any funds remaining may be deposited in the Abatement Account of the Debt Service Fund. (b)Assessable Improvements Account. Proceeds of the Improvement Bonds, less the appropriations made in Section 4.01(b) hereof, together with any other funds appropriated for the Assessable Improvements, ad valorem taxes, and Assessments collected during the construction of the Assessable Improvements, will be deposited in the Assessable Improvements Account of the Construction Fund to be used solely to defray expenses of the Assessable Improvements and the payment of principal of and interest on the Improvement Bonds prior to the completion and payment of all costs of the Assessable Improvements. Any balance remaining in the Assessable Improvements Account after completion of the Assessable Improvements may be used to pay the cost in whole or in May 14, 201819 City Council Meeting Minutes Packet Page Number 20 of 159 E2 part of any other improvement instituted under the Improvement Act, under the direction of the City Council. When the Assessable Improvements are completed and the cost thereof paid, the Assessable Improvements Account of the Construction Fund is to be closed and any subsequent collections of Assessments and ad valorem taxes for the Assessable Improvements are to be deposited in the Assessable Improvements Account of the Debt Service Fund. 4.03.City Covenants with Respect to the Improvement Bonds. It is hereby determined that the Assessable Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time totime of the Bonds as follows: (a)The City will cause the Assessments for the Assessable Improvements to be promptly levied so that the first installment for the Assessable Improvements will be collectible not later than 2019 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Assessable Improvement financed wholly or partly from the proceeds of the Improvement Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Improvement Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and ad valorem taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Assessable Improvements, Assessments and ad valorem taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d)The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e)At least twenty percent (20%) of the cost to the City of the Assessable Improvements described herein will be specially assessed against benefited properties. 4.04.Abatement Pledge. It is determined that the principal amount of the Abatement Bonds does not exceed the estimated sum of the Abatementsfor the years authorized under the Abatement Resolution. 4.05.General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. May 14, 201820 City Council Meeting Minutes Packet Page Number 21 of 159 E2 4.06.Pledge of Tax Levy.For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (the “Taxes”) upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited on a pro rata basis to the Abatement Account and the Assessable Improvements Account of the Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBITC. 4.07.Certification to County Auditoras to Debt Service Fund Amount.It is hereby determined that the estimated collections of Abatements from the Abatement Parcels, Taxes and Assessments will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the Director of Property Records and Revenueof Ramsey County, Minnesota (the “County Auditor”) the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.08.Registration of Resolution. The City Manager is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Section 475.63 of the Act. Section 5.Authentication of Transcript. 5.01.City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts statedtherein. 5.02.Certification as to Official Statement. The Mayor and the City Manager are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds andthat to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03.Other Certificates. The Mayor, the City Manager, and the Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor and the City Manager shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. Section 6.Tax Covenant. May 14, 201821 City Council Meeting Minutes Packet Page Number 22 of 159 E2 6.01.Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the“Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. To that end, the City will comply with all requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield onthe Bonds, and the rebate of excess investment earnings to the United States (unless the City qualifies for any exemption from rebate requirements based on timely expenditure of proceeds of the Bonds, in accordance with the Code and applicable Treasury Regulations). 6.02.Not Private Activity Bonds.The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 6.03.Qualified Tax-Exempt Obligations.In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a)the Bonds are not “private activity bonds” as defined in Section 141 of the Code; (b)the City designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c)the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2018 will not exceed $10,000,000; and (d)not more than $10,000,000 of obligations issued by the City during calendar year 2018 have been designated for purposes of Section 265(b)(3) of the Code. 6.04.Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7.Book-Entry System; Limited Obligation of City. 7.01.DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.06 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository TrustCompany, New York, New York, and its successors and assigns (“DTC”). May 14, 201822 City Council Meeting Minutes Packet Page Number 23 of 159 E2 Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02.Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the“Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03.Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the“Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04.Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in May 14, 201823 City Council Meeting Minutes Packet Page Number 24 of 159 E2 accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05.Payments to Cede & Co.Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 8.Continuing Disclosure. 8.01.Execution of Continuing Disclosure Certificate.“Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02.City Compliance with Provisions of Continuing Disclosure Certificate.The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9.Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it maynevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Seconded by Councilmember AbramsAyes – All The motion passed. Mayor Slawik turned the meeting over to Councilmember/Acting Mayor Smith for the next item on the agenda. J.NEW BUSINESS 1.Consider Approval of Purchase Agreement for 2494 Harvester Avenue East Assistant City Manager/HR Director introduced the item. Environmental/Code Specialist Swanson gave the staff report. May 14, 201824 City Council Meeting Minutes Packet Page Number 25 of 159 E2 Councilmember Juenemann moved to approve the terms of the purchase agreement and authorize the City Manager to execute the agreement for the purchase of 2494 Harvester Avenue East with Keith Rott for a purchase price of $105,000; the City Attorney is authorized to approve the final format of the agreement and also approve minor modifications to the agreement; staff is also authorized to execute an agreement with an alternate bidder for no less than $100,000, if the deal with Mr. Rott is pulled before both parties close on the land purchase. Seconded by Councilmember AbramsAyes – All The motion passed. 2.Farrell-Ferndale Area Street Improvements, City Project 17-18 a.Consider Approval of Resolution Approving Plans and Specifications and Advertising for Bids b.Consider Approval of Resolution Ordering Preparation of Assessment Roll Assistant City Manager/HR Director introduced the item. Public Works Director/City Engineer gave the staff report. Councilmember Juenemann moved to approve the Resolution Approving Plans and Specifications and Advertising for Bids for the Farrell-Ferndale Area Street Improvements, City Project 17-18. Resolution18-05-1564 Approving Plans and Specifications And Advertising for Bids WHEREAS, pursuant to resolution passed by the City Council on April 9, 2018, plans and specifications for the Farrell-Ferndale Area Street Improvements, City Project 17-18, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, WHEREAS, pursuant to a resolution of the City Council adopted April 9, 2018, fixed a date for a council hearing on the proposed street improvements for the Farrell- Ferndale Area Street Improvements, City Project 17-18. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2.The City Clerkor office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly th opened and considered by the council at 10:00 a.m. on the 5day of June, 2018, at city hall and that no bids shall be considered unless sealed and filed with the clerk and May 14, 201825 City Council Meeting Minutes Packet Page Number 26 of 159 E2 accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and the award of a contract, at the regular city council meeting of June 11, 2018. Seconded by Councilmember AbramsAyes – All The motion passed. Councilmember Smith moved to approve the Resolution Ordering Preparation of Assessment Roll for the Farrell-Ferndale Area Street Improvements, City Project 17-18. Resolution18-05-1565 Ordering Preparation of Assessment Roll WHEREAS, the City Clerk and City Engineer will receive bids for the Farrell- Ferndale Area Street Improvements, City Project 17-18. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTAthat the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. Seconded by Councilmember JuenemannAyes – All The motion passed. K.ADJOURNMENT Mayor Slawikadjourned the meeting at9:25 p.m. May 14, 201826 City Council Meeting Minutes Packet Page Number 27 of 159 F1a MEMORANDUM TO:CityCouncil FROM:Melinda Coleman, City Manager DATE:May 29, 2018 SUBJECT:Council Calendar Update Introduction/Background 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 announcementsof the meetings, but a snapshot look at the upcoming meetings for theCity Council to plan their calendars. No action is required. UpcomingAgenda Items & Work Session Schedule th 1.June 11 a.Workshop:Wilder Foundation Presentation; MN East Side MnDOT Project Review June 20th–22nd Annual League of Minnesota Cities Conference in St.Cloud th June 2 Workshop:EDA Responsibilities & Possible Program Areas;Rental Housing Licensing Overview th July 9 Workshop:Street Condition Information; Nature Center Study:Preliminary Review of 2019-2023 CIP th July 2 Workshop:Marketing &Branding Discussion; Excessive Calls for Service th August 13 Workshop:Overnight Parking; 2019 Budget Preview Council Comments Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Rental Licensing Survey (EEDD/Police Coordination) – scheduled 2.Review of EDA Responsibilities and possible program areas – scheduled 3.Tobacco 21 – clarification needed Recommendation No action required. Attachments None. Packet Page Number 28 of 159 G1 MEMORANDUM Melinda Coleman, City Manager TO: Ellen Paulseth, Finance Director FROM: May 22, 2018 DATE: Approval of Claims SUBJECT: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $49,425.15Checks # 101595 thru #101629 dated 05/15/18 $677,670.44Disbursements via debits to checking account dated 05/07/18 thru 05/11/18 $494,109.52Checks #101630 thru #101668 dated 5/22/18 $470,260.32Disbursements via debits to checking account dated 05/14/18 thru 05/18/18 $1,691,465.43Total Accounts Payable PAYROLL $544,395.43Payroll Checks and Direct Deposits dated 05/18/18 $2,819.48Payroll Deduction check # 99103253 thru # 99103257 dated 05/18/18 $547,214.91Total Payroll $2,238,680.34GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. Attachments Packet Page Number 29 of 159 G1, Attachments Check Register City of Maplewood 05/10/2018 CheckDateVendorDescriptionAmount 10159505/15/201805114BOLTON & MENK, INC.GIS ASSSISTANCE - NEW PROJECTS3,496.00 05/15/201805114BOLTON & MENK, INC.PROJ 16-24 ROSELAWN/EDGERTON3,450.00 10159605/15/201800393MN DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - APRIL 1230352018508.90 10159705/15/201805311WILLIE MCCRAYSOFTBALL UMPIRES 05/02 - 05/03243.00 05/15/2018NATURAL RESOURCES RESTOR INC 10159801149PRESCRIBED BURN WAKEFIELD PARK1,175.00 05/15/2018SUBURBAN SPORTSWEAR 10159901546YOUTH BASKETBALL JERSEYS & HATS1,038.00 05/15/2018SUN LIFE FINANCIAL 10160005488PREMIUM - LIFE,LTD - MAY6,590.58 05/15/2018TOSHIBA FINANCIAL SERVICES (1) 10160105305CONTRACT 500-0395052165.59 05/15/2018TOSHIBA FINANCIAL SERVICES (1) 05305CONTRACT 500-03950650.56 05/15/2018ANCOM COMMUNICATIONS INC 10160200100800 RADIO BATTERIES1,329.50 05/15/2018APPRIZE TECHNOLOGY SOLUTIONS 10160305559ONLINE BENEFITS ADMIN FEE- MAY310.00 05/15/2018AWARDS BY HAMMOND INC 10160400142PLAQUES/LOGO RUN/SET-UP PD212.00 05/15/2018COLONIAL LIFE PROCESSING CTR 10160505786MONTHLY PREMIUM BCN:E4677316-APR345.54 05/15/2018COMMERCIAL FURNITURE SERVICES 10160603874LEGS FOR STAND DESK CONVERSIONS325.54 05/15/2018COMMERCIAL FURNITURE SERVICES 03874LEGS FOR STAND DESK CONVERSIONS300.00 05/15/2018DEARBORN NATIONAL 10160705889STD GROUP #F022290 - MAY2,314.89 05/15/2018DVS RENEWAL 10160805843LICENSE RENEWAL FIRE #672 UTV11.00 05/15/2018DVS RENEWAL 10160905843LICENSE RENEWAL POLICE #805NRC11.00 05/15/2018ELIAS METAL STUDIO 10161005912DESIGN WORK CITY HALL RAIN GARDEN350.00 05/15/2018ENTERPRISE FM TRUST 10161105618LEASE CHARGES FIRE & PD VEHICLES3,031.74 05/15/2018ENVISIO SOLUTIONS INC. 10161205826STRATEGIC IMP SOFTWARE/SUPPORT243.28 05/15/2018HOISINGTON KOEGLER GROUP INC 10161303330COMPREHENSIVE PLAN SRVS - APRIL890.00 05/15/2018JEFFERSON FIRE & SAFETY INC 10161400755PHENIX LEATHER HELMET645.00 05/15/2018KEEPRS, INC. 10161603815UNIFORM PURCHASES977.50 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES481.97 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES329.94 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES313.96 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES304.07 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES299.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES299.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES299.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES299.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES229.96 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES192.97 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES181.98 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES181.98 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES177.97 05/15/2018KEEPRS, INC.167.97 03815UNIFORM PURCHASES 05/15/201803815KEEPRS, INC.UNIFORM PURCHASES159.96 05/15/201803815KEEPRS, INC.UNIFORM PURCHASES147.96 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES144.98 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES125.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES125.98 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES124.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES119.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES90.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES89.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES89.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES75.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES75.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES74.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES68.99 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES67.98 05/15/2018KEEPRS, INC. 10161603815UNIFORM PURCHASES60.98 05/15/2018KEEPRS, INC. 03815UNIFORM PURCHASES59.99 Packet Page Number 30 of 159 G1, Attachments 05/15/201803815KEEPRS, INC.UNIFORM PURCHASES39.99 05/15/201803815KEEPRS, INC.UNIFORM PURCHASES26.97 05/15/201803815KEEPRS, INC.UNIFORM PURCHASES24.00 05/15/201803815KEEPRS, INC.UNIFORM PURCHASES15.99 05/15/201803815KEEPRS, INC.UNIFORM PURCHASES8.49 10161705/15/201800891M A M ALEGISLATIVE UPDATE EVENT - M FUNK25.00 10161805/15/201805838MINNESOTA BENEFIT ASSOCIATIONPOLICY #1545249740263.31 10161905/15/201801044MN FIRE SERVICE CERT BDINSTRUCTOR 1 CERTIFICATION EXAM115.00 10162005/15/201803989MN STATE FIRE MARSHAL DIVISIONREGISTRATION FEE - J NOVAK310.00 10162105/15/201801126NCPERS MINNESOTAMONTHLY PREMIUM - MAY480.00 10162205/15/201804807NUSS TRUCK & EQUIPMENTREPLACE REAR DIFFERENTAL#544 PARTS2,989.06 10162305/15/201800001ONE TIME VENDORREIMB B MEYER-TURF RESTORATION119.88 10162405/15/201805609OUTDOOR LAB LANDSCAPE DESIGNSPRING CLEAN-UP BOULEVARD GARDENS4,500.00 10162505/15/201800396MN DEPT OF PUBLIC SAFETYCJDN ACCESS FEE - 1ST QTR JAN-MAR1,920.00 10162605/15/201805888RAPP STRATEGIES, INC.PR CONSULTANT FEES - APRIL1,750.00 10162705/15/201801836ST PAUL, CITY OFLIGHT POLE FROST AND E SHORE1,795.50 05/15/201801836ST PAUL, CITY OFASPHALT MIX 4A457.87 05/15/201801836ST PAUL, CITY OFLIGHT POLE FROST AND E SHORE11.01 10162805/15/201801669TWIN CITIES TRANSPORT &TOWING OF VEHICLE150.00 10162905/15/201803026UPPER MIDWEST COMM POLICINGREGISTRATION FEE BIERDEMAN/BUSACK990.00 49,425.15 34Checks in this report. Packet Page Number 31 of 159 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 5/7/2018MN State TreasurerDrivers License/Deputy Registrar82,756.14 5/7/2018US Bank VISA One Card*Purchasing card items49,697.64 5/7/2018Delta DentalDental Premium2,866.51 5/7/2018U.S. TreasurerFederal Payroll Tax99,581.87 5/7/2018P.E.R.A.P.E.R.A.114,043.91 5/8/2018MN State TreasurerDrivers License/Deputy Registrar52,152.64 5/8/2018MN State TreasurerState Payroll Tax24,791.66 5/9/2018MN State TreasurerDrivers License/Deputy Registrar41,384.87 5/9/2018Delta DentalDental Premium3,271.62 5/10/2018MN State TreasurerDrivers License/Deputy Registrar101,152.62 5/11/2018MN State TreasurerDrivers License/Deputy Registrar104,815.21 5/11/2018MN Dept of Natural ResourcesDNR electronic licenses989.50 5/11/2018Optum HealthDCRP & Flex plan payments166.25 677,670.44 *Detailed listing of VISA purchases is attached. Packet Page Number 32 of 159 G1, Attachments Transaction DatePosting DateMerchant NameTransaction AmountName 04/16/201804/17/2018GALLUP INC$69.00JOSHUA ABRAHAM 04/18/201804/19/2018OLD LOG THEATRE$96.00JOSHUA ABRAHAM 04/18/201804/19/2018TOYS R US #6046$35.56JOSHUA ABRAHAM 04/19/201804/20/2018WWWSUMMITBREWINGCOM$50.00JOSHUA ABRAHAM 04/25/201804/26/2018PP*DAYTRIPPERS$357.75JOSHUA ABRAHAM 04/22/201804/23/2018CUB FOODS #1599$2.14PAUL BARTZ 04/24/201804/26/2018MENARDS MAPLEWOOD MN$37.51PAUL BARTZ 04/18/201804/20/2018OFFICE DEPOT #1090$62.79REGAN BEGGS 04/12/201804/16/2018GUITARCENTER.COM INTERNET$40.12CHAD BERGO 04/19/201804/20/2018SAMEPAGE$80.00CHAD BERGO 04/23/201804/24/2018AMAZON MKTPLACE PMTS$34.49CHAD BERGO 04/23/201804/25/2018LYNDA.COM, INC.$34.99CHAD BERGO 04/25/201804/26/2018AMAZON MKTPLACE PMTS$122.21CHAD BERGO 04/02/201804/17/2018NEXTLEVEL TRAINING$454.00BRIAN BIERDEMAN 04/20/201804/23/2018SAFARILAND, LLC$82.67BRIAN BIERDEMAN 04/20/201804/23/2018STREICHER'S MO$4,052.91BRIAN BIERDEMAN 04/20/201804/23/2018ELM CREEK ANIMAL HOSPITAL$428.31BRIAN BIERDEMAN 04/23/201804/23/2018CHEAPER THAN DIRT$18.14BRIAN BIERDEMAN 04/21/201804/23/2018MINNESOTA ASSOCIATIO$75.00OAKLEY BIESANZ 04/13/201804/16/2018GALLUP INC$69.00NEIL BRENEMAN 04/24/201804/26/2018MENARDS OAKDALE MN$156.70TROY BRINK 04/13/201804/16/2018EXCHANGE FOOD AND DRINK$32.00DANIEL BUSACK 04/23/201804/25/2018PIZZA LUCE DULUTH III$17.69DANIEL BUSACK 04/24/201804/26/2018HOLIDAY INN DULUTH FB$9.04DANIEL BUSACK 04/25/201804/27/2018KWIK TRIP 18600001867$32.86DANIEL BUSACK 04/25/201804/27/2018HARDEE'S #216$9.74DANIEL BUSACK 04/25/201804/27/2018DULUTH HOLIDAY INN$389.46DANIEL BUSACK 04/25/201804/27/2018HOLIDAY INN DULUTH FB$6.39DANIEL BUSACK 04/13/201804/16/2018SHERWIN WILLIAMS 703127$66.72SCOTT CHRISTENSON 04/25/201804/26/2018DEY APPLIANCE A$7.12SCOTT CHRISTENSON 04/26/201804/27/2018HENRIKSEN ACE HDWE$3.52SCOTT CHRISTENSON 04/17/201804/19/2018CROOKED PINT MAPLEWOOD$429.44MELINDA COLEMAN 04/23/201804/24/2018GALLUP, INC$7,125.00MELINDA COLEMAN 04/20/201804/20/2018AMAZON MKTPLACE PMTS$20.44SHAWN CONWAY 04/20/201804/23/2018AMAZON MKTPLACE PMTS$23.66SHAWN CONWAY 04/24/201804/26/2018BOUND TREE MEDICAL LLC$1,562.66SHAWN CONWAY 04/25/201804/27/2018BOUND TREE MEDICAL LLC$49.17SHAWN CONWAY 04/18/201804/19/2018CUSTOMINK LLC$830.40KERRY CROTTY 04/25/201804/27/2018EXXONMOBIL 99102253$25.70KERRY CROTTY 04/25/201804/27/2018DULUTH HOLIDAY INN$389.46KERRY CROTTY 04/23/201804/24/2018MILLS FLEET FARM 2700$29.99JOHN DUCHARME 04/24/201804/26/2018MENARDS OAKDALE MN$101.14DOUG EDGE 04/23/201804/24/2018HOPE HAVEN$2,591.50ANDREW ENGSTROM 04/19/201804/20/2018TARGET 00011858$28.89SHANN FINWALL 04/20/201804/23/2018HOLIDAY STNSTORE 0237$4.99SHANN FINWALL 04/21/201804/23/2018CUB FOODS, INC.$17.98SHANN FINWALL 04/21/201804/23/2018CARIBOU COFFEE CO #163$29.97SHANN FINWALL 04/13/201804/16/2018CINTAS 60A SAP$28.35CASSIE FISHER 04/18/201804/19/2018PANERA BREAD #601305$214.86CASSIE FISHER 04/20/201804/23/2018CINTAS 60A SAP$28.35CASSIE FISHER 04/26/201804/27/2018CINTAS 60A SAP$28.35CASSIE FISHER 04/13/201804/16/2018AMAZON.COM AMZN.COM/BILL$106.05MYCHAL FOWLDS 04/17/201804/17/2018COMCAST CABLE COMM$4.51MYCHAL FOWLDS 04/23/201804/23/2018COMCAST CABLE COMM$140.95MYCHAL FOWLDS 04/15/201804/16/2018AMAZON MKTPLACE PMTS$31.98NICK FRANZEN 04/16/201804/17/2018AMAZON MKTPLACE PMTS$66.56NICK FRANZEN 04/18/201804/19/2018IDU*INSIGHT PUBLIC SEC$202.84NICK FRANZEN 04/18/201804/19/2018IDU*INSIGHT PUBLIC SEC$63.52NICK FRANZEN Packet Page Number 33 of 159 G1, Attachments 04/18/201804/19/2018IDU*INSIGHT PUBLIC SEC$152.93NICK FRANZEN 04/24/201804/25/2018CDW GOVT #MMM6143$2,229.54NICK FRANZEN 04/13/201804/16/2018MICHAELS STORES 2744$18.23CAROLE GERNES 04/16/201804/17/2018BEST BUY MHT 00000109$54.75ALEX GERONSIN 04/18/201804/20/2018MENARDS MAPLEWOOD MN$26.83MARK HAAG 04/19/201804/20/2018GRUBER'S POWER EQUIPMENT$20.15MILES HAMRE 04/19/201804/20/2018CARPENTERS SMALL E$10.72MILES HAMRE 04/19/201804/20/2018HENRIKSEN ACE HDWE$1.44MILES HAMRE 04/19/201804/23/2018THE HOME DEPOT #2801$128.72MILES HAMRE 04/17/201804/18/2018HENRIKSEN ACE HDWE$44.72TAMARA HAYS 04/17/201804/18/2018RED WING SHOE #727$298.17TAMARA HAYS 04/25/201804/26/2018FASTENAL COMPANY01$62.01TAMARA HAYS 04/25/201804/26/2018FASTENAL COMPANY01$511.68TAMARA HAYS 04/26/201804/27/2018HENRIKSEN ACE HDWE$106.42TAMARA HAYS 04/13/201804/16/2018CUB FOODS #1599$23.94JENNY HENDRICKS 04/18/201804/19/2018FASTENAL COMPANY01$25.45GARY HINNENKAMP 04/19/201804/20/2018TESSMAN COMPANY SAINT$951.62GARY HINNENKAMP 04/23/201804/24/2018FASTENAL COMPANY01$31.84GARY HINNENKAMP 04/24/201804/25/2018FASTENAL COMPANY01$9.49GARY HINNENKAMP 04/13/201804/16/2018AMAZON MKTPLACE PMTS WWW.$248.58ANN HUTCHINSON 04/13/201804/16/2018AMAZON MKTPLACE PMTS$46.07ANN HUTCHINSON 04/16/201804/17/2018KNOWLAN'S MARKET #2$57.12ANN HUTCHINSON 04/16/201804/18/2018MENARDS MAPLEWOOD MN$82.07ANN HUTCHINSON 04/18/201804/19/2018FRATTALLONES MAHTOMEDI A$110.48ANN HUTCHINSON 04/18/201804/20/2018WILD BIRD STORE$41.96ANN HUTCHINSON 04/23/201804/24/2018BME LABSTORE$43.92ANN HUTCHINSON 04/23/201804/24/2018CAROLINA BIOLOGIC SUPPLY$307.55ANN HUTCHINSON 04/24/201804/26/2018BOARD OF AELSLAGID$122.50JON JAROSCH 04/24/201804/25/2018AMAZON.COM AMZN.COM/BILL$30.57ELIZABETH JOHNSON 04/24/201804/26/2018OFFICE DEPOT #1090$48.60ELIZABETH JOHNSON 04/24/201804/26/2018OFFICE DEPOT #1090$49.25ELIZABETH JOHNSON 04/19/201804/20/2018A-1 LAUNDRY$13.42KEVIN JOHNSON 04/10/201804/16/2018MSI*HAMLINEATHLETICS($50.00)LOIS KNUTSON 04/23/201804/24/2018PANERA BREAD #601305$91.15LOIS KNUTSON 04/23/201804/24/2018CUB FOODS #1599$15.44LOIS KNUTSON 04/13/201804/16/2018GALLUP INC($20.00)GINA KUCHENMEISTER 04/24/201804/26/2018HOLIDAY INN DULUTH FB$10.25DAVID KVAM 04/25/201804/27/2018DULUTH HOLIDAY INN$389.46DAVID KVAM 04/25/201804/27/2018HOLIDAY INN DULUTH FB$9.16DAVID KVAM 04/17/201804/19/2018OFFICEMAX/DEPOT 6164$19.39CHING LO 04/23/201804/25/2018BOARD OF AELSLAGID$245.00STEVE LOVE 04/13/201804/16/2018AIRGASS NORTH$223.59STEVE LUKIN 04/16/201804/18/2018FLEETPRIDE 570$21.04STEVE LUKIN 04/17/201804/18/2018TARGET 00011858$100.00STEVE LUKIN 04/17/201804/18/2018COSTCO WHSE #1021$74.75STEVE LUKIN 04/18/201804/19/2018CARPENTERS SMALL E$7.51STEVE LUKIN 04/19/201804/20/2018CUB FOODS #1599$160.34STEVE LUKIN 04/21/201804/23/2018NM CLEAN 1$12.75STEVE LUKIN 04/21/201804/23/2018REPUBLIC SERVICES TRASH$158.74STEVE LUKIN 04/23/201804/24/2018ASPEN MILLS INC.$642.89STEVE LUKIN 04/23/201804/24/2018ASPEN MILLS INC.$151.84STEVE LUKIN 04/23/201804/24/2018ASPEN MILLS INC.$963.55STEVE LUKIN 04/23/201804/24/2018ASPEN MILLS INC.$56.85STEVE LUKIN 04/23/201804/24/2018ASPEN MILLS INC.$98.85STEVE LUKIN 04/24/201804/25/2018ASPEN MILLS INC.$284.00STEVE LUKIN 04/26/201804/27/2018PEN*FDIC/FIRE ENGINEER$65.00STEVE LUKIN 04/19/201804/20/2018OXYGEN SERVICE COMPANY,$47.06BRENT MEISSNER 04/17/201804/18/2018EVEREST EMERGENCY VEHICLE$323.91MICHAEL MONDOR 04/17/201804/18/2018EVEREST EMERGENCY VEHICLE$14.37MICHAEL MONDOR Packet Page Number 34 of 159 G1, Attachments 04/17/201804/19/2018BOUND TREE MEDICAL LLC$46.70MICHAEL MONDOR 04/17/201804/19/2018OFFICEMAX/DEPOT 6164$25.66MICHAEL MONDOR 04/22/201804/23/2018SQ *AIRPORT TAXI$40.74MICHAEL MONDOR 04/23/201804/25/2018BOUND TREE MEDICAL LLC$19.36MICHAEL MONDOR 04/26/201804/27/2018SQ *HAIX NORTH AMERICA$368.00MICHAEL MONDOR 04/25/201804/27/2018DULUTH HOLIDAY INN$389.46SCOTT NADEAU 04/25/201804/27/2018HOLIDAY INN DULUTH FB$9.93SCOTT NADEAU 04/12/201804/16/2018THE HOME DEPOT #2801$39.99JOHN NAUGHTON 04/18/201804/19/2018HENRIKSEN ACE HDWE$21.47JOHN NAUGHTON 04/23/201804/25/2018MENARDS OAKDALE MN$31.94JOHN NAUGHTON 04/17/201804/18/2018U OF M PARKING AND TRANS$6.00MICHAEL NYE 04/13/201804/16/2018MINNESOTA GOVERNMENT FIN$15.00ELLEN PAULSETH 04/16/201804/18/2018THE HOME DEPOT #2801$49.85ROBERT PETERSON 04/12/201804/16/2018AN FORD WHITE BEAR LAK$107.14STEVEN PRIEM 04/12/201804/16/2018AN FORD WHITE BEAR LAK$79.95STEVEN PRIEM 04/12/201804/16/2018AN FORD WHITE BEAR LAK$188.76STEVEN PRIEM 04/12/201804/16/2018NORTHERN TOOL+EQUIP$32.19STEVEN PRIEM 04/13/201804/16/2018AUTO PLUS-LITTLE CANADA$119.70STEVEN PRIEM 04/16/201804/17/2018TRUCK UTILITIES INC ST PA$75.59STEVEN PRIEM 04/17/201804/18/2018AUTO PLUS-LITTLE CANADA$165.21STEVEN PRIEM 04/17/201804/18/2018TRI-STATE BOBCAT$187.16STEVEN PRIEM 04/18/201804/19/2018AUTO PLUS-LITTLE CANADA($54.69)STEVEN PRIEM 04/18/201804/19/2018AUTO PLUS-LITTLE CANADA$147.91STEVEN PRIEM 04/18/201804/19/2018AUTO PLUS-LITTLE CANADA$50.53STEVEN PRIEM 04/18/201804/19/2018AUTO PLUS-LITTLE CANADA$94.02STEVEN PRIEM 04/18/201804/20/2018AN FORD WHITE BEAR LAK$366.61STEVEN PRIEM 04/19/201804/20/2018AN FORD WHITE BEAR LAK($43.87)STEVEN PRIEM 04/20/201804/23/2018FACTORY MOTOR PARTS #19$29.74STEVEN PRIEM 04/20/201804/23/2018AUTO PLUS-LITTLE CANADA$396.24STEVEN PRIEM 04/20/201804/23/2018AUTO PLUS-LITTLE CANADA$112.36STEVEN PRIEM 04/23/201804/24/2018AUTO PLUS-LITTLE CANADA$89.61STEVEN PRIEM 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Packet Page Number 36 of 159 G1, Attachments Check Register City of Maplewood 05/17/2018 CheckDateVendorDescriptionAmount 10163005/22/201804572ETTEL & FRANZ ROOFING CO.ROOF REPAIRS-FINANCE AREA871.00 10163105/22/201800687HUGO'S TREE CARE INCTREE REMOVAL BRUCE VENTO TRAIL1,500.00 05/22/201800687HUGO'S TREE CARE INCTREE REMOVAL 2402 MONTANA750.00 10163205/22/201805311WILLIE MCCRAYSOFTBALL UMPIRES 05/07 - 05/10648.00 05/22/2018RAMSEY COUNTY-PROP REC & REV 10163301337911 DISPATCH SERVICES - APRIL31,274.65 05/22/2018RAMSEY COUNTY-PROP REC & REV 01337CAD SERVICES - APRIL6,600.00 05/22/2018RAMSEY COUNTY-PROP REC & REV 01337FLEET SUPPORT FEES - APRIL589.68 05/22/2018RAMSEY COUNTY-PROP REC & REV 01337FLEET SUPPORT FEES - APRIL305.76 05/22/2018XCEL ENERGY 10163401190ELECTRIC & GAS UTILITY4,847.39 05/22/2018XCEL ENERGY 01190ELECTRIC & GAS UTILITY262.59 05/22/2018XCEL ENERGY 01190FIRE SIRENS53.84 05/22/2018AMERICAN LIBERTY CONSTRUCTION 10163505896PROJ 17-01 MUNICIPAL BLDG IMP PMT#3308,737.76 05/22/2018ANCOM COMMUNICATIONS INC 10163600100RADIO ANTENNA AND INSTALL82.30 05/22/2018WHITE BEAR AREA CHAMBER OF COMME 10163705187MEMBERSHIP RENEWAL-D KONEWKO550.00 05/22/2018COMPASS MINERALS AMERICA INC. 10163802909ROAD SALT23,864.32 05/22/2018COMPASS MINERALS AMERICA INC. 02909ROAD SALT1,441.50 05/22/2018EMERGE ENTERPRISES INC. 10163904779MATTRESS COLLECT SPRING CLEANUP2,220.00 05/22/2018ESCAPE FIRE 10164004067REPAIR LEAK OF SPRINKLER SYSTEM260.00 05/22/2018ESCROW REFUND 10164100003ESCORW MW PARTNERS-3070 WBA N6,018.50 05/22/2018ESCROW REFUNDESCROW R COLE 2223 WHITE BEAR AVE N2,928.77 10164200003 10164305/22/201802860FEDERAL SIGNAL CORPUPGRADE OF WARNING SIRENS20,067.50 10164405/22/201805313GRAPHIC DESIGN, INC.STATIONERY ORDER307.44 05/22/201805313GRAPHIC DESIGN, INC.STATIONERY ORDER290.44 05/22/2018GRAPHIC DESIGN, INC. 05313STATIONERY ORDER161.29 05/22/2018GRAPHIC DESIGN, INC. 05313STATIONERY ORDER98.05 05/22/2018H & H WELL SERVICES 10164505911SEALING WELL AT 2494 HARVESTER1,200.00 05/22/2018HILDI, INC. 10164604982ACTUARIAL VALUATION GASB 67/681,000.00 05/22/2018HIRSHFIELD'STOTE OF ATHLETIC FIELD MARKING PAINT1,512.50 10164700671 10164805/22/201800789KATH FUEL OIL SERVICE COFILL OIL TANKS PLUS DRUM5,470.73 10164905/22/201800393MN DEPT OF LABOR & INDUSTRYPRESSURE VESSEL FIRESTATION 210.00 10165005/22/201805804NM CLEAN 1, LLCVEHICLE WASHES - APRIL138.02 05/22/2018CITY OF NORTH ST PAUL 10165101175MONTHLY UTILITIES - APRIL3,342.85 05/22/2018CITY OF NORTH ST PAUL 01175FIBER OPTIC ACCESS CHG - MAY1,000.00 05/22/2018ONE TIME VENDORREFUND AMERICAN DREAM BLDG PERMIT117.00 10165200001 10165305/22/201803151PETTY CASHSTART-UP FUNDS PASSPORT COUNTER50.00 10165405/22/201801261PHYSIO-CONTROL, INC.EMS REPORTING SOFTWARE - MAY738.67 10165505/22/201801341RAMSEY CO FIRE CHIEFS ASSNMEMBERSHIP DUES60.00 05/22/2018REGIONS HOSPITAL 10165601340MEDICAL SUPPLIES4,915.15 05/22/2018REGIONS HOSPITAL 01340MEDICAL SUPPLIES3,562.16 05/22/2018REGIONS HOSPITAL 01340MEDICAL SUPPLIES3,024.25 05/22/2018REGIONS HOSPITAL 01340MEDICAL SUPPLIES1,027.84 05/22/2018RETROFIT COMPANIES, INC. 10165705212SPRING CLEAN UP-APPLIANCES/ELECT4,185.00 05/22/2018CITY OF ROSEVILLE 10165802001PHONE SERVICE - APRIL2,431.51 05/22/2018CITY OF ROSEVILLE 02001BACKUP SUPPORT - APRIL401.00 05/22/2018S & S TREE SPECIALISTS 10165904578TREE INSPECTION SERVICES 2018884.50 05/22/2018S&P GLOBAL RATINGS 101660045632018A BOND RATING FEE14,500.00 05/22/2018SHRED-N-GO, INC. 10166105914SPRING CLEAN UP-COLLECT & SHRED800.00 05/22/2018SOMALI AMERICAN POLICE ASSOC 10166205913IN-SERVICE TRAINING500.00 05/22/2018STATE OF MINNESOTA 10166301522LAW ENFORCEMENT TRAINING225.00 05/22/2018TENNIS ROLL OFF LLC 10166405213SPRING CLEAN UP6,207.90 05/22/2018TOSHIBA FINANCIAL SERVICES (2) 10166505528CONTRACT 7950665-003327.13 05/22/2018TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-011322.91 05/22/2018TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-002308.17 Packet Page Number 37 of 159 G1, Attachments 10166505/22/201805528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-013267.41 05/22/201805528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-005251.13 05/22/201805528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-004225.29 05/22/201805528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-001202.53 05/22/201805528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-012108.80 05/22/2018TOSHIBA FINANCIAL SERVICES (2) 05528CONTRACT 7950665-01090.63 05/22/2018TRANE U.S. INC. 10166604104MCC IMPROVEMENTS18,021.00 05/22/2018TERRI WOLD 10166705705JANITORIAL SERVICES - APRIL80.00 05/22/2018Z PUPPETS ROSENSCHNOZ 10166805578ARTIST COMPENSATION (GRANT)1,869.66 494,109.52 Checks in this report. 39 Packet Page Number 38 of 159 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 5/14/2018MN State TreasurerDrivers License/Deputy Registrar108,844.18 5/15/2018MN State TreasurerDrivers License/Deputy Registrar71,266.85 5/16/2018MN State TreasurerDrivers License/Deputy Registrar59,668.74 5/16/2018Delta DentalDental Premium1,855.94 5/17/2018MN State TreasurerDrivers License/Deputy Registrar133,592.15 5/18/2018MN State TreasurerDrivers License/Deputy Registrar53,065.44 5/18/2018MN Dept of Natural ResourcesDNR electronic licenses2,824.04 5/18/2018MN Dept of RevenueSales Tax365.00 5/18/2018MN Dept of RevenueFuel Tax723.33 5/18/2018Optum HealthDCRP & Flex plan payments480.64 5/18/2018Empower - State PlanDeferred Compensation30,347.00 5/18/2018ICMA (Vantagepointe)Deferred Compensation7,227.01 470,260.32 Packet Page Number 39 of 159 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 05/18/18ABRAMS, MARYLEE473.60 05/18/18JUENEMANN, KATHLEEN473.60 05/18/18SLAWIK, NORA1,061.12523.44 05/18/18SMITH, BRYAN473.60 05/18/18XIONG, TOU473.60 05/18/18COLEMAN, MELINDA6,088.64 05/18/18FUNK, MICHAEL5,340.33 05/18/18KNUTSON, LOIS2,872.83 05/18/18CHRISTENSON, SCOTT2,353.75 05/18/18JAHN, DAVID2,192.52 05/18/18PRINS, KELLY2,367.27 05/18/18HERZOG, LINDSAY2,032.0120.65 05/18/18RAMEAUX, THERESE3,552.05 05/18/18ANDERSON, CAROLE2,035.32 05/18/18DEBILZAN, JUDY2,442.59 05/18/18OSWALD, BRENDA2,405.80 05/18/18PAULSETH, ELLEN4,908.56 05/18/18RUEB, JOSEPH3,874.18 05/18/18ARNOLD, AJLA891.73 05/18/18BEGGS, REGAN2,100.99 05/18/18EVANS, CHRISTINE2,184.99 05/18/18LARSON, MICHELLE2,185.03 05/18/18SCHMIDT, DEBORAH3,514.05 05/18/18SINDT, ANDREA3,616.83243.20 05/18/18HANSON, MELISSA1,432.91 05/18/18KRAMER, PATRICIA1,432.91 05/18/18MOY, PAMELA2,252.31 05/18/18OSTER, ANDREA2,353.95 05/18/18RICHTER, CHARLENE1,523.95 05/18/18VITT, SANDRA2,144.19 05/18/18WEAVER, KRISTINE3,142.10 05/18/18ABEL, CLINT3,385.02 05/18/18ALDRIDGE, MARK3,654.62 05/18/18BAKKE, LONN3,662.78 05/18/18BARTZ, PAUL4,600.48 05/18/18BELDE, STANLEY3,737.78 05/18/18BENJAMIN, MARKESE3,408.98 05/18/18BERG, TERESA945.00 05/18/18BERGERON, ASHLEY2,674.48 05/18/18BIERDEMAN, BRIAN4,052.26 05/18/18BURT-MCGREGOR, EMILY2,418.96 05/18/18BUSACK, DANIEL4,703.91 05/18/18CARNES, JOHN3,249.71 05/18/18CORCORAN, THERESA2,187.29 05/18/18CROTTY, KERRY4,466.43 05/18/18DEMULLING, JOSEPH4,413.79239.96 05/18/18DUALEH, AHMED464.00 05/18/18DUGAS, MICHAEL5,009.05 05/18/18ERICKSON, VIRGINIA3,702.54 05/18/18FISHER, CASSANDRA2,318.59 Packet Page Number 40 of 159 G1, Attachments 05/18/18FORSYTHE, MARCUS3,249.71 05/18/18FRITZE, DEREK4,449.47 05/18/18GABRIEL, ANTHONY4,470.44 05/18/18HAWKINSON JR, TIMOTHY3,317.25 05/18/18HENDRICKS, JENNIFER1,761.60 05/18/18HER, PHENG3,972.45 05/18/18HIEBERT, STEVEN3,927.13 05/18/18HOEMKE, MICHAEL3,249.71 05/18/18JOHNSON, KEVIN4,206.14 05/18/18KONG, TOMMY3,574.16 05/18/18KREKELER, NICHOLAS1,214.78 05/18/18KROLL, BRETT3,400.84 05/18/18KVAM, DAVID4,874.70 05/18/18LANGNER, SCOTT3,385.02 05/18/18LANGNER, TODD4,867.94 05/18/18LENERTZ, NICHOLAS2,327.86 05/18/18LYNCH, KATHERINE3,249.71 05/18/18MARINO, JASON3,416.24 05/18/18MCCARTY, GLEN3,385.02 05/18/18METRY, ALESIA4,241.27 05/18/18MICHELETTI, BRIAN3,369.50 05/18/18MOE, AEH BEL478.50 05/18/18MURRAY, RACHEL2,252.37 05/18/18NADEAU, SCOTT5,604.65 05/18/18NYE, MICHAEL4,244.95 05/18/18OLSON, JULIE3,706.81 05/18/18PARKER, JAMES3,509.55 05/18/18PETERSON, JARED3,396.49 05/18/18SALCHOW, CONNOR464.00 05/18/18SHEA, STEPHANIE1,893.79 05/18/18SHORTREED, MICHAEL4,738.82 05/18/18SLATER, TAMMY2,080.20 05/18/18STARKEY, ROBERT2,647.26 05/18/18STEINER, JOSEPH4,738.57 05/18/18SYPNIEWSKI, WILLIAM3,884.46 05/18/18TAUZELL, BRIAN3,317.25 05/18/18THIENES, PAUL4,359.56 05/18/18VANG, PAM3,396.10 05/18/18WENZEL, JAY3,446.96 05/18/18XIONG, KAO3,447.45 05/18/18XIONG, TUOYER464.00 05/18/18ZAPPA, ANDREW3,136.16 05/18/18BAUMAN, ANDREW3,627.05 05/18/18BEITLER, NATHAN2,741.12 05/18/18CONWAY, SHAWN4,015.19 05/18/18CRAWFORD - JR, RAYMOND3,385.97 05/18/18CRUMMY, CHARLES2,549.48 05/18/18DABRUZZI, THOMAS3,911.45 05/18/18DANLEY, NICHOLAS2,330.94 05/18/18DAWSON, RICHARD3,563.04 05/18/18HAGEN, MICHAEL2,852.91 05/18/18HALWEG, JODI3,323.84 05/18/18HAWTHORNE, ROCHELLE3,501.61 05/18/18KUBAT, ERIC3,624.48 05/18/18LANDER, CHARLES2,978.53 05/18/18LINDER, TIMOTHY3,501.39 05/18/18LO, CHING1,177.71 05/18/18LUKIN, STEVEN5,343.65 05/18/18MCGEE, BRADLEY2,454.15 05/18/18MERKATORIS, BRETT2,747.89 05/18/18MONDOR, MICHAEL4,893.47 Packet Page Number 41 of 159 G1, Attachments 05/18/18NEILY, STEVEN2,695.85 05/18/18NIELSEN, KENNETH2,868.88 05/18/18NOVAK, JEROME3,601.52 05/18/18PETERSON, ROBERT3,519.62 05/18/18POWERS, KENNETH3,760.37 05/18/18SEDLACEK, JEFFREY3,583.26 05/18/18STREFF, MICHAEL3,214.19 05/18/18SVENDSEN, RONALD4,005.48 05/18/18ZAPPA, ERIC3,223.33302.98 05/18/18CORTESI, LUANNE2,184.60 05/18/18JANASZAK, MEGHAN2,585.38 05/18/18BRINK, TROY3,197.07 05/18/18BUCKLEY, BRENT2,878.73 05/18/18DOUGLASS, TOM2,156.79 05/18/18EDGE, DOUGLAS2,506.10 05/18/18JONES, DONALD2,574.3050.00 05/18/18MEISSNER, BRENT2,486.49 05/18/18NAGEL, BRYAN4,372.60 05/18/18OSWALD, ERICK2,524.73 05/18/18RUIZ, RICARDO383.58 05/18/18RUNNING, ROBERT2,918.31 05/18/18TEVLIN, TODD2,518.79 05/18/18BURLINGAME, NATHAN5,449.06 05/18/18DUCHARME, JOHN3,152.71 05/18/18ENGSTROM, ANDREW3,173.30 05/18/18JAROSCH, JONATHAN3,948.28 05/18/18LINDBLOM, RANDAL3,155.03 05/18/18LOVE, STEVEN4,900.68 05/18/18ZIEMAN, SCOTT232.00 05/18/18HAMRE, MILES2,272.80 05/18/18HAYS, TAMARA2,100.41 05/18/18HINNENKAMP, GARY2,938.37 05/18/18NAUGHTON, JOHN2,692.46 05/18/18ORE, JORDAN2,325.69 05/18/18SAKRY, JASON1,961.69 05/18/18BIESANZ, OAKLEY1,701.47 05/18/18GERNES, CAROLE1,785.64 05/18/18HER, KONNIE841.50 05/18/18HUTCHINSON, ANN3,077.93 05/18/18TROENDLE, CATHY JO120.00 05/18/18WACHAL, KAREN1,092.49 05/18/18WOLFE, KAYLA247.00 05/18/18GAYNOR, VIRGINIA3,763.51 05/18/18JOHNSON, ELIZABETH1,952.19 05/18/18KONEWKO, DUWAYNE5,480.60 05/18/18KROLL, LISA2,187.31 05/18/18ADADE, JANE1,713.71 05/18/18FINWALL, SHANN3,746.79 05/18/18MARTIN, MICHAEL3,791.58 05/18/18BRASH, JASON3,661.90 05/18/18SWAN, DAVID3,209.21 05/18/18SWANSON, CHRIS2,475.39 05/18/18WEIDNER, JAMES2,623.39 05/18/18WELLENS, MOLLY2,248.54 05/18/18ABRAHAM, JOSHUA2,238.60 05/18/18BJORK, BRANDON141.00 05/18/18BRENEMAN, NEIL2,938.08 05/18/18ELLENBERGER, MATTHEW135.00 05/18/18GORACKI, GERALD30.00 05/18/18KUBAT, STEPHANIE120.00 05/18/18KUCHENMEISTER, GINA1,896.80 Packet Page Number 42 of 159 G1, Attachments 05/18/18LUSHANKO, ADAM154.00 05/18/18ROBBINS, AUDRA4,148.41 05/18/18ROBBINS, CAMDEN68.75 05/18/18VUKICH, CANDACE176.00 05/18/18WISTL, MOLLY110.00 05/18/18BERGO, CHAD3,435.59 05/18/18SCHMITZ, KEVIN2,107.69 05/18/18SHEERAN JR, JOSEPH3,569.39 05/18/18ADAMS, DAVID2,413.60 05/18/18HAAG, MARK2,739.59 05/18/18JENSEN, JOSEPH2,154.49 05/18/18SCHULTZ, SCOTT4,339.22 05/18/18WILBER, JEFFREY2,243.40 05/18/18COUNTRYMAN, BRENDA1,542.64 05/18/18PRIEM, STEVEN2,797.50 05/18/18WOEHRLE, MATTHEW2,574.01 05/18/18XIONG, BOON2,205.69 05/18/18FOWLDS, MYCHAL4,431.73 05/18/18FRANZEN, NICHOLAS3,613.99 05/18/18GERONSIN, ALEXANDER2,742.53 05/18/18RENNER, MICHAEL2,447.44 9910325105/18/18DIEZ, ANTONIO160.00 9910325205/18/18KOSTECKI, HANNAH42.00 544,395.43 Packet Page Number 43 of 159 G2 CITY COUNCILSTAFF REPORT Meeting Date May 29, 2018 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Michael Martin, AICP, Economic Development Coordinator PRESENTOR: Michael Martin, AICP, Economic Development Coordinator AGENDA ITEM:Conditional Use Permit Revision,Beaver Lake Church, 2280 Stillwater Avenue East Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The applicant is requesting city approval of a conditional use permit (CUP) revision to allow the maximum number of children on-site as regulated by the day care provider’s valid State of Minnesota license.The applicant’s existing CUP limits the site to 40childreneach day. Recommended Motion: Motionto approve theconditional use permit revision resolutionallowinga day care or preschool to operate within the buildinglocated at 2280 Stillwater Avenue East. Fiscal Impact: Is There a FiscalImpact?NoYes, the true or estimated cost is$0 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The city deemed the applicant’s application complete on April 26, 2018. The initial 60-day review deadline fora decision is June 25, 2018. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Background Beaver Lake Church, on behalf of Cori Huisenga the owner of Cori’s KidzChildcare, is requesting approval for a conditional use permit (CUP) revision to increase the number of children allowed to be onsite. City code requires the city council to approve a conditional use permit for day cares located in a zoning district that does not outright permit the use. Packet Page Number 44 of 159 G2 Discussion Conditional Use Permit The applicant approached staff with a request to increase the number of children allowed at the day care facility located within Beaver Lake Church. The use of the space within the church for either a preschool or day care was approved in 1985 and since that time there have been no concerns or issues with this use. Since the use was established more than 30 years ago and the city’s health officer confirmed there are no issues with the current provider staff feels comfortable with the city not regulatingthe specific number of children on site. This then requires the day care provider to meet and adhere to any requirements under the valid state license. The state handles inspections of all day care facilities and will ensure compliance with maximum occupancy as allowed by the license issued for this site. Department Comments Engineering Staff engineer Jon Jarosch reviewed this project and stated since there are no exterior improvements he would have no comment Building Official, Jason Brash Applicant must meet all Minnesota State Building Code requirements. Health Officer, Molly Wellens The current operator does a really good job – the city does not have any outstanding violations. Commission Review Planning Commission May 15, 2018: The planning commission held a public hearing, reviewedthis projectand unanimously recommended approval of the conditional use permit revision. Citizen Comments Staff surveyed the 108 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received nine responses – all in support of the project. In favor 1.I would like to begin by thanking you for allowing District 2 to voice an opinion on the proposed revision of conditional use permit. To date, District 2 has not received any complaint or concern regarding the property at 2280 Stillwater nor about the business Coris Kidz Childcare. Packet Page Number 45 of 159 G2 We appreciate that the proposal by Ms. Huisenga to revise her conditional use permit would not only allow for additional children served but also bring her within compliance of state code. There is a dramatic need for affordable, safe childcare in our area and we believe this revision would be an asset not only to the business, but also to the neighborhood. District 2 has no objections to this proposal. (Lisa Theis, Saint Paul District 2 Community Council) 2.I believe this is a positive move for the church and the daycare serving our community. My support is 100 percent for the passing of the permit revision. (Joanne Reinke, 2333 Olivia Court East) 3.Thank you for including the neighborhood in this decision. Our family is on boardwith the project and just ask that childcare traffic be mindful of speed limits and the large amount of foot traffic and recreation on Case Avenue, Stillwater and McKnight. (Karri and Geoffrey Bitner, 2280 Case Avenue East) 4.I think the child care business is very good for the neighborhood and welcome her expansion. (Norman and Mary Olson, 946 McKnight Road North) 5.I am not opposed as long as they have proper oversight of that many children. (Mary and Jerry Amos, 879 Lake Street) 6.Fine with us. (James and Shirley Merkling, 875 Lake Street) 7.I have no objections as long as they have enough staff to properly care for the additional children. (Mary Seemann and Cathy David, 874 Lake Street) 8.I don’t see any reason not to. The proposal makes sense to me. It would be nice to see lower speed limits on Stillwater and Lakewood. There seems to be an accident every couple of weeks at the intersection of Stillwater and McKnight/Lakewood. (Craig Herrmann, 2357 Case Avenue East) 9.As a member of the community and Beaver Lake Lutheran Church, we see the granting of this conditional use permit as meeting a need of the neighborhood and aiding BLLC in providing a safe, facility for the use of the day care center. (John and Virginia Thon, 2331 Olivia Court East) Reference Information Site Description Site Size: 8.01 acres Existing Land Use: Church Surrounding Land Uses North: Single family dwellings and water tower South: Single family dwellings and town house dwellings East: Multi-family buildings West: Single family dwellings Planning Packet Page Number 46 of 159 G2 Existing Land Use:Institution (I) Existing Zoning:Single Dwelling (R1) Past Actions December 5, 1985: The city council approved a CUP allowing up to 40 kids be onsite within the day. Attachments 1.Conditional Use Permit Resolution 2.Overview Map 3.Applicant’s Letter Packet Page Number 47 of 159 G2, Attachment 1 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Beaver Lake Church, on behalf of Cori Huisenga the owner of Cori’s Kidz Childcare has applied for a conditional use permit revision to operate a day care facility at 2280 Stillwater Avenue East. WHEREAS, conditional use permits are required for day care facilities and can be located within any zoning district within the city. WHEREAS, this permit applies to the site at 2280 Stillwater Avenue East. The legal description is: Tract A, Registered Land Survey No. 21 Tract A, Registered Land Survey No. 137 Torrens Property, Cert. No. 264833, Ramsey County, Minnesota WHEREAS, the history of this conditional use permit is as follows: 1.On May 15, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 approvethe conditional use permit revision. 2.On May 29, 2018, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above- described conditional use permit because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would 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. Packet Page Number 48 of 159 G2, Attachment 1 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation ofand incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1.Beaver Lake Lutheran Church to offer a preschool program for one year, consisting of two sessions of twenty children each and if no unresolved nuisance conditions exist at the end of the year, Council may renew the permit. 1.This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. 2.The owner/operator acquiring all necessary approvals and licenses from the state of Minnesota to operate the day care facility or preschool facility. 3.The day care center or preschool facility be maintained and operated in such a manner as to not create any nuisances for nearby properties. 4.A building permit shall be submitted for review and approval by the Building Official, prior to any construction activities on the subject property. 5.Any change of use to the building shall be submitted to the City Planner and Building Official for approval. The Maplewood City Council __________ this resolution on May 29, 2018. Packet Page Number 49 of 159 G2, Attachment 2 2280 Stillwater Avenue East April 18, 2018 City of Maplewood Legend ! I SubjectProperty 0240 Feet Source: City of Maplewood, Ramsey County Packet Page Number 50 of 159 G2, Attachment 3 Packet Page Number 51 of 159 G3 CITY COUNCIL STAFF REPORT Meeting Date May 29, 2018 REPORT TO:Melinda Coleman, City Manager REPORT FROM: Ellen Paulseth, Finance Director PRESENTER: Ellen Paulseth, Finance Director Resolution to Adopt State Performance Measures AGENDA ITEM: Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Council will consider the continuation of participation in the State Performance Measures Program. The City will receive a State grant of $5,322 for participating in 2018. Recommended Action: Motion to approve the resolution to adopt the State Performance Measures for 2018. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is less than $100. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The City has included performance measurement in its strategic plan. This resolution will allow reimbursement for some of the costs involved. Background The Council on Local Results and Innovation was created by the 2010 Legislature to set benchmarks for city and county operations. The Council adopted standards to aid taxpayers and local government officials in determining the efficacy of city and county services and to measure the community’s opinion of those services. Participation is voluntary; however, participants are eligible for a reimbursement of $0.14 per capita in local government aid (not to exceed $25,000) and are exempt from potential levy limits for taxes payable in 2019. The League of MN Cities has summarized the reporting requirements and created a survey tool to help cities fulfill the citizen survey requirement. It will not be necessary to mail a formal survey. The League typically creates an on-line survey hosted by Survey Monkey, which allows the city to share the survey link with Packet Page Number 52 of 159 G3 residents on the city website, in the city newsletter and through social media. This year, the City can use the survey it already conducted. Attachments 1. Model Performance Measures for Cities 2. Resolution Adopting State Performance Measures Packet Page Number 53 of 159 G3,Attachment1 Model Performance Measures for Cities The following are the recommended model measures of performance outcomes for cities, with alternatives provided in some cases. Key output measures are also suggested for consideration by local city officials. General: 1.Rating of the overall quality of services provided by your city (Citizen Survey: excellent, good, fair, poor) 2.Percent change in the taxable property market value 3.Citizens’ rating of the overall appearance of the city (Citizen Survey: excellent, good, fair, poor) Police Services: 4. Part I and II crime rates (Submit data as reported by the Minnesota Bureau of Criminal Apprehension. Part I crimes include murder, rape, aggravated assault, burglary, larceny, motor vehicle theft, and arson. Part II crimes include other assaults, forgery/counterfeiting, embezzlement, stolen property, vandalism, weapons, prostitution, other sex offenses, narcotics, gambling, family/children crime, D.U.I., liquor laws, disorderly conduct, and other offenses.) OR Citizens’ rating of safety in their community(Citizen Survey: very safe, somewhat safe, neither safe nor unsafe, somewhat unsafe, very unsafe) Output Measure: Police response time (Time it takes on top priority calls from dispatch to the first officer on scene.) Fire Services: 5.Insurance industry rating of fire services (The Insurance Service Office (ISO) issues ratings to Fire Departments throughout the country for the effectiveness of their fire protection services and equipment to protect their community. The ISO rating is a numerical grading system and is one of the primary elements used by the insurance industry to develop premium rates for residential and commercial businesses. ISO analyzes data using a Fire Suppression Rating Schedule (FSRS) and then assigns a Public Protection Classification from 1 to 10. Class 1 generally represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria.) OR Citizens’ rating of the quality of fire protection services (Citizen Survey: excellent, good, fair, poor) Output Measure: Fire response time (Time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire). Emergency Medical Services (EMS) response time (if applicable) (Time it takes from dispatch to arrival of EMS) Streets: 6.Average city street pavement condition rating (Provide average rating and the rating system program/type. Example: 70 rating on the Pavement Condition Index (PCI)) Packet Page Number 54 of 159 G3, Attachment 1 OR Citizens’ rating of the road condition in their city (Citizen Survey: good condition, mostly good condition, many bad spots) 7. Citizens’ rating the quality of snowplowing on city streets (Citizen Survey: excellent, good, fair, poor) Water: 8. Citizens’ rating of the dependability and quality of city water supply (centrally-provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Operating cost per 1,000,000 gallons of water pumped/produced (centrally-provided system) (Actual operating expense for water utility / (total gallons pumped/1,000,000)) Sanitary Sewer: 9. Citizens’ rating of the dependability and quality of city sanitary sewer service (centrally provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Number of sewer blockages on city system per 100 connections (centrally provided system) (Number of sewer blockages on city system reported by sewer utility / (population/100)) Parks and Recreation: 10. Citizens’ rating of the quality of city recreational programs and facilities (parks, trails, park buildings)(Citizen Survey: excellent, good, fair, poor) Packet Page Number 55 of 159 G3, Attachment 2 RESOLUTION ADOPTING STATE PERFORMANCE MEASURES WHEREAS, Benefits to the City of Maplewood for participation in the Minnesota Council on Local Results and Innovation’s comprehensive performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and WHEREAS, Any city or county participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, The City Council of Maplewood has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes; and NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of Maplewood will continue to report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, The City Council of Maplewood will submit to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. Packet Page Number 56 of 159 G4 CITY COUNCIL STAFF REPORT Meeting Date May 29, 2018 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director/Police Chief PRESENTER:Scott Nadeau AGENDA ITEM: Amended Joint Powers Agreement for Ramsey County Violent Crime Enforcement Team (RCVCET) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: City Council approval is requested to sign the amended multi-agency Joint Powers Agreement with Ramsey County for the Violent Crime Enforcement Team (VCET) as a new agency was added. Recommended Action: Motion to approve the amended JPA for the RCVET. 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: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. City Council approval is required to sign the agreement. Background In 2007, the Maplewood City Council approved the Police Department entering into a JPA with Ramsey County to participate in a multi-agency Violent Crime Enforcement Team. The most recent renewal of this agreement was signed by the City Council on October 23, 2017. On May 3, 2018, participating agencies voted to amend the JPA to add the City of Mounds View as a member of the RCVET. The new JPA needs to be re-approved as a result. Attachments 1.Joint Powers Agreement Packet Page Number 57 of 159 G4, Attachment 1 JOINT POWERS AGREEMENT OF THE RAMSEY COUNTY VIOLENT CRIME ENFORCEMENT TEAM This is an agreement between Ramsey County, a political subdivision of the State of Minnesota, and the City of Maplewood, the City of New Brighton, the City of Roseville, the City of St. Paul, the City of White Bear Lake, and the City of Mounds View, Minnesota municipalities (hereinafter collectively referred to as “the Parties”), pursuant to the provisions of Minnesota Statutes § 471.59, the Joint Powers Act (“Agreement”). WHEREAS, The Parties each have law enforcement agencies with police powers within their respective jurisdictions: Ramsey County has the Ramsey County Sheriff’s Office, the City of Maplewood has the Maplewood Police Department, the City of New Brighton has the New Brighton Police Department, the City of Roseville has the Roseville Police Department, the City of St. Paul has the St. Paul Police Department, the City of White Bear Lake has the City of White Bear Lake Police Department, and the City of Mounds View has the Mounds View Police Department(hereinafter collectively referred to as “the Agencies”); and WHEREAS, The Agencies are responsible for the enforcement of controlled substance laws in their respective jurisdictions; and WHEREAS, On February 7, 2005, Ramsey County, throughthe Ramsey County Sheriff’s Office, and the City of St. Paul, through the St. Paul Police Department, executed a Joint Powers Agreement (“JPA”) creating the East Metro Narcotics Task Force for a term of one year, with an automatic renewal clause; and WHEREAS, On January 31, 2007, the JPA was amended to add the Cities of Maplewood, Roseville, and White Bear Lake as members of the Task Force; and WHEREAS, OnJune 1, 2010, a Second Amendment to the Agreement was executed to change the name of the East Metro Narcotics Task Force to be the Ramsey County Violent Crime Enforcement Team (“RCVCET”) and to add the Cities of Lino Lakes and North St. Paul as members; and WHEREAS, Since the execution of the Second Amendment, the Cities of Lino Lakes and North St. Paul have withdrawn from the RCVCET; WHEREAS, On January 1, 2013, the Parties amended the JPAfor another one-year term, with four automatic one-year renewal terms; WHEREAS, On January 1, 2018, the Parties amended the JPA for another one-year term, with four automatic one-year renewal terms; WHEREAS,On May 3, 2018, the Partiesvoted to amendthe JPAto add the City of MoundsView as a member of the RCVCET; 231094RCVCET JPA May2018 Page 1 of 15 Packet Page Number 58 of 159 G4, Attachment 1 WHEREAS, It is the intent of the Parties that this Agreement shall constitute an amendment to the JPA, as previously amended, to be effective as provided in paragraph 15 of this Agreement; and WHEREAS, The RCVCET was formed for the purpose of enforcing controlled substance laws and investigating and prosecuting gang and violent crimes, especially felonies that have the likelihood of being related to the distribution of narcotics and/or other cases that have an impact on all Parties; and THEREFORE, The Parties agree as follows: 1.General Purpose The purpose of this Agreement is to formally create and establish the Ramsey County Violent Crime Enforcement Team (hereinafter “RCVCET”) as an organization to coordinate efforts to investigate, apprehend, and prosecute drug offenders, violent offenders, gang members and career criminals and to define the rights and obligations of the Parties with respect to the duties and activities performed by the RCVCET throughout the term of the Agreement.The RCVCET is a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. 2.Members The RCVCET is hereby established by the Parties. The RCVCET members are Ramsey County, the City of Maplewood, the City of New Brighton, the City of Roseville, the City of St. Paul, the City of White Bear Lake, and the City of Mounds View. 3.Good Faith The Parties and the Agencies shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled, and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. 4.Term of Agreement/Termination 4.1The initial term of this Agreement shall be for a one-year period, from January 1, 2018, through December 31, 2018(“Initial Term”), effective upon January 1, 2018 (“Effective Date”). 4.2 This Agreement shall automatically renew for additional one-year periods (“Renewal Term”) up to a maximum of four Renewal Terms, unless all Parties give written notice to the other Parties of their intent not to renew at least sixty (60) days prior to the end of the Initial Term or the then-current Renewal Term. 4.3 A Party may withdraw from this Agreement at any time with a 30-days written notice to the other Parties. Withdrawal shall not excuse a Party from obligations incurred prior to the effective date of withdrawal.This Agreement shall automatically terminate when all but one Party has withdrawn. 231094RCVCET JPA May2018 Page 2 of 15 Packet Page Number 59 of 159 G4, Attachment 1 4.4 Upon expiration, dissolution, or other termination of this Agreement, 4.4.1any outstanding financial obligations of the RCVCET, excluding obligations for payment of claims as set forth in Section 7 of this Agreement, will be paid out of remaining RCVCET Funds and/or the proceeds of the sale of RCVCET-owned property. If such funds or proceeds are inadequate to meet all of such outstanding financial obligations, the shortage will be subject to payment by the individual Parties to this Agreement as follows: 50% will be paid by the Ramsey County Sheriff and the remaining 50% will be paid by the police departments of the Cities, each in a sum that isa percentage of the total obligation that is equal to the percentage the city’s population bears to the population of all of the Cities combined, upon receipt of a notice from the Fiscal Agent(See Section 9.2); 4.4.2if, after payment of all outstanding financial obligations pursuant to section 4.4.1, there remain any RCVCET funds or property owned by the RCVCET, all RCVCET funds, property owned by the RCVCET,or the proceeds of a sale of RCVCET property shall be distributed to the Agencies that aremembers of the RCVCET at the time of the expiration, dissolution, or termination and who have been members of the RCVCET for a minimum of 12 consecutive months prior to the expiration, dissolution, or termination, using the formula set forth in section 4.4.1 for payment of outstanding financial obligations; and 4.4.3 property of the Agencies or the Parties that had been loaned for use by the RCVCET shall be returned to the loaning Agency or Party. 5.State and Federal Assistance for Narcotics Control Ramsey County, acting on behalf of RCVCET, the Parties to this Agreement, and/or the Agencies, in relation to this Agreement, shall be the grant applicant for funding from the Minnesota Office of Justice Programs (“OJP”), Department of Public Safety (“DPS”) for multi-jurisdictional narcotics task forces and violent crime teams, and from all other sources for this Agreement. The Parties agree to seek and maintain certification pursuant to the provisions of Minn. Stat. § 299A.642, subd. 4. 6.RCVCET Board 6.1The governing body of the RCVCET shall be a Board of Directors (“RCVCET Board”), to be made up of the chief law enforcement officer or designee from each of the Agencies; one representative from the RCAO; and up to three additional members selected by the governing body. All Directors shall serve at the pleasure of their appointing authorities. The RCVCET Board shall select an Executive Director on an annual basis,who shall conduct business meetings, document meeting minutes, and maintain frequent communication with members of the RCVCET Board and the Commander. 6.2Directors shall not be deemed employees of the RCVCET and shall receive no compensation from the RCVCET for serving as directors. 231094RCVCET JPA May2018 Page 3 of 15 Packet Page Number 60 of 159 G4, Attachment 1 6.3The RCVCET Board has final administration and policy decision-making authority for the RCVCET, including development of a strategic enforcement plan. Decisions shall be made by a majority of the RCVCET Board. 6.4The RCVCET Board shall meet quarterly to evaluate the progress of the RCVCET. The RCVCET Boardshall maintain financial and other records of RCVCET activities.A special meeting may be called by any Director, or by the RCVCET Commander. 6.5The RCVCET Board, through the Fiscal Agent, may apply for grants, approve contracts, including agreements for the rental of real property, incur expenses and make expenditures necessary and incidental to the effectuation of the purpose for which the RCVCET is organized as described in Section 1 of this Agreement and consistent with the powers of the RCVCET Board. 6.6The RCVCET Board will develop and approve RCVCET priorities, a RCVCET budget, and RCVCET operational policies and procedures. 6.7The RCVCET Board shall cooperate with other federal, state, and local law enforcement agencies when appropriate and necessary to accomplish the purpose for which the RCVCET is organized. 6.8The RCVCET Board, through the Fiscal Agent,shall make the RCVCET books, reports, and records open to inspection by the Agencies at all reasonable times. 6.9The RCVCET Board has sole authority to incur obligations and approve contracts and take final action on behalf of the RCVCET. 6.10The RCVCET Board may not incur obligations or approve contracts that extend beyond the Initial Term or any Renewal Term of this Agreement or which will require the expenditure of funds in excess of RCVCET Funds available. 6.11The RCVCET Board shall make a quarterly statistical report and a financial report to the Parties on all activities conducted by the RCVCET. 6.12The RCVCET Board shall arrange an audit annually of all of the RCVCET’s financial accounts, the cost of which will be paid out of state funds. 7. Insurance and Indemnification 7.1The RCVCET shall purchase a policy of municipal liability insurance, and may purchase such otherinsurance as it deems appropriate and necessary, covering the acts and omissions of the RCVCET, its Board of Directors and its employees, and the Parties to this Agreement and their employees, officials, and agents, in an amount not less than the statutory maximum set forth in Minn. Stat. §466.04. The cost of the municipal liability insurance policy shall be paid from the RCVCET 231094RCVCET JPA May2018 Page 4 of 15 Packet Page Number 61 of 159 G4, Attachment 1 Funds. The cost of any other insurance shall be paid in a manner to be determined by the RCVCET Board. 7.2The RCVCET shall defend, indemnify and hold harmless the Parties, their officers, employees, and volunteers, from and against any and all claims, damages, losses, suits, judgments, costs, and expenses, including attorney’s fees, arising out of or related to the acts or omissions of any person acting on behalf of the RCVCET Board in carrying out the terms of this Agreement. 7.3For liability not covered by insurance, the Parties and the RCVCET agree to share the costs of such liability, including the costsof defense, using the formula described in 4.4 for allocation of payment for outstanding obligations and distribution of assets on termination of this Agreement. 7.4Nothing herein, including the purchase by the RCVCET of excess liability coverage for federal law claims, shall constitute a waiver of the limits of liability, exceptions, defenses, or immunities under Minnesota State statutes. 7.5To the fullest extent permitted by law, actions by the Parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minn. Stat. §471.59, subd. 1a (a), provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility or liability for the acts or omissions of another Party, its officials, employees, and volunteers. 8. RCVCET Operations 8.1The RCVCET shall operate in compliance with the Multijurisdictional Task Force Operating Procedures and Guidelines Manual adopted by the Violent Crime Coordinating Council, as may be amended from time to time, which is incorporated herein and made part of this Agreement by reference. 8.2Ramsey County shall serve as the Coordinating Agency. Daily operation and responsibility for carrying out the purpose of the RCVCET shall be under the direction of the RCVCET Commander, selected by the RCVCET Board. 8.3The RCVCET Commander will plan and coordinate case activities and direct investigative activities based on intelligence provided by the Agencies, with priorities as determined by the RCVCET Board. 8.4The RCVCET Board shall operate in compliance with all reporting requirements of a grant recipient. 231094RCVCET JPA May2018 Page 5 of 15 Packet Page Number 62 of 159 G4, Attachment 1 9.Finances 9.1RCVCET operations will be financed from grant funding, subject to grant terms and conditions and grant program guidelines, incorporated herein by reference; and may be additionally funded by supplemental funding from participating Agencies and/or from RCVCET drug forfeiture funds (“RCVCET Funds”). 9.2Ramsey County shall serve as the Fiscal Agent for the RCVCET.Ramsey County shall not receive compensation from RCVCET Funds for its services. 9.3Ramsey County, as Fiscal Agent, is authorized to receive all RCVCET Funds for deposit and make disbursements therefrom in accordance with generally accepted accounting practices and procedures,the current Office of Justice Program’s Grant Manual, Governmental Accounting Standards, the Ramsey County Finance Office Policies and Procedures for Fiscal Agents, and federal and state requirements.In conjunction therewith, the Ramsey County Sheriff’s Office Accounting Division shall maintain current and accurate records of all obligations and expenditures of RCVCET Fundsduring the Initial Term and any Renewals and for six years after the termination of this Agreement in accordance with state law. 9.3.1All RCVCET Funds handled by the Fiscal Agent shall be deposited into a separate RCVCET account at the County’s depository bank. 9.3.2Interest accrued on the RCVCET Funds shall be deposited in theRCVCET Funds account. 9.4RCVCET Funds may be expended only as directed by the RCVCET Board and in accordance with this Agreement. In no event shall there be an expenditure of RCVCET Funds except per the approved RCVCET budget. 9.5As Fiscal Agent, the Ramsey County Sheriff’s Office shall be responsible for daily monitoring and maintenance of RCVCET financial matters andshall make and submit to the RCVCET Board a quarterly report of the budget status of the RCVCET Funds. 9.6Any issues raised by a Member regarding the activities of the Fiscal Agent shall first be brought to the attention of the RCVCET Commander. If the matter is not resolved to the satisfaction of the Member, the Commander shall present the issue to the RCVCET Board for resolution.Any issues raised by the Fiscal Agent shall first be brought to the attention of the RCVCET Commander. If the matter is not resolved to the satisfaction of the Fiscal Agent, the Commander shall present the issue to the RCVCET Board for resolution. 9.7As Fiscal Agent, Ramsey County is not responsible for providing services outside of the scope of services described in this Agreement. The County is not liable for management decisions made by the RCVCET. The County is not responsible for cash shortfalls due to funding shortfalls of the RCVCET. 231094RCVCET JPA May2018 Page 6 of 15 Packet Page Number 63 of 159 G4, Attachment 1 10.Vehicles The Parties may use a Ramsey County vehicle for RCVCET activities. In the event that a County-owned vehicle is neededby a Party, that Party must execute a Vehicle Lease Agreement (“VLA”) with Ramsey County prior to the use of the vehicle. 11. RCVCET Personnel 11.1The Agencies shall assign licensed peace officers and/or civilian personnel to the RCVCET as needed to carry out its purpose and to perform their responsibilities under this Agreement. 11.2All personnel assigned to the RCVCET (“RCVCET Personnel”) shall remain employees of the Party whose Agency assigned the personnel and shall not be considered temporary or permanent employees of any of the other Parties or Agencies or the RCVCET for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers’ compensation, re-employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another of the Parties. The Parties acknowledge their individual responsibility to provide all salary compensation and fringe benefits to their employees while performing services on behalf of the RCVCET. Benefits may include, but are not limited to, health care, disability insurance, life insurance, re-employment insurance, FICA, Medicare, PERA, vacation, sick leave, and unpaid leave of absence. 11.3All RCVCET Personnel shall be required to comply with the Violent Crime Coordinating Council’s Multijurisdictional Task Force Operating Procedures and Guidelines Manual and more restrictive rules of conduct and operating procedures prescribed by the RCVCET Commander, which shall be developed in consultation with the heads of the Agencies and in recognition of the rules of their respective Agencies,and adopted by the RCVCET Board. The RCVCET Commander, or his/her designee, shall refer disciplinary matters involving RCVCET Personnel to the person’s originating Agency for investigation and disposition unless, based on the judgment of the RCVCET Commander, or his/her designee, a particular matter represents probable cause for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation, provided the person’s Agency head is notified in advance thereof. 11.4As assigned by the RCVCET Commander, RCVCET Personnel will be responsible for drug, gang and violent crime investigation, including information management, case development, and presenting cases for charging to the appropriate prosecuting authority. RCVCET Personnel may also assist other law enforcement agencies in surveillance and undercover operations. RCVCET Personnel will work cooperatively with assisting agencies. RCVCET Personnel who are peace officers and who take action in another jurisdiction are authorized to exercise the powers of a peace officer in the other jurisdiction for purposes of the RCVCET activities. 231094RCVCET JPA May2018 Page 7 of 15 Packet Page Number 64 of 159 G4, Attachment 1 12. Advisor The Ramsey County Attorney shall designate an Assistant Ramsey County Attorney to provide civil legal advice to the RCVCET Board as, and if, required. 13. Location RCVCET activities shall take place out of a central location to be agreed to by the Agencies. 14.Forfeiture, Seizures,and Fines Proceeds received by the Agencies pursuant to Minnesota statutes on forfeitures from RCVCET case forfeitures shall be turned over to the Fiscal Agent to be used to support the efforts of the RCVCET according to the RCVCET Grant requirements. The use and disbursement of these proceeds must be approved by the RCVCET Board. 15.New Members A governmental unit may become an additional member of the RCVCET upon approval by the RCVCET Board. Any governmental unit that applies to become a member must agree to assign at least one officer to the RCVCET. A governmental unit that becomes a new member shall be included in the term “Parties” as used in this JPA, its law enforcement agency shall be included in the term “Agencies” as used in this JPA, and the member and its agency shall be subject to all of the provisions of this JPA. Such governmentalunit will become a membereffective upon filing with the Fiscal Agent a certified resolution of the governmental unit’s governing body approving andauthorizing execution of this Agreement and an executed counterpart copy of this Agreement. Upon receipt of such resolution and executed copy, the Fiscal Agent will prepare a conformed copy showing execution by existing Parties and the new member and forward a copy to all Parties. 16. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document. All executed counterparts of this Agreement shall be forwarded to the Fiscal Agent. Upon receiptof executed counterparts from all parties, the Fiscal Agent will prepare one conformed copy of this Agreement and provide a copy to each Party. 17. The Parties to this Agreement are subject to the provisions of Minn. Stat. § 299A.642. 18. This Agreement shall amend the JPA signed on February 7, 2005, as amended on January 31, 2007, June 1, 2010, January 1, 2013, and January 1, 2018. IN WITNESS THEREOF, the undersigned Parties, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes § 471.59. 231094RCVCET JPA May2018 Page 8 of 15 Packet Page Number 65 of 159 G4, Attachment 1 RAMSEY COUNTY __________________________________________ Jim McDonough, Chair Ramsey County Board of Commissioners __________________________________________ Janet Guthrie, Chief Clerk Ramsey County Board of Commissioners Date: _____________________________________ Approval recommended: __________________________________________ Jack Serier, Ramsey County Sheriff Approved as to form: __________________________________________ Assistant County Attorney 231094RCVCET JPA May2018 Page 9 of 15 Packet Page Number 66 of 159 G4, Attachment 1 CITY OF MAPLEWOOD By: ______________________________________ Nora Slawik, Mayor Date: ____________________________________ By: _____________________________________ Melinda Coleman, City Manager Date: ____________________________________ Approval recommended: __________________________________________ Scott Nadeau,Director Maplewood Police Department Approved as to form: __________________________________________ City Attorney __________________________________________ Financial Services Director 231094RCVCET JPA May2018 Page 10of 15 Packet Page Number 67 of 159 G4, Attachment 1 CITY OF NEW BRIGHTON By: ______________________________________ Valerie Johnson, Mayor Date: ____________________________________ By: ______________________________________ Dean R. Lotter, City Manager Date: _____________________________________ Approval recommended: __________________________________________ Tony Paetznick, Director New Brighton Police Department Approved as to form: __________________________________________ City Attorney __________________________________________ Financial Services Director 231094RCVCET JPA May2018 Page 11of 15 Packet Page Number 68 of 159 G4, Attachment 1 CITY OF ROSEVILLE By: ______________________________________ Dan Roe, Mayor Date: ____________________________________ By: ______________________________________ Patrick J. Trudgeon, City Manager Date: ____________________________________ Approval recommended: __________________________________________ Rick Mathwig, Police Chief Roseville Police Department Approved as to form: __________________________________________ City Attorney __________________________________________ Financial Services Director 231094RCVCET JPA May2018 Page 12of 15 Packet Page Number 69 of 159 G4, Attachment 1 CITY OF SAINT PAUL By: ______________________________________ Melvin Carter, Mayor Date: ____________________________________ Approval recommended: __________________________________________ Todd Axtell, Police Chief Saint Paul Police Department Approved as to form: __________________________________________ Saint Paul City Attorney __________________________________________ Financial Services Director 231094RCVCET JPA May2018 Page 13of 15 Packet Page Number 70 of 159 G4, Attachment 1 CITY OF WHITE BEARLAKE By: ______________________________________ Jo Emerson, Mayor Date: ____________________________________ By: ______________________________________ Ellen Richter, City Manager Date: ____________________________________ Approval recommended: __________________________________________ Julie Swanson, Police Chief White Bear Lake Police Department Approved as to form: __________________________________________ City Attorney __________________________________________ Financial Services Director 231094RCVCET JPA May2018 Page 14of 15 Packet Page Number 71 of 159 G4, Attachment 1 CITY OF MOUNDS VIEW By: ______________________________________ Carol A. Mueller, Mayor Date: ____________________________________ By: ______________________________________ Nyle Zikmund, City Administrator Date: ____________________________________ Approval recommended: __________________________________________ Nathan Harder, Police Chief Mounds View Police Department Approved as to form: __________________________________________ City Attorney __________________________________________ Financial Services Director 231094RCVCET JPA May2018 Page 15of 15 Packet Page Number 72 of 159 G5 CITY COUNCIL STAFF REPORT Meeting Date May 29, 2018 REPORT TO:Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER: Steven Love Resolution Accepting Assessment Roll and Ordering Assessment Hearing AGENDA ITEM: for June 11, 2018, Farrell-Ferndale Area Street Improvements, City Project 17-18 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City Council will consider approving the Resolution Accepting Assessment Roll and Ordering Assessment Hearing for June 11, 2018, Farrell-Ferndale Area Street Improvements, City Project 17-18. Recommended Action: Motion to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing, for the Farrell-Ferndale Area Street Improvements, City Project 17-18. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $1,117,226.15 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other:Assessments Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The assessments are one of the funding sources of the approved project funding plan for the proposed infrastructure improvements of the Farrell-Ferndale area. Background There are a total of 160 assessable residential and multi-family parcels within the project area. An independent appraisal firm was hired to ascertain an opinion of special benefit received by properties within the neighborhood project area. The appraisal report confirmed that the rates are reasonable. These rates are shown on the following page: Packet Page Number 73 of 159 G5 Residential o Full Reconstruction Rate = $6,600/unit (Majority of Project Area) o Partial Reconstruction Rate = $4,950/Unit (Conway Service Drive) Commercial / Multi-Family o Commercial /Multi-Family Full Reconstruction Assessment Rate = $132 Per Front- Foot o Commercial /Multi-Family Partial Reconstruction Assessment Rate = $99 Per Front- Foot An additional open house will be held for residents prior to the Assessment Hearing to answer questions pertaining to assessments or proposed improvements and processes. Prior to this open house meeting the results of the special benefit appraisal will be received and residents will be informed of the final assessment amount. Budget Information: The total project cost, based on the feasibility study is estimated at $6,288,000. On April 9, 2018 the Finance Director was authorized by the City Council to make the financial transfers necessary to implement the financing plan for the project. A total project budget of $6,288,000 was established. The approved financing plan is as follows: ESTIMATED PROJECT COST RECOVERY TOTAL % OF TOTAL AMOUNTPROJECT FUNDING SOURCE G.O. IMPROVEMENT BONDS$2,736,00050% SANITARY SEWER FUND$446,0007% I & I GRANT$25,0000% ENVIRONMENTAL UTILITY FUND$923,00015% SPECIAL BENEFIT ASSESSMENT$1,150,00018% ST. PAUL WATER$834,00013% W.A.C. FUND$174,0003% TOTAL FUNDING$6,288,000100% The estimated project costs and proposed funding plan have been reviewed by the Finance Director. Timeline: April 9, 2018 – Feasibility Report Accepted and Plans and Specifications Ordered April 23, 2018 – Project Ordered Following a Public Hearing May 14, 2018 – Plans Approve, Authorized Advertising for Bids, Assessment Roll Ordered Attachments 1.Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2.Pending Assessment Roll 3.Project Location Map Packet Page Number 74 of 159 G5, Attachment 1 RESOLUTION ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Farrell-FerndaleArea Street Improvements, City Project 17- 18,and the said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: th 1.A hearing shall be held on the 11day of June2018, at the city hall at 7:00 p.m. topass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. th Approved this 29day of May2018. Packet Page Number 75 of 159 G5, Attachment 2 Packet Page Number 76 of 159 G5, Attachment 2 Packet Page Number 77 of 159 G5, Attachment 2 Packet Page Number 78 of 159 G5, Attachment 2 Packet Page Number 79 of 159 G5, Attachment 3 Packet Page Number 80 of 159 For the Permanent Record - Meeting Date: 05/29/2018 - Agenda Item G5 ParcelIDSiteAddressResidentialUnitsTotalAssessment 25292241004626697thStE1$6,600.00 25292241004726777thStE1$6,600.00 25292241004826877thStE1$6,600.00 25292241004926957thStE1$6,600.00 25292241005027037thStE1$6,600.00 25292241005127077thStE1$6,600.00 25292241005227137thStE1$6,600.00 25292241005327257thStE1$6,600.00 2529224400152705MinnehahaAveE1$6,600.00 252922440016744MayhillRdN1$6,600.00 252922440017750MayhillRdN1$6,600.00 252922440018756MayhillRdN1$6,600.00 252922440019764MayhillRdN1$6,600.00 252922440020772MayhillRdN1$6,600.00 252922440021778MayhillRdN1$6,600.00 252922440022784MayhillRdN1$6,600.00 252922440023792MayhillRdN1$6,600.00 252922440024798MayhillRdN1$6,600.00 252922440025804MayhillRdN1$6,600.00 252922440026814MayhillRdN1$6,600.00 252922440029833MayhillRdN1$6,600.00 252922440030825MayhillRdN1$6,600.00 252922440031817MayhillRdN1$6,600.00 252922440032811MayhillRdN1$6,600.00 252922440033803MayhillRdN1$6,600.00 252922440035783MayhillRdN1$6,600.00 252922440036777MayhillRdN1$6,600.00 252922440037763MayhillRdN1$6,600.00 252922440038757MayhillRdN1$6,600.00 252922440039749MayhillRdN1$6,600.00 252922440040743MayhillRdN1$6,600.00 2529224400412697MinnehahaAveE1$6,600.00 252922440045797MayhillRdN1$6,600.00 252922440046789MayhillRdN1$6,600.00 252922440047839CenturyAveN$24,222.00 252922440052831CenturyAveN2$13,200.00 362922110012690FerndaleStN1$6,600.00 3629221100142635MargaretAveE1$6,600.00 3629221100152669MargaretAveE1$6,600.00 3629221100162675MargaretAveE1$6,600.00 3629221100172681MargaretAveE1$6,600.00 3629221100182687MargaretAveE1$6,600.00 3629221100192697MargaretAveE1$6,600.00 3629221100202707MargaretAveE1$6,600.00 362922110023653CenturyAveN2$13,200.00 36292211003027255thStE1$6,600.00 36292211003127155thStE1$6,600.00 36292211003227055thStE1$6,600.00 36292211003326935thStE1$6,600.00 3629221100372674MargaretAveE1$6,600.00 3629221100382666MargaretAveE1$6,600.00 For the Permanent Record - Meeting Date: 05/29/2018 - Agenda Item G5 3629221100392654MargaretAveE1$6,600.00 362922110041631FarrellStN1$6,600.00 362922110042619FarrellStN1$6,600.00 36292211004426575thStE1$6,600.00 362922110046618FerndaleStN1$6,600.00 362922110047626FerndaleStN1$6,600.00 362922110048634FerndaleStN1$6,600.00 3629221100512634MargaretAveE1$6,600.00 3629221100522640MargaretAveE1$6,600.00 362922110053670FerndaleStN1$6,600.00 362922110054680FerndaleStN1$6,600.00 3629221100592663MargaretAveE1$6,600.00 36292211006126255thStE1$6,600.00 36292211006226335thStE1$6,600.00 362922110063643FarrellStN1$5,280.00 362922110064639FarrellStN1$5,280.00 362922110066609FarrellStN1$6,600.00 36292211006726675thStE1$6,600.00 362922110068646FerndaleStN1$6,600.00 362922110069644FerndaleStN1$6,600.00 3629221100702647MargaretAveE1$6,600.00 3629221100732706MargaretAveE1$6,600.00 3629221100742704MargaretAve1$6,600.00 3629221100752702MargaretAve1$6,600.00 362922120005687FerndaleStN1$6,600.00 362922120006679FerndaleStN1$6,600.00 362922120011643FerndaleStN1$6,600.00 362922120012635FerndaleStN1$6,600.00 362922120036629FerndaleStN1$6,600.00 362922120037621FerndaleStN1$6,600.00 362922120038613FerndaleStN1$6,600.00 362922120039607FerndaleStN1$6,600.00 362922120040671FerndaleStN1$6,600.00 362922120041665FerndaleStN1$6,600.00 362922120042657FerndaleStN1$6,600.00 362922120043649FerndaleStN1$6,600.00 362922130002585FerndaleStN1$6,600.00 362922130003577FerndaleStN1$6,600.00 362922130004571FerndaleStN1$6,600.00 362922130005561FerndaleStN1$6,600.00 362922130006557FerndaleStN1$6,600.00 362922130007549FerndaleStN1$6,600.00 362922130008543FerndaleStN1$6,600.00 362922130009537FerndaleStN1$6,600.00 362922130010529FerndaleStN1$6,600.00 362922130011521FerndaleStN1$6,600.00 362922130012513FerndaleStN1$6,600.00 362922130013505FerndaleStN1$6,600.00 3629221300142605ConwayAveE$29,865.00 3629221300152585ConwayAveE$30,279.15 362922130023595FerndaleStN1$6,600.00 3629221400072713FremontAveE1$6,600.00 For the Permanent Record - Meeting Date: 05/29/2018 - Agenda Item G5 3629221400082705FremontAveE1$6,600.00 3629221400092695FremontAveE1$6,600.00 362922140010548FarrellStN1$6,600.00 362922140011558FarrellStN1$6,600.00 362922140012570FarrellStN1$6,600.00 362922140013580FarrellStN1$6,600.00 36292214001427065thStE1$6,600.00 36292214001526985thStE1$6,600.00 362922140016592FarrellStN1$6,600.00 362922140017593FarrellStN1$6,600.00 362922140019585FarrellStN1$6,600.00 362922140020571FarrellStN1$6,600.00 362922140021559FarrellStN1$6,600.00 362922140022549FarrellStN1$6,600.00 3629221400232655FremontAveE1$6,600.00 3629221400242635FremontAveE1$6,600.00 3629221400252627FremontAveE1$6,600.00 362922140026548FerndaleStN1$6,600.00 362922140027556FerndaleStN1$6,600.00 362922140028562FerndaleStN1$6,600.00 362922140029570FerndaleStN1$6,600.00 362922140030580FerndaleStN1$6,600.00 362922140031588FerndaleStN1$6,600.00 362922140032594FerndaleStN1$6,600.00 36292214003326485thStE1$6,600.00 3629221400342646FremontAveE1$6,600.00 362922140036520FerndaleStN1$6,600.00 362922140037510FerndaleStN1$6,600.00 362922140038500FerndaleStN1$6,600.00 362922140039488FerndaleStN1$4,950.00 3629221400402643ConwayAveE1$4,950.00 3629221400412651ConwayAveE1$4,950.00 3629221400422671ConwayAveE1$4,950.00 362922140043495FarrellStN1$6,600.00 362922140044501FarrellStN1$6,600.00 362922140045509FarrellStN1$6,600.00 362922140046515FarrellStN1$6,600.00 362922140047521FarrellStN1$6,600.00 3629221400482656FremontAveE1$6,600.00 362922140049533FarrellStN1$6,600.00 362922140050532FarrellStN1$6,600.00 3629221400512700FremontAveE1$6,600.00 3629221400522708FremontAveE1$6,600.00 362922140053520FarrellStN1$6,600.00 362922140054510FarrellStN1$6,600.00 362922140055500FarrellStN1$6,600.00 3629221400562691ConwayAveE1$4,950.00 3629221400572703ConwayAveE1$4,950.00 3629221400582725ConwayAveE2$9,900.00 3629221400652714FremontAveE1$6,600.00 362922140066593CenturyAveN1.5$9,900.00 3629221400672624FremontAveE1$6,600.00 For the Permanent Record - Meeting Date: 05/29/2018 - Agenda Item G5 3629221400682634FremontAveE1$6,600.00 36292214006926605thStE1$6,600.00 36292214007005thStE1$6,600.00 Totals:158.5$1,114,626.15 ResidentialFullReconstructionUnitAssessmentRate:$6,600 ResidentialPartialReconstructionUnitAssessmentRate:$4,950 2585ConwayApartments TotalStreetFrontFootage:305.85 PartialReconstructionRateperFrontFoot:$99 TotalTownhomeAssessment:$30,279.15 2605ConwayApartments TotalConwayAvenueStreetFrontFootage:155 PartialReconstructionRateperFrontFoot:$99 TotalTownhomeAssessment:$15,345.00 TotalFerndaleStreetFrontFootage:110 FullReconstructionRateperFrontFoot:$132 TotalTownhomeAssessment:$14,520.00 Total2605ConwayApartmentsAssessment:$29,865.00 839CenturyAvenue TotalStreetFrontFootage:183.5 FullReconstructionRateperFrontFoot:$132 TotalAssessment:$24,222.00 831CenturyAvenue RevisedtoreflectCurrentResidentialZoning2ResidentialUnits RatePerResidentialUnit$6,600 TotalAssessment:$13,200.00 639and643FarrellStreet AssessmentRateRevisedtoreflect60footTwinHomeLots RatePerUnit:$5,280 G6 CITY COUNCILSTAFF REPORT Meeting Date May 29, 2018 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Steve Love, Public Works Director Audra Robbins, Parks and Recreation Manager PRESENTER:Steve Love, Public Works Director AGENDA ITEM: Resolution Accepting Tree Planting Donation Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: A donation of $140.00 was given to the City of Maplewood to plant trees in city parks. This donation was from St. Paul and Ramsey County Friends of the Parks and Trails. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. Recommended Action: Motion to approve the resolution accepting the tree planting donation in the amount of $140.00 to the City of Maplewood. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$140.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:Donation Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Trees are an essential asset to the city. This donation reduces city costs for tree purchase and enables a citizen to support our parks in a meaningful way through a community partner. Background Friends of the Parks and trails of St. Paul and Ramsey County promotes the public support and appreciation of parks and trails. Donations through their Annual Tree Sale have added over 7,500 trees to parks in St. Paul, Ramsey County and the entire Twin Cities metropolitan area. With the Packet Page Number 81 of 159 G6 spread of the emerald ash borer, it is especially important to re-plant trees in our parks. The donation is intended to help the City with this effort. Attachments 1.Resolution Accepting Tree Planting Donation Packet Page Number 82 of 159 G6, Attachment 1 RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Department hasreceived a donation of $140.00 for planting trees at parks; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood to accept this donation. th Approved this 29of May 2018. Packet Page Number 83 of 159 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 84 of 159 I1 CITY COUNCILSTAFF REPORT Meeting Date May 29, 2018 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 Adopting Revised Assessment Roll, Londin-Highpoint Area Street Improvements, City Project 17-19 Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: City staff has prepared recommendations for actions on each assessment objection received for the Londin-Highpoint Area Street Improvements, City Project 17-19. City Council will consider the proposed assessment objection recommendations and approval of the attached Resolution Adopting Revised Assessment Roll, City Project 17-19. Recommended Action: Motion to approve the attachedResolution Adopting Revised Assessment Roll for the Londin- Highpoint Area Street Improvements, City Project 17-19. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$468,858.45 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:Assessments Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The assessments are one of the funding sources of the approved project funding plan for the proposed infrastructure improvementsof the Londin-Highpoint area. Background City Council conducted anAssessment Hearing on March 14, 2018. Residents were provided with the required advanced notice of assessment hearing. Residents were required to file a written notice if they objected to the assessment amount. Two property owners provided written objections prior to the closing of the public hearing. The objections are listed on the following page: Packet Page Number 85 of 159 I1 1.Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 0.5 units at the Townhome assessment rate for a total amount of $673.17. Mr. Mathison is requesting a senior citizen deferral. 2.Parcel 122822210087– Jacqueline J Adams, 2445 Londin Lane East, Unit 411. It is currently proposed to be assessed 1 unit at the Condominiums assessment rate for a total amount of $473.30. Recommendations: City Staff reviewed the requests and recommends the following adjustment to the assessment roll: 1.Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 0.5 units at the Townhome assessment rate for a total amount of $673.17. Staff recommendation is to granta senior citizen deferral upon approval of necessary paperwork and financial information. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 5 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 2.Parcel 122822210087 – Jacqueline J Adams, 2445 Londin Lane East, Unit 411. It is currently proposed to be assessed 1 unit at the Condominiums assessment rate for a total amount of $473.30.City staff contacted Jacqueline Adams to verify if her document was an objection to the assessment on March 16, 2018. Jacqueline Adams confirmed that it was notan objection to the assessment. Staff recommendation is to proceed with the proposed assessment as detailed in the assessment roll. Timeline: March 12, 2018 –Improvements Ordered April 9, 2018 – Plans Approve, Authorized Advertising for Bids, Assessment Roll Ordered April 23, 2018 – Accept Assessment Roll and Called for a Public Hearing May 14, 2018 – Assessment Hearing, Adopting Assessment Roll, and Award Contract Attachments 1.Resolution Adopting Revised Assessment Roll 2.Assessment Roll 3.Assessment Objections 4.Project Location Map Packet Page Number 86 of 159 I1, Attachment 1 RESOLUTION ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution passed by the City Council on May 14, 2018, the assessment roll for the Londin-HighpointAreaStreet Improvements, City Project 17-19was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the followingtwo (2)property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1.Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 0.5 units at the Townhome assessment rate for a total amount of $673.17. Mr. Mathison is requesting a senior citizen deferral. 2.Parcel 122822210087 – Jacqueline J Adams, 2445 Londin Lane East, Unit 411. It is currently proposed to be assessed 1 unit at the Condominiums assessment rate for a total amount of $473.30. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A.That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Londin-HighpointArea Street Improvements, City Project 17-19: 1.Parcel 122822230320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 0.5 units at the Townhome assessment rate for a total amount of $673.17. Mr. Mathison is requesting a senior citizen deferral. Staff recommendation is to granta senior citizen deferral upon approval of necessary paperwork and financial information. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 5 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 2.Parcel 122822210087 – Jacqueline J Adams, 2445 Londin Lane East, Unit 411. It is currently proposed to be assessed 1 unit at the Condominiums assessment rate for a total amount of $473.30. City staff contacted Jacqueline Adams to verify if her document was an objection to the assessment on March 16, 2018. Jacqueline Adams confirmed that it was notan objection to the assessment. Staff recommendation is to proceed with the proposed assessment as detailed in the assessment roll. B.The assessment roll for the Londin-HighpointAreaStreet Improvements, City Project 17- 19, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each track of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. Packet Page Number 87 of 159 I1, Attachment 1 C.Such assessments shall be payable in equal annual installments extending over a period of 15years for residential, commercial, townhomes, and multi-family properties, the first installments to be payable on or before the first Monday in January 2019 and shall bear interest at the rate of5.00percent per annum fromthe date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D.The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, but no later than November 15, 2018, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time afterNovember 15, 2018, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 16 or interest will be charged through December 31 of the next succeeding year. E.The City Engineer and City Clerk shall forthwith after November 15, 2018, butno later than November 16, 2018, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 29th day of May 2018. Packet Page Number 88 of 159 I1, Attachment 2 Packet Page Number 89 of 159 I1, Attachment 2 Packet Page Number 90 of 159 I1, Attachment 2 Packet Page Number 91 of 159 I1, Attachment 2 Packet Page Number 92 of 159 I1, Attachment 2 Packet Page Number 93 of 159 I1, Attachment 2 Packet Page Number 94 of 159 I1, Attachment 2 Packet Page Number 95 of 159 I1, Attachment 2 Packet Page Number 96 of 159 I1, Attachment 3 Packet Page Number 97 of 159 I1, Attachment 3 Packet Page Number 98 of 159 I1, Attachment 3 Packet Page Number 99 of 159 I1, Attachment 4 Packet Page Number 100 of 159 J1 CITY COUNCILSTAFF REPORT Meeting Date May 29, 2018 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Michael Martin, AICP, Economic Development Coordinator PRESENTOR: Michael Martin, AICP, Economic Development Coordinator AGENDA ITEM:Mercedes Benz –Morrie’s Automotive Group, 2780 Maplewood Drive a.Comprehensive Plan Amendment Resolution (Requires Two-Thirds Majority Vote Of City Council) b.Zoning Map AmendmentResolution(Requires Two-Thirds Majority Vote Of City Council) c. LotDivision d.Conditional Use Permit RevisionResolution e.Setback VarianceResolution f.Design Review Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation PolicyIssue: Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, is proposing to tear down the existing car dealership building and build a new dealership building for its Mercedes Benz brand.To move forward, the applicant needs approval of a comprehensive plan amendment, zoning map amendment, lot division, conditional use permit revision, setback variance and design review. The applicant did hold a neighborhood meeting on April 3, 2018, inviting neighbors to their facility for a discussion. Recommended Motion: a.Motionto approve theattached comprehensiveplan amendment resolution which approves a land use plan amendment from LDR (low density residential) to C (commercial) for approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive. b.Motionto approve the attached zoning map amendmentresolution which approves thechange from R1 (single dwelling) to M1 (light manufacturing) for approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive. c. Motionto approve the lot division request to subdivide and adjust lot lines for the applicant’s 2.9 acre parcel located withinthe property at 2780 Maplewood Drive and the neighboring 1.59 acre parcel located at 1263 KohlmanAvenue East.This lot division approval is subject to the following conditions: 1.A survey must be submitted to planning staff for final approval. Packet Page Number 101 of 159 J1 2.The lot division and any and all easement agreements must be recorded with Ramsey County within one year of approval date otherwise the approval is null and void. d.Motionto approve the attached conditional use permit revision resolutionwhich outlines the conditions required for the entire new auto dealership building, as all buildings erected in the Light Manufacturing zoning district within 350 feet of a residential district require a conditional use permit. e.Motionto approve the attached setback variance resolution for Morrie’s proposed Mercedes Benz dealership which allows a 308 foot variance from the city’s setback requirements. f.Motionto approve the design plans for the new 47,685 square foot auto dealership building date stamped May 9, 2018, for the redevelopment project located at 2780 Maplewood Drive. Approval is subject to the applicant doing the following: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Satisfy the requirements set forth in the staff report authored by staff engineer Jon Jarosch, dated May 8, 2018. 3.Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, dated May 15, 2018. 4.All requirements of the fire marshal and building official must be met. 5.All roof-top mechanical equipment shall be screened from view. 6.Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: a.Revised landscaping and site plans showing additional plantings and screening on the east side of the site. This plan shall also includetherestoration of the wetland buffer area with native plantings. b.Submit a revised photometric plan for staff approval –plan must meet all city requirements. c. Submit plans for staff approval for the required trash enclosure. The trash enclosure’s colors and building materials shall be consistent with the main building. d.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. 7.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. Packet Page Number 102 of 159 J1 d.Install city approved wetland buffer signs at the edge of the wetland buffer that notifies that no building, mowing, cutting, grading, filling or dumping is allowed within the buffer. 8.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 the 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. 9.All work shall follow the approved plans. City staff may approve minor changes. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure &Asset Mgmt. The city deemed the applicant’s application complete on May 8, 2018. The initial 60-day review deadline for a decision is July 7, 2018. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Background Project Overview Several years after this site was established as an auto dealership, the city amended its ordinance requiring new and used auto sales besetback 350 feet from any property planned for residential use. The applicant’s first redevelopment submittal had the parking lot within 24 feet at its nearest point to a residential property line. The first site plan also had approximately 59,000 square feetof new hard surfaceon site. Staff rejected this site plan and stated the applicant needed to further refine plans to increase the buffer area between the residential properties and the parking lot while also decreasing the amount of new hard surface on site. To accomplish this, the applicant reduced the total amount of parking spaces from 427 to 362. The applicant also agreed to relinquish several of the parking spaces located in the wetland buffer on the east side of the site. The property received a variance to locate parking within the wetland buffer in 1996. Taking the asphalt out of the buffer area and returning it to native planting will work to improve the wetland conditions in this area. The applicant should be required to further protect this reclaimed area bysigning a maintenanceagreement with the city to ensure the native plants are established within the buffer within a three-year period. Packet Page Number 103 of 159 J1 By reducing the amount of new parking on site, removing some existing parking areas on site and reducing the widths of drive aisles the applicant was able to get the amount of new net hard surface to under an acre for the entire site – 40,764 square feet of new hard surface. The applicant also nearly doubled the buffer area between the parking lot and the residential properties to 42 feet at is closest point. Between the parking lot and the property line, there is a six foot difference in grading –with the dealership land lying lower which will block view of the vehicles near the property line. In addition, the applicant will plant numerous conifer trees to create a vegetation screen between the dealership and the homes to the south. The code requires screening to be at least six feet tall with 80 percent opaqueness and this will be achieved. Comprehensive Plan Amendment, Zoning Map Amendmentand Lot Division The applicant’s three requests for a comprehensive plan amendment, zoning map amendmentand lot division are tied together and in large part could be considered more administrative. As seen in the figure to the right, the red outline identifies the applicant’s existing site with a large part of it guided by the 2030 Comprehensive Plan as Low Density Residential and zoned R1 single dwelling. Staff researched the history of the property and could not find anything specific as to why the land use and zoning designations of a good part of this site were left residential. On this same image, the yellow dashed line indicates where the proposed lot division Red outline indicates applicant’s existing would take place. South of the yellow line property. Yellow dashed line represents lot would remain residential and be attached to division with area south of the line the single family property located at 1263 Kohlman Avenue. This would remove any neighborhood worry of the applicant trying to install an access drive directly onto Kohlman. In exchange, the residential property at 1263 Kohlman is dividing the north part of its lot and attaching it to the applicant’s property. With the lot division in place, it is staff’s recommendation that the land use and zoning match with what is occurring on this site. The entire siteat 2780 Maplewood Drive would then be guided as Commercial and zoned Light Manufacturing. Conditional Use Permit Revision This site received its original CUP in 1979 with the most recent revision occurring in 2001 for an addition to the site’s repair shop. This conditional use permit regulates the car wash and auto repair service on this site. The use of this property as a new and used auto dealership is a permitted use, sans this proposal’s inability to meet today’s existing setback requirements. The setback variance will be addressed in the next section. This CUP is required to be revised to incorporate a new site plan and location of the repair and car wash uses on this siteand because all buildings withinthe Light Manufacturing zoning district thatare within 350 feet of residential also require a CUP. Packet Page Number 104 of 159 J1 Staff recommends adding conditions to the CUP to ensure all work takes place within the enclosed building with garage doors shut and all vehicles parked outside are operable. In addition, staff is recommending language be added to the CUP prohibiting the applicant from parking vehicles on non-approved surfaces, banning the testing of vehicles – for both repair and sales purposes – from taking place on local residential roads and all employees shall be required to park vehicles on site. Setback Variance State statute allows variances to be approved when practical difficulties exist. State statute also dictates that practical difficultiesoccur when the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. The city’s setback requirement was adopted after this site was established as an auto dealership and now provides practical difficulties for the applicant to build a new facility that meets the needs of an auto dealership today. By looking at this property’s history you can see how the building was expanded in a piecemeal method to add theadditional servicesthat arenow expected to be housed within a dealership. The applicant has demonstrated its openness to hearing the concerns of the neighborhood and staff by increasing the buffer between the parking lot and the residential properties to the south, removing existing asphalt from wetland buffer areas and locating the service and car wash uses on the north side of the building to buffer noise. With the proposed new lot lines, the new building will be setback 115 feet from the property line at its closest point. The proposed parking lot would be 42 feet at is closest point – thus requiring a 308 foot variance. Maplewood is home to several auto dealerships that front major roadways and are also next door neighbors to residential areas. Tesla (Under Remodel Construction), 2590 Maplewood Drive – 102 foot setback from nearby residential property Kline Auto, 2610 Maplewood Drive –102 foot setback from nearby residential property Maplewood Toyota, 2873 Maplewood Drive – 160 feet from nearby residential property Schmelz Countryside, 1180 Highway 36 – 23 foot setback from nearby residential property Design Review Shoreland Overlay The site lies within the city’s Shoreland Overlay District (Kohlman Lake), the development is restricted to a total of 40 percent impervious surface coverage without the use of impervious surface coverage bonuses (allowed by ordinance). A bonus would allow up to 60 percent impervious surface coverage with the inclusion of additional facilities for the treatment of runoff. The applicant is proposing a 51 percent impervious surface coverage with this project (It should be noted that their original site plan included 55 percentimpervious surface coverage). To achieve the bonus for this project, the applicant was required to infiltrate 1.65-inches of runoff (a 50 percent increase over the standard volume reduction requirement) for the 11 percent of impervious surfaces above the 40 percent maximum allowed. Theapplicant was still required to meet the standard volume reduction requirements for the first 40 percent impervious. Through the Packet Page Number 105 of 159 J1 combination of two underground infiltration systems, the proposed design meets and exceeds all standard stormwater and Shoreland Overlay District requirements. Site Plan As part of this project, the applicant has purchased the auto body shop southwest of its current site. This building will be removed and the land incorporated into the overall site. Currently between the dealership and auto body properties there are three access points onto Maplewood Drive, with the new project one access point will be removed. The two access points for Mercedes will remain in place. Asproposed, the existing 35,041 square foot building would be removed and a new 47,685 square foot building would be built and shifted further south on the site. The new building is 12,644 square feet bigger than the existing facility. The bulk of the site’s parking will be located on the north side of the buildingas will the car wash and auto repair services. The new building andparking lot areas will meet all wetland setbackrequirements. In 1996, this property received a variance to build parking within the wetland buffer on the east side of the site. The applicant is proposing to remove the vast majority of the parking located in the wetland buffer and return the area to native planting. In addition, staff is recommending additional vegetation be added to the east side of the site to add more screening from the residential properties to the east. Building Elevations At its tallest the new building will be 27 feet tall. The west elevation facing Highway 61 will consist of a mainly glass surface with galvanized siding being used for the service entrance portion of the building. The south and north elevations will also be treated with the glass panels and galvanized siding. The east side of the north and south elevations introduce the use of EIFS which will be painted between three shades of white and silver. The EIFS and color scheme will also be used on the entire east elevation. Any rooftop equipment will be required to be screened adequately from the residential propertiesto the east and south. The applicant’s rendering of the proposed building looking northeast onto the site. Landscaping The bulk of the proposed landscaping will occur on the south side of the project – between the parking lot and the property line. Staff recommends additional landscaping occur on the east side of the site as well. The applicant shall work with staff on developing a revised landscape plan that will Packet Page Number 106 of 159 J1 both incorporate screening elements for homes to the east and return the vacated parking lot buffer area to native plantings. Additional plantings will occur withinthe parkinglotislands throughout the site and along the front property line. The applicant is required to meet the city’s tree replacement ordinance. Lighting The applicant will be required to submit a revised photometric plan before any building permits can be issued. There is only one area in the southwest corner of the site that does not meet the city’s ordinance requirement. While the plan meets city’s requirements for light intensity throughout the rest of the site, city staff will ensure a revised plan is submitted verifying the entire site meets ordinance. In addition, the city limits light pole height to 25 feet. The submitted plan indicates several of the poles would be 26 feet in height. The revised plan will also need to show poles are no taller than 25 feet. In addition, the planning commission recommended the applicant be required to dim all site lights at 8 p.m. daily and to limit light pole height to 15 feet near residential properties. The planning commission’s recommendations are reflected in the attached conditional use permit resolution’s conditions of approval. Parking For the sales area of the building, city ordinance requires 1 space per every 200 square feet of area. The building would dedicate 8,500 square feet to sales thus requiring 43 parking spaces at least 9.5 feet wide. The applicant has accommodated for the required 43 spaces within the site plan. In addition, ordinance requires two parking spaces per service bay plus an additional space for each employee. The proposed facility would have 29 service bays plus 75 employees for the entire facility – requiring 133 parking spaces. The overall site contains362 parking spaces which leaves186 spaces for inventory. As mentioned earlier in the report, staff is recommending the conditions of approval require that all vehicles be parked in an approved space and that employees beprohibited from parking on the street. Trash Enclosure All trash and recycling receptacles will be stored in a trash enclosure on the east site of the site. Before any building permits are issued for this project, the applicant will be required to submit plans for the trash enclosure for staff approval. The materials and colors of the trash enclosure will be required to be consistent with the project and provide sufficient screening from properties to the east. Commission Review Planning Commission May 15, 2018: The Planning Commission held a public hearing and reviewedthis project.On the comprehensive plan amendment, zoning map amendment, lot division and conditional use permit revision itemsthe commission unanimously recommended approval. The Planning Commission recommended approval of the setback variance with a 4-1 vote. The commissionrecommended an additional requirement be added to the conditional use permitregarding the dimming of lights and height of light poles near the south lot line. Staff has incorporated this requirementinto the attached conditional use permit resolution. Packet Page Number 107 of 159 J1 Community Design Review Board May 15, 2018: The Community Design Review Board reviewed thisprojectand unanimously recommended approval. Department Comments Engineering Department, Jon Jarosch Please see Jon Jarosch’s engineering report, dated May 8, 2018, attached to this report. Building Official, Jason Brash Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, MN1306, and 2015 Minnesota Building Code. Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code Chapter 1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain compliance is not an option. The following forms must be completed as submittals. a.ASHRAE 90.1-2010 Building Envelope Compliance Documentation b.ASHRAE 90.1-2010 HVAC Compliance Documentation c. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation d.ASHRAE 90.1-2010 Lighting Compliance Documentation Special inspections required as per 2012 IBC Chapter 17. Complete supporting special inspection schedule document and submit with plans. Plumbing plans shall be submitted to the State Plumbing Department for approval prior to the issuance of a plumbing permit. St Paul water requires permits for water piping. Maplewood requires permit for drain waste and vent. Permits are required for building, plumbing, mechanical, electrical, health, fire alarm, and sprinklers. Provide twosets of stamped and signed plans and one digital set. Citizen Comments Staff surveyed the 58 property owners within 500 feet of this site for their comments. Therewere 12 replies. For 1.I support the proposal. It should be noted that property lines are not shown correctly for 1247 Kohlman and 2720 Maplewood Dr. in the overhead image enclosed. The 2720 property has an appendage or wedge between the back of our property and what was the Don’s Body Shop Property. (Jonathan and Marilyn Buesing, 1247 Kohlman Avenue) 2.Hello, my name is Charles Crummy. I am the owner of the property that Morrie's Mercedes is looking to do the land swap with. I was approached by an employee of Morries about a land deal. They were very nice and had explained that Porsche and Mercedes had split when Packet Page Number 108 of 159 J1 Maplewood lmports sold. The problem that Morries was having was that Mercedes was looking for a larger lot, and in order for Morries to keep Mercedes at this site, Morries needed to increase the amount of vehicles the lot could handle to keep Mercedes at this location. Morries has since reached out and looked at wetland development and if it was an option to move some wet lands to make their lot bigger. They also procured a business off of highway 61 to help with the space needed. lt turns out that without the portion of my backyard it was going to be very costly for Morries to keep Mercedes there. They had in turn looked at a few other sites out of Maplewood and then contacted myself. The purpose of the land swap was working in multiple peoples favors, Morries would get the needed space for Mercedes and the parcel up off of Kohlman would not be sold off and a very small home put on the parcel for sale. Driving market values of neighboring properties down. Yes, I realize that a car dealership could also drive down values, but Morries had a plan to separate the commercial property from the residential property using a 20' berm and pine trees on top of it to make a more natural break. I was told that they would use timers on directional lighting so they would not offend any of the neighbors as well as myself. They have been very forthcoming on their intentions and I believe I would rather see a Mercedes dealer in my backyard with a fancy new building then the possibility of Morries selling off to a used car dealer and changing the cliental that would be walking through our backyards. I have always supported Maplewood and I believe keeping Mercedes in town would be a mutually beneficial proposition for all involved. Maplewood would get a better tax base on a high end dealer. The homeowners would get a better outcome then if they were to lose Mercedes, and Mercedes would get a lot that is large enough to hold the numbers of vehicles required to stay a Mercedes dealership as well as getting to build a building that fits the corridor (turns out that all of the dealerships on 61 have brand new building and landscaping, I think it would only be fair to have one of our longstanding lots get the chance to keep up with the Jones's). I know my neighbors and I are all worried about possible items that would be annoying as home owners such as extra generated noise lights or possible land values dropping, howeverI believe that Morries has a great plan in place and I am sure they will work with all of the homeowners that this could effect to help eliminate any future hardships. (Charles Crummy, 1263 Kohlman Avenue) 3.I am very excited to see additional investment in the area especially of the quality Mercedes is looking to build. I have no objections to the Lot division, Rezoning, comprehensive plan amendment or the Variance. (Mike Brass, Property Owner of 2780 Maplewood Drive) Against 1.My opinion is that I am strongly opposed to this. We do not need to encroach on the wildlife that lives in the Shoreland Overlay District or destroy more of our wetlands. 214,548 square feet of impervious surface is a serious detriment to wildlife. We need more community gardens and wildlife areas and we need to SAVE OUR WETLANDS!!!! This would bring more traffic, noise and pollution to an already sensitive ecosystem. Please consider the environment when making your decision, I know I’m just one small voice but I love my city because of the nature I get to experience everyday here. (Jolene Durant, 1244 Kohlman Avenue) 2.The variance for the 350 foot setback places cars/parking lot too close to our property. Sunday towtrucks and Sunday “customers” are more visible/close to our yard. The 350 foot setback ordinance should be followed. Government is about following precedence not making exceptions. Lighting, car alarms, car activity devalues our property. Please give strong Packet Page Number 109 of 159 J1 consideration to our concerns – follow the current setback allowance already existing. Do not allow for less distance. (Robert and Michele Emerson, 157 Kohlman Avenue) 3.I thoroughly oppose allowing this dealership to build that close to residential areas. With a parking lot comes street lights that never shut off! The light pollution will negatively impact out whole neighborhood. I really hope my opinion and the opinion of a lot of my neighbors is seriously taken into account. But as this project has been allowed to get this far I am sure it means little. (David and Emily Marin, 1284 Kohlman Avenue) 4.I am writing today in response to your letter dated April 23, 2018, per our telephone conversation regarding the 2780 in Maplewood Drive Mercedes Benz development proposal. I am writing to you not only as a longtime resident. But as a longtime commissioner of the city of Maplewood Planning Commission. I was a city planning commissioner when Mercedes Benz first came to our city to build at their current location. Per our discussion on the telephone. I am writing to inform you that when Mercedes Benz came to the city to build originally. The city gave Mercedes Benz a variance to build up to the wetland behind their property and allowed them to place their required catch basin into the wetland area. Jeff Olson was the City Director of Planning and Melinda Coleman who was then the Assistant Planner. They were both in charge of development and very aware of this. This business has already received several CUP's, Variances and special setbacks already that encroach on and intothe residential properties and into the previously designated wetland. You cannot put additional variances and CUP's on top of already granted special allowances transferring onto a new business piggybacking on the old already granted and in place. The City itself has a wetland ordinance that they do not enforce with businesses. The Ramsey-Washington Metro Watershed District has closed and re-routed the County Ditch 18. They have constructed and installed several weirs across the acreage of KSTP fromsouth to north and west of the tower. They have also created several large areas of ponding along Beam Avenue backing up and holding the stagnant water onto a larger area for longer periods of time behind the properties of everyone north of Kohlman Avenueand North Clarence Streets. The area is so large that it also backs up to the property behind the dealership's current location. This fills the "Natural Wetland" that existed when Mercedes Benz built their dealership originally. This city has allowed andenabled this to happen, so the city can claim more wetland without the knowledge and permission of the surrounding homeowners. When the city allowed and permitted the Ramsey-Washington Metro Watershed District to alter the KSTP property. No property owners were given the proper legal notice. Not one homeowner within 500 feet of the proposed project received notice. This project itself has created a nuisance and a health hazard. The city would be putting commercial property into already zoned residential property. You would be extending commercial property on HWY 61 corridor. Packet Page Number 110 of 159 J1 When was the public hearing and input that is required by state statute from the neighborhood for the changes in the zoning? For as long as the Mercedes-Benz has been at its current location they have had a blatant disregard for our neighborhood and their influence on it. They and the city have done absolutely nothing to respect the property owner's rights to the full use and enjoyment of their property. We have numerous customers race through our neighborhood test driving their cars several times per week. The dealership has been given notice numerous times to stop this and they disregard that as well. The management themselves have been extremely rude when they have been put on notice regarding this serious safety issue. This is another safety hazard for our neighborhood. This has also created more wear and tear on our deteriorating and neglected roads. Your enforcement cannot be selective. The ordinances are the same for all taxpayers. The Public has the right to know. And this development should not be granted another variance when they have already had one. This proposed development would violate that variance and your wetland ordinance. (Ralph Sletten, 2747Clarence Street North) 5.I fear our street will become the “test drive” or “back door” to the dealership. It is already being used for the movement of their car inventory. It will impact our residential street even more… Traffic and noise. (Francis and Anita Wright, 2684 English Street) 6.Against this plan – we the residents don’t need anymore light pollution – we are still getting car dealership traffic on our road and sometimes at higher speeds. They say they don’t go through residential streets – wrong – we have called. No bigger footprint! New is nice but not fair to residents involved. Setbacks are established for a reason. P.S. with all the traffic on English plus added from this could we get new streets. Been here 24 years with original road. Patcheson patches. Hate to bring this all on you but we are still upset about “promises” made by the city on another development. In a nutshell, two owners turned a duplex into a 4-plex then asked permission afterwards. We all approved the deal after being promised no other expansion, outdoor building, etc. would happen. We now have an apartment building with asphalt backyard, oversize garage and 2 large utility sheds in a residential neighborhood. Not Morrie’s fault. I can live with same footprint. Why disruptresidents who will deal with this. Dealerships were large enough before. No need for in residential. P.S. we need new streets. Take a tour of English between C and Kohlman, then take Kohlman down to the dealership. The city should be embarrassed. (Mark Nichols, 2666 English Street) 7.We believe there are a significant amount of car dealerships along Highway 61 – it is not necessary to increase their footprint. The existing dealership is loud and illuminated 24/7. It is very distracting to a quiet neighborhood. Car alarms, excess lighting, loud speakers paging workers are already too close to the residential area. We do not agree that this project – expanding the footprint – is consistent with the spirit or purpose of this neighborhood. (Joseph and Donna Pinotti, 2715 Clarence Street Nortth) Packet Page Number 111 of 159 J1 Comments/Concerns 1.We do not want the lighting to be offensive (we are east of the property) We do not want the existing buffer facing east removed (picture attached) and, we request that additional buffer be added in the gap area's as shown on the picture. The view in the picture is from our home looking west. We do not want to see any further infringement into the wetland area We do not want customer's test driving cars in the neighborhood If the project is approved, we expect that Morrie's will be cognizant of the fact that there are federal & state protected creature's in the wetlands, including owls, hawks and sandhill cranes and that the necessary precaution be taken as to not disturb or harm any of the creatures (Larry and Michele DeMarre, 2746 Clarence Street North – Letter with photo can be found in attachment section of report) 2.My concerns/issues are as follows: Property Values - What will be the effect of the reduced distance from my residence to the developed property of the dealership on my home value? The closer the commercial development to the home, the more detrimental the impact on the residential values is my understanding. Visual lmpact to Residents - The visual depiction of the planned berm placesa lot of emphasis on the height and spread of the deciduous trees planted but by number of specimens to be planted they represent a much smaller portion of the trees to be planted. I also seriously question that any of the plantings will approach 20 or more feet in height within 4 years. Lighting - Where could I go see an example of the "full cut off fixture" to see how effective they are at directing light and not interfering with a residential neighborhood. Depending on the effectiveness of these fixtures there could be a negative effect on the residents of the neighborhood. Wetlands - When I moved into the neighborhood (27 years ago), I had the understanding that the dealership lot could not be expanded as it bordered on wetlands that were protected. Has that changed, and if so how and when? What, if anything will be done to protect what is left of the wetlands? The visual representation doesn't show anything. I have seen the trend for dealerships to have separate facilities for most, if not all of their various brands. With the new buildings that have been developed for some of the brands previously based where at 2780 Maplewood Drive, isn't there enough space left for the existing dealership to remodel without all the amendments and variances? And to be clear, while the applicant refers to "need" for the rebuild and accommodations, it is actually their "desire" for this to happen. Finally, on a more personal and esthetic note: My understanding is that the lot division part of this development involves the lot between my residence (1281 Kohlman), and 1253 Kohlman. While I have no objection to the actual division of the lot, I would like the two very large cottonwood trees on the dealerships lot to be removed or better maintained. They have not been cared for (trimmed or cleaned), deposit large amounts of dropped twigs/branches and Packet Page Number 112 of 159 J1 annually create a "snowstorm" of seeds that is a maintenance/visual nuisance and their size and age represent a risk to my property and residence. (Michael Mastrian, 1281 Kohlman Avenue) Reference Information Site Description Site Size: 8.97 Acres Existing Land Use: Mercedes Benz Dealership Surrounding Land Uses North: KSTP South: Single family dwellings East: Wetlands, property owned by KSTP and single family dwellings West: Maplewood Drive/Highway 61 Planning Existing Land Use:Commercial and Low Density Residential Existing Zoning:Light Manufacturing and Single Dwelling Past Actions November 6, 1969: The city council approved plans for the original building. July 19, 1979: The council approved a CUP for a 3,900-square foot shop addition. June 8, 1987: The council approved a CUP for a 1,740-square foot car wash addition. December 9, 1996: The city council approved a CUP for vehicle showroom and repair garage additions for Maplewood Imports. The council also approved a wetland buffer width variance. The city code required an average of a 100 foot wide wetland buffer in the back of this site. The applicant received approval to provide a narrower buffer which varied in width. The council also approved the design plans. March 26, 2001: The city council approved a CUP revision allowing a building expansion to increase the size of the dealership’s vehicle repair space. Attachments 1.Comprehensive Plan Amendment Resolution 2.Zoning Map Amendment Resolution 3.Conditional Use Permit Revision Resolution 4.Variance Resolution 5.Overview Map 6.Land Use Map 7.Zoning Map 8.Wetland Map Packet Page Number 113 of 159 J1 9.DeMarre’s Letter, dated May 4, 2018 10.Applicant’s Letters 11.Site Plan 12.Landscape Plan 13.Building Elevations 14.Certificate of Survey 15.Staff Engineer Jon Jarosch’s comments, May 8, 2018 16.Environmental PlannerShann Finwall’scomments, May 15, 2018 17.Materials from the Applicant’s Neighborhood Meeting 18.Draft Planning Commission Minutes, May 15, 2018 19.Applicant’s Plans (separate attachment) Packet Page Number 114 of 159 J1, Attachment 1 COMPREHENSIVE PLAN AMENDMENT RESOLUTION WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, has requested a change to the City of Maplewood’s land use plan from LDR (low density residential) to C (commercial) for consistency between all of the parcels the applicant owns which comprise the auto dealership property. WHEREAS, this change applies to the property located at 2780 Maplewood Drive. The legal description of the property is: That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota. Also together with that part of vacated English Street. Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 29, Range 22 More particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36 minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to the southwest corner of said Lot 99, being common with a point on the north line of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06 seconds Eastalong said north line, a distance of 31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said east line, a distance of 258.84 feet to a found capped iron pipe license number 43933; thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring 310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number 8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East along said west line, a distance of 18.84 feet to a found capped iron pipe license number 8612on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes 58 seconds East along said south line and the easterly extension thereof, a distance of 136.03 feet to a found capped iron pipe license number 12682 on said east line ofthe Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east Packet Page Number 115 of 159 J1, Attachment 1 line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the westerly extension of the south line of the north 335 feet of said Lots 73 and74; thence North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00 minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74 and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter and the point of beginning. WHEREAS, the history of this change is as follows: 1.On May 15, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 approvethe land use plan change. 2.On May 29, 2018, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ___________ the above described change for the following reasons: 1.A goal of the Maplewood 2030 Comprehensive Plan is to promote efficient, planned commercial and industrial expansion within the city. 2.A goal of the Maplewood 2030 Comprehensive Plan is to encourage attractive commercial and industrial development while limiting itsimpacts on surrounding uses byproviding adequate screening or buffering of new or expanded commercial areas from anyadjacent existing or planned residential development. This land use plan amendment is subject to approval by the Metropolitan Council. The Maplewood City Council _________ this resolution on May 29, 2018. Packet Page Number 116 of 159 J1, Attachment 2 ZONING MAP AMENDMENT RESOLUTION WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, has requested a change to the City of Maplewood’s zoning map from R1 (single dwelling) to M1 (light manufacturing) for consistency between the zoning map and actual use of the land. WHEREAS, this change applies to the property located at 2780 Maplewood Drive. The legal description of the property is: That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota. Also together with that part of vacated English Street. Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 29, Range 22 More particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36 minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to the southwest corner of said Lot 99, being common with a point on the north line of said Southeast Quarterof the Southeast Quarter; thence North 89 degrees 36 minutes 06 seconds East along said north line, a distance of 31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said east line, a distance of 258.84 feet to a found capped iron pipe license number 43933; thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring 310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped iron pipe license number 8612 on the east line of said Lot15 measuring 300.03 feet south of the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number 8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East along said west line, a distance of 18.84 feet to a found capped iron pipe license number 8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes 58 seconds East along said south line and the easterly extension thereof, a distance of 136.03 feet to a found capped iron pipe license number 12682 on said east line of the Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east Packet Page Number 117 of 159 J1, Attachment 2 line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00 minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74 and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter and the point of beginning. WHEREAS, the history of this change is as follows: 1.On May 15, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 approvethe zoning mapchange. 2.On May 29, 2018, the city council discussed the zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ___________ the above described change for thefollowing reasons: 1.This proposed rezoning would enable the continued use of the existing, non-residential, activity on site. 2.This change would comply with the comprehensive land use plan commercial classification. 3.The proposed rezoning would meet the following six criteria for a zoning map revision as required by city ordinance: a.Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter. b.Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d.Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Packet Page Number 118 of 159 J1, Attachment 2 e.Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. f.Impose such conditions, in addition to those required, as are necessary to ensure that the intent of this chapter is complied with, which conditions may include but not be limited to harmonious design of buildings; planting and the maintenance of a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; and adequate standards ofparking and sanitation. The Maplewood City Council _________ this resolution on May 29, 2018. Packet Page Number 119 of 159 J1, Attachment 3 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, has applied for a conditional use permit revision for its auto dealership which includes auto repair and a car wash within the M1 (light manufacturing) district. WHEREAS, Sections 44-637 of the city ordinances requires a conditional use permit for any building erected, altered or conducted within 350 feet of a residential district. WHEREAS, this permit applies to the property located at 2780 Maplewood Drive. The legal description of the property is: That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota. Also together with that part of vacated English Street. Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 29, Range 22 More particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearingalong the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36 minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to the southwest corner of said Lot 99, being common with a point on the north line of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06 seconds East along said north line, a distance of 31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South 22degrees 21 minutes 57 seconds West along said east line, a distance of 258.84 feet to a found capped iron pipe license number 43933; thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring 310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number 8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East along said west line, a distance of 18.84 feet to a found capped iron pipe license number 8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes Packet Page Number 120 of 159 J1, Attachment 3 58 seconds East along said south line and the easterly extension thereof, a distance of 136.03 feet to a found capped iron pipe license number 12682 on said east line of the Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00 minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74 and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter and the point of beginning. WHEREAS, the history of this permit is as follows: 1.On May 15, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 approvethe permit. 2.On May 29, 2018, the city council discussed the permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above- described conditional use permit because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use wouldbe served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Packet Page Number 121 of 159 J1, Attachment 3 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1.All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2.The proposed construction must be started within one year of council approval orthe permit shall end. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The propertyowner shall submit an annual report to engineering staff on the sump catch basin effectiveness and stormwater maintenance activities. 5.The property owner shall not park on the grass or landscaped areas. The dealership shall only park vehicles on designated paved surfaces. 6.All activity shall be confined to the site. There shall be no loading or unloading of vehicles on the street rights-of-way. All employees must park within thesite. No employee parking is allowed on any nearby public streets. 7.The dealership shall ensure that noise from business operations, including any external speakers, shall not exceed the state noise standards and all activities on the site must meet all city noise regulations. 8.The dealership shall not test drive any vehicles associated with its operation on local neighborhood roads within the City of Maplewood. 9.The dealership shall not store damaged vehicles on the site except in the building. 10.The dealership shall store all garbage, trash, waste materials, tires, vehicles parts and obsolete parts in the building or in a fully enclosed trash container or enclosure. 11.The dealership shall not store any tires, vehicle parts, garbage, trash, waste materials or other debris outside. All such storage must be inside the building or in approved enclosure. 12.The dealership shall ensure that all vehicle repair, assembly, disassembly and maintenance is done within the enclosed building. 13.Comply with all city ordinance requirements for signage and parking. Packet Page Number 122 of 159 J1, Attachment 3 14.The applicants shall obtain any required permits from the Ramsey Washington Metro Watershed District, Ramsey County and the State of Minnesota and meet the requirements of those agencies. 15.The applicant must sign a wetland buffer restoration maintenance agreement with the City which will require the applicant to ensure the native plants are established within the buffer within a three-year period. 16. The applicantshall provide all development agreements, maintenance agreements and escrows required by the city. These agreements shall be executed and escrows paid before the issuance of building permits. 17.The applicant shall dim all site lighting at 8 p.m. daily. Light poles within 75feet of a residential property line shall be limited to 15 feet in height. The Maplewood City Council __________ this resolution on May 29, 2018. Packet Page Number 123 of 159 J1, Attachment 4 SETBACK VARIANCE RESOLUTION WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, applied for a 308-foot setback variance to build an auto dealership building and associated parking lot near residential properties the city has planned for residential use. The proposed building would be setback 115 feet and the parking lot would be setback 42 feet. WHEREAS, Section 44-511(4)(b) requires the sale or leasing of new and used motor vehicles when all such activities are on the same property be setback350 feet of any property that the city is planning for residential use. WHEREAS, the applicant is proposing to have its new building setback 115 feet and the parking lot 42 feet from property that the city is planning for residential use. WHEREAS, this variance applies to the property located at 2780 Maplewood Drive. The legal description of the property is: That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION, Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA ADDITION, Ramsey County, Minnesota. Also together with that part of vacated English Street. Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 29, Range 22 More particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36 minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to the southwest corner of said Lot 99, being common with a point on the north line of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06 seconds East along said north line, a distance of 31.54 feet to the easterly right of way line of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said east line, a distance of 258.84 feet to a found capped iron pipe license number 43933; thence South 67 degrees 39 minutes 02 seconds East,a distance of 185.82 feet to a found capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring 310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number 8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East Packet Page Number 124 of 159 J1, Attachment 4 along said west line, a distance of 18.84 feet to a found capped iron pipe license number 8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes 58 seconds East along said south line and the easterly extension thereof, a distance of 136.03 feet to a found capped iron pipe license number 12682 on said east line of the Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00 minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74 and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes 00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of the north line of said Lot 97; thence South 89 degrees 36 minutes 06 secondsWest along said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter and the point of beginning. WHEREAS, the history of this variance is as follows: 1.On May 15, 2018, the planning commission held a public hearing. Thecity staff published a hearing notice in the Maplewood Review 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 approvethis variance. 2.On May 29, 2018, the city council discussed variance. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ___________ the above described variance for the following reasons: 1.The proposed use would be in harmony with the general purposes and intent of the zoning ordinance since this property has been used as an auto dealership for 49 years. 2.The proposed commercial use is consistent with the commercial classification of the Maplewood Comprehensive Plan. 3.The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city’s requirement that auto uses be setback 350 foot from properties the city has planned for residential. 4.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the setback requirement stipulated by the ordinance would prohibit the reconstruction of an auto dealership on this site. The Maplewood City Council __________ this resolution on May 29, 2018. Packet Page Number 125 of 159 J1, Attachment 5 2780 Maplewood Drive April 17, 2018 City of Maplewood Legend ! I SubjectProperty ProposedLotLine 0240 Feet Source: City of Maplewood, Ramsey County Packet Page Number 126 of 159 J1, Attachment 6 2780 Maplewood Drive April 17, 2018 City of Maplewood Legend ! I Future Land Use Low Density Residential Commercial 0240 Feet Source: City of Maplewood, Ramsey County Packet Page Number 127 of 159 J1, Attachment 7 2780 Maplewood Drive April 17, 2018 City of Maplewood Legend ! I Zoning Single Dwelling (r1) Farm (f) Light Manufacturing (m1) 0240 Feet Source: City of Maplewood, Ramsey County Packet Page Number 128 of 159 J1, Attachment 8 2780 Maplewood Drive , 2018 City of Maplewood Legend ! I Wetlands Manage A 0240 Feet Source: City of Maplewood, Ramsey County Packet Page Number 129 of 159 J1, Attachment 9 Packet Page Number 130 of 159 J1, Attachment 10 Packet Page Number 131 of 159 J1, Attachment 10 Packet Page Number 132 of 159 J1, Attachment 10 Packet Page Number 133 of 159 J1, Attachment 10 Packet Page Number 134 of 159 J1, Attachment 10 Packet Page Number 135 of 159 J1, Attachment 10 Packet Page Number 136 of 159 J1, Attachment 10 Packet Page Number 137 of 159 J1, Attachment 10 Packet Page Number 138 of 159 J1, Attachment 10 Packet Page Number 139 of 159 J1, Attachment 10 Packet Page Number 140 of 159 J1, Attachment 11 MAPLEWOOD, MINNESOTA MORRIES-MERCEDES-BENZ A BUILDING RENOVATION FOR: KCABTES GNIKRAP 42'-1 13/16" EX.NEW 25'-0" 350'-0" 115'-0 1/2" S L L A T S G N I "K 6 R" -2 '/ 1 A 56 - P' 8 8 4 ' R 5 . 9 E @ SM L L AO T " S T 0 - '8 11 S 7 1 U C ' 5 . 9 Packet Page Number 141 of 159 J1, Attachment 11 Packet Page Number 142 of 159 J1, Attachment 12 Packet Page Number 143 of 159 J1, Attachment 13 MAPLEWOOD, MINNESOTA MORRIES-MERCEDES-BENZ A BUILDING RENOVATION FOR: LOCATION:LOCATION:LOCATION:LOCATION: LOCATION: LOCATION: LOCATION:LOCATION:LOCATION: Packet Page Number 144 of 159 J1, Attachment 13 MAPLEWOOD, MINNESOTA MORRIES-MERCEDES-BENZ A BUILDING RENOVATION FOR: 28'-0" 4'-0" 12'-0" 4'-0" Packet Page Number 145 of 159 J1, Attachment 14 Packet Page Number 146 of 159 J1, Attachment 15 Engineering Plan Review PROJECT: Morrie’s Mercedes Benz PROJECT NO: 18-12 COMMENTS BY: Jon Jarosch, P.E. – Assistant CityEngineer DATE: 5-8-2018 PLAN SET: Engineering plansdated 5-4-2018 REPORTS: Preliminary StormwaterManagement Plan – Dated 5-7-2018 Theapplicant is proposing to demolish the existing building and construct a new auto dealership facilitywithaccompanying site improvements.The applicant is requesting review of the current design. Theamount of disturbance on this site is greater than ½acre. As such,the applicantis required to meet the City’s stormwater quality, rate control, and other stormwater management requirements.Additionally, this project lies within the Shoreland Overlay District, which requires water quality improvements above and beyond those set forth in the City’s standard stormwater management requirements. The applicant is proposing to meet these requirements via the use oftwo largeunderground infiltration systems. From the information submitted, it appears that the proposed design meets the City’sstormwater management requirements and additional Shoreland Overlay requirementsas is further discussed in this report. This review does not constitute a final review of the plans, as the applicant will need to submit construction documentsand calculationsfor final review.Thefollowing are engineeringreview comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management This site lies within the Kohlman Lake subwatershed. The west 1/3 of the site drains to the drainage system along Highway 61, while the eastern 2/3 of the site drains to the wetland to the east. These overall drainage patterns are proposed to be maintained. Since the site lies within the Shoreland Overlay District(Kohlman Lake), the development is restricted to a total of 40% impervious surface coverage without the use of impervious surface coverage bonuses(allowed by ordinance). A bonus would allow up to 60% impervious surface coverage with the inclusion of additional facilities for the treatment of runoff. The applicant is proposing a 51% impervious surface coverage with this project (It should be noted that their original site plan included 55% impervious surface coverage).To achieve the bonus for this project, the applicant was required to infiltrate 1.65-inches of runoff (a 50% increase over the standard volume reduction requirement) for the 11% of impervious surfaces above the 40% maximum allowed. The applicant was still required to meet the standard volume reduction requirements for the first 40% impervious. Through the combination of two underground infiltration systems, the proposed Packet Page Number 147 of 159 J1, Attachment 15 design meets and exceeds all standard stormwater and Shoreland Overlay District requirements. 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 infiltration systemsand storm sewer. The Owner shall submit a signed copy of the jointstorm-water maintenance agreementwith the Ramsey-Washington Metro Watershed Districttothe City. 3)Soil boring information shall be submitted to support the soils types utilized in the stormwater calculations. 4)The underground infiltration systems shall contain adequate access points or cleanouts to ensure the system can be properly inspected and maintained. 5)The stormwater computations utilize a 21-inch diameter pipe as an overflow for the underground infiltration system discharging into the ditch systemalong Highway 61. The plans label this as a 15-inch pipe. Please update the plans or model to reflect the final pipe configuration. Grading and Erosion Control 6)All slopesshall be 3H:1V or flatter. 7)Inlet protection devices shall be installed on allexistingand proposedonsite storm seweruntil all exposed soils onsite are stabilized.This includes storm sewer on adjacent streets that could potentially receive construction related sedimentor debris. 8)Adjacent streetsand parking areasshall be swept as needed to keep the pavement clear of sediment and construction debris. 9)All pedestrian facilities shall be ADA compliant. 10)The total grading volume (cut/fill) shall be noted on the plans. 11)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. Packet Page Number 148 of 159 J1, Attachment 15 Sanitary Sewer and Water Service 12)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposedwith this project. 13) Allmodifications to the water system shall be reviewed by Saint Paul regional Water Services. All requirements of SPRWS shall be met. 14)All new sanitary sewer service piping shall be schedule 40 PVCor SDR35. Other 15)A right-of-way permit and drainage permit shall be obtained from MnDotfor allwork done within the State right-of-way along Highway 61. 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. 16)Grading and erosion control permit 17)Storm Sewer Permit 18)Sanitary Sewer Permit -END COMMENTS - Packet Page Number 149 of 159 J1, Attachment 16 Environmental Review Project: Morrie’s Automotive Group – MercedesBenz Dealership Dateof Plans: May 4, 2018 Date of Review: May 15, 2018 Location: 2780 Maplewood Drive Reviewers: Shann Finwall, Environmental Planner (651) 249-2304;shann.finwall@ci.maplewood.mn.us Background: The applicant proposes to tear down the existing car dealership building and build a newMercedes Benzdealership. There are significant trees and a Manage A wetland located on the property. Development of the property must comply with the City’s tree preservation and wetland ordinances. 1.Tree Preservation Ordinance:Maplewood’s tree preservation ordinance describes a significant tree as a hardwoodtree 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. A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or larger. The ordinance requires any significant tree removed to be replaced based on a tree mitigation calculation. The calculation takes into account the amount of significant trees removed versus the amount preserved. It also gives credits to the final tree replacement if the development preserves specimen trees. Tree Removal and Required Replacement:There are 35 significant trees equaling 559 diameter inches on the property. The applicant is removing 27 significant trees equaling 452 diameter inches. The City’s tree replacement calculation requires the applicant replace 412.62 caliper inches of trees, or 206 trees which are 2 caliper inches in size. Tree Replacement:The applicant’s landscape planting planshows the addition of 91 new trees for a total of 194.5 caliper inches, which is 281.12 caliper inches less than the required 412.62 caliper inches. Tree Preservation Recommendations: a.Revised Tree Preservation Plan: The applicant must submit a revised tree preservation plan which shows the correct diameter inches of significant trees on site and removed. The current plan identifies 536 caliper inches of trees on site and 429 caliper inches of trees removed. The corrected version should reflect 559 caliper inches of treeson site and 452 caliper inches of trees removed. Packet Page Number 150 of 159 J1, Attachment 16 b.Revised Landscape Planting Plan: The applicant must submit a revised landscape planting plan that shows an additional 218.12 caliper inches of replacement trees on the site. This can be accomplished by increasing the size of proposed trees or planting 109 – 2 caliper inch trees. There is room for additional trees along the east side of the parking lot, within the wetland buffer. The trees are required to provide screening to the residential property owners to the east. Additionally, since the trees will be located within the wetland buffer, they must be native to Minnesota. c.Tree Fund Payment: There is not enough room on the site to plant all of the required replacement trees, but the applicant should make an effort to plant as many trees on the site as possible. Once that is achieved, the applicant can pay into the City’s tree fundat a rate of $60 per caliper inch of tree that cannot be planted on site. d.Tree Preservation: Submit a tree preservation plan which shows how the trees scheduled to be preserved will be protected during development per the City’s tree standards. e.Surety: The applicant shall submit a cash escrow or letter of credit to cover 150% of the tree replacement requirements. 2. Wetland Ordinance: There is a Manage Awetland located on the east side of the property. TheCity’s wetland ordinance requires a 75-foot minimum and 100- foot average wetland buffer adjacent a Manage A wetland. In 1996 this property received a variance to build parking within the wetland buffer on the east side of the lot. That parking lot is located within 20 feet of the wetland at its closest point. Wetland BufferImpacts:The applicants are proposing to remove 11,900 square feet of hard surface from the east side of the existing parking lot, adjacent the wetland. The remaining hard surface on that part of the parking will be located approximately 45 feet from the wetland at its closest point. This is an improvementto the approved 1996 variance which allowed the parking lot to be located within 20 feet of the wetland. The new parking lot area added to the south side of the lot will maintain the required 75-foot minimum and 100-foot average wetland buffer. Wetland Buffer Mitigation:Removal of 11,900 square feet of hard surface near the wetland buffer and improved storm watermanagement on the site will reduce the environmental impacts of the development. To further mitigate impacts near the wetland, the City’s wetland ordinance outlines wetland mitigation strategies to include restoring the wetland buffer with native vegetation. WetlandBuffer Recommendations: a.Wetland Buffer Restoration Plan:The applicants must submit a wetland buffer restoration plan for all disturbed areas on the east side of the parking lot. The plan must be approved by City staff prior to issuance of a Packet Page Number 151 of 159 J1, Attachment 16 grading permit and include native plants and replacement native trees as outlined in item 1.b. (Tree Preservation Recommendations) above. b.Wetland Buffer Signs: Prior to issuance of a grading permit, the applicant must install city wetland signs at the edge of the approved wetland buffer that specify that no building, mowing, cutting, grading, filling or dumping be allowed within the buffer. Sign locations to be approved by city staff. The location of the signs must be verified with a survey to ensure proper placement. c.Maintenance Agreement: The applicant must sign a wetland buffer restoration maintenance agreement with the City which will require the applicant to ensure the native plants are established within the buffer within a three-year period. d.Surety: The applicant must submit a cash escrow or letter of credit to cover 150 percent of the wetland buffer restoration. The City will retain the surety for up to three years as outlined in the maintenance agreement to ensure the wetland buffer plantings are established. Packet Page Number 152 of 159 J1, Attachment 17 SAMPLEOFLETTERSENTTOALLPROPERTIESWITHIN 500FEETANNOUNCINGNEIGHBORHOODMEETING Packet Page Number 153 of 159 J1, Attachment 17 Packet Page Number 154 of 159 J1, Attachment 17 Packet Page Number 155 of 159 J1, Attachment 17 Packet Page Number 156 of 159 J1, Attachment 17 Packet Page Number 157 of 159 J1, Attachment 18 DRAFT MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 15,2018 7:00 P.M. 5.PUBLIC HEARING d.7:00 p.m. or later: Comprehensive Plan Amendment, Rezoning, Variance, Conditional Use Permit and Lot Division, Mercedes Benz, Morrie’s Automotive Group, 2780 Maplewood Drive i.Economic Development Coordinator, Michael Martin gave the report on the Comprehensive Plan Amendment, Rezoning, Variance, Conditional Use Permit and Lot Division, for Mercedes Benz, Morrie’s Automotive Group, 2780 Maplewood Drive and answered questions of the commission. ii.Director of Real Estate, Morrie’s Automotive Group, Phillip Branson, 12520 Wayzata Boulevard, Minnetonka, addressed and answered questions of the commission. iii.Civil Engineer, Brady Busselman, Sambatek,1280 Whitewater Drive, Suite 300, Minnetonka, addressed and answered questions of the commission. iv.Architect, Brannin Gries, 500 Commercial Street North, Neenah, Wisconsin, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. 1.Robert Emerson, 1257 Kohlman, Maplewood. His concern is the external lighting affecting his property and the noise such as car horns for the service door to open up or car alarms. 2.John Kliethermes, ForestLake representing his son John at 2720 Maplewood Drive, Maplewood. 3.Jonathon Buesing, 1247 Kohlman, Maplewood. (spoke twice) 4.Mike Mastrian, 1281 Kohlman, Maplewood. Chairperson Arbuckle closed the public hearing. Commissioner Kempe moved to approve the attached comprehensive plan amendment resolution. This resolution approves the comprehensive land use plan amendment from LDR (low density residential) to C (commercial) for approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive. Seconded by Commissioner Eads. Ayes - All The motion passed. Commissioner Kempe moved to approve the attached zoning map amendment resolution. This resolution approves amending the zoning map from R1 (single dwelling) to M1 (light manufacturing) for approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive. Seconded by Commissioner Ige. Ayes - All Packet Page Number 158 of 159 J1, Attachment 18 The motion passed. moved to approve the lot division request to subdivide and adjust Commissioner Kempe lot lines for the applicant’s 2.9 acre parcel located within the property at 2780 Maplewood Drive and the neighboring 1.59 acre parcel located at 1263 Kohlman Avenue East. This lot division approval is subject to the following conditions: 1.A survey must be submitted to planning staff for final approval. 2.The lot division and any and all easement agreements must be recorded with Ramsey County within one year of approval date otherwise the approval is null and void. Seconded by Commissioner Donofrio. Ayes - All The motion passed. Commissioner Kempe moved to approve the attached conditional use permit revision resolution. This resolution revises the conditional use permit that approved vehicle repair and a car wash to be located onto the auto dealership building. The revised resolution outlines the conditions required for the entire new auto dealership building, as all buildings erected in the Light Manufacturing zoning district within 350 feet of a residential district require a conditional use permit. Adding item 17 Lights will dimat closing 8 p.m. Poles limited to 15 feet on south property line. Seconded by Commissioner Donofrio. Ayes - All The motion passed. Commissioner Kempe moved to approve the attached setback variance resolution for Morrie’s proposed Mercedes Benz building and parking lot. Ordinance requires auto uses to have a 350 foot setback from properties the city has planned for residential. The applicant requires a 308 foot setback variance as the parking lot would be setback 42 feet from residential property while the building would be setback 115 feet. Seconded by Commissioner Donofrio. Ayes – Commissioner’s Eads,Donofrio, Ige, & Kempe Nay – Chairperson Arbuckle The motion passed. Packet Page Number 159 of 159