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HomeMy WebLinkAbout2024-06-10 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 10, 2024 City Hall, Council Chambers Meeting No. 11-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. May 28, 2024 City Council Workshop Meeting Minutes 2. May 28, 2024 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Fire Chief’s Recognition for Resident Bella George G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Resolution to Maintain Statutory Tort Liability Limits 3. Local Lawful Gambling Permit for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street 4. Ramsey-Washington Metro Watershed District City Hall Courtyard Native Planting Grant 5. St. Paul Area Chamber of Commerce City Hall Courtyard Wellness Grant H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS 1. Resolution Awarding the Sale of G.O. Improvement Bonds, Series 2024A J.NEW BUSINESS 1. Mid-year Budget Adjustment with Staffing Additions 2. Hearing - Appeal of Rental Housing License Denial, 1895 County Road C East K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00P.M. Tuesday,May28, 2024 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at6:00 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberAbsent C.APPROVAL OF AGENDA CouncilmemberCavemoved toapprove the agenda as submitted. Seconded by CouncilmemberLee Ayes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.EAB Tree Program Discussion Public Works Director Love gave the presentation. City Manager Sable provided additional information. Council discussed and asked questions of staff. Councilsuggested a city assessment programand directed staff to gather more information. No Action Required. 2.Legislative Session Recap City Manager Sable gave the presentation and answered questions of council. No Action Required. D.ADJOURNMENT Mayor Abramsadjourned the meetingat6:48p.m. May28, 2024 Council Manager Workshop Minutes 1 Counil Packet Page Number 1 of 334 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, May 28, 2024 City Hall, Council Chambers Meeting No. 10-24 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:00byMayor Abrams. Mayor Abrams reflected on Emerald Ash Borer, its impact on residents, and aprogram that the City is working on implementing that will assist in the removal of diseased EAB trees on privateresidences. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberAbsent D.APPROVAL OF AGENDA vemoved to approve the agenda as submitted. CouncilmemberCa Seconded by CouncilmemberLee Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.May 13, 2024 City Council Workshop Meeting Minutes CouncilmemberLeemoved to approve the May 13, 2024 City Council Workshop Meeting Minutes assubmitted. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 2.May13, 2024 City Council Meeting Minutes CouncilmemberJuenemannmoved to approve the May 13, 2024 City Council Meeting Minutes assubmitted. Seconded by CouncilmemberLeeAyes – All May 28, 2024 City Council Meeting Minutes Council Packet Page Number 2 of 334 1 E2 The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerSablegave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations None 3.Resolution of Appreciation for Retiring Human Resources Manager Terrie Rameaux Assistant City Manager/HR Director Darrow gave the staff report. City Manager Sable provided additional comments. Councilmember Juenemann read the Resolution of Appreciation. Human Resources Manager Rameaux addressed council and expressed thanks. CouncilmemberJuenemannmoved to approve the resolution of appreciation for Human Resource Manager Terrie Rameaux. Resolution 24-05-2315 RESOLUTION OF APPRECIATION FOR RETIRING HUMAN RESOURCE MANAGER TERRIE RAMEAUX WHEREAS, Terrie Rameaux began working for the City of Maplewood as the Secretary for the Finance Department on June 4, 1990, becoming Executive Secretary in January 1992, and transferring to the Human Resource Department in January 2005 where she has held multiple positions, culminating in her current role as Human Resource Manager; and WHEREAS, through Terrie Rameaux’s leadership, the City of Maplewood’s Human Resource department has grown significantly over the years; and WHEREAS, Terrie Rameaux has provided professional services to our employees throughout her 34 years as an employee of the City of Maplewood; and WHEREAS, Terrie Rameaux has met with hundreds of employees throughout her years of service assisting them with managing difficult decisions, providing guidance, and addressing issues with compassion and care; and WHEREAS, TerrieRameaux has been a tireless advocate for our staff and has worked with our seven labor unions on issues of pay, pay equity, health insurance, and benefits; and WHEREAS, Terrie Rameaux’s work ethic, attention to detail and collaborative spirit will be greatly missed and her legacy as our Human Resource Manager will live on for years to come. May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 3 of 334 2 E2 NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its residents, that Terrie Rameaux is being extended our gratitude and appreciation for her professionalism and dedicated service over the past 34 years. Seconded by CouncilmemberCave Ayes – All The motion passed. 4.Resolution Awarding the 2023 Maplewood Heritage Award to Virginia Gaynor Communication Manager Sheeran gave the staff report and presented the award. Virginia Gaynorthanked the council and commission and reflected on the numerous projects completed with the city. CouncilmemberJuenemannmoved to approve the resolution awarding the 2023 Maplewood Heritage Award to Virginia Gaynor. Resolution 24-05-2316 RESOLUTION AWARDING THE 2023 MAPLEWOOD HERITAGE AWARD TO VIRGINIA GAYNOR Whereas, Virginia Gaynor served as staff liaison to the Heritage Preservation Commission from May 2013 to June 2019. Among her many attributes, those who nominated her for this award, appreciate her attention to detail, professionalism and positive attitude; and Whereas, Ms. Gaynor was instrumental in several large projects that preserved and celebrated Maplewood History; and Whereas, she oversaw the Historic Context Study. Maplewood is still using this report today. It surveyed a wide range of buildings and open spaces thorough the City, provided their context within the City’s history and recommended ways to preserve or commemorate the parcels; and Whereas, Ms. Gaynor helped direct the publication of 60 Stories, a book that brought to life many aspects of Maplewood’s 60-year history as an incorporated City. She authored six of the 60 stories; and Whereas, in her role as both Natural Resources Coordinator and HPC Liaison, Ms. Gaynor played a lead role in surveying the Gladstone Savannah, former site of a large-scale rail maintenance yard. Through the work, they were able to determine where key structures were located, which helped them mark and recreate some aspects of the rail yard. BECAUSE OF THESE ACTIONS, IT IS HEREBY RESOLVED on behalf of the City of Maplewood, that Virginia Gaynor is presented the Maplewood Heritage Award, which recognizes an individual who has significantly contributed to preservation of Maplewood history or historic sites through research, preservation, or education and outreach Seconded by CouncilmemberLee Ayes – All May 28, 2024 City Council Meeting Minutes Council Packet Page Number 4 of 334 3 E2 The motion passed. CouncilmemberJuenemann announced the passing of past Heritage Preservation Commission member, Lois Behm, and asked for a moment of remembrance. 5.Resolution of Appreciation for HPC Commissioner Barbara Kearn Communication Manager Sheeran gave the staff report. Councilmember Lee read the Resolutionof Appreciation. Barbara Kearn addressed council and expressed thanks for the opportunity to serve. CouncilmemberJuenemann moved to approvethe Resolution of Appreciation for Barbara Kearn. Resolution 24-05-2317 RESOLUTION OF APPRECIATION Whereas, Barbara Kearn hasbeen a memberoftheMaplewood Heritage Preservation Commission from October 2021 to April 2024; and Whereas, theHeritage Preservation CommissionandtheCityCouncil appreciate her experience, insights, and good judgment; and Whereas, she hasfreelygivenhertimeandenergy,withoutcompensation,for the betterment of Maplewood; and Whereas, Commissioner Kearn’s service far exceeded her duty of preparing for and attending Heritage Preservation Commission meetings. She also worked on grants, preservation projects, and attended the three-day Preserve Minnesota Conference in 2022; and Whereas, the City of Maplewood has greatly benefited from her dedicationand leadership. THEREFORE, IT IS HEREBY RESOLVED on behalf of the City of Maplewood, Minnesota,anditscitizensthatBarbara Kearn is extendedourgratitudeand appreciation for her dedicated service. Seconded by CouncilmemberCave Ayes – All The motion passed. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda items G3 & G6 were highlighted. May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 5 of 334 4 E2 CouncilmemberLeemoved toapprove agenda items G1-G8. Seconded by CouncilmemberCave Ayes – All The motion passed. 1.Approval of Claims CouncilmemberLeemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 469,484.53 Checks # 121066 thru # 121109 dated 05/14/24 $ 98,601.29 Checks # 121110 thru # 121150 dated 05/21/24 $ 441,882.13 Disbursements via debits to checking account dated 04/15/24 thru 05/05/24 $ 1,009,967.95 Total Accounts Payable PAYROLL $ 699,409.46 Payroll Checks and Direct Deposits dated 05/10/24 $ 699,409.46 Total Payroll $ 1,709,377.41 GRAND TOTAL Seconded by Councilmember CaveAyes – All The motion passed. 2.Local Lawful Gambling Permit for Associated General Contractors of MN, Keller Golf Course, 2166 Maplewood Drive CouncilmemberLeemoved to approve the Local Lawful Gambling permit for Associated General Contractors of MNfor their event on August 2, 2024 at Keller Golf Course, 2166 Maplewood Drive. Seconded by CouncilmemberCave Ayes – All The motion passed. 3.Conditional Use Permit Review, White Bear Meadery, 1320 County Road D Circle East May 28, 2024 City Council Meeting Minutes Council Packet Page Number 6 of 334 5 E2 CouncilmemberLeemoved to approve theCUP review for White Bear Meadery, located at 1320 County Road D Circle East, and review only if a problem arises or a significant change is proposed. Seconded by CouncilmemberCaveAyes – All The motion passed. 4.Conditional Use Permit Review, Gladstone Village, 1310 Frost Avenue East CouncilmemberLeemoved to approve the CUP review for Gladstone Village, located at 1310 Frost Avenue East, and review again in one year. Seconded by Councilmember CaveAyes – All The motion passed. 5.Conditional Use Permit Review, Galahad Senior Housing Development, 1910 County Road C East oved to approve the CUP review for the Galahad Senior Housing CouncilmemberLeem Development, located at 1910 County Road C East, and review again in one year. Seconded by CouncilmemberCave Ayes – All The motion passed. 6.Purchase New Fire Engine oved to approve the purchase of a new fire engine. CouncilmemberLeem Seconded by CouncilmemberCave Ayes – All The motion passed. 7.Afton HeightsPark Field Use Agreement with St. Paul Rugby Football Club CouncilmemberLeemoved to approve the field use agreement with the St. Paul Rugby Football Club for Afton Heights Park and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney, are authorized as needed. Seconded by CouncilmemberCave Ayes – All The motion passed. 8.Resolution to Conduct Off-Site Gambling for Merrick, Inc., July 4th Celebration at Hazelwood Park, 1663 County Road C East CouncilmemberLeemoved to approve the Resolution to Conduct Off-Site Gambling for Merrick, Inc. on Thursday, July 4, 2024 during the July 4th Celebration. May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 7 of 334 6 E2 Resolution 24-05-2318 CITY APPROVAL TO CONDUCT OFF-SITE GAMBLING WITHIN CITY LIMITS MERRICK, INC WHEREAS, Merrick, Inc. has submitted an Application to Conduct Off-Site Gambling th at the July 4Celebration at Hazelwood Park, 1663 County Road D East in Maplewood, MN 55109; and WHEREAS, the off-site gambling will take place during the July 4th Celebration on Thursday, July 4, 2024. BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that Application to Conduct Off-Site Gambling is approved for Merrick, Inc. during the date stated above. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Board approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded tothe Gambling Control Board for their approval. Seconded by CouncilmemberCave Ayes – All The motion passed. H.PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, toanswer questions or respond to comments. 1.Gladstone Village, 1310 Frost Avenue East a.Public Hearing b.Public Vacation of an Easement Resolution (4 Votes) Public Works Director Love gave the staff report. Mayor Abrams opened public hearing. The following people spoke: None Mayor Abrams closed the public hearing CouncilmemberCavemoved to approve the resolution for the public vacation of an easement located within the site at 1310 Frost Avenue East. Resolution 24-05-2319 PUBLIC VACATION OF AN EASEMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: May 28, 2024 City Council Meeting Minutes Council Packet Page Number 8 of 334 7 E2 Section 1. Background. 1.01Ashley Bisner of JB Vang, petitioned the Maplewood City Council to vacate an unused public easement that is entirely within the site at 1310 Frost Avenue East. 1.02Gladstone, Ramsey Co Minn is the plat that created the lots that comprise 1310 Frost Avenue East. 1.03The utility easement was originally recorded with the vacation of Ridge Street from Skillman Avenue to 320 feet south of Ripley Street on June 3, 1971 with a recording document number of 1801806. 1.04This resolution vacates the utility easement within the former Ridge Street right-of- way for the property legally described as: Lots 1, 2, 3, 4, 5, 6, and 7, except the South 7 feet of said Lot 7, Block 3, Gladstone, according to the recorded plat thereof, together with the vacated Ridge Street adjacent, Ramsey County, Minnesota. 1.05Hearing notices on said petition was published in the City of Maplewood’s official newspaper and written notice was mailed to the affected property owners. 1.06On May 28, 2024, the City Council held a hearing on such petition, at which time all persons for and against the granting of said petition were heard. Section 2. Standards 2.01 Minnesota state statute requires that no vacation shall be made unless it appears in the interest of the public to do so. Section 3. Findings. 3.01 The Maplewood City Council makes the following findings: 1. There is no anticipated public need for the described unused public easement. 2. The vacation is not counter to the public interest. Section 4. City Council 4.01 The citycouncil hereby approves the resolution. Approval is based on the findings outlined in Section 3 of this resolution. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. I.UNFINISHED BUSINESS None May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 9 of 334 8 E2 J.NEW BUSINESS 1.Use of SRF Consulting Group, Inc. for Professional Services, 2024 Maplewood Street Improvements, City Project 23-08 Public Works Director Love gave the staff report. Mayor Abramsmovedto authorize the use of SRF Consulting Group, Inc. for professional services and further authorize the Mayor and City Manager to sign the attached work order with SRF Consulting Group, Inc. for professional services including construction surveying and construction inspection services. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2.Electric Franchise Fee Ordinances a.Revised Electric Franchise Ordinance b.Revised Electric Franchise Fee Ordinance c.Resolution Authorizing Publication of Electric Franchise Ordinance by Title and Summary (4 Votes) d.Resolution Authorizing Publication of Electric Franchise Fee Ordinance by Title and Summary (4 Votes) Public Works Director Love gave the presentation. CouncilmemberCavemoved to approve the Revised Electric Franchise Ordinance. Ordinance1047 ELECTRIC FRANCHISE ORDINANCE The City Council of the City of Maplewood, RamseyCounty, Minnesota, Ordains: Section 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1City. The City of Maplewood, County of Ramsey, State of Minnesota. 1.2City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm water, water service, street lighting, and traffic signals, but excluding facilities for providing heating, lighting or other forms of energy. 1.3Commission. The Minnesota Public Utilities Commission, or any successor agencyor agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. May 28, 2024 City Council Meeting Minutes Council Packet Page Number 10 of 334 9 E2 1.5Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed th to the General Counsel, 401 Nicollet Mall, 8Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7Public Ground. Land owned by the City for park, open space or similar public purpose, which is held for use in common by the public and not a Public Way. 1.8Public Way. Any street, alley, walkway or other public right-of-way, as defined by Minnesota Statutes, Section 237.162, subd. 3, within the City. Section 2. ADOPTION OF FRANCHISE. 2.1Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 11 of 334 10 E2 good faith tonegotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such otherrelief as may be permitted by law or equity. 2.6.Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. Section 3. LOCATION, OTHER REGULATIONS. 3.1Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along andover Public Ways and so as not to disrupt normal operation of any City Utility System. previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location, and relocation of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City’s request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee subject to Section 9.1 of this Ordinance. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission or permit from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the officedesignated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. May 28, 2024 City Council Meeting Minutes Council Packet Page Number 12 of 334 11 E2 3.4Restoration. After undertaking any work requiring the opening of any Public Groundor Public Way, in accordance with Minnesota Rules, part 7819.1100, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificateof insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way. 3.5A void Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. The Company will perform its work within the Public Way or Public Ground in compliance and in accordance with applicable laws and industry standards for a utility in similar circumstances. 3.6N otice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.8Mapping Information. The Company shall comply with Minnesota Rule part 7819.4100. Section 4. RELOCATIONS. May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 13 of 334 12 E2 4.1Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City’s cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City’s proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line ofany Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothingin this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances consistent with law. 4.2Re location of Electric Facilities in Public Ground. City may require Company, at Company’s expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existingor proposed public use of the Public Ground. 4.3Projects with Federal Funding. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally-aided highway project shall be governed bythe provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4No Waiver. The provisions of this franchise apply only to facilities constructed inreliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Waywas established, or Company's rights under state or county permit. Section 5. TE TRIMMING. RE Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid May 28, 2024 City Council Meeting Minutes Council Packet Page Number 14 of 334 13 E2 interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. Section 6. INDEMNIFICATION. 6.1Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operationof the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 6.2Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its limitations on liability under Minnesota Statutes, Chapter 466. Section 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. Section 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 15 of 334 14 E2 Section 9. FRANCHISE FEE. 9.1Fee Schedule.During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. 9.2Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. the purpose of this Section 9, the following definitions 9.3Terms Defined.For apply: 9.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s electric tariffs on file with the Commission. 9.3.2 “Fee Schedule” refers to the Fee Schedule set forth in a separate ordinance setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance fromtime to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for electric service. Company may pay the City the fee May 28, 2024 City Council Meeting Minutes Council Packet Page Number 16 of 334 15 E2 based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annualbill represented by the amount collected for franchise fee purposes. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section9.5, the foregoing conditions will be waived to the extent of such written consent. Section 10. PROVISIONS OF ORDINANCE. 10.1Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Section 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreedupon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. Section 12. PREVIOUS FRANCHISES SUPERSEDED. May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 17 of 334 16 E2 This franchise supersedes any previous electric franchise granted to Company or its predecessor. Seconded by Councilmember JuenemannAyes – All The motion passed CouncilmemberJuenemann moved to approve the Revised Electric Franchise Fee Ordinance. Ordinance 1048 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, AMINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MAPLEWOOD THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: SECTION 1. The City of Maplewood Municipal Code is hereby amended to include referenceto the following Special Ordinance. Subd. 1. Purpose. The Maplewood City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Maplewood. (a)Pursuant to City Ordinance, a Franchise Agreement between the City of aplewood and Northern States Power Company, a Minnesota corporation, M its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, as set forth in the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM October, 2024 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance May 28, 2024 City Council Meeting Minutes Council Packet Page Number 18 of 334 17 E2 with the terms set forth in Section 9 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Snforcement. Any dispute, including enforcement of a default regarding ubd. 5. E this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. DULE A SCHE Franchise Fee Rates: Electric Utility The franchise fee shall be in an amountdetermined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: ClassAmount per month Residential $4.25 SmallC & I – Non-Demand $5.50 SmallC & I – Demand $30.00 Large C & I $180.00 Public Street Lighting $9.75 Municipal Pumping – Non-Demand $8.25 Municipal Pumping – Demand$10.75 Franchise fees are submitted to the City on a quarterly basis as follows: January – March collectionsdue by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. Seconded by Councilmember LeeAyes – All The motion passed CouncilmemberLee moved to approve the resolution authorizing publication of the Electric Franchise Ordinance by title and summary. (4 votes). Resolution 24-05-2320 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO.1047BY TITLE AND SUMMARY May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 19 of 334 18 E2 WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 1047, an ordinance granting to Northern States Power Company, a Minnesota corporation, its successors and assigns, permission to construct, operate, repair and maintain in the city of Maplewood, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the city, its inhabitants, and others, and to use the public grounds and public ways of the city for such purposes; and WHEREAS, Minnesota Statutes, section412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the lengthy ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No. 1047to be published in the city’s official newspaper in lieu of the entire ordinance: Public Notice On May 28, 2024, the city council of the city of Maplewood adopted Ordinance No. 1047, an ordinance granting to Northern States Power Company, a Minnesota corporation, its successors and assigns, permission to construct, operate, repair and maintain in the city of Maplewood, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the city, its inhabitants, and others, and to use the public grounds and public waysof the city for such purposes. As the above title suggests, the ordinance grants to Northern States Power Company, d/b/a Xcel Energy, a franchise to construct, operate, repair and maintain facilities and equipment for the transmission and distribution ofelectric energy for public and private use and to use the public ways and grounds in the city for such purposes. The ordinance also prescribes certain terms and conditions associated with such activities. This public notice is intended only to summarize the ordinance. The full text of the ordinance is available for inspection at Maplewood city hall during regular business hours and has been posted to the city’s website. BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember CaveAyes – All The motion passed. CouncilmemberCavemoved to approve the resolution authorizing publication of the Electric Franchise Fee Ordinance by title and summary. (4 votes). Resolution 24-05-2321 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1048BY TITLE AND SUMMARY May 28, 2024 City Council Meeting Minutes Council Packet Page Number 20 of 334 19 E2 WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 1048, an ordinance implementing an electric service franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, for providing electric service within the city of Maplewood; and WHEREAS, Minnesota Statutes, section412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the lengthy ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No.1048to be published in the city’s official newspaper in lieu of the entire ordinance: Public Notice On May 28, 2024, the city council of the city of Maplewood adopted Ordinance No. 1048, an ordinance implementing an electric service franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, for providing electricservice within the city of Maplewood. The ordinance increases the city’s electric franchise fees on Northern States Power Company, the utility which provides electric service within Maplewood under a franchise agreement with the city. The new rates, effective October 1, 2024, will be $4.25 per month for electric service for residential customers. Other rate changes apply to non-residential customers. The city intends to use the revenues raised by the franchise fees for public improvement projects and other authorized purposes. This public notice is intended only to summarize the ordinance. The full text of the ordinance, including all rates imposed thereunder, is available for inspection at Maplewood city hall during regular business hours and has been posted to the city’s website. BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember LeeAyes – All The motion passed 3.Authorization to Advertise For Bids, 2024 EAB Mitigation Project, City Project 23- 17 Public Works Director Love gave the staff report. CouncilmemberJuenemannmoved to approvethe resolution authorizing the advertisement for bids for the 2024 EAB Mitigation Project, City Project 23-17. Resolution 24-05-2322 AUTHORIZATION TO ADVERTISE FOR BIDS nd WHEREAS, pursuant to a resolution of the City Council adopted April 22, 2024, that approved a grant agreement between the City of Maplewood and the Minnesota Department of Natural Resources for the Shade Tree Program Bonding Grants, 2023-2027, May 28, 2024 City Council Meeting Minutes Counil Packet Page Number 21 of 334 20 E2 AND WHEREAS, plans and specifications for the 2024 EAB Mitigation Project, City Project 23-17 have been prepared, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.The City Clerk or 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 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 opened electronically via QuestCDN and considered at 10:00 a.m. st on the 21day of June, 2024. Bids shall be 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 andinstructed 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 th award of a contract, at the regular City Council meeting of July 8, 2024. Seconded by CouncilmemberLee Ayes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at7:51p.m. . May 28, 2024 City Council Meeting Minutes Council Packet Page Number 22 of 334 21 F1a CITY COUNCIL STAFF REPORT Meeting DateJune 10, 2024 REPORT TO: City Council REPORT FROM: Michael Sable, City Manager PRESENTER: Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: June 24: Workshop: Trash and Recycling Contract Discussion July 8: Workshop: DR Horton Î Concept Discussion and Cannabis Update July 22: Workshop: Purple Line Discussion Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. Council Schedule for Maplewood Living through December 2024: Issue Contributor Due Date Juenemann June 17, 2024 July 2024 Cave/TBD July 17, 2024 August 2024 Villavicencio/TBD August 19, 2024 September 2024 Lee September 18, 2024 October 2024 TBD October 20, 2024 November 2024 Sable November 15, 2024 December 2024 Subject to change after election filings in May, as no active candidates will be allowed to contribute. Counil Packet Page Number 23 of 334 F1a 2024 Major Community Outreach Events ƚǒĭŷΏğΏƩǒĭƉ Wednesday, June 12 (5:30 Î 8 pm) YMCA Parking Lot .źƉĻ DźǝĻğǞğǤ Saturday, June 15 (9 Î 11 am) Harvest Park .źŭ wĻķ .ğƩƓ CğƩƒĻƩƭ ağƩƉĻƷ Sunday, June 16 (9 am Î 1 pm) Maplewood Historical Museum tźĭƉƌĻĬğƌƌ ǞźƷŷ tǒĬƌźĭ {ğŅĻƷǤ Saturday, June 29 (1 Î 4 pm) Harvest Park \[źŭŷƷ LƷ Ʀ ağƦƌĻǞƚƚķ Thursday, July 4 (4 Î 11 pm) Hazelwood Park tǒƷƷ tǒƷƷ ǞźƷŷ tǒĬƌźĭ {ğŅĻƷǤ Thursday, July 11 (1 Î 4 pm) Goodrich Golf Dome tźĭƉƌĻĬğƌƌ ǞźƷŷ tǒĬƌźĭ {ğŅĻƷǤ Sunday, July 14 (2 Î 5 pm) Sherwood Park Council Packet Page Number 24 of 334 F3 CITY COUNCILSTAFF REPORT Meeting Date June 10, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Michael Mondor, Fire/EMS Chief PRESENTER: Michael Mondor, Fire/EMS Chief Fire Chief’s Recognition for Resident Bella George AGENDA ITEM: Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The fire department would like to recognize a resident for her bravery and calm under pressure during an emergency incident. Recommended Action: No action required. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Recognizing and celebrating outstanding actions in the community. Background: On the evening of March 3rd, 2024 Bella George and her family were celebrating her grandmother's birthday at their house. Pizza boxes were spread out along the countertop and electric stove. The knob for one of the stove top burners was accidentally bumped which ignited the pizza box. Upon recognition of the fire, Bella sprung into action, she quickly recalled the location of the fire extinguisher and without hesitation put out the fire, allowing her family to safely evacuate and call 911. According to the National Fire Protection Association (NFPA), cooking fires are the leading cause of fires and fire related injuries in residential buildings. From 2017-2019, the United States Fire Service responded to 187,500 cooking fire in residential buildings which led to 165 deaths, 3,325 injuries and 444 million dollars in property loss. Counil Packet Page Number 25 of 334 F3 Due to Bella's efforts, when the fire department arrived the fire was out and there was minimal damage inthe kitchen. Bella’s bravery and calm under pressurekept her family safe and prevented significant damage to the family house. Bella will be recognized with the Fire Chief’s Recognition for her actions. Attachments: Resolution of Appreciation for Resident Bella George Council Packet Page Number 26 of 334 F3, Attachment 1 Resolution of Appreciation For Resident Bella George WHEREAS, Bella George took quick and decisive action to extinguish a fire in her home on rd March 3, 2024;and WHEREAS, Bella’s actions demonstrated extreme bravery and courage; and WHEREAS, Bella’s actions prevented significant damage to her home and protected the lives of others; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its residents, that Bella George is being extended our gratitude and appreciation for her actions. th Passed by the Maplewood City Council on June 10, 2024. Counil Packet Page Number 27 of 334 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 28 of 334 G1 Counil Packet Page Number 29 of 334 G1, Attachments Council Packet Page Number 30 of 334 G1, Attachments Counil Packet Page Number 31 of 334 G1, Attachments Council Packet Page Number 32 of 334 G1, Attachments Counil Packet Page Number 33 of 334 G1, Attachments Council Packet Page Number 34 of 334 G1, Attachments Counil Packet Page Number 35 of 334 G1, Attachments Council Packet Page Number 36 of 334 G1, Attachments Counil Packet Page Number 37 of 334 G1, Attachments Council Packet Page Number 38 of 334 G1, Attachments Counil Packet Page Number 39 of 334 G1, Attachments Council Packet Page Number 40 of 334 G1, Attachments Counil Packet Page Number 41 of 334 G2 CITY COUNCIL STAFF REPORT Meeting Date June 10, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER:Joe Rueb, Finance Director AGENDA ITEM: Resolution to Maintain Statutory Tort Liability Limits Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Council will consider waiving the statutory tort liability limits to the amount of coverage purchased by the City. This is an annual requirement by the League of Minnesota Cities Insurance Trust. Recommended Action: Motion to approve the resolution to maintain statutory tort liability limits. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment By approving the statutory tort liability limits, the City is protecting itself from claims that exceed the amount of liability insurance coverage. Background: Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the Council Packet Page Number 42 of 334 G2 statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Attachments: 1. Resolution to Maintain the Statutory Tort Limits for Liability Insurance Proposed Counil Packet Page Number 43 of 334 G2, Attachment 1 RESOLUTION TO MAINTAIN THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, the League of Minnesota Cities Insurance Trust annually requests member cities to make an election to waive or not waive the tort liability limit established by Minnesota Statutes 466.04; and WHEREAS, the City has three choices: to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood hereby elects to not waive the statutory tort liability limit established by Minnesota Statutes 466.04. Council Packet Page Number 44 of 334 G3 CITY COUNCILSTAFF REPORT Meeting Date June 10, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Local Lawful Gambling Permit for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request for a Local Lawful Gambling permit has been submitted by Church of the Presentation of the Blessed Virgin Mary. Approval of the request would allow lawful gambling activity to be conducted during the church’s Fall Festival, held September 14-15, 2024. Recommended Action: Motion to approve the Local Lawful Gambling permit for Church of the Presentation of the Blessed Virgin Mary September 14-15, 2024. 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: na Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council approval is required prior to issuance of a local gambling permit, per City Code Sec. 22-12. Background: Lawful gambling activity conducted at this event is exempt from state licensure under MN §349.166. MN §349.213 authorizes cities to require a local permit for conduct of lawful gambling exempt from state licensing requirements. Attachments: None Counil Packet Page Number 45 of 334 G4 CITY COUNCIL STAFF REPORT Meeting Date June 10, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Audra Robbins, Park and Natural Resources Manager Shann Finwall, Environmental Planner PRESENTER:Steven Love AGENDA ITEM: Ramsey-Washington Metro Watershed District City Hall Courtyard Native Planting Grant Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Ramsey-Washington Metro Watershed District (RWMWD) offers stewardship grants to help fund improvements that benefit water quality and natural resources. The City Council will consider approving a RWMWD grant to help fund the City Hall Courtyard Native Planting project. Recommended Action: Motion to approve the Ramsey-Washington Metro Watershed District Agreement approving a stewardship grant for the City Hall Courtyard Native Planting project. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,548 (total project cost) Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The RWMWD grant provide $1,754 of funding for the City Hall Courtyard Native Planting project. The remaining funding is provided by a St. Paul Area Chamber of Commerce (SPACC) in the amount of $1,100 and $694 from the Building Operations budget. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The City Hall Courtyard Native Planting project will help filter stormwater from the roof and provide pollinator habitat. Plantings will also create a peaceful and attractive garden for employees and visitors of City Hall. Council Packet Page Number 46 of 334 G4 Background: The 2004 City Hall Campus Master Plan outlines stormwater and natural resource improvement strategies for the 30-acre campus. Some of the improvements made to date include raingardens, porous pavement asphalt parking lot, stormwater improvements to filter water from the public works yard, and most recently restoration of turf grass and forested area with goat management and seeding. The master plan identified improvements that could be made to the courtyard including landscaping that would benefit wildlife, stormwater management, and meet other ecological goals. Last year, the Green Team gathered feedback from employees on ways to activate the courtyard. The final vision plan matched the City Hall Campus Master Plan courtyard strategies with the installation of native plants, and future improvements such as privacy screens and an art installation. The Green Team presented this plan to the RWMWD for consideration in their stewardship grant program. The stewardship grant assists residents and organizations in making improvements to property that benefit water quality and natural resources. RWMWD has awarded the City a stewardship grant that will cover roughly half of the garden preparation and native plantings costs. Ramsey County Soil and Water Conservation District drafted a planting plan as part of the stewardship grant approval. The plan includes 178 native plants to be planted in the existing planting beds. The project involves hiring a local contractor to shift the landscape rock under the drip line, prepare the planting areas, and reinstall the small boulders into the planting beds. Plants will be purchased from Outback Nursery and the Landscape Revival Native Plant Expo. The Green Team and Wellness Committee will sponsor two employee-volunteer planting days to install the plants, and employee-volunteers will water the plants throughout the season. The estimated cost of the plants and labor is $3,508, with the RWMWD stewardship grant funding $1,754 of the total project costs. Additional funding includes $1,100 from a SPACC wellness grant and $694 from the Building Operations budget. Attachments: 1. Ramsey-Washington Metro Watershed District Stewardship Grant Agreement 2. City Hall Courtyard Native Pollinator Garden Planting Plan 3. City Hall Courtyard Native Pollinator Garden Cost Estimate Counil Packet Page Number 47 of 334 G4, Attachment 1 Stewardship Grant Agreement THIS AGREEMENT is made the 30 day of April, 2024, by and between the Ramsey-Washington Metro "Landowner"). #24-29 CS 1.BACKGROUND 1.1 The District has included in its annual budget funds to cost-share with approved Landowners to implement best management practices within the watershed district. 1.2 The District funding is limited to 50% of the cost of materials and labor actually incurred by the Landowners for the project as approved by the District, up to a maximum contribution of $1,754 per commercial/governmental Landowner. 1.3 Landowner has applied to the District for funds to help pay for the cost of materials or labor for Native Habitat Restoration(1) (hereinafter "Project") as described in the BMP Incentive Program Application as Final Plans and Estimate. 1.4 The District is willing to fund the Project described in Final Plans and Estimate in accordance with the terms of this Agreement. 2.SERVICES 2.1 Landowner will complete the Project described in Final Plans and Estimate in accordance with the terms, scope, schedule, and budget set forth therein. The Landowners do hereby covenant that they are the owners and are lawfully seized and possessed of the real estate above-described. 2.2 Landowner shall maintain the Project for a period of twenty (20) years per government Landowner from the date of this document. The agreement shall run with the land and extend to and bind the heirs, representatives, successors and/or assigns of the party hereto respectively. 3.REIMBURSEMENT 3.1 Expenses incurred by Landowner in Final Plans and Estimate will be reimbursed by the District up to 50% of the total cost of materials or labor actually incurred by Landowner up to a maximum amount of $1,754 per governmental property. Upon incurring the costs identified in Final Plans and Estimate, the Landowner shall provide a list of all reimbursable expenses incurred and receipts or copies of receipts therefore, to the District. 3.2 The District will reimburse the identified reimbursable expenses in accordance with Section 3.1 within 60 days of receipt of the required financial and performance information and receipts. 3.3 The District will not be liable or responsible for payment for services or reimbursement for expenses other than those specified as reimbursable expenses in accordance with Section 3.1. 3.4 Following the completion of the project described in Final Plans and Estimate, Landowner shall submit a final financial report to the District listing the final expenses for the activity, along with copies of receipts. GENERAL TERMS 4.1 This Agreement shall remain in effect unless canceled by mutual agreement or in accordance with Section 4.2. This Agreement shall expire if the Project is not completed pursuant to the schedule in Final Plans and Estimate and the financial information required by Sections 3.1 and 3.4 is not received within one year after approval. 4.2 If weather or other conditions beyond the control of the Landowner do not permit the completion of this Project within one year after approval, this Agreement may be amended, by mutual written consent of the parties, to reschedule the Project and funding. 4.3 Landowner must obtain all permits required in conjunction with the Project, including but not limited to City and Department of Natural Resources approval, prior to starting the Project. 4.4 Landowner agrees to allow the District access to the Project area for evaluation and promotion of the Project. The Landowner agrees to make the site available as a demonstration site to the general public at the reasonable request of the District. 4.5 Landowner will act in all respects as an independent contractor under this Agreement and will be solely responsible for performance of services required hereunder as well as the means and manner of Council Packet Page Number 48 of 334 G4, Attachment 1 performance thereof. The District will not be an employer, partner, or co-venturer with Landowner for any purpose. Nothing herein authorizes Landowner to act as an agent or representative of the District for any purpose whatsoever. 4.6 Landowner shall indemnify, defend and hold the District and its agents, employees, officers and contractors, harmless from all claims made by Landowner and/or third parties for damage or loss sustained or costs incurred, including but not limited to District staff, engineering and attorneys fees, in connection with or arising out of the issuance of and/or acceptance and payment by the District of funds pursuant to this cost- share, construction of the Project, or this agreement. 4.7 The District shall have no obligation to the Landowner, specifically, the District shall not need to restore the land to its original condition upon expiration or termination of this Agreement. RAMSEY-WASHINGTON METRO LANDOWNERS WATERSHED DISTRICTPrint Name ____________________________ _____________________________________ _________________________________Print Name ____________________________ District Administrator Date _________________________________ Property Address Date _____________________________ _____________________________________ 2665 Noel Drive Little Canada, MN 55117_____________________________________ Counil Packet Page Number 49 of 334 G4, Attachment 2 Council Packet Page Number 50 of 334 G4, Attachment 2 Counil Packet Page Number 51 of 334 G4, Attachment 3 ALL ITEMS AS SPECIFIED BELOW ARE FOR REFERENCE USE ONLY Maplewood City Hall Courtyard 1830 County Road B E. Maplewood, MN 55109 County: BMP Type: Native PlantingRamsey Number of BMPs: 1 of 1Date: 29-Nov-23 INSTALLED MATERIALS & LABOR - NATIVE PLANTING A Unit Cost ItemQtyUnitAmount Site & Planting Bed Prep \[move landscape rock to foundation, remove shrubs, till, etc.\] 1.00$ 500.00$ 500.00 LS Twice-Shredded Hardwood Mulch (MnDot Type II) 5.00CY$ 125.00$ 625.00 Native Perennial: 4" Pot; or equivalent 167.00EA$ 6.25$ 1,043.75 Native Shrub: #2 Container; or equivalent 11.00EA$ 65.00$ 715.00 Deliveries1.00LS$ 125.00$ 125.00 Mobilization1.00LS$ 500.00$ 500.00 Subtotal$ 3,508.75 ADDITONAL BID ITEMS AS NECESSARY Perennials Alternate Option: 2" Plugs; or eqivalent $ -$ - $ -$ - $ -$ - $ -$ - $ -$ - Subtotal$ - PROJECT TOTAL Project Estimate$ 3,508.75 :-10%$ 3,157.88 :+10%$ 3,859.63 Estimated WD/WMO Grant Award: $1,754.38 Estimated RCPR Grant Award:$0.00 Potential Grant Award Total:$1,754.38 Estimated Landowner Cost:$1,754.38 Soil & Water Conservation Division 2015 Van Dyke Street Maplewood, MN 55109 www.ramseycounty.us Council Packet Page Number 52 of 334 G5 CITY COUNCIL STAFF REPORT Meeting Date June 10, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Audra Robbins, Parks and Natural Resources Manager Shann Finwall, Environmental Planner PRESENTER:Steven Love, Public Works Director/ City Engineer AGENDA ITEM: St. Paul Area Chamber of Commerce City Hall Courtyard Wellness Grant Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The St. Paul Area Chamber of Commerce (SPACC) offers wellness grants through the Statewide Health Improvement Partnership (SHIP). Workplace wellness is an important, evidence-based SHIP strategy to improve healthy eating, increase physical activity, increase tobacco-free environments, and provide breastfeeding support through policy, systems, and environmental changes. The City Council will consider approving a SPACC to help fund the City Hall Courtyard Native Planting project. Recommended Action: Motion to approve the St. Paul Area Chamber of Commerce Memorandum of Understanding approving a wellness grant for the City Hall Courtyard Native Planting project. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,548 (total project cost) Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The SPACC grant provides $1,100 of funding for the City Hall Courtyard Native Planting project. The remaining funding is provided by a Ramsey Washington Metro Watershed District grant in the amount of $1,754 RWMWD Grant and $694 from the Building Operations budget. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Counil Packet Page Number 53 of 334 G5 The City Hall Courtyard Native Planting project will help filter stormwater from the roof and provide pollinator habitat. The plantings will also create a peaceful and attractive garden for employees and visitors of City Hall. Background: The 2004 City Hall Campus Master Plan outlines stormwater and natural resource improvement strategies for the 30-acre campus. Some of the improvements made to date include raingardens, porous pavement asphalt parking lot, stormwater improvements to filter water from the public works yard, and most recently restoration of turf grass and forested area with goat management and seeding. The master plan identified improvements that could be made to the courtyard including landscaping that would benefit wildlife, stormwater management, and meet other ecological goals. Last year, the Green Team gathered feedback from employees on ways to activate the courtyard. The final vision plan matched the City Hall Campus Master Plan courtyard strategies with the installation of native plants, and future improvements such as privacy screens and an art installation. The Green Team presented this plan to SPACC for consideration in the SHIP wellness grant program. The wellness grants represent seed money to help initiate projects that will improve employee health and wellbeing. The wellness categories covered by the grant are healthy eating – giving garden and physical activity. Ramsey County Soil and Water Conservation District drafted a planting plan as part of the stewardship grant approval. The plan includes 178 native plants to be planted in the existing planting beds. The project involves hiring a local contractor to shift the landscape rock under the drip line, prepare the planting areas, and reinstall the small boulders into the planting beds. Plants will be purchased from Outback Nursery and the Landscape Revival Native Plant Expo. The Green Team and Wellness Committee will sponsor two employee-volunteer planting days to install the plants, and employee-volunteers will water the plants throughout the season. The estimated cost of the plants and labor is $3,508, with the SPACC wellness grant funding $1,100 of the total project costs. Additional funding includes $1,754 from a Ramsey-Washington Metro Watershed District stewardship grant and $694 from the Building Operations budget. Attachments: 1.St. Paul Area Chamber of Commerce Wellness Grant Memorandum of Understanding 2.City Hall Courtyard Native Pollinator Garden Planting Plan 3.City Hall Courtyard Native Pollinator Garden Cost Estimate Council Packet Page Number 54 of 334 G5, Attachment 1 Memorandum of Understanding (MOU) Recipient: #18 Award Recipient:/źƷǤ ƚŅ ağƦƌĻǞƚƚķ Address:ЊБЌЉ /ƚǒƓƷǤ wƚğķ . 9ğƭƷağƦƌĻǞƚƚķab ЎЎЊЉВ Contact Name & Phone:{ŷğƓƓCźƓǞğƌƌΛЏЎЊΜ ЋЍВΏЋЌЉЍ Contact Email:shann.finwall@maplewoodmn.gov Project Awarded & Amount:Giving Garden & Physical Activity υЊͲЊЉЉ͵ЉЉ A reminder of what we expect from you and what you can expect from us: workforce, and meet on a consistant basis (at least 4x a year). progress and to assist if you run into any complications. to October. You may have up to 2 staff members attend each event and they don't have to be the same people every time. This could be a good opportunity to get more people in your committee involved. Counil Packet Page Number 55 of 334 G5, Attachment 1 sustaining policy changes, guidelines or procedures adopted by your company or organization as a result of the Workplace Wellness Micro Grant. This helps us determine success and barrier! for a project, like a garden or bike racks, must be owned by the grantee or the grantee must have expressed permission from the land owner. A Land Use Verification document must be submitted to maichee@stpaulchamber.com Department. SHIP is focused on making policy changes, such as making changes within an employee handbook or policy and procedures. For example, allowing mothers to take time for breast pumping, allowing for time for physical activity, or within a breakroom, it is encouraged to eat healthier foods and serve healthy foods at meetings. You will update your Employee Handbook by creating or adding new policy(s) in support of your selected project. Please send the updated portion to maichee@stpaulchamber.com for approval. We will provide resources if you need support developing policies for your selected project. expenses includes: arm chair, appliances, cutting board, gardening tools, bike rack, portable physical equipment, bike tools & accessories, and etc. MAY NOT be spent on consumable items and high-tech electronics. Examples of unallowable expenses includes: labor, contract, food & beverages, rent, leasing, electronics, subcriptions & memberships, vending machines, massage chairs, and etc. concerns, or issues that may come up. Our website www.stpaulchamber.com/workplacewellness.html will be updated regularly with support and resources for you as well. By signing below, you acknowledge that you have read, understand, and agree to the Memorandum of Understanding (MOU) of the 2024 Workplace Wellness Grant. Thank you again for partnering with us! Print Title & Name Authorization SignatureDate A member from the management team is required to sign {ŷğƓƓCźƓǞğƌƌ Date Identified Lead for your Workplace Wellness Project Identify Second Point of ContactEmail/Phone ____________________ Strategic Initiatives Specialist, Maichee XiongDate St. Paul Area Chamber Council Packet Page Number 56 of 334 G5, Attachment 1 Questions? Contact Maichee Xiong or email maichee@stpaulchamber.com Counil Packet Page Number 57 of 334 G5, Attachment 2 Council Packet Page Number 58 of 334 G5, Attachment 2 Counil Packet Page Number 59 of 334 G5, Attachment 3 ALL ITEMS AS SPECIFIED BELOW ARE FOR REFERENCE USE ONLY Maplewood City Hall Courtyard 1830 County Road B E. Maplewood, MN 55109 County: BMP Type: Native PlantingRamsey Number of BMPs: 1 of 1Date: 29-Nov-23 INSTALLED MATERIALS & LABOR - NATIVE PLANTING A Unit Cost ItemQtyUnitAmount Site & Planting Bed Prep \[move landscape rock to foundation, remove shrubs, till, etc.\] 1.00$ 500.00$ 500.00 LS Twice-Shredded Hardwood Mulch (MnDot Type II) 5.00CY$ 125.00$ 625.00 Native Perennial: 4" Pot; or equivalent 167.00EA$ 6.25$ 1,043.75 Native Shrub: #2 Container; or equivalent 11.00EA$ 65.00$ 715.00 Deliveries1.00LS$ 125.00$ 125.00 Mobilization1.00LS$ 500.00$ 500.00 Subtotal$ 3,508.75 ADDITONAL BID ITEMS AS NECESSARY Perennials Alternate Option: 2" Plugs; or eqivalent $ -$ - $ -$ - $ -$ - $ -$ - $ -$ - Subtotal$ - PROJECT TOTAL Project Estimate$ 3,508.75 :-10%$ 3,157.88 :+10%$ 3,859.63 Estimated WD/WMO Grant Award: $1,754.38 Estimated RCPR Grant Award:$0.00 Potential Grant Award Total:$1,754.38 Estimated Landowner Cost:$1,754.38 Soil & Water Conservation Division 2015 Van Dyke Street Maplewood, MN 55109 www.ramseycounty.us Council Packet Page Number 60 of 334 I1 CITY COUNCILSTAFF REPORT Meeting Date June 10, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER:Joe Rueb, Finance Director AGENDA ITEM: Resolution Awarding the Sale of G.O. Improvement Bonds, Series 2024A Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council will consider awarding the sale of General Obligation Improvement Bonds in the approximate amount of $4,880,000 to finance the 2024 Maplewood Street Improvements. Recommended Action: Motion to adopt the Resolution Awarding the Sale of General Obligation Improvement Bonds, Series 2024A, in the Original Aggregate Principal Amount of $4,880,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $4,880,000 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The issuance of bonds will provide for necessary street improvements without undue debt burden. Background: These street improvement projects were previously approved for construction in 2024. Principal and interest payments will be financed over 15 years through a tax levy. Ehler’s will provide detailed financing plans. S&P Global Ratings affirmed the City’s AA+ bond rating. Counil Packet Page Number 61 of 334 I1 Attachments: 1.Resolution Awarding the Sale of General Obligation Improvement Bonds, Series 2024A, in the Original Aggregate Principal Amount of $4,880,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment 2.S&P Global Ratings Report for Maplewood, MN dated June 3, 2024 Council Packet Page Number 62 of 334 I1, Attachment 1 Counil Packet Page Number 63 of 334 I1, Attachment 1 Council Packet Page Number 64 of 334 I1, Attachment 1 Counil Packet Page Number 65 of 334 I1, Attachment 1 Council Packet Page Number 66 of 334 I1, Attachment 1 Counil Packet Page Number 67 of 334 I1, Attachment 1 Council Packet Page Number 68 of 334 I1, Attachment 1 Counil Packet Page Number 69 of 334 I1, Attachment 1 Council Packet Page Number 70 of 334 I1, Attachment 1 Counil Packet Page Number 71 of 334 I1, Attachment 1 Council Packet Page Number 72 of 334 I1, Attachment 1 Counil Packet Page Number 73 of 334 I1, Attachment 1 Council Packet Page Number 74 of 334 I1, Attachment 1 Counil Packet Page Number 75 of 334 I1, Attachment 1 Council Packet Page Number 76 of 334 I1, Attachment 1 Counil Packet Page Number 77 of 334 I1, Attachment 1 Council Packet Page Number 78 of 334 I1, Attachment 1 Counil Packet Page Number 79 of 334 I1, Attachment 1 Council Packet Page Number 80 of 334 I1, Attachment 1 Counil Packet Page Number 81 of 334 I1, Attachment 2 Tvnnbsz; Nbqmfxppe-Njooftpub<Hfofsbm Pcmjhbujpo QsjnbszDsfejuBobmztu; KfttjdbPmfkbl-Dijdbhp,2)423*3448179<kfttjdb/pmfkblAtqhmpcbm/dpn TfdpoebszDpoubdu; NfmpezXWjokf-Fohmfxppe,2)414*8325274<nfmpez/wjokfAtqhmpcbm/dpn UbcmfPgDpoufout DsfejuIjhimjhiut Pvumppl SfmbufeSftfbsdi XXX/TUBOEBSEBOEQPPST/DPN0SBUJOHTEJSFDU KVOF!4-!3135!!!2 Council Packet Page Number 82 of 334 I1, Attachment 2 Tvnnbsz; Nbqmfxppe-Njooftpub<HfofsbmPcmjhbujpo DsfejuQspgjmf VT%5/99njmHPjnqcoettfs3135Bevf1702103151 MpohUfsnSbujoh BB,0TubcmfOfx DsfejuIjhimjhiut 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TBMF!EBZ!SFQPSU!GPS;! Djuz!pg!Nbqmfxppe-!Njooftpub %5-656-111!Hfofsbm!Pcmjhbujpo!Jnqspwfnfou!Cpoet-! Tfsjft!3135B! Qsfqbsfecz; Csvdf!Ljnnfm- Tfojps!Nvojdjqbm!Bewjtps Fimfst! 4171!Dfousf!Qpjouf!Esjwf Kbtpo!Bbstwpme- Sptfwjmmf-!NO!66224 Tfojps!Nvojdjqbm!Bewjtps! Ebo!Ujfoufs- Nvojdjqbm!Bewjtps CVJMEJOH!DPNNVOJUJFT/!JU“T!XIBU!XF!EP/ For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 1 DpnqfujujwfTbmfSftvmut QVSQPTF;Gps!uif!qvsqptf!pg!gjobodjoh!wbsjpvt!bttfttbcmf!qvcmjd! jnqspwfnfout!xjuijo!uif!Djuz/ SBUJOH;T'Q!Hmpcbm!Sbujoht!#BB,#! OVNCFS!PG!CJET;8 MPX!CJEEFS;!Ijmmupq!Tfdvsjujft-!Ebmmbt-!Ufybt DPNQBSJTPO!GSPN!MPXFTU!UP!IJHIFTU!CJE;! )UJD!bt!cje* MPX!CJE;+!4/7594&! IJHI!CJE;!4/9:62& Tvnnbsz!pg!Tbmf!Sftvmut;! Qsjodjqbm!Bnpvou;+%5-656-111! Voefsxsjufs“t!Ejtdpvou;%44-9:5! Sfpggfsjoh!Qsfnjvn;!%415-823! Usvf!Joufsftu!Dptu;!4/7651&! Dptut!pg!Jttvbodf;!%74-488! Zjfme;4/34&.4/94&! Upubm!Ofu!Q'J!%7-547-3:7! OPUFT;!Cpoe!Usvtu!Tfswjdft!Dpsqpsbujpo-!Sptfwjmmf-!Njooftpub!xjmm! tfswf!bt!Qbzjoh!Bhfou!po!uif!Cpoet/!Uif!Cpoet!nbuvsjoh! Gfcsvbsz!2-!3145-!boe!uifsfbgufs!bsf!dbmmbcmf!Gfcsvbsz!2-! 3144-!ps!boz!ebuf!uifsfbgufs/!! +Tvctfrvfou!up!cje!pqfojoh-!uif!jttvf!tj{f!xbt!efdsfbtfe!up %5-656-111/ DMPTJOH!EBUF;!Kvmz!3-!3135! DJUZ!DPVODJM!Bepqu!b!sftpmvujpo!bxbsejoh!uif!tbmf!pg!%5-656-111!Hfofsbm! BDUJPO;!Pcmjhbujpo!Jnqspwfnfou!Cpoet-!Tfsjft!3135B/! TVQQMFNFOUBSZ!BUUBDINFOUT! Cje!Ubcvmbujpo Tpvsdft!boe!Vtft!pg!Gvoet Vqebufe!Efcu!Tfswjdf!Tdifevmft Sbujoh!Sfqpsu Cpoe!Sftpmvujpo!)Ejtusjcvufe!jo!Djuz!Dpvodjm!Qbdlfut* For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 1 BID TABULATION $4,880,000* General Obligation Improvement Bonds, Series 2024A City of Maplewood, Minnesota SALE:June 10, 2024 AWARD: HILLTOPSECURITIES Rating:S&P Global Ratings "AA+" Tax Exempt -Bank Qualified TRUE MATURITYCOUPON REOFFERINGINTEREST NAME OF BIDDER(February 1)RATEYIELDPRICERATE HILLTOPSECURITIES $5,172,339.003.6483% Dallas, Texas20265.000%3.380% 20275.000%3.300% 20285.000%3.250% 20295.000%3.230% 20305.000%3.230% 20315.000%3.230% 20325.000%3.240% 20335.000%3.230% 20345.000%3.230% 20355.000%3.230% 20364.000%3.450% 20374.000%3.520% 20384.000%3.650% 20394.000%3.730% 20404.000%3.830% TD SECURITIES (USA) LLC3.6644% New York, New York NORTHLAND SECURITIES, INC.3.7034% Minneapolis, Minnesota BAIRD3.7122% Milwaukee, Wisconsin * Subsequent to bid opening the issue size was decreased to $4,545,000. Adjusted Price: $4,815,818.10Adjusted Net Interest Cost: $1,620,477.73Adjusted TIC: 3.6540% For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 1 TRUE INTEREST NAME OF BIDDER RATE KEYBANC CAPITAL MARKETS 3.7857% INCORPORATED Cleveland, Ohio STIFEL, NICOLAUS & COMPANY, 3.7977% INCORPORATED Birmingham, Alabama PIPER SANDLER & CO.3.8951% Minneapolis, Minnesota Bid TabulationJune 10, 2024 City of Maplewood, Minnesota $4,880,000* General Obligation Improvement Bonds, Series 2024APage 2 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 1 Maplewood, Minnesota $4,545,000 General Obligation Improvement Bonds, Series 2024A Sources & Uses Dated 07/02/2024 | Delivered 07/02/2024 Sources Of Funds Par Amount of Bonds$4,545,000.00 Reoffering Premium304,712.20 Total Sources $4,849,712.20 Uses Of Funds Total Underwriter's Discount (0.746%)33,894.10 Costs of Issuance63,377.00 Deposit to Project Construction Fund4,752,441.10 Total Uses $4,849,712.20 Series 2024A GO Imp Bonds | SINGLE PURPOSE | 6/10/2024 | 11:32 AM For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 1 Maplewood, Minnesota $4,545,000 General Obligation Improvement Bonds, Series 2024A Debt Service Schedule DatePrincipalCouponInterestTotal P+IFiscal Total 07/02/2024----- 02/01/2025--121,045.83121,045.83121,045.83 08/01/2025--104,250.00104,250.00- 02/01/2026210,000.005.000%104,250.00314,250.00418,500.00 08/01/2026--99,000.0099,000.00- 02/01/2027220,000.005.000%99,000.00319,000.00418,000.00 08/01/2027--93,500.0093,500.00- 02/01/2028235,000.005.000%93,500.00328,500.00422,000.00 08/01/2028--87,625.0087,625.00- 02/01/2029245,000.005.000%87,625.00332,625.00420,250.00 08/01/2029--81,500.0081,500.00- 02/01/2030260,000.005.000%81,500.00341,500.00423,000.00 08/01/2030--75,000.0075,000.00- 02/01/2031270,000.005.000%75,000.00345,000.00420,000.00 08/01/2031--68,250.0068,250.00- 02/01/2032285,000.005.000%68,250.00353,250.00421,500.00 08/01/2032--61,125.0061,125.00- 02/01/2033300,000.005.000%61,125.00361,125.00422,250.00 08/01/2033--53,625.0053,625.00- 02/01/2034315,000.005.000%53,625.00368,625.00422,250.00 08/01/2034--45,750.0045,750.00- 02/01/2035330,000.005.000%45,750.00375,750.00421,500.00 08/01/2035--37,500.0037,500.00- 02/01/2036345,000.004.000%37,500.00382,500.00420,000.00 08/01/2036--30,600.0030,600.00- 02/01/2037360,000.004.000%30,600.00390,600.00421,200.00 08/01/2037--23,400.0023,400.00- 02/01/2038375,000.004.000%23,400.00398,400.00421,800.00 08/01/2038--15,900.0015,900.00- 02/01/2039390,000.004.000%15,900.00405,900.00421,800.00 08/01/2039--8,100.008,100.00- 02/01/2040405,000.004.000%8,100.00413,100.00421,200.00 Total$4,545,000.00-$1,891,295.83$6,436,295.83- Yield Statistics Bond Year Dollars$42,948.63 Average Life9.450 Years Average Coupon4.4036237% Net Interest Cost (NIC)3.7730608% True Interest Cost (TIC)3.6540756% Bond Yield for Arbitrage Purposes3.4907964% All Inclusive Cost (AIC)3.8307822% IRS Form 8038 Net Interest Cost3.4854756% Weighted Average Maturity9.386 Years Series 2024A GO Imp Bonds | SINGLE PURPOSE | 6/10/2024 | 11:32 AM For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 1 Maplewood, Minnesota $4,545,000 General Obligation Improvement Bonds, Series 2024A Tax Levy Schedule Tax Tax Bond Levy Collect Pay YearYearYearTotal P+INet New D/SP & I @105%Net Levy 202320242025121,045.83121,045.83127,098.12127,098.12* 202420252026418,500.00418,500.00439,425.00439,425.00 202520262027418,000.00418,000.00438,900.00438,900.00 202620272028422,000.00422,000.00443,100.00443,100.00 202720282029420,250.00420,250.00441,262.50441,262.50 202820292030423,000.00423,000.00444,150.00444,150.00 202920302031420,000.00420,000.00441,000.00441,000.00 203020312032421,500.00421,500.00442,575.00442,575.00 203120322033422,250.00422,250.00443,362.50443,362.50 203220332034422,250.00422,250.00443,362.50443,362.50 203320342035421,500.00421,500.00442,575.00442,575.00 203420352036420,000.00420,000.00441,000.00441,000.00 203520362037421,200.00421,200.00442,260.00442,260.00 203620372038421,800.00421,800.00442,890.00442,890.00 203720382039421,800.00421,800.00442,890.00442,890.00 203820392040421,200.00421,200.00442,260.00442,260.00 Total--$6,436,295.83$6,436,295.83$6,758,110.62$6,758,110.62 Bond Data Dated Date 7/02/2024 Call Date 2/01/2033 *Funds on Hand Series 2024A GO Imp Bonds | SINGLE PURPOSE | 6/10/2024 | 11:33 AM For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 1 Tvnnbsz; Nbqmfxppe-Njooftpub<Hfofsbm Pcmjhbujpo QsjnbszDsfejuBobmztu; KfttjdbPmfkbl-Dijdbhp,2)423*3448179<kfttjdb/pmfkblAtqhmpcbm/dpn TfdpoebszDpoubdu; NfmpezXWjokf-Fohmfxppe,2)414*8325274<nfmpez/wjokfAtqhmpcbm/dpn UbcmfPgDpoufout DsfejuIjhimjhiut Pvumppl SfmbufeSftfbsdi XXX/TUBOEBSEBOEQPPST/DPN0SBUJOHTEJSFDU KVOF!4-!3135!!!2 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 1 Tvnnbsz; Nbqmfxppe-Njooftpub<HfofsbmPcmjhbujpo DsfejuQspgjmf VT%5/99njmHPjnqcoettfs3135Bevf1702103151 MpohUfsnSbujoh BB,0TubcmfOfx DsfejuIjhimjhiut –T'QHmpcbmSbujohtbttjhofejut(BB,(mpoh.ufsnsbujohupNbqmfxppe-Njoo/(t%5/99njmmjpotfsjft3135Bhfofsbm pcmjhbujpo)HP*jnqspwfnfoucpoet/ –Uifpvumppljttubcmf/ Tfdvsjuz Uifdjuz(tgvmmgbjuiboedsfejuqmfehfboebcjmjuzupmfwzvomjnjufebewbmpsfnqspqfsuzubyfttfdvsfuifcpoet/Cpoe qspdffetxjmmgjobodfuifdptupgtusffujnqspwfnfouqspkfdutjo3135/ Dsfejupwfswjfx PvswjfxpgNbqmfxppe(tdsfejurvbmjuzjtvoefsmjofeczjutijtupsjdbmtuspohgjobodjbmdpotjtufodz-xjuiuiffyqfdubujpo uijtxjmmdpoujovfhjwfoefubjmfempoh.ufsnqmboojohboexjefmzvqifmegjobodjbmqpmjdjft/Pggtfuujohgbdupstjodmvefpvs wjfxpgNbqmfxppe(tefcucvsefobtijhisfmbujwfupjutpqfsbujohcvehfuboevoefsmzjohfdpopnjdgbdupst-xijdi xijmftuspoh-dpotusbjouifsbujoh/ Nbqmfxppe(tdpotjtufoumztuspohgjobodjbmqfsgpsnbodfdpoujovfeuispvhigjtdbm3134)zfbs.foeEfd/42*xjui 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T'Q!lffqt!dfsubjo!bdujwjujft!pg!jut!cvtjoftt!vojut!tfqbsbuf!gspn!fbdi!puifs!jo!psefs!up!qsftfswf!uif!joefqfoefodf!boe!pckfdujwjuz!pg!uifjs!sftqfdujwf!bdujwjujft/!Bt!b!sftvmu- dfsubjo!cvtjoftt!vojut!pg!T'Q!nbz!ibwf!jogpsnbujpo!uibu!jt!opu!bwbjmbcmf!up!puifs!T'Q!cvtjoftt!vojut/!T'Q!ibt!ftubcmjtife!qpmjdjft!boe!qspdfevsft!up!nbjoubjo!uif dpogjefoujbmjuz!pg!dfsubjo!opo.qvcmjd!jogpsnbujpo!sfdfjwfe!jo!dpoofdujpo!xjui!fbdi!bobmzujdbm!qspdftt/ T'Q!nbz!sfdfjwf!dpnqfotbujpo!gps!jut!sbujoht!boe!dfsubjo!bobmztft-!opsnbmmz!gspn!jttvfst!ps!voefsxsjufst!pg!tfdvsjujft!ps!gspn!pcmjhpst/!T'Q!sftfswft!uif!sjhiu!up!ejttfnjobuf jut!pqjojpot!boe!bobmztft/!T'Q(t!qvcmjd!sbujoht!boe!bobmztft!bsf!nbef!bwbjmbcmf!po!jut!Xfc!tjuft-!xxx/tqhmpcbm/dpn0sbujoht!)gsff!pg!dibshf*-!boe!xxx/sbujohtejsfdu/dpn )tvctdsjqujpo*-!boe!nbz!cf!ejtusjcvufe!uispvhi!puifs!nfbot-!jodmvejoh!wjb!T'Q!qvcmjdbujpot!boe!uijse.qbsuz!sfejtusjcvupst/!Beejujpobm!jogpsnbujpo!bcpvu!pvs!sbujoht!gfft!jt bwbjmbcmf!bu!xxx/tqhmpcbm/dpn0vtsbujohtgfft/ TUBOEBSE!'!QPPS“T-!T'Q!boe!SBUJOHTEJSFDU!bsf!sfhjtufsfe!usbefnbslt!pg!Tuboebse!'!Qpps“t!Gjobodjbm!Tfswjdft!MMD/ XXX/TUBOEBSEBOEQPPST/DPN0SBUJOHTEJSFDU KVOF!4-!3135!!!6 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 EXTRACT OF MINUTES OF MEETING OF THE COUNCIL OF THE CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was held at the City Hall in the City on Monday, June 10, 2024, commencing at 7:00 p.m. The following members of the City Council were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City’s General Obligation Improvement Bonds, Series 2024A, to be issued in the original aggregate principal amount of $4,545,000. The City Manager presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals are as set forth in EXHIBIT A attached. After due consideration of the proposals, Member _____________ then introduced the following resolution and moved its adoption: For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 RESOLUTION NO. _________ A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2024A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $4,545,000; 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, Ramsey County, Minnesota (the “City”), as follows: Section 1. Sale of Bonds. 1.01 Authorization for Sale of Bonds. Pursuant to a resolution adopted by the City Council on May 13, 2024, the City authorized the issuance and sale of its General Obligation Improvement Bonds, Series 2024A (the “Bonds”), to finance or reimburse the costs of certain assessable improvements in the City designated as the 2024 Maplewood Street Improvements, City Project 23-08 (the “Improvements”), pursuant to Minnesota Statutes, Chapters 429 and 475, as amended (the “Act”). 1.02. Award to the Purchaser and Interest Rates. The proposal of Hilltop Securities, Dallas, Texas (the “Purchaser”), to purchase the Bonds 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 $4,815,818.10 (the par amount of $4,545,000.00, plus original issue premium of $304,712.20, less underwriter’s discount of $33,894.10), plus accrued interest, if any, to the date of delivery, for Bonds bearing interest as follows: Year Interest RateYear Interest Rate 2026 5.000% 2034 5.000% 2027 5.000 2035 5.000 2028 5.000 2036 4.000 20295.00020374.000 2030 5.000 2038 4.000 2031 5.000 2039 4.000 2032 5.000 2040 4.000 2033 5.000 True interest cost: 3.6540756% ase Contract. Any amount paid by the Purchaser in excess of the minimum purchase 1.03. Purch price, shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the Finance Director of the City (the “Finance Director”) in consultation with the City’s municipal advisor. The good faith deposit of the Purchaser shall be retained and deposited until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.04. 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 $4,545,000, originally dated the date of delivery (currently anticipated to be July 2, 2024) in the denomination of $5,000 each or any integral multiple For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 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: Year Amount Year Amount 2026 $210,000 2034 $315,000 2027220,0002035330,000 2028 235,000 2036 345,000 2029 245,000 2037 360,000 2030260,0002038375,000 2031 270,000 2039 390,000 2032 285,000 2040 405,000 2033 300,000 1.05. Optional Redemption. The City may elect on February 1, 2033 and on any day thereafter to prepay the Bonds maturing on or after February 1, 2034. 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 maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 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, draft, or wire issued by the Registrar described herein. 2.02. Des; Interest Payment Dates. Each Bond will be dated as of the last interest payment at 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, 2025, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar” and “Paying Agent”). 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 by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an 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 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 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. xchange of Bonds. When Bonds are surrendered by the registered owner for (c) E 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 tothe 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 the registered owner or upon the registered 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 and Charges. 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 of 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 to be redeemed will be given by the Registrar by 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 cease to 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. For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, 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 thirty (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 the City Council, the City Manager must transmit to the Registrar money 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. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form as attached hereto as EXHIBIT B. 3.02. Approving Legal Opinion. The City Manager is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and to 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 are payable from the General Obligation Improvement Bonds, Series 2024A Debt Service Fund (the “Debt Service Fund”) hereby created, and the proceeds of general taxes hereinafter levied (the “Taxes”) are hereby pledged to the Debt Service Fund. There is appropriated to the Debt Service Fund: (i) any amount over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof; and (ii) all investment earnings on funds in the Debt Service Fund. A portion of the cost of the Improvements will be financed with an interfund loan of the City and the special assessments levied or to be levied (the “Assessments”) for the Improvements described herein will be used to repay such interfund loan until paid in full. Any Assessments received after payment in full of such interfund loan shall be deposited in the Debt Service Fund. 4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01 hereof, together with any other funds appropriated for the Improvements, and the Taxes For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 collected during the construction of the Improvements, will be deposited in a separate fund (the “Construction Fund”) to be used solely to defray expenses of the Improvements and the payment of principal of and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act under the direction of the City Council. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of any Taxes are to be deposited in the Debt Service Fund. 4.03. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) It is hereby determined that the Improvements will directly and indirectly benefit abutting property and other identified property, and that at least twenty percent (20%) of the cost of the assessable Improvements described herein will be specially assessed against benefited properties. The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2025 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 Improvement financed wholly or partly from the proceeds of the 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 Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and 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 Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, money 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. 4.04. General Obligation Pledge. For the prompt and full payment of principal of and interest on the Bonds, as the same respectively become due, the full faith, credit, and taxing powers of the City are irrevocably pledged. If a payment of principal of or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4.05. Pledge of Tax Levy. For the purpose of paying a portion of the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax 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 to the Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C. 4.06. Certification to County Auditor as to Debt Service Fund Amount. It is hereby determined that the estimated collections of the foregoing Taxes 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 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 provided for the Bonds 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 County Auditor-Treasurer of 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. rtificate of County Auditor as to Registration. The City Manager is authorized and 4.07. Ce 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. Ahentication of Transcript. ut 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, may be deemed representations of the City as to the facts stated therein. 5.02. Crtification as to Final Official Statement. The Mayor, the City Manager, and the Finance e Director are authorized and directed to certify that they have examined the Final Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Final Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Final 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. 5.04. E lectronic Signatures. The electronic signature of the Mayor, the City Manager, the Finance Director, and the City Clerk to this resolution or to any certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (i) “electronic signature” means a manually signed original signature that is then transmitted by electronic means; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a portable document format (“pdf”) or other replicating image attached to an electronic mail or internet message. yment of Costs of Issuance. The City authorizes the Purchaser to forward the amount 5.05. Pa of Bond proceeds allocable to the payment of issuance expenses in accordance with the closing memorandum to be prepared and distributed by Ehlers and Associates, Inc., the municipal advisor to the City, on the date of closing. Section 6. Tax Covenants. 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 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 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. ate. The City will comply with requirements necessary under the Code to establish and 6.02. Reb 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 on the Bonds, and the rebate of excess investment earnings to the United States, 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or the Improvements financed by 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. alified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt 6.04. Qu 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 hereby 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 any 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 2024 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2024 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Pr ocedural 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 of the Bonds as described in Section 1.04 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 Trust Company, New York, New York, and its successors and assigns (“DTC”). 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 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 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 shall 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. Tansfers Outside Book-Entry System. In the event the City, by resolution of the City r 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 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 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 the 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. For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 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 or by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, or any other security authorized under Minnesota law for such purpose, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subject to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal amount, at such earlier redemption date). If any Bond should not be paid when due, it may nevertheless 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. (The remainder of this page is intentionally left blank.) For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 The motion for the adoption of the foregoing resolution was duly seconded byMember ________________________, and upon vote being taken thereon, the following members voted in favor of the motion: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 EXHIBIT A PROPOSALS For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 EXHIBIT B FORM OF BOND No. R-_____ $________ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2024A Date of Interest Rate Maturity Date Original Issue CUSIP February 1, 20__ July 2, 2024 Registered Owner: Cede & Co. The City of Maplewood, Minnesota, a duly organized and existing municipal corporation in Ramsey County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $__________ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2025, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check, draft, or wire by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2033, and on any day thereafter to prepay the Bonds due on or after February 1, 2034. 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 The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the original aggregate principal amount of $4,545,000, all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 10, 2024 (the “Resolution”), for the purpose of providing money to defray the expenses incurred and to be incurred in making certain assessable local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, as amended, and the principal hereof and interest hereon are payable from ad valorem taxes for the City’s share of the cost of the improvements, as For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: July 2, 2024 CITY OF MAPLEWOOD, MINNESOTA (Facsimile) (Facsimile) Mayor City Manager _________________________________ For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative _________________________________ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors Act, State of _______________ JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee _________________________________ PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered OwnerOfficer of Registrar Cede & Co. Federal ID #13-2555119 For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 EXHIBIT C TAX LEVY SCHEDULE For the permanent record: Meeting Date: 6/10/2024 Agenda Item I1, Additional Attachment 2 STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) ) CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified City Clerk of the City of Maplewood, Minnesota (the “City”), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 10, 2024, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale of the City’s General Obligation Improvement Bonds, Series 2024A, in the original aggregate principal amount of $4,545,000. WITNESS my hand as such City Clerk and the corporate seal of the City this ___ day of June, 2024. City Clerk City of Maplewood, Minnesota (SEAL) J1 CITY COUNCIL STAFF REPORT Meeting Date June 10, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Mike Darrow, Assistant City Manager PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Mid-year Budget Adjustment with Staffing Additions Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: As the City of Maplewood continues to see both new construction and in-fill projects, we are proposing to create a new Deputy Building Official position to ensure that we are meeting both inspection and plan review needs. We believe that this position will greatly assist essential services throughout our community while ensuring a sustainable workload and work-life balance for our employees. Recommended Action: Motion to approve the creation of a Deputy Building Official position within the City of Maplewood. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is within the CityÓs assigned salary range for Grade 11 of $90,322 - $114,287. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The creation of this position will ensure that staff can adequately respond to service level demand increases in plan review and building inspections services. Background: Over the years as our growth and building construction activities have stabilized, we have reduced our level of plan review and building inspection staff. However, as Maplewood has seen recent development efforts come to fruition, we have also seen our service level demands increase and a need to reestablish staff to meet these needs. In addition to wanting to provide succession planning for the building division, weÓd also like to allow additional assistance to our Building Official Counil Packet Page Number 87 of 334 J1 with sites that require the State of MN Delegation Authority designation for hospitals, schools, and other specialized buildings. Due to continued and sustained economic growth within the City of Maplewood, the City Manager and Community Development Director are seeking an additional position within the building division of Community Development. The proposed Deputy Building Official will be responsible for supervising building inspectors and ensuring that building plans and construction comply with applicable State Building codes as well as local codes related to building and construction. This position will create an additional full-time position within the City for FY 2024 and will see a financial impact. We anticipate this impact to be absorbed as building permits may exceed 2024 projected levels. Attachments: 1. Deputy Building Official Job Description Council Packet Page Number 88 of 334 J1, Attachment 1 POSITION PROFILE Position Title: Deputy Building Official Effective Date: June 2024 Department: Community Development Status: Exempt Accountable to: Building Official Remote/Hybrid HB1 Union: MSA Job Summary Responsible for supervising the Building Inspectors and ensuring building plans and construction comply with applicable State building codes as well as local codes related to building and construction. This position assists the Building Official in providing direction of the administrative functions for the department. Supervision Exercised Supervision is exercised over full-time employees assigned to field inspections and assists the Building Official with establishing goals and objectives. These are intended only as illustrations of the various types of work performed. The omission of specific duties does not exclude them from the position. ESSENTIAL DUTIES AND RESPONSBILITIES 1.Assists with the development and implementation of operating procedures and guidelines within the Division to accomplish departmental goals and objectives; -Serves as a technical resource -Reviews, makes recommendations for, and coordinates purchases of Department equipment and supplies. -Conduct plan reviews and facilitate building permits via Bluebeam and Accela. 2.Uses independent judgment while providing supervision and leadership to inspection personnel; -Participates in decisions on matters of hiring, transfer, suspension, recall, promotion, discharge, assignment, reward, adjusting grievances or disciplining employees. -Sets goals and objectives for others to work towards and monitors performance through journal entries and annual performance reviews. Counil Packet Page Number 89 of 334 J1, Attachment 1 3.Assists in the preparing and compiling of information used for forecasting department budget expenditures/requirements. 4.Provides general administrative support for the department. -Assists in managing all department files and records which are used by various other departments. 5.Communicates courteously and professionally and maintains working relationships with others in carrying out job functions. 6.Maintains professional competence and stays abreast of trends and innovations. 7.Ensures compliance with applicable National and State building codes. -Reviews buildings and building plans to ensure compliance with all relevant codes and ordinances; -Conducts inspections of in-progress and completed construction work; -Issues work correction reports and/or other orders and certificates; -Services as a technical resource, answers questions and provides information on building codes to residents, contractors, architects, others in the Department and other City Departments, and the general public. 8.Keeps the Building Official informed as to current developments. Makes observations and recommendations when necessary or required. ŷĻ ķǒƷźĻƭ ƌźƭƷĻķ ğĬƚǝĻ ğƩĻ źƓƷĻƓķĻķ ƚƓƌǤ ğƭ źƌƌǒƭƷƩğƷźƚƓƭ ƚŅ ƷŷĻ ǝğƩźƚǒƭ ƷǤƦĻƭ ƚŅ ǞƚƩƉ ƷŷğƷ ƒğǤ ĬĻ ƦĻƩŅƚƩƒĻķ͵ ŷĻ ƚƒźƭƭźƚƓ ƚŅ ƭƦĻĭźŅźĭ ƭƷğƷĻƒĻƓƷƭ ƚŅ ķǒƷźĻƭ ķƚĻƭ ƓƚƷ ĻǣĭƌǒķĻ ƷŷĻƒ ŅƩƚƒ ƷŷĻ ƦƚƭźƷźƚƓ źŅ ƷŷĻ ǞƚƩƉ źƭ ƭźƒźƌğƩͲ ƩĻƌğƷĻķͲ ƚƩ ğ ƌƚŭźĭğƌ ğƭƭźŭƓƒĻƓƷ Ʒƚ ƷŷĻ ƦƚƭźƷźƚƓ͵ ESSENTIAL COMPENTENCIES 1.Knowledge of automated systems, applications and technology related to the Building Inspections field. 2.Knowledge of building construction techniques, methods and materials. 3.Knowledge of Federal, State and local laws, codes and ordinances, such as building code, fire code, and other related codes. 4.Knowledge of governmental processes and policies. 5.Knowledge of, and ability to read and interpret building plans. 6.Ability to perform inspections including using equipment, identifying deficiencies and interpreting and applying codes. 7.Skills in mathematical computations sufficient to calculate load requirements. 8.Ability to work both independently as well as within a team environment. MINIMUM QUALIFICATIONS Must hold certification by the State as a Certified Building Official, a two-year degree related to construction or equivalent and five or more years of experience in a related field, including at least two years in commercial building code plan review, inspections and enforcement. Considerable experience in supervisory or lead capacity. A thorough knowledge of codes affecting construction, fire and health and a valid driverÓs license or evidence of equivalent mobility is required. Five (5) years of experience in the field Council Packet Page Number 90 of 334 J1, Attachment 1 Possess the State Delegation Agreement or the ability to obtain within six months. PREFFERED QUALIFICATIONS: BachelorÓs degree in Construction, Engineering, Architecture, Public Administration, Business Administration or equivalent Two years in a supervisory or lead capacity Certifications from the International Code Council (ICC). Inspection and plan review Letter of Understanding status from the Minnesota Department of Labor and Industry for Public Buildings and State Licensed Facilities. Working knowledge of the Accela permitting system and Bluebeam software (or equivalent type software). WORKING CONDITIONS The characteristics listed below are representative of the physical demands, physical agility, sensory requirements and environmental exposures required by an individual to successfully perform the essential duties of this position. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential duties. Employees sit some of the time but may walk or stand for some periods of time. Sensory requirements include standard vision requirements, ability to express and exchange ideas and ability to hear information at normal spoken word levels. Physical Exertion (Pounds) Up to 10 Frequent Up to 25 Frequent Up to 50 Seldom Up to 100 Never 100 or more Never Environmental Exposures Work near moving mechanical parts Frequent Work in high, precarious places Frequent Toxic or caustic chemicals Seldom Outdoor weather conditions Frequent Extreme Cold, non-weather Seldom Extreme Heat, non-weather Seldom Noise Level Moderate Counil Packet Page Number 91 of 334 J2 CITY COUNCILSTAFF REPORT Meeting Date June 10, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Joseph L. Sathe, Assistant City Attorney PRESENTER:Ron Batty, City Attorney AGENDA ITEM: Hearing – Appeal of Rental Housing License Denial, 1895 County Road C East Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: On April 30, 2024, Minnesota Sober Housing, LLC applied for a rental license for the property located at 1895 County Road C (“Property”). On May 22, 2024, following a review and inspection of said application and the Property by City staff and consultants, City Manager Michael Sable issued a letter denying the rental application (the “Denial Letter”). Following the Denial Letter, the applicant was provided with seven days to appeal the decision to the City Council. The applicant has exercised that right, which now requires a hearing before the City Council. Following tonight’s meeting, staff will then prepare the requisite resolution and bring it back for final approval at the next regular council meeting. Recommended Action: Hold hearing (hear from staff and the applicant and ask any question of said persons), deliberate, and thereafter make one of the following motions: (1)A motion to direct staff to prepare a resolution with the findings upholding the denial based on the findings in the Denial Letter and as discussed tonight; or (2)A motion to direct staff to prepare a resolution with findings overturning the denial based on the findings discussed tonight. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Council Packet Page Number 92 of 334 J2 Background: On April 30, 2024, Minnesota Sober Housing, LLC applied fora rental license for the property located at 1895 County Road C (“Property”). On May 22, 2024, following review and inspection of said application and the Property by City staff and consultants, City Manager Michael Sable issued a letter denying the rental application (the “Denial Letter”). The Denial Letter, a copy of which is enclosed with this report with noted attachments, provides that the application was denied for three reasons: 1) an individual owner of Minnesota Sober Housing, LLC had a rental license revoked by the city of South Saint Paul within one year of the application; 2) said revocation was not properly disclosed as part of the application, which constitutes a fraudulent statement, misrepresentation, or false statement; and 3) the Property does not meet city code and building code standards for rental properties. Each of these three reasons is discussed in more detail below. Following the Denial Letter, the applicant was provided with seven days to appeal the decision to the City Council. The applicant has exercised that right, which now requires a hearing before the City Council. The role of the City Council in the appeal hearing is to review the City’s basis for the denial and hear from the applicant regarding the denial. The appellant has the right to present evidence through witnesses, and the City Council may rely on all evidence it determines is reasonably credible. The City Council’s final decision must be based on a preponderance of the evidence presented. is important to clarify that there are two limited Two Businesses with Common Ownership – It liability companies (LLCs) that are associated with the rationale noted in the Denial Letter: Minnesota Sober Housing, LLC and El Camino, LLC. Minnesota Sober Housing, LLC is the named applicant for the rental license application subject to the pending appeal. El Camino, LLC is the entity that was subject to the rental license revocation in South Saint Paul in 2023. Specific ownership and other relevant facts related to the two LLCs is detailed below: - Prior to March 26, 2023, El Camino, LLC was owned 100% by Arturo Eguia. - On March 26, 2023, El Camino, LLC’s ownership was changed to 90% for Raul Eguia and 10% for Arturo Eguia. - Raul Eguia lives in Texas and is Arturo Eguia’s father. In addition to being his son, Arturo Eguia is also Raul Eguia’s attorney-in-fact (meaning he has power of attorney to act on his father’s behalf). - Minnesota Sober Housing, LLC was created on April 15, 2024, approximately two weeks before the application pending appeal was made. - Minnesota Sober Housing, LLC is owned entirely by Raul Eguia, although its registered address is a property in Stillwater owned by Arturo Eguia. - Prior to April 29, 2024, El Camino, LLC was contract for deed vendee for the Property. - On April 29, 2024 (one day before the application pending appeal was made), Minnesota Sober Housing, LLC became the new contract for deed vendee for the Property. Timeline of Relevant Events Described in Denial Letter. March 26, 2023 – Arturo Eguia transfers 90% ownership of El Camino, LLC to Raul Eguia and maintains 10%. Counil Packet Page Number 93 of 334 J2 May 15, 2023 – City of South Saint Paul directs staff to bring back resolution revoking rental license. June 5, 2023 – El Camino, LLC has rental license revoked by City of South Saint Paul. April 29, 2024 – Minnesota Sober Housing, LLC enters into contract for deed for Property. Prior to April 29, 2024, El Camino, LLC had a contract for deed for the Property. April 30, 2024 – Minnesota Sober Housing, LLC applies for rental license for Property. May 22, 2024 – City Manager Sable issues letter denying rental license application. May 22, 2024 – Minnesota Sober Housing, LLC appeals City’s denial of rental license application. The application was denied for three reasons: 1) Owner had a rental license revoked within the past year. The City Code includes that a reason for denial for a rental license is “the licensee’s rental license to operate another rental dwelling in the City of Maplewood or in another jurisdiction has been denied, revoked, or suspended within the past year.” The revocation of the South Saint Paul rental license was within the last year of both the application and denial letter. It is important to note that the Maplewood City Code uses the term “licensee” to refer to both an applicant for a license and a currently licensed rental operator (“Licensee means an owner that operates a rental dwelling and is required to be licensed under this chapter.”) 2) The application contains fraudulent statements, misrepresentations, or false statements. The rental license application requires the application to answer yes or no to the following: “Within the past year, has any individual having ownership of this property had a rental license to operate another rental dwelling in the City of Maplewood or another jurisdiction denied, revoked, or suspended?” The application indicated “no”. In light of the South Saint Paul revocation described above, answering “no” constitutes a fraudulent statement, misrepresentation, or false statement. 3) The Property does not conform to required building and code provisions. An inspection of the Property was performed as part of the application process and found a number of violations that are outlined in the Denial Letter. Attachments: 1. Rental License Application 2. Rental License Denial Letter 3. Denial Letter Attachments Council Packet Page Number 94 of 334 J2, Attachment 1 Counil Packet Page Number 95 of 334 J2, Attachment 1 EFQBSUNFOU!PG!UIF!USFBTVSZ JOUFSOBM!SFWFOVF!TFSWJDF DJODJOOBUJ!!PI!!!56:::.1134 Ebuf!pg!uijt!opujdf;!!15.28.3135 Fnqmpzfs!Jefoujgjdbujpo!Ovncfs; ::.3654641 Gpsn;!!TT.5 Ovncfs!pg!uijt!opujdf;!!DQ!686!H NJOOFTPUB!TPCFS!IPVTJOH!MMD SBVM!N!FHVJB!TS!TPMF!NCS 22646!EFMMXPPE!SE!OGps!bttjtubodf!zpv!nbz!dbmm!vt!bu;! TUJMMXBUFS-!NO!!661932.911.93:.5:44 JG!ZPV!XSJUF-!BUUBDI!UIF TUVC!BU!UIF!FOE!PG!UIJT!OPUJDF/ XF!BTTJHOFE!ZPV!BO!FNQMPZFS!JEFOUJGJDBUJPO!OVNCFS Uibol!zpv!gps!bqqmzjoh!gps!bo!Fnqmpzfs!Jefoujgjdbujpo!Ovncfs!)FJO*/!!Xf!bttjhofe!zpv! FJO!::.3654641/!!Uijt!FJO!xjmm!jefoujgz!zpv-!zpvs!cvtjoftt!bddpvout-!uby!sfuvsot-!boe epdvnfout-!fwfo!jg!zpv!ibwf!op!fnqmpzfft/!Qmfbtf!lffq!uijt!opujdf!jo!zpvs!qfsnbofou sfdpset/ Ubyqbzfst!sfrvftu!bo!FJO!gps!uifjs!cvtjoftt/!Tpnf!ubyqbzfst!sfdfjwf!DQ686!opujdft!xifo bopuifs!qfstpo!ibt!tupmfo!uifjs!jefoujuz!boe!bsf!pqfojoh!b!cvtjoftt!vtjoh!uifjs!jogpsnbujpo/ Jg!zpv!eje!opu!bqqmz!gps!uijt!FJO-!qmfbtf!dpoubdu!vt!bu!uif!qipof!ovncfs!ps!beesftt!mjtufe po!uif!upq!pg!uijt!opujdf/ Xifo!gjmjoh!uby!epdvnfout-!nbljoh!qbznfout-!ps!sfqmzjoh!up!boz!sfmbufe!dpssftqpoefodf- ju!jt!wfsz!jnqpsubou!uibu!zpv!vtf!zpvs!FJO!boe!dpnqmfuf!obnf!boe!beesftt!fybdumz!bt!tipxo! bcpwf/!Boz!wbsjbujpo!nbz!dbvtf!b!efmbz!jo!qspdfttjoh-!sftvmu!jo!jodpssfdu!jogpsnbujpo!jo zpvs!bddpvou-!ps!fwfo!dbvtf!zpv!up!cf!bttjhofe!npsf!uibo!pof!FJO/!!Jg!uif!jogpsnbujpo!jt opu!dpssfdu!bt!tipxo!bcpwf-!qmfbtf!nblf!uif!dpssfdujpo!vtjoh!uif!buubdife!ufbs.pgg!tuvc boe!sfuvso!ju!up!vt/ B!mjnjufe!mjbcjmjuz!dpnqboz!)MMD*!nbz!gjmf!Gpsn!9943-!Foujuz!Dmbttjgjdbujpo!Fmfdujpo- boe!fmfdu!up!cf!dmbttjgjfe!bt!bo!bttpdjbujpo!ubybcmf!bt!b!dpsqpsbujpo/!!Jg!uif!MMD!jt fmjhjcmf!up!cf!usfbufe!bt!b!dpsqpsbujpo!uibu!nffut!dfsubjo!uftut!boe!ju!xjmm!cf!fmfdujoh!T dpsqpsbujpo!tubuvt-!ju!nvtu!ujnfmz!gjmf!Gpsn!3664-!Fmfdujpo!cz!b!Tnbmm!Cvtjoftt Dpsqpsbujpo/!!Uif!MMD!xjmm!cf!usfbufe!bt!b!dpsqpsbujpo!bt!pg!uif!fggfdujwf!ebuf!pg!uif!T dpsqpsbujpo!fmfdujpo!boe!epft!opu!offe!up!gjmf!Gpsn!9943/ Up!pcubjo!uby!gpsnt!boe!qvcmjdbujpot-!jodmvejoh!uiptf!sfgfsfodfe!jo!uijt!opujdf- wjtju!pvs!Xfc!tjuf!bu!xxx/jst/hpw/!!Jg!zpv!ep!opu!ibwf!bddftt!up!uif!Joufsofu-!dbmm 2.911.93:.4787!)UUZ0UEE!2.911.93:.516:*!ps!wjtju!zpvs!mpdbm!JST!pggjdf/ Council Packet Page Number 96 of 334 J2, Attachment 1 )JST!VTF!POMZ*!!!!686H15.28.3135!!NJOO!!P!!::::::::::!!TT.5 JNQPSUBOU!SFNJOEFST; +Lffq!b!dpqz!pg!uijt!opujdf!jo!zpvs!qfsnbofou!sfdpset/!Uijt!opujdf!jt!jttvfe!pomz pof!ujnf!boe!uif!JST!xjmm!opu!cf!bcmf!up!hfofsbuf!b!evqmjdbuf!dpqz!gps!zpv/!Zpv nbz!hjwf!b!dpqz!pg!uijt!epdvnfou!up!bozpof!btljoh!gps!qsppg!pg!zpvs!FJO/ +Vtf!uijt!FJO!boe!zpvs!obnf!fybdumz!bt!uifz!bqqfbs!bu!uif!upq!pg!uijt!opujdf!po!bmm zpvs!gfefsbm!uby!gpsnt/ +Sfgfs!up!uijt!FJO!po!zpvs!uby.sfmbufe!dpssftqpoefodf!boe!epdvnfout/ +Qspwjef!gvuvsf!pggjdfst!pg!zpvs!pshboj{bujpo!xjui!b!dpqz!pg!uijt!opujdf/ Zpvs!obnf!dpouspm!bttpdjbufe!xjui!uijt!FJO!jt!NJOO/!!Zpv!xjmm!offe!up!qspwjef!uijt jogpsnbujpo!bmpoh!xjui!zpvs!FJO-!jg!zpv!gjmf!zpvs!sfuvsot!fmfduspojdbmmz/ Tbgfhvbse!zpvs!FJO!cz!sfgfssjoh!up!Qvcmjdbujpo!5668-!Tbgfhvbsejoh!Ubyqbzfs Ebub;!B!Hvjef!gps!Zpvs!Cvtjoftt/ Zpv!dbo!hfu!boz!pg!uif!gpsnt!ps!qvcmjdbujpot!nfoujpofe!jo!uijt!mfuufs!cz wjtjujoh!pvs!xfctjuf!bu!xxx/jst/hpw0gpsnt.qvct!ps!cz!dbmmjoh!911.UBY.GPSN )911.93:.4787*/ Jg!zpv!ibwf!rvftujpot!bcpvu!zpvs!FJO-!zpv!dbo!dpoubdu!vt!bu!uif!qipof!ovncfs ps!beesftt!mjtufe!bu!uif!upq!pg!uijt!opujdf/!Jg!zpv!xsjuf-!qmfbtf!ufbs!pgg!uif tuvc!bu!uif!cpuupn!pg!uijt!opujdf!boe!jodmvef!ju!xjui!zpvs!mfuufs/ Uibol!zpv!gps!zpvs!dppqfsbujpo/ Lffq!uijt!qbsu!gps!zpvs!sfdpset/!!!!!!!!!DQ!686!H!)Sfw/!8.3118* .............................................................................................. Sfuvso!uijt!qbsu!xjui!boz!dpssftqpoefodf tp!xf!nbz!jefoujgz!zpvs!bddpvou/!!QmfbtfDQ!686!H dpssfdu!boz!fsspst!jo!zpvs!obnf!ps!beesftt/ :::::::::: Zpvs!Ufmfqipof!Ovncfs!!Cftu!Ujnf!up!Dbmm!!EBUF!PG!UIJT!OPUJDF;!!15.28.3135 )!!!!!*!!!!!!.FNQMPZFS!JEFOUJGJDBUJPO!OVNCFS;!!::.3654641 `````````````````````!!`````````````````!!GPSN;!!TT.5OPCPE JOUFSOBM!SFWFOVF!TFSWJDFNJOOFTPUB!TPCFS!IPVTJOH!MMD DJODJOOBUJ!!PI!!!56:::.1134SBVM!N!FHVJB!TS!TPMF!NCS 22646!EFMMXPPE!SE!O TUJMMXBUFS-!NO!!66193 Counil Packet Page Number 97 of 334 J2, Attachment 1 Council Packet Page Number 98 of 334 J2, Attachment 1 Counil Packet Page Number 99 of 334 J2, Attachment 1 Council Packet Page Number 100 of 334 J2, Attachment 1 Counil Packet Page Number 101 of 334 J2, Attachment 1 Council Packet Page Number 102 of 334 J2, Attachment 1 Counil Packet Page Number 103 of 334 J2, Attachment 1 Council Packet Page Number 104 of 334 J2, Attachment 1 Counil Packet Page Number 105 of 334 J2, Attachment 1 Council Packet Page Number 106 of 334 J2, Attachment 1 Counil Packet Page Number 107 of 334 J2, Attachment 1 Council Packet Page Number 108 of 334 J2, Attachment 1 Counil Packet Page Number 109 of 334 J2, Attachment 1 Council Packet Page Number 110 of 334 J2, Attachment 1 Counil Packet Page Number 111 of 334 J2, Attachment 1 Council Packet Page Number 112 of 334 J2, Attachment 1 Counil Packet Page Number 113 of 334 J2, Attachment 2 May 22, 2024 Raul Eguia c/o Arturo Eguia 11535 Dellwood Rd. N. Stillwater, MN 55082 Mr. Eguia: The intent of this letter is to convey the decision made by the City Manager of the City of Maplewood (the ÐCityÑ) regarding the application for a rental license made by Minnesota Sober Housing, LLC (the ÐApplicantÑ), for 1895 County Road C, Maplewood MN 55109 (the ÐPropertyÑ). The application is attached as Attachment A. The Property has been operatingwithout a rental license. This violation is noted in a letter sent to the property owner of record on April 22, 2024. See Attachment B. The application for a rental license was received on April 30, 2024, after receiving Attachment A and the filing fee. This letter is to inform you that the license application has been denied pursuant to: City Code, section 12.615 (a) (8) Î The licensee's rental license to operate another rental dwelling in the City of Maplewood or in another jurisdiction has been denied, revoked, or suspended within the past year; City Code, section 12.615(a) (4) Î The licensee has made fraudulent statements, misrepresentations, or false statements in the application or investigation or in any information required by this chapter; City Code, section 12.615 (a) (1) Î The property does not conform to City Code;& City Code, section 12.615(a) (2) Î The property does not comply with a health, building, maintenance, or other provisions of the City Code or state law; A copy of Article XIII Î Licensing of Rental Dwellings is enclosed for reference in Attachment C. CityofMaplewood Office of the City ManagerOffice 651-249-2055 1830 County Road B EastFax651-249-2059 Maplewood, MN 55109 www.maplewoodmn.gov Council Packet Page Number 114 of 334 J2, Attachment 2 Mr. Eguia Î 1895 County Road C Rental Application May 22, 2024 Page 2 I.Revocation of License in Another Jurisdiction (City Code, section 12.615 (a)(8)) City Code, section 12.615 (a)(8) provides the City may deny a rental application if "\[t\]he licensee's rental license to operate another rental dwelling in the City of Maplewood or in another jurisdiction has been denied, revoked, or suspended within the past year;" Raul Eguia is the sole member and owner of Minnesota Sober Living, LLC. See Attachment D. Minnesota Sober Living, LLC has an ownership interest in the Property pursuant to a contract for deed effective April 29, 2024. See Attachment E. On June 5, 2023, El Camino, LLC had a rental license revoked by the City of South Saint Paul. See Attachment F. Since March 26, 2023, Raul Eguia has owned 90% of El Camino, LLC and Arturo Eguia has owned 10% - meaning both had ownership interests when the revocation occurred in South Saint Paul. See Attachment G. The City finds that Raul Eguia has an ownership interest in the Property and had a rental license to operate another rental dwelling revoked in the past year. This is grounds for denial of the rental license. II.Fraudulent Statements, Misrepresentations, or False Statements (City Code, section 12.615 (a)(4)) City Code, section 12.615 (a)(4) provides as a reason for denial; "\[t\]he licensee has made fraudulent statements, misrepresentations, or false statements in the application or investigation or in any information required by this chapter;" The CityÓs application for rental licensing includes the following question in Table 1: Table 1 Î Excerpt from Application Form Attachment A shows the applicant selected ÐnoÑ in response to the question and did not disclose the revocation of the South Saint Paul license. The application also requires the applicant to Ðcertify that the above information is true and correct to the best of their knowledge.Ñ See Table 2. City of Maplewood - Office of the City Manager Counil Packet Page Number 115 of 334 J2, Attachment 2 Mr. Eguia Î 1895 County Road C Rental Application May 22, 2024 Page 3 Table 2 The application was completed and submitted by Raul Eguia, through his agent Arturo Eguia who has power of attorney.See Attachment H. The failure to disclose the previous license revocation means the application is not true or correct. TheCity finds thatRaul Eguia, through his agent Arturo Eguia,made fraudulent statements, misrepresentations, or false statements in the application. This is grounds for denial of the license. III.Property Does Not Conform to City Code (City Code, section 12.615 (a)(1))& Property Does Not Comply with A Health, Building, Maintenance, or Other Provisions of the City Code or State Law (City Code, section 12.615 (a)(2) El Camino, LLC also had an ownership interest in the Property until April 30, 2024. Attachment I.El Camino, LLC, had an ownership interest in the Property prior to March 16, 2023 and at that time was owned and operated by Arturo Eguia.After March 16, 2023, El Camino, LLC was owned by both Raul Eguia and Arturo Eguia. See Attachments G and J. Arturo Eguia applied for a reasonable accommodation, pursuant to City Code, section 44-22, for the Property on October 17, 2022, which was denied on December 23, 2022, due to the application being incomplete. See Attachment K. This documentationprovides that Arturo Eguia had a property interest in the Property through El Camino, LLC from at least October 17, 2022-April 14, 2024 and Raul Eguia has a property interest in the Property since March 16, 2023. The Property has been occupied by more than the number of individuals allowed under the City Code. This is noted in a letter sent to the property owner of record on April 25, 2024. See Attachment L. Permitting more than the number of allowed individuals at the Property is a separate violation of the City Code from operating the Property without a rental license. An inspection of the Property was completed on May 9, 2024. The inspection photos show that there are 15 beds with mattresses; 2 mattresses stored against the wall; and 5 beds that were made up for use. The inspectorÓs notes question whether there is still an occupancy issues based on the number of beds with mattresses observed in the Property. See Attachment M. CityofMaplewood-Office of the City Manager Council Packet Page Number 116 of 334 J2, Attachment 2 Mr. Eguia Î 1895 County Road C Rental Application May 22, 2024 Page 4 The inspection notes also show a number of violations of housing and building code standards. See Attachment M. Written Tenant Application and Lease Agreement Required. City Code, section 12-604 requires a licensee toscreen all potential tenant applications and must use a written lease agreement for all tenants. Should you choose to appeal this denial, a hearing will be held before the City Council as described below. If you appeal, you are also requested to bring the documents required in City Code, section 12-604. Failure to provide these documents will be considered a violation of City Code, section 12-605 (a) (15) and City Code, section 12-604. Appeal Pursuant to City Code, section 12-615 (g), youhave seven days to address the grounds for denial provided in this letter or appeal this decision by providing written notice to the City Manager. Should you choose to appeal,written notice of an appeal to this decision must be provided by Wednesday, May 29, 2024. Additionally, if you appeal this decision,a hearing will be held before the City Councilandin accordance withCity Code, section 12-615 (e). The notice must be sent to michael.sable@maplewoodmn.gov with a copy sent to MichaelMartin at michael.martin@maplewoodmn.gov. A copy of this letter is also being sent to the tenants of theProperty in accordance with City Code, section 12-615(h). Additionally, youapplied for an accommodation under the City Code for the Property. This notice only addresses the rental license application and not the request for accommodation. Please address any questions to Michael Martin, michael.martin@maplewoodmn.gov. Regards, MichaelSable City Manager CC: City Attorney Enclosures CityofMaplewood-Office of the City Manager Counil Packet Page Number 117 of 334 J2, Attachment 3 April 25, 2024 Hannah Groschel 6439 Stillwater Blvd N Oakdale, MN 55128 SUBJECT: Rental Property License Required Î 1895 County Road C E Dear Property Owner, It has come to our attention that youare renting or are in the process of renting a property you own, located at 1895 County Road C E in Maplewood, MN, without a valid Rental Property license. This is a violation of Maplewood City Code, Chapter 12, Article XIII. To apply for a license, please visit https://maplewoodmn.gov/ACAand complete the following: 1.Register for an Accela Citizen Access Account 2.Apply for a Rental Property license Please note that an on-site inspection will be required before issuingthis license. For your convenience, a copy of the rental license inspection checklist outlining inspection requirements has been included with this letter. Once a completed application with payment is received, you will be notified by email to schedule this inspection. Please complete the steps above to submit the license application as soon as possible, but no later than Thursday,May 9, 2024. Please understand that failure to obtain a license for a rental property is a violation of Maplewood City Code Sec. 12-602(a), and may result in a first-offense citation fine of $400. If 1895 County Road C E is 1)exempt from the rental license requirement, 2) no longer operates as a rental property, or 3)no longer owned by you, please completeand submit the enclosed Rental Property License Not Required form. CityofMaplewood Community Development Department 1830County Road B EastOffice 651-249-2300 Maplewood, MN 55109www.maplewoodmn.gov Council Packet Page Number 118 of 334 J2, Attachment 3 I appreciate your time and attention to this matter. If you have any questions, please contact me. Sincerely, Regan Beggs Administrative Assistant Î Community Development Department 651-249-2312 Direct Regan.Beggs@MaplewoodMN.gov Enclosures: 1)Guide Î Registering for an Accela Citizen Access Account 2)Guide Î Applying for a Rental Property License 3)Form - Rental Property License Not Required 4)Form Î Rental Inspection Checklist City of Maplewood Ï Community Development Department Counil Packet Page Number 119 of 334 J2, Attachment 3 Council Packet Page Number 120 of 334 J2, Attachment 3 Counil Packet Page Number 121 of 334 J2, Attachment 3 Council Packet Page Number 122 of 334 J2, Attachment 3 Counil Packet Page Number 123 of 334 J2, Attachment 3 Council Packet Page Number 124 of 334 J2, Attachment 3 Counil Packet Page Number 125 of 334 J2, Attachment 3 Council Packet Page Number 126 of 334 J2, Attachment 3 EFQBSUNFOU!PG!UIF!USFBTVSZ JOUFSOBM!SFWFOVF!TFSWJDF DJODJOOBUJ!!PI!!!56:::.1134 Ebuf!pg!uijt!opujdf;!!15.28.3135 Fnqmpzfs!Jefoujgjdbujpo!Ovncfs; ::.3654641 Gpsn;!!TT.5 Ovncfs!pg!uijt!opujdf;!!DQ!686!H NJOOFTPUB!TPCFS!IPVTJOH!MMD SBVM!N!FHVJB!TS!TPMF!NCS 22646!EFMMXPPE!SE!OGps!bttjtubodf!zpv!nbz!dbmm!vt!bu;! 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Sfuvso!uijt!qbsu!xjui!boz!dpssftqpoefodf tp!xf!nbz!jefoujgz!zpvs!bddpvou/!!QmfbtfDQ!686!H dpssfdu!boz!fsspst!jo!zpvs!obnf!ps!beesftt/ :::::::::: Zpvs!Ufmfqipof!Ovncfs!!Cftu!Ujnf!up!Dbmm!!EBUF!PG!UIJT!OPUJDF;!!15.28.3135 )!!!!!*!!!!!!.FNQMPZFS!JEFOUJGJDBUJPO!OVNCFS;!!::.3654641 `````````````````````!!`````````````````!!GPSN;!!TT.5OPCPE JOUFSOBM!SFWFOVF!TFSWJDFNJOOFTPUB!TPCFS!IPVTJOH!MMD DJODJOOBUJ!!PI!!!56:::.1134SBVM!N!FHVJB!TS!TPMF!NCS 22646!EFMMXPPE!SE!O TUJMMXBUFS-!NO!!66193 Council Packet Page Number 128 of 334 J2, Attachment 3 Counil Packet Page Number 129 of 334 J2, Attachment 3 Council Packet Page Number 130 of 334 J2, Attachment 3 Counil Packet Page Number 131 of 334 J2, Attachment 3 Council Packet Page Number 132 of 334 J2, Attachment 3 Counil Packet Page Number 133 of 334 J2, Attachment 3 Council Packet Page Number 134 of 334 J2, Attachment 3 Counil Packet Page Number 135 of 334 J2, Attachment 3 Council Packet Page Number 136 of 334 J2, Attachment 3 Counil Packet Page Number 137 of 334 J2, Attachment 3 Council Packet Page Number 138 of 334 J2, Attachment 3 Counil Packet Page Number 139 of 334 J2, Attachment 3 Council Packet Page Number 140 of 334 J2, Attachment 3 Counil Packet Page Number 141 of 334 J2, Attachment 3 A C ITY C OUNCIL A GENDA R EPORT 8- D ATE: , 2023 D EPARTMENT: City Clerk, Licensing Prepared By: Deanna Werner, City Clerk Peter Mikhail, City Attorney A DMINISTRATOR: A GENDA I TEM: Resolution No. 2023, A Resolution 404 Orchard Lane A CTION TO BE C ONSIDERED: Adopt Resolution No. 2023-0, A Resolution for 404 Orchard Lane. O VERVIEW: This matter was before the City Council on Ma2023. On Ma, 2023, the City Council voted unanimously to based on the reasons given as part of the Staff recommendation and directed Staff to bring forward a resolution memorializing the decision at the next Council Meeting. S TAFF R ECOMMENDATION: Adopt Resolution No. 2023- 0, A Resolution for 404 Orchard Lane. Council Packet Page Number 142 of 334 J2, Attachment 3 On Motion of Council Member Bakken Seconded by Council Member Podgorski CITY OF SOUTH ST. PAUL DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2023-082 RESOLUTION REVOKING CURRENT RENTAL LICENSE AND DENYING RENTAL LICENSE RENEWAL APPLICATION AT 404 ORCHARD LANE, SOUTH ST. PAUL WHEREAS, El Camino, LLC. (the ÐOwnerÑ) is the contract-vendee on a contract for deed for the single-family residential property located at 404 Orchard Lane, South St. Paul (the ÐPropertyÑ); and WHEREAS, the Owner obtained a rental licensee for the Property in October of 2022; and WHEREAS, the Owner has applied for renewal of the license; and WHEREAS, since obtaining a rental license, the Owner has been in violation of the following provisions of the City Code: 1.Multiple violations of Code Section 106-232(a), Tenants in excess of 3 unrelated adults. 2.Multiple violations of Code Section 38-117 & 38-118, Prohibited Location of Sexual Offender. 3.Violation of Code Section 106-242, (3), Conduct in a rental dwelling: Controlled substances. 4.Multiple violations of Code Section 106-242, (17), Conduct in a rental dwelling: Warrant arrest. 5.Multiple violations of Code Section 106-237, Conditions of the license: failure to provide tenant register, tenant screening certification and written leases. 6.Violation of Code Section 106-241, Minnesota State Building Code. 7.Violation of Code Section 106-241, Minnesota State Fire Code. WHEREAS, on May 5, 2023, the Owner was served with a notice that the City Council would hold a hearing at the May 15, 2023 City Council meeting regarding a possible revocation and denial of renewal of his rental license. The notice included information regarding his right to be heard at the hearing; and 1 Counil Packet Page Number 143 of 334 J2, Attachment 3 WHEREAS, on May 15, 2023, the City Council held a hearing to consider the revocation of the OwnerÓs current rental license and a denial of the OwnerÓs pending rental license renewal. During the hearing, the Assistant City Attorney presented evidence; the Owner did not appear at the hearing; and WHEREAS, following the testimony and evidence presented, the City Council voted unanimously to revoke and deny renewal of the rental license for the Property; and WHEREAS, the City Council makes this resolution to memorialize the CouncilÓs findings of fact and its decision to revoke and deny renewal of the rental license for the Property. NOW, THEREFORE, BE IT RESOLVED by the South St. Paul City Council as follows: 1.The City Council makes the following findings of fact: a.The City Council hereby incorporates the memorandum and supporting exhibits from the City Attorney and City Clerk into these findings of fact; and, b.The Owner did not appear at the hearing to dispute the facts or to oppose the revocation/denial of renewal license. 2.Following a hearing, a rental license may be revoked, and a rental license renewal application may be denied, for one or more of the reasons enumerated in City Code Section 106-244(a). 3.Based on the evidence presented by the Assistant City Attorney, the Council hereby adopts the following reasons for revocation and denial of renewal of the OwnerÓs rental license: a.The licensed activity has continuously violated City Code Section 106-232(a), Tenants in excess of 3 unrelated adults since at least December 2022, which is a valid reason for revocation, pursuant to City Code Section 106-244(a). b.The Owner has failed to employ a tenant screening process as required under City Code Section 106-237(3), which is a valid reason for revocation, pursuant to City Code Section 106-244(a). c.The licensed activity has violated City Code Section 38-117 & 38-118, Prohibited Location of Sexual Offender at least twice, which is a valid reason for revocation, pursuant to City Code Section 106-244(a). d.The licensed activity has violated City Code Section 106-242, (17), Conduct in a rental dwelling: Warrant arrest, at least twice since November 2022, which is a valid reason for revocation, pursuant to City Code Section 106-244(a). 2 Council Packet Page Number 144 of 334 J2, Attachment 3 e.The Owner has failed to use the Minnesota Crime-Free Lease Addendum, or its equivalent, as part of his leases as required under City Code Section 106-237(4), which is a valid reason for revocation, pursuant to City Code Section 106-244(a). f.The Owner has failed to comply with the Minnesota State Building Code as required under City Code Section 106-241, which is a valid reason for revocation, pursuant to City Code Section 106-244(a). g.The Owner has failed to comply with the Minnesota State Fire Code as required under City Code Section 106-241, which is a valid reason for revocation, pursuant to City Code Section 106-244(a). 4.The OwnerÓs rental license is revoked. 5.The OwnerÓs application for renewal of his rental license is denied. 6.This Resolution shall take effect upon adoption. Staff is directed to notify tenants that the license has been revoked and to give to tenants a reasonable time, not to exceed 60 days, to vacate the Property. th Affirmed this 5 day of June 2023 Ayes: Nays: Deanna Werner City Clerk 3 Counil Packet Page Number 145 of 334 J2, Attachment 3 Council Packet Page Number 146 of 334 J2, Attachment 3 Counil Packet Page Number 147 of 334 J2, Attachment 3 Council Packet Page Number 148 of 334 J2, Attachment 3 Counil Packet Page Number 149 of 334 J2, Attachment 3 Council Packet Page Number 150 of 334 J2, Attachment 3 Counil Packet Page Number 151 of 334 J2, Attachment 3 Council Packet Page Number 152 of 334 J2, Attachment 3 Counil Packet Page Number 153 of 334 J2, Attachment 3 Council Packet Page Number 154 of 334 J2, Attachment 3 Counil Packet Page Number 155 of 334 J2, Attachment 3 Council Packet Page Number 156 of 334 J2, Attachment 3 Counil Packet Page Number 157 of 334 J2, Attachment 3 Council Packet Page Number 158 of 334 J2, Attachment 3 Counil Packet Page Number 159 of 334 J2, Attachment 3 Council Packet Page Number 160 of 334 J2, Attachment 3 Counil Packet Page Number 161 of 334 J2, Attachment 3 Council Packet Page Number 162 of 334 J2, Attachment 3 Counil Packet Page Number 163 of 334 J2, Attachment 3 Council Packet Page Number 164 of 334 J2, Attachment 3 Counil Packet Page Number 165 of 334 J2, Attachment 3 Council Packet Page Number 166 of 334 J2, Attachment 3 Counil Packet Page Number 167 of 334 J2, Attachment 3 Council Packet Page Number 168 of 334 J2, Attachment 3 Counil Packet Page Number 169 of 334 J2, Attachment 3 Council Packet Page Number 170 of 334 J2, Attachment 3 Counil Packet Page Number 171 of 334 J2, Attachment 3 Council Packet Page Number 172 of 334 J2, Attachment 3 Counil Packet Page Number 173 of 334 J2, Attachment 3 Council Packet Page Number 174 of 334 J2, Attachment 3 Counil Packet Page Number 175 of 334 J2, Attachment 3 Council Packet Page Number 176 of 334 J2, Attachment 3 Counil Packet Page Number 177 of 334 J2, Attachment 3 Council Packet Page Number 178 of 334 J2, Attachment 3 Counil Packet Page Number 179 of 334 J2, Attachment 3 Council Packet Page Number 180 of 334 J2, Attachment 3 Counil Packet Page Number 181 of 334 J2, Attachment 3 Council Packet Page Number 182 of 334 J2, Attachment 3 Counil Packet Page Number 183 of 334 J2, Attachment 3 Council Packet Page Number 184 of 334 J2, Attachment 3 Counil Packet Page Number 185 of 334 J2, Attachment 3 Council Packet Page Number 186 of 334 J2, Attachment 3 Counil Packet Page Number 187 of 334 J2, Attachment 3 Council Packet Page Number 188 of 334 J2, Attachment 3 Counil Packet Page Number 189 of 334 J2, Attachment 3 Θ tƩƚƦĻƩƷǤ 5ĻƷğźƌƭ ŅƚƩ ЊБВЎ /ƚǒƓƷǤ wƚğķ / 9 ağƦƌĻǞƚƚķͲ ab ЎЎЊЉВ ƓźƷ Ћ źƓŅƚƩƒğƷźƚƓʹ ΘSecond unit: Existing In-Law w/kitchen, ¾ bath {ĭŷƚƚƌ źƓŅƚƩƒğƷźƚƓʹ ΘHigh School District: North St Paul-Maplewood ΘSchool District Number: 622 ΘSchool District Phone: 651-748-7410 Property Features Bedrooms ƪBedroom 1 Dimensions: 13.0 x 12.0 ƪBedroom 2 Dimensions: 11.0 x 11.0 ƪBedroom 3 Dimensions: 11.0 x 11.0 ƪBedroom 4 Dimensions: 26.0 x 12.0 ƪBedroom 1 Level: Main ƪBedroom 2 Level: Main ƪBedroom 3 Level: Main ƪBedroom 4 Level: Upper ƪBedroom 5 Level: Upper Council Packet Page Number 190 of 334 J2, Attachment 3 Other Rooms ƪTotal Rooms: 13 ƪBasement Features: Concrete Block, Egress Windows, Finished (Livable), Full, Storage Space, Walkout ƪFamily Room Dimensions: 21.0 x 11.0 ƪLiving Room Dimensions: 22.0 x 13.0 ƪFamily Room Level: Lower ƪLiving Room Level: Main ƪFamily Room Features: 2 or More, Lower Level, Main Level Bathrooms ƪTotal Bathrooms: 3 ƪFull Bathrooms: 1 ƪ3/4 Bathrooms: 2 Appliances ƪDishwasher ƪDryer ƪExhaust Fan/Hood ƪMicrowave ƪRange ƪRefrigerator ƪWasher Heating and Cooling ƪCooling Features: Central ƪHeating Features: Forced Air ƪHeating Fuel: Natural Gas Kitchen and Dining ƪDining Room Features: Breakfast Area, Eat In Kitchen Exterior and Lot Features ƪBrick/Stone ƪStucco Counil Packet Page Number 191 of 334 J2, Attachment 3 ƪRoad Frontage Type: County, Curbs, Paved Streets, Storm Sewer, Street Lights ƪPorch Level: Main Land Info ƪLand Lease Amount Frequency: No ƪLot Description: Tree Coverage - Medium ƪLot Size Acres: 0.693 ƪLot Size Dimensions: 100x302 ƪLot Size Square Feet: 30187 Garage and Parking ƪGarage Spaces: 2 space for up to 7 cars ƪParking Features: Detached Garage, Driveway - Asphalt, Electric, Garage Door Opener, Storage ƪGarage Dimensions: 24 x 22 ƪGarage Sqft: 528 Amenities and Community Features ƪDeck ƪHardwood Floors ƪKitchen Window ƪMain Floor Master Bedroom ƪNatural Woodwork ƪPaneled Doors ƪPatio Council Packet Page Number 192 of 334 J2, Attachment 3 3/11/2022 Data Management Data management practices for El Camino LLC will be kept off site to provide security of all individuals that reside in the program. Information will be kept in locked/ secured fireproof area consisting of lock file cabinets and locked storage facility. Only persons allow to obtain files will be accredited employees of El Camino LLC holding either owner or management title. Secured area is located at: 289 West Lafayette Frontage Rd, St. Paul Mn 55107. Counil Packet Page Number 193 of 334 J2, Attachment 3 Insurance 3/11/2022 The City of Maplewood does not require programs with occupancy of less than 5 individuals to obtain added insurance policy. Insurance will be provided through accredited insurance program that meets requirements through county in which it resides. A proof of insurance will be provided to MASH for accredited program. Council Packet Page Number 194 of 334 J2, Attachment 3 Intended use for house at:______________________ This program is designed to promote sober living for individuals in recovery. The program is a drug free environment with daily responsibilies and guidelines to promote wellbeing. Every individual that resides in the program must work 30 hours per week, maintain household chores, attend weekly house meeting, prepare meals and coexist with others in the program. Sober House Manager will live on site to ensure and maintain structure, sober environment, and wellbeing. El Camino is currently working with MASH -Minnesota Association of Sober Homes to ensure a primary mission of successful management and growth of high-quality community-based sober-living residences. Included are examples of guidelines set forth through MASH that El Camino follows: ΘEnforcement -Policies-and Grievances Guidelines ΘGood-Neighbor Policy ΘHouse Manager Policy ΘRelapse Policy ΘWeekly Schedule Policy ΘMedication Policy ΘStatement of Recovery Policy Counil Packet Page Number 195 of 334 J2, Attachment 3 {ƷğƷĻƒĻƓƷ ƚŅ wĻĭƚǝĻƩǤ wĻƭźķĻƓƷ wźŭŷƷƭ As a member of El Camino you have rights that the resident staff/mentors will safeguard during your stay. You have a right to: ΘAn environment that supports your recovery. ΘBe free from verbal and physical abuse. ΘBe treated with dignity and respect. ΘChoose your own personal recovery goals. ΘParticipate actively in your recovery. ΘConfidential records that are accessible only to designated staff and which can be released to others only with your written permission, except as allowed by state and federal law. ΘBe referred to subsequent services upon leaving or transferring from this residence if necessary. ΘReƷğźƓ ƦĻƩƭƚƓğƌ ƦƩƚƦĻƩƷǤ ƷŷğƷ ķƚĻƭ ƓƚƷ ƆĻƚƦğƩķźǩĻ Ǥƚǒ ƚƩ ƚƷŷĻƩ͸ƭ ƭğŅĻƷǤ ƚƩ ŷĻğƌƷŷ͵ ΘReceive and send unopened mail. ΘFile a complaint to the owner/operator without fear of retaliation and to have the complaint addressed within a reasonable amount of time. ΘBe fully informed before changes occur in these rights and responsibilities as well as to changes in policies and procedures, should they occur. ΘNot to be required to perform services for the residence, which are not included in the usual expectations for all residents. L ŷğǝĻ ĬĻĻƓ źƓŅƚƩƒĻķ ƚŅ ƒǤ ƩźŭŷƷƭ ğƭ ƌźƭƷĻķ ğĬƚǝĻ͵ tƩźƓƷĻķ bğƒĻʹΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ Council Packet Page Number 196 of 334 J2, Attachment 3 {źŭƓĻķʹΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ 5ğƷĻʹΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ Counil Packet Page Number 197 of 334 J2, Attachment 3 Council Packet Page Number 198 of 334 J2, Attachment 3 Counil Packet Page Number 199 of 334 J2, Attachment 3 Council Packet Page Number 200 of 334 J2, Attachment 3 Counil Packet Page Number 201 of 334 J2, Attachment 3 Council Packet Page Number 202 of 334 J2, Attachment 3 Counil Packet Page Number 203 of 334 J2, Attachment 3 Council Packet Page Number 204 of 334 J2, Attachment 3 Counil Packet Page Number 205 of 334 J2, Attachment 3 Council Packet Page Number 206 of 334 J2, Attachment 3 Counil Packet Page Number 207 of 334 J2, Attachment 3 Council Packet Page Number 208 of 334 J2, Attachment 3 Counil Packet Page Number 209 of 334 J2, Attachment 3 Council Packet Page Number 210 of 334 J2, Attachment 3 Counil Packet Page Number 211 of 334 J2, Attachment 3 Council Packet Page Number 212 of 334 J2, Attachment 3 December23, 2022 El Camino Sober Living c/o ArturoEguia 11535 Dellwood Road North Stillwater, MN 55082 Mr. Eguia: I, along with the City Attorney, have reviewed the application dated October17, 2022 (the ÐApplicationÑ) in which you requesteda reasonable accommodation on behalf of El Camino Sober Living (the ÐApplicantÑ) to use County Road C East (theÐPropertyÑ)asa Ðsober homeÑ for up to 12 persons. We have determined that the Application isincomplete andrequires additionalinformation. Please resubmit your application with the additional information outlined in this letter so that the City can properly consider your request. This letter does not constitutea denialor approvalofthe reasonable accommodation request,but instead is notice thatthe Application is incomplete and additional information must be provided for the City to make a determination underapplicable laws. 1.The Application is Incomplete The Application is technically incomplete becauseit doesnot include any reference to the specific City standard(s)from which the Applicant is requestinga reasonable accommodation, the disability related to the request,or a detailed explanation as to why the accommodation is reasonably necessary, as is required in City Code, Section 44-22(b). In addition, Application doesnot include enough information for the City to adequately consider your request against the criteria included in City Code,Section 44- 22(c). 2.Required Information To ensure that the City hasadequate information to consider your request, I recommend that you include a narrative responseto each of the eight criteria listed in City Code, Section 44-22(c). This should include a detailed explanation of whythe accommodation is reasonably necessary to make the specifichousing available to person(s), including information establishing that the subjectpersons are disabled under applicable laws,as is required under City Code, Section 44-22(b).Ihave attached a copyof City Code, Section 44-22 to thisletter foryourreference. For example, in response to the Ðspecialneed created by the disabilityÑfactorcontained in City Code, Section 44-22(c)(1), the narrative should explain whythe identified disabilitycreatesa special need for people with thatdisability and thatthe identified need can be addressed through the request to have 12 individuals live at the Property. CityofMaplewood Community DevelopmentOffice651-249-2300 1902County Road B EastFax651-249-2319 Maplewood, MN 55109www.maplewoodmn.gov Counil Packet Page Number 213 of 334 J2, Attachment 3 The detailed explanation is what the City will use to determine whether the request is reasonably necessary under applicable laws. The City does not add information to applications based on context due to the potential of a misunderstanding and therefore will only use the information actually provided in an application. 3.Review Timeline Once you have submitted a new application, the City anticipates needing 30-45 days to complete the review. If necessary, the City will let you know if additional time is needed. This timeline is not a legally enforceable deadline, but is being provided to give you an estimate of the amount of time it will take the City to review a completed application. 4.Building Code Deficiencies Î Condition of Approval I have received the truth-in-sale of housing report for the Property, which identified a significant number of items listed as being below minimum standards (ÐBÑ) or hazardous (ÐHÑ). I am letting you know now that we anticipate requiring that certain items listed on the truth-in-housing sale report be adequately fixed and/or brought into compliance as a condition of granting the reasonable accommodation request. A copy of the report is enclosed with this letter. If you have any other questions, please contact me at michael.martin@maplewoodmn.gov. Sincerely, Michael A. Martin Assistant Community Development Director Enclosures: City Code, Section 44-22 Disclosure Report: Truth-In-Sale of Housing Î Dated 07_13_2022 cc: City Attorney (via email only) City of Maplewood - Community Development Council Packet Page Number 214 of 334 J2, Attachment 3 Sec. 44-22. Reasonable accommodation. a)Policy and purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodation in the application of its zoning and other regulations for persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodation. b)Initiation of reasonable accommodation request. Any person who requests reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the city manager or such other person as the city manager may designate from time to time (the "accommodation specialist"). "Person" includes any individual with a disability, his or her representative or a developer or provider of housing for an individual with a disability. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the accommodation specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. c)Accommodation specialist determination; required findings. The accommodation specialist, in consultation with the city attorney, shall have the authority to consider and act on requests for reasonable accommodation. The accommodation specialist shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered: 1)Special need created by the disability; 2)Potential benefit that can be accomplished by the requested accommodation; 3)Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; 4)Physical attributes of and any proposed changes to the subject property and structures; 5)Potential impact on surrounding uses; 6)Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies or procedures of the city, and/or nature of the area in which the accommodation is being requested; City of Maplewood - Community Development Counil Packet Page Number 215 of 334 J2, Attachment 3 7)Whether the requested accommodation would impose an undue financial or administrative burden on the city; and 8)Any other factor that may be determined to have a bearing on the request. Any approval issued under this section may include such reasonable conditions that the accommodation specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. d)Notice of decision. The written decision of the accommodation specialist shall be mailed to the applicant within five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the accommodation specialist pursuant to paragraph (h)below. The decision of the accommodation specialist shall constitute the final decision of the city, unless appealed according to the procedures and within the time limits provided in paragraph (h). Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. A reasonable accommodation approved under this section shall become effective on the first calendar day following expiration of the right to appeal. e)Applicability. Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the city's approval of such accommodation, shall be entitled to the benefits and protections thereof. f)Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the accommodation specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. g)Fee. The city council shall annually set a fee in connection with a request for reasonable accommodation made pursuant to the provisions of this article. Additional fees for any other required permit or approval shall also be charged in accordance with the city's general fee schedule. h)Appeals. Any decision reached by the accommodation specialist pursuant to paragraph (d) above shall be subject to appeal to the city council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the accommodation specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the city manager shall present such appeal to the city council for action within 30 days. The accommodation specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under paragraph (d) above. Following a hearing on such appeal, the city council shall issue its findings, in writing, within 30 days. (Ord. No. 1002, § I, 7-8-2019) City of Maplewood - Community Development Council Packet Page Number 216 of 334 J2, Attachment 3 Counil Packet Page Number 217 of 334 J2, Attachment 3 Council Packet Page Number 218 of 334 J2, Attachment 3 Counil Packet Page Number 219 of 334 J2, Attachment 3 Council Packet Page Number 220 of 334 J2, Attachment 3 April 22, 2024 Hannah Lynn Groschel 6439 Stillwater Blvd N Oakdale MN 55128-3717 RE: 1895 County Road C East, Maplewood, MN 55109 Dear Property Owner, Citycodes exist to prevent blight, maintain a residential atmosphere, and promote safe and healthful neighborhoods. By complying with these codes, you help keep Maplewood clean, safe, and attractive. City has received complaints that a Ñsober homeÒ is beingoperated out of the home on the property. In addition, the City has received information that there are 14 individuals living on the property. City staff has confirmed that the above-mentioned property is in violation of the following city code. ONE SINGLE-FAMILY DWELLING Ch.44-101: The only uses permitted in the R-1 residence district are as follows: 1.One single-family dwelling and its accessory buildings and uses on each lot. Property owners may construct a second single-family dwelling on their lot, if they meet the following conditions: a.The property owner shall sign a statement prepared by the city. This statement shall include an agreement to remove the existing house, including the basement and footings, and clean up the site within 90 days of completion or occupancy of the new house. If adverse weather conditions occur which cause a delay in the demolition or removal, the director of community development may grant a one-time extension for the required removal, site cleanup and restoration of up to 60 days. The city council may approve one additional time extension. b.The property owner giving the city an irrevocable letter of credit or cash escrow equal to 1½ times the estimated cost of the removal or demolition of the existing house. This surety is to ensure the removal of the existing house and cleanup of the site. c.The property owner signing a right-of-entry agreement allowing city-designated workers or contractors on the property to remove the older house or clean up the property. d.Compliance with section 44-18, concerning access. e.The property owner shall site the new house so there is adequate emergency vehicle access to both houses. This shall be subject to the approval of the police chief. f.The property owner must occupy the existing (old) house. CityofMaplewood Community DevelopmentOffice 651-249-2300 1830County Road B Eastwww.maplewoodmn.gov Maplewood, MN 55109 Counil Packet Page Number 221 of 334 J2, Attachment 3 2.Public parks and playgrounds. 3.Home occupations, subject to the licensing requirements stated in chapter 14, article II, division 2.Home occupations shall include commercial plant nurseries and greenhouses from a property with a dwelling. 4.One manufactured home may be temporarily parked on improved property temporarily with city council approval by special permit. The city council shall set the time period and conditions of use. 5.No more than one light commercial vehicle with each house. 6.Home garden. Furthermore, City Code Section 44-60 defines Family as one of the following, living together as a single housekeeping unit: 1.An individual or a group of persons not to exceed five, who are not related by blood, marriage, foster children, or adoption; 2.Two persons related by blood, marriage, foster children, or adoption and not more than three unrelated persons; or 3.Three or more persons related by blood, marriage, foster children, or adoption and not more than two unrelated persons. Please actto bring your property into compliance byMay 15, 2024. Failure to comply with city codes may result in a criminal or civil citation. If you have any questions, please do not hesitate to contact me at Michael.Martin@MaplewoodMN.govor by phone at 651-249-2303. Sincerely, Michael Martin City of Maplewood CityofMaplewood-CommunityDevelopment Council Packet Page Number 222 of 334 J2, Attachment 3 Counil Packet Page Number 223 of 334 J2, Attachment 3 Council Packet Page Number 224 of 334 J2, Attachment 3 Counil Packet Page Number 225 of 334 J2, Attachment 3 Council Packet Page Number 226 of 334 J2, Attachment 3 Counil Packet Page Number 227 of 334 J2, Attachment 3 Council Packet Page Number 228 of 334 J2, Attachment 3 Counil Packet Page Number 229 of 334 J2, Attachment 3 Council Packet Page Number 230 of 334 J2, Attachment 3 Counil Packet Page Number 231 of 334 J2, Attachment 3 Council Packet Page Number 232 of 334 334of 233 Number Page Packet Counil J2, Attachment 3 J2, Attachment 3 Council Packet Page Number 234 of 334 J2, Attachment 3 Counil Packet Page Number 235 of 334 J2, Attachment 3 Council Packet Page Number 236 of 334 J2, Attachment 3 Counil Packet Page Number 237 of 334 J2, Attachment 3 Council Packet Page Number 238 of 334 J2, 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