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HomeMy WebLinkAbout2024-06-24 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 24, 2024 City Hall, Council Chambers Meeting No. 12-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. June 10, 2024 City Council Workshop Meeting Minutes 2. June 10, 2024 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Ramsey County Master Agreement for Maintenance of Traffic Control Signal Systems, City Project 23-14 3. Resolution Directing Final Payment and Acceptance of Project, Woodlynn- Southlawn Area Street Improvements, City Project 22-17 4. Conditional Use Permit Review, Erskine Wood Floors, 2728 Geranium Avenue East 5. Conditional Use Permit Review, Advanced Vehicle Solutions, Inc., 47 Century Avenue North 6. Conditional Use Permit Review, Commercial Vehicle Storage, 2510 Carver Avenue East 7. Resolution Appointing Election Judges and Establishing a Ballot Board for the 2024 Primary Election 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 Affirming Denial of Rental License Application for Property Located at 1895 County Road C J. NEW BUSINESS 1. Conditional Use Permit Resolution, Sejong Academy, 2410 Stillwater Road 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 5:45P.M. Monday, June10, 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 at5:45 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent 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.Potential Development Concepts for the St Paul Regional Water Service (SPRWS) Property, 1958 Rice St N Community Development Director Parr gave introductory information. Justin Gaarder, Senior Real Estate Specialist with Rondo Community Land Trust, MenakaMohan, with Platform CRE, Elizabeth Turner, with Precipitate Architecture, and Kristie Elfering, with Elfering & Associates, gave the presentation. The presenters and Mikeya Griffin, Executive Director with Rondo Community Land Trust, answered questions of the council. No Action Required. 2.Community Events and Engagement City Manager Sable and Communications Manager Sheeran gave the presentation. City Council discussed ideas and asked to continue the agenda item at the nextworkshop. No Action Required. D.ADJOURNMENT Mayor Abramsadjourned the meetingat6:57p.m. June10, 2024 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 111 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, June 10, 2024 City Hall, Council Chambers Meeting No. 11-24 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:06 byMayor Abrams. Mayor Abrams reported on staff developments including the command staff in the Police Department attending the leadership program by LEEDA, and also recognized Fire & EMS Chief Mondor on finishing the Executive Fire Officer (EFO) Program, and recapped the program details. B.PLEDGE OF ALLEGIANCE Bella George, Giana George, & Lucia George led the council in the pledge of allegiance. C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA CouncilmemberLeemoved to approve the agenda as submitted. Seconded by CouncilmemberCave Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.May 28, 2024 City Council Workshop Meeting Minutes CouncilmemberJuenemannmoved to approve the May 28, 2024 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberCaveAyes – All The motion passed. 2.May28, 2024 City Council Meeting Minutes June 10, 2024 City Council Meeting Minutes 1 Council Packet Page Number 2 of 111 E2 CouncilmemberLeemoved to approve the May 28, 2024 City Council MeetingMinutes assubmitted. Seconded by CouncilmemberJuenemannAyes – All 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.Fire Chief’s Recognition for Resident Bella George Fire & EMS Chief Mondor recognized Bella George for her quickaction to extinguish a fire,read the Resolutionof Appreciation, and presented Bella George with the Fire Chief’s Recognition Awardand pin. Bella George thanked council for the award. annmoved to approve the resolution ofappreciation for resident CouncilmemberJuenem Bella George. Resolution 24-06-2323 RESOLUTION OF APPRECIATION FOR RESIDENT BELLA GEORGE WHEREAS, Bella George took quick and decisive action to extinguish a fire in rd her home on March 3, 2024; and WHEREAS, Bella’s actionsdemonstrated 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. 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 June 10, 2024 City Council Meeting Minutes 2 Council Packet Page Number 3 of 111 E2 taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda items G4 & G5 were highlighted. CouncilmemberLeemoved toapprove agenda items G1-G5. Seconded by CouncilmemberCave Ayes – All The motion passed. 1.Approval of Claims oved to approve the approval of claims. CouncilmemberLeem ACCOUNTS PAYABLE: $ 1,184,206.84 Checks # 121151 thru # 121176 dated 05/28/24 $ 104,506.74 Checks # 121178 thru # 121196 dated 06/04/24 $ 447,889.90 Disbursements via debits to checking account dated 05/20/24 thru 06/02/24 $ 1,736,603.48 Total Accounts Payable PAYROLL $ 735,202.43 Payroll Checks and Direct Deposits dated 05/24/24 $ 735,202.43 Total Payroll $ 2,471,805.91 GRAND TOTAL Seconded by Councilmember CaveAyes – All The motion passed. 2.Resolution to Maintain Statutory Tort Liability Limits oved to approve the resolution to maintain statutory tort liability CouncilmemberLeem limits. Resolution 24-06-2324 RESOLUTION TO MAINTAIN THESTATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED June 10, 2024 City Council Meeting Minutes 3 Council Packet Page Number 4 of 111 E2 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. Seconded by CouncilmemberCave Ayes – All The motion passed. 3.Local Lawful Gambling Permit for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street CouncilmemberLeemoved to approve theLocal Lawful Gambling permit for Church of the Presentation of the Blessed Virgin Mary September 14-15, 2024. Seconded by CouncilmemberCaveAyes – All The motion passed. 4.Ramsey-Washington Metro Watershed District City Hall Courtyard Native Planting Grant CouncilmemberLeemoved to approve the Ramsey-Washington Metro Watershed District Agreement approving a stewardship grant for the City Hall Courtyard Native Planting project. Seconded by Councilmember Cave Ayes – All The motion passed. 5.St. Paul AreaChamber of Commerce City Hall Courtyard Wellness Grant oved to approve the St. Paul Area Chamber of Commerce CouncilmemberLeem Memorandum of Understanding approving a wellness grant for the City Hall Courtyard Native Planting project. 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 June 10, 2024 City Council Meeting Minutes 4 Council Packet Page Number 5 of 111 E2 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 Finance Director Rueb gave the staff report. Bruce Kimmel, Senior Municipal Advisor with Ehlers, provided the bond report. CouncilmemberCavemoved to approve the 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. Resolution 24-06-2325 A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2024A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $4,545,000FIXING 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, Chapters429 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 herebyaccepted, 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: YearInterest RateYearInterest Rate 20265.000%20345.000% 20275.00020355.000 20285.00020364.000 20295.00020374.000 20305.00020384.000 20315.00020394.000 June 10, 2024 City Council Meeting Minutes 5 Council Packet Page Number 6 of 111 E2 20325.00020404.000 20335.000 True interest cost: 3.6540756% 1.03.Purchase Contract. Any amount paid by the Purchaser in excess of the minimum purchase 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 thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February1 in the years and amounts as follows: YearAmountYearAmount 2026$210,0002034$315,000 2027220,0002035330,000 2028235,0002036345,000 2029245,0002037360,000 2030260,0002038375,000 2031270,0002039390,000 2032285,0002040405,000 2033300,000 1.05.Optional Redemption. The City may elect on February1,2033 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.Ristration and Payment. eg 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. June 10, 2024 City Council Meeting Minutes 6 Council Packet Page Number 7 of 111 E2 2.02.Dates; Interest PaymentDates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to whichinterest 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 February1 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: gister. The Registrar must keep at its principal corporate trust office (a) Re 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 and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d)Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e)Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. June 10, 2024 City Council Meeting Minutes 7 Council Packet Page Number 8 of 111 E2 (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 paymentsso 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. If a Bond becomes (h)Mutilated, Lost, Stolen or Destroyed Bonds. 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 satisfactoryto 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. 2.04.A ppointment 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 June 10, 2024 City Council Meeting Minutes 8 Council Packet Page Number 9 of 111 E2 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 causethe 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 Section1.03 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 June 10, 2024 City Council Meeting Minutes 9 Council Packet Page Number 10 of 111 E2 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 Section4.01 hereof, together with any other funds appropriated for the Improvements, and the Taxes 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. June 10, 2024 City Council Meeting Minutes 10 Council Packet Page Number 11 of 111 E2 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 ofor 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 reimbursedfor 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 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. 4.07.C ertificate of County Auditor as to Registration. The City Manager is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Section 475.63 of the Act. Section 5.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.Certification as to Final Official Statement. The Mayor, the City Manager, and the Finance 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. June 10, 2024 City Council Meeting Minutes 11 Council Packet Page Number 12 of 111 E2 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.Electronic 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. 5.05.Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount 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 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. 6.02.Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield 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. June 10, 2024 City Council Meeting Minutes 12 Council Packet Page Number 13 of 111 E2 6.04.Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a)the Bonds are not “private activity bonds” as defined in Section 141 of the Code; (b)the City 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.Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7.Bntry System; Limited Obligation of City. ook-E 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 ofDTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept June 10, 2024 City Council Meeting Minutes 13 Council Packet Page Number 14 of 111 E2 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 bookskept 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. Noperson 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 andPaying 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.Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and theprovisions 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.Cinuing Disclosure. ont 8.01.Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by June 10, 2024 City Council Meeting Minutes 14 Council Packet Page Number 15 of 111 E2 the Mayor and the City Manager and dated the date ofissuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02.City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be consideredan 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 saleand/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 ofsuch deposit. (The remainder of this page is intentionally left blank.) June 10, 2024 City Council Meeting Minutes 15 Council Packet Page Number 16 of 111 E2 EXHIBIT A PROPOSALS June 10, 2024 City Council Meeting Minutes 16 Council Packet Page Number 17 of 111 E2 June 10, 2024 City Council Meeting Minutes 17 Council Packet Page Number 18 of 111 E2 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 RateMaturity DateOriginal IssueCUSIP 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 wireby 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 February1,2033, 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 June 10, 2024 City Council Meeting Minutes 18 Council Packet Page Number 19 of 111 E2 hereof and interest hereon are payable from ad valorem taxes for the City’s share of the cost of the improvements, as 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” withinthe 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 dulyauthorized 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 orstatutory 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 ofits 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 _________________________________ June 10, 2024 City Council Meeting Minutes 19 Council Packet Page Number 20 of 111 E2 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 inscriptionon 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 commonUNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT--as tenants by entiretiesunder 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 assignmentmust 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 June 10, 2024 City Council Meeting Minutes 20 Council Packet Page Number 21 of 111 E2 New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee 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. e and Address: Nam (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 RegistrationRegistered OwnerOfficer of Registrar Cede & Co. Federal ID #13-2555119 June 10, 2024 City Council Meeting Minutes 21 Council Packet Page Number 22 of 111 E2 EXHIBIT C TAX LEVY SCHEDULE Seconded by CouncilmemberJuenemann Ayes – All The motion passed. J.NEW BUSINESS 1.Mid-year Budget Adjustment with Staffing Additions Community Development Director Parr gave the staff report. Councilmember Juenemann movedto approve the creation of a Deputy Building Official position within the City of Maplewood. Seconded by Councilmember Lee Ayes – All The motion passed. 2.Hearing - Appeal of Rental Housing License Denial, 1895 County Road C East City Attorney Batty gave the staff report. Applicant Arturo Equia addressed the council and presented the appeal of the denial. Angel Jones, resident of Sober Living, June 10, 2024 City Council Meeting Minutes 22 Council Packet Page Number 23 of 111 E2 addressed council and provided support of the applicant. City Council discussed the item and asked questions of the applicant, City Attorney Batty, Community Development Director Parr, and Assistant Community Development Director Martin. rect staff to prepare a resolution with the findings Councilmember Cave movedto di upholding the denial based on the findings in the Denial Letter and as discussed tonight in the staff report. Seconded by Councilmember Juenemann Ayes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abrams adjourned the meeting at 8:32 p.m. June 10, 2024 City Council Meeting Minutes 23 Council Packet Page Number 24 of 111 F1 a. CITY COUNCILSTAFF REPORT Meeting Date June 24, 2024 REPORT TO: City Council REPORT FROM: Michael Sable, City Manager PRESENTER:Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation 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: July 8: Workshop: Cannabis Update; DR Horton Concept Discussion July 22: Workshop: Purple Line Update August 12: Workshop: TIF Review and Housing Strategy 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 JuenemannJune 17, 2024 July 2024 TBD July 17, 2024 August 2024 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. Council Packet Page Number 25 of 111 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 26 of 111 G1 Council Packet Page Number 27 of 111 G1, Attachments Council Packet Page Number 28 of 111 G1, Attachments Council Packet Page Number 29 of 111 G1, Attachments Council Packet Page Number 30 of 111 G1, Attachments Council Packet Page Number 31 of 111 G1, Attachments Council Packet Page Number 32 of 111 G1, Attachments Council Packet Page Number 33 of 111 G1, Attachments Council Packet Page Number 34 of 111 G1, Attachments Council Packet Page Number 35 of 111 G1, Attachments Council Packet Page Number 36 of 111 G1, Attachments Council Packet Page Number 37 of 111 G1, Attachments Council Packet Page Number 38 of 111 G1, Attachments Council Packet Page Number 39 of 111 G2 CITY COUNCIL STAFF REPORT Meeting Date June 24, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer PRESENTER:Steven Love AGENDA ITEM: Ramsey County Master Agreement for Maintenance of Traffic Control Signal Systems,City Project 23-14 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: There are thirty-two intersection with Ramsey County Roads in Maplewood that have traffic control signal systems and five signals for pedestrian crossings. Each of these signals have their own separate agreement that covers ownership and maintenance responsibilities between Ramsey County and Maplewood. This master agreement will supersede all the old agreements, standardize the ownership and maintenance responsibilities, make it much more efficient to manage these signal systems, and simplify the process to add or delete signal systems in the future. The City Council will consider entering into the Master Agreement, with Ramey County, for the maintenance of traffic control signals. Recommended Action: Motion to approve the attached Master Agreement, with Ramsey County, for the maintenance of traffic control signal systems, City Project 23-14 and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,600 (Annually) Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: At intersections of Ramsey County and City of Maplewood roads that are controlled by traffic signal systems the City currently pays for annual electrical costs for the majority of the systems. With this new Master Agreement, there will be six signals that the City will be now pay for the annual electrical costs and two signals that City will pay for any street lighting costs. The estimated costs will be roughly $4,000-$6,000. Funds from the Street Light Utility Fund will be used to cover these costs. Strategic Plan Relevance: Community InclusivenessFinancial & Asset Mgmt.Environmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Council Packet Page Number 40 of 111 G2 This Master Agreement covers the responsibilities of Ramsey County and the City of Maplewood for maintenance of traffic control signal systems at intersections with Ramsey County roads that have traffic control signal systems. This master agreement will supersede all the old agreements, standardize the ownership and maintenance responsibilities, make it much more efficient to manage these signal systems, and simplify the process to add or delete signal systems in the future. Background There are thirty-two intersections with Ramsey County roads in Maplewood that have traffic control signal systems and five signals for pedestrian crossings. Each of these signals have their own separate agreement that covers ownership and maintenance responsibilities between Ramsey County and Maplewood. At intersections with traffic control signal system, if at least one leg of the intersection is a City of Maplewood road the majority of the agreements show the City is responsible for electrical costs, street lighting costs, and emergency vehicle preemption (EVP) systems. Ramsey County is responsible for all maintenance and operational cost of the traffic control signal system. The new Master Agreement will standardize these responsibilities for all traffic control signal systems and pedestrian signals that are on the Ramsey County’s system. Review of the existing agreements found the following changes should be made: Six signal agreements were found that need to be changed to the City being responsible for electrical costs. Two signal agreement were found that need to be changed to the City being responsible for street lighting maintenance costs. The estimated costs of these changes are roughly $4,000 to $6,000 annually. The increased costs will be covered by the Street Light Utility Fund similar to the majority of the other signal systems. In the future if new signals are added or existing signal are removed, the Ramsey County’s Traffic Engineer and the City of Maplewood Public Works Director will ratify the changes and a new Exhibit A-1 or A-1 will be noted with the effective date of the change. It is intended that formal approval by the parties’ governing bodies is delegated to the two representatives for this limited purpose. Currently there are five signals for pedestrian crossings in Maplewood which are also included in the Master Agreement. Two of the pedestrian crossing signals are on Ramsey County roads and three are on City of Maplewood roads. The Master agreement also includes information on twenty- nine signals that are owned and operated by the Minnesota Department of Transportation (MnDOT). These signals are not covered by the Master Agreement but are included for reference and to aid in the management of all signals within the City of Maplewood. The City Attorney has reviewed the attached Master Agreement with Ramsey County for maintenance of the traffic control signal systems, City Project 23-14. Staff recommends approving the attached Master Agreement with Ramsey County. Attachments 1.Ramsey County Master Agreement for Maintenance of Traffic Control Signal Systems Council Packet Page Number 41 of 111 G2, Attachment 1 MASTER AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNAL SYSTEMS AGREEMENT NO. PW2023-08M THIS AGREEMENT is between Ramsey County, (“County”), and the City of Maplewood (“City”), for the maintenance and operation of certain traffic control signal systems the within the City of Maplewood: WHEREAS, the County owns and operates traffic control signal systems within the City “Signal Systems”. These Signal Systems may be located at intersections where all legs are controlled by the County or at intersections in which one or more legs are controlled by the City or another city; and WHEREAS, it is the intent of the parties to identify herein the allocation of maintenance and power provision responsibilities for the Signal Systems, in accordance with County policies identified in Ramsey County Board Resolution 78-1394 (policy for lighting Ramsey County roadways) and Ramsey County Board Resolution 81-1001 (policy for allocation of costs for traffic control signal systems), and as agreed by the parties; and WHEREAS, it is the intent of the parties to document and periodically update this Master Agreement with a list of all known Signal Systems (those traffic control signal systems located on a County road or highway within the City) and the allocation of maintenance and power provision responsibilities. Exhibit A-1 to this Master Agreement will serve as that documentation; and WHEREAS, it is the intent of the parties to further document and periodically update this Master Agreement with a list of all known stand-alone pedestrian crossing signals (those pedestrian crossings located on County roads and highways, but not on a Signal System, within the City) (“Ped Signals”) and the allocation of maintenance and power provision responsibilities. Exhibit A-2 to the Master Agreement will serve as that documentation; and WHEREAS, it is the intent of the parties to further document and periodically update this Master Agreement with a list of all known traffic control signal systems controlled by Minnesota Department of Transportation (“MnDOT Signals”) within the City and the allocation of maintenance and power provision responsibilities. Exhibit B to the Master Agreement will serve as that documentation; and WHEREAS, it is the intent of the parties that at intersections with a least one City leg, the City shall be responsible for provision of electrical power and related costs for the Signal System (“Provision of Power”) and shall be responsible for the maintenance of street and ambient lighting incorporated into the Signal System (“Luminaires”); and WHEREAS, where a Signal System is located at intersection on the border of two or more cities, where the costs or responsibilities of the City may be shared with another city, it is the intent of the Parties to allow the City and other city (or cities) to allocate costs and responsibilities outside of this Master Agreement and nothing herein is intended to adjust those separate arrangements between the cities, nor do those agreements impact the allocations identified herein. NOW, THEREFORE, IT IS AGREED: 1. ALLOCATION OF MAINTENANCE RESPONSIBILITIES: The County is responsible for all maintenance responsibilities for any Signal System listed on Exhibits A-1 and A-2, except as provided below. a. The City shall be responsible for the Provision of Power for those Signal Systems listed on Exhibits A-1 and A-2, where the City is the indicated responsible party for “Maintenance Responsibility - Power”. Council Packet Page Number 42 of 111 G2, Attachment 1 b.The City shall be responsible for maintenance of Luminaires for those Signal Systems listed on Exhibits A-1 and A-2, where the City is the indicated responsible party for “Maintenance Responsibility - Luminaire” c.The City shall be responsible for the maintenance of Traffic Control elements of the Signal Systems where the City is the indicated responsible party for Maintenance Responsibility – Traffic Control”) 2.SHARED CITY STREETS: City allocated responsibilities may be shared between multiple cities when a leg of the intersection falls on a border road or is otherwise shared by two or more cities. The details of any shared maintenance or cost agreement between cities shall be documented outside of this Master Agreement, and shall have no impact on the obligations of the parties hereto. Furthermore, if a responsibility listed on Exhibit A-1 or Exhibit A-2 as a City responsibility is shared by the City and another city through another verbal or written agreement, that outside agreement shall not limit the obligation of the City to the County and the County can expect the City to fulfill its obligations under this Master Agreement and to seek reimbursement according to these outside agreements, as they may exist. 3.EFFECT ON PREVIOUS AGREEMENTS: Exhibits A-1 and A-2 represent the existing agreed to allocation of responsibilities for each identified Signal System listed thereon, and supersede any previous agreements between County and City with respect thereto. 4.MAINTENANCE RESPONSIBILITIES: Maintenance Responsibilities are defined as follows: a.Maintenance Responsibility – Power: All aspects of providing all necessary power to the Signal System for the proper operation of its elements installed, including without limitation, display or indicator lamps, emergency vehicle preemption (“EVP”) systems, luminaires (street lights and other ambient lighting), lights for illuminating signages, electronic displays, and traffic monitoring cameras. Responsible party must provide for the connection of the Signal Systems to a public source of electrical power, maintain the power elements of the Signal System, repair or replace power elements in the event of damage or deterioration Maintenance of the battery backup system, including replacement of the batteries, will be the responsibility of the County. b.Maintenance Responsibility – Luminaires: All aspects of any ambient lighting (street light) installed on the Signal System, including replacing bulbs or other expended illumination elements and repair or replacement of any pole, hood, lens, or other element solely for operation of the luminaire due to damage, deterioration, or replacement of the Signal System. c.Maintenance Responsibility – Traffic Control: All remaining elements of the Signal Systems (except as provided below), including replacing lamps or bulbs in any traffic control indicator or display (both vehicle and pedestrian) and the repair or replacement of any upright poles, mast arms, display or indicator heads/units, traffic control signs attached to the Signal System, cabinets, controllers, controller equipment, traffic sensors, accessible pedestrian signal systems (“APS”) due to damage or deterioration. Replacement of Signal Systems due to end of useful life will be determined based on the cost share policy in place at the time. a.EVP systems will managed as provided in Section 8. b.Painting of Signal Systems, including regular updates to maintain a professional appearance, shall be the responsibility of the City requesting the painting. d.MNDOT Signal Systems: Where identified on Exhibit B, the notation is for convenience only, and the allocation of responsibilities shall be governed by the agreement with MNDOT. Council Packet Page Number 43 of 111 G2, Attachment 1 5.NON-TRAFFIC CONTROL SIGNS: No signs may be attached to a Signal System without approval of the County Traffic Engineer. Any sign installed at the request of the City will be installed, maintained, and repaired by the County, but the costs of such work will be reimbursed by the City. 6.TIMING OF SIGNALS: All timing and related adjustments of the traffic control signal shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 7.PERMIT REQUIRED: The City will obtain a permit to work on a Signal System in order to coordinate work in the right-of-way, ensure sufficient traffic control is provided, and manage access and workmanship on Signal Systems. The City will be responsible for any costs associated with traffic control or County forces needed to effectuate City works on the Signal Systems. 8.EVP SYSTEMS: The EVP system shall be operated, maintained, revised, or removed in accordance with the following conditions and requirements: a.All installation, modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by the County’s forces, or, upon concurrence in writing by the County’s Traffic Engineer, may be done by others, all at the cost and expense of the City. b.Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 3 in Section 169.011. c.All timing of said EVP system shall be determined by the County, through its Traffic Engineer. 9.PAYMENT AND RAMSEY COUNTY REIMBURSEMENT RATES: a.The County shall submit an invoice to the City annually, listing all labor, expenses for third-party contractors, equipment, materials or supplies used. b.The City shall promptly pay Ramsey County for the full amount due. c.Labor costs and equipment costs will be at the adopted rates for work performed by County employees. d.The adopted labor rates may include actual hourly rates of the employee (or a per hour equivalent for salaried employees), costs representing the hourly share of benefits, perks and other employment expenses, a provision for costs associated with the provision of a work location, transportation, supplies and training for the employee, and a provision for administration. e.The adopted equipment rates may be based on market rental rates or, if specialized equipment, on a pro rata share of the anticipated useful life of the equipment, plus costs to cover all consumables (fuel, parts), plus a reasonable costs associated with maintenance of the equipment. f.Materials and supplies shall be actual costs incurred by the County. g.Contractor costs shall be as actually paid by the County for the work covered by this agreement. 10.WORKERS AND WORKERS COMP: Any and all persons engaged in work performed under this Agreement who are employed by the County shall be considered employees of the County regardless of whether the work performed is on City or County property, and any and all claims that may arise under the Worker’s Compensation Act of this State on behalf of those employees so engaged shall be the responsibility of the County. Any and all persons engaged in work performed under the Agreement who are employed by the City shall be considered employees of the City regardless of whether the work Council Packet Page Number 44 of 111 G2, Attachment 1 performed is on City or County property, and any and all claims that may arise under the Worker’s Compensation Act of the State on behalf of those employees so engaged shall be the responsibility of the City. 11.INDEMNIFICATION AND THIRD-PARTY CLAIMS: The City and County shall indemnify, defend, and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or action, including attorney’s fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or employees, in the execution, performance, or failure to adequately perform the indemnifying party’s obligation pursuant to the Agreement. Any and all claims made by any third party as a consequence of any negligent act or omission on the part of an employee or contractor of a party as they are engaged on any of the work contemplated herein, shall be the obligation and responsibility of the party employing or retaining the worker, unless another agreement allocates responsibility differently. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common immunities, limits, or exceptions on liability. 12.TERMINATION AND REPLACEMENT AGREEMENT: This Master Agreement may not be terminated, except by mutual agreement of the parties. However, should either party be in default of its obligations under this Master Agreement three times within a twelve-month period or should a default continue for more than 30 days, the City Public Works Director and the County Traffic Engineer of Public Works shall meet and discuss proposed practices to ensure that additional defaults do not occur in the future. Said meeting shall occur within 30 days of the non-defaulting party making a written request to the defaulting party. Should the parties not be able to come to an agreement regarding how to resolve the defaults, the non-defaulting party may give notice to the defaulting party that they request a County-led maintenance plan be invoked. After notice is received, the County-led maintenance plan will take effect on the first of the month six months after the notice. Under a County-led maintenance plan, the County will perform all responsibilities contemplated herein for all Signal Systems identified on Exhibits A-1 and A-2 (as the same may be amended from time to time and the parties will split the costs based on the number of legs entering the intersection. EVP and painting will continue to be 100% the cost responsibility of the City, but the work will be done by the County. The City will reimburse the County for the City’s share of those costs. The City’s share shall be equal to the ratio of the number of legs entering the intersection which are controlled by the City to the total number of legs entering the intersection. The costs will be calculated as provided in Section 9 (plus the costs of electricity), plus an additional 15% for administration. At any time, if an emergency exists and the City is unable to perform its obligations, the County may perform the work necessary and seek reimbursement for its actual costs. At any time, if an emergency exists and the County is unable to perform its obligations, the City may perform the work necessary and seek reimbursement for its actual costs. 13.ADDING OR REMOVING SIGNAL SYSTEMS: The signals included in this Master Agreement may be added or removed by updating Exhibits A-1 and/or A-2, as applicable. A signal may be added to Exhibit A-1 or A-2: a.COOPERATIVE AGREEMENT: If a new signal is installed (or an existing one is replaced) and the allocation of maintenance responsibilities is identified in a properly approved cooperative agreement adopted in anticipation of the development or installation of the signal, the signal may be added to Exhibit A-1 or A-2 (as applicable) and the maintenance responsibilities allocated as provided in the cooperative agreement. The governing cooperative agreement number must be noted for reference. b.MAINTENANCE AGREEMENT: If the parties approve a different allocation of maintenance responsibilities through a property adopted separate formal agreement, the change may be reflected on Exhibits A-1 and/or A2 (as applicable) and the maintenance responsibilities allocated as provided therein. The separate agreement number must be noted for reference. Council Packet Page Number 45 of 111 G2, Attachment 1 c.TRACKING PURPOSES ONLY (PED SIGNALS): If a Ped Signal is located on a County road or highway, it may be added to Exhibit A-2 as long as the City is assuming all responsibility and costs for the operation and maintenance. d.REMOVAL OF SYSTEM: If a Signal System or Ped Signal is physically removed, the signal may be removed from Exhibit A-1 or A-2 (as applicable). The inclusion or removal of a signal system from Exhibit A-1 or A-2 under this section must be ratified by the County’s Traffic Engineer and the City’s Public Works Director, and the new Exhibit A-1 or A-2 shall be noted with the effective date of the change. It is intended that formal approval by the parties’ governing bodies is delegated to the two representatives for this limited purpose. 14.STANDARDIZATION: The allocation of maintenance responsibilities as provided on Exhibits A-1 and A-2 for any individual signal included thereon may be changed to bring it in line with the standard allocation of responsibility listed below. The change of the allocation of maintenance responsibilities to the standard allocation must be ratified by the County’s Traffic Engineer and the City’s Public Works Director, and the new Exhibit A-1 and/or A-2 shall be noted with the effective date of the change. It is intended that formal approval by the parties’ governing bodies is delegated to the two representatives for this limited purpose. STANDARD ALLOCATION OF MAINTENANCE RESPONSIBILITIES TYPE OF SIGNAL TRAFFIC CONTROLLUMINAIRE POWER Traffic Control Signal Systems (Signal County City City Systems) Pedestrian Crossing Signal Systems (Ped City City City Signals) County replaces lamps MnDOT Controlled Traffic Control Signal and MnDOT assumes City City Systems (MnDOT Signals) other elements 15.AMENDMENTS: Any other change to the allocation of maintenance responsibilities or inclusion or removal from the lists on Exhibits A-1 and/or A-2 must be done by amendment to this Master Agreement and no delegation is being contemplated by these terms. 16.NOTICES: All notices shall be in writing and shall be sent by electronic mail, United States mail or common carrier delivery service to the address provided below. For City: For County: Public Works Director Traffic Engineer of Public Works City of Maplewood Ramsey County Department of Public Works 1830 County Road B E 1425 Paul Kirkwold Drive Maplewood, MN 55109 Arden Hills, MN 55112 Email: Email: (Signature page to follow) Council Packet Page Number 46 of 111 G2, Attachment 1 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. CITY OF MAPLEWOOD, MINNESOTA In presence of By: _______________________________ __________________________________ Its: ____________Mayor______________ __________________________________ By: _______________________________ Its: _________ City Manager__________ Date: _______________________________ RAMSEY COUNTY Recommended for approval: ________________________________ By: ________________________________ Brad Estochen, P.E. Chairperson County Engineer Board of Ramsey County Commissioners Ramsey County Public Works Department Approved as to Form: Attest: ________________________________ By: ________________________________ Assistant Ramsey County Attorney Chief Clerk – Ramsey County Board Date: ___________________________ Date: ______________________________ Council Packet Page Number 47 of 111 G2, Attachment 1 . * s set forth CityCityCityCityCityCityCityCityCityCityCityCity City City Power County ersion Maplewood . This v s * Responsibility CityCityCityCityCityCityCityCityCityCityCity CityCity City County Luminaire updated version Maintenance Maplewood CountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCounty City of Traffic Control MAPLEWOOD 2, and B - may be periodically replaced with ) CITY OF(print name)Public Works DirectorDated: 1, A -2 ) sA- Highways Within the hibit CSAH 27 Ex ( Near Arial St CSAH 58) ( View Drive Roads and try Jackson St Kennard St Swanson St Dalen Drive 1 and/or Exhibit A Cross Street - Hazelwood StSouthlawn Dr Roselawn Ave Southlawn Drive Country View DriveCoun Beam Ave (CSAH 20) 11th Ave/Gervais Ave Edgerton St Parkway Drive Concordia Arms ( Exhibit A the current identified Signal Systems, Ped Signals and MnDOT Signals within the City of been adopted by the parties as demonstrated by the verification of the County’s Traffic Engineer and the City’s Signals on County ve No. document 599668673672665575614577576526525527530549538 Traffic TRF , and ha 2, and B -systems (Signal Systems) 1, A RAMSEY COUNTY(print name)Traffic EngineerDated: signal s A- July 31, 2023 13 of the Master Agreement, this Exhibit control AH as of CS below Section is 1. Traffic to CSAH 20 (Beam Ave) CSAH 58 (Edgerton St) Th CSAH 19 (Lydia Avenue) A- CSAH 19 (County Road D) CSAH 30 (Larpenteur Ave) CSAH 65 (White Bear Ave) hibit Pursuant below are currentPublic Works Director.Ex Council Packet Page Number 48 of 111 G2, Attachment 1 ** CityCityCityCityCityCityCity CityCityCity CityCityCity City City Power CountyCountyCountyCountyCounty County County (Parks) * * CityCityCityCityCityCity CityCityCityCity City City N/AN/AN/AN/AN/A CountyCountyCountyCountyCounty Luminaire Maintenance Responsibility CityCityCity CountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCounty County Traffic Control County (Parks) ) ) North Leg Entrance - Hill Dr Cope AveFrost Ave Ripley Ave Germain St Conway Ave Londin Lane Cross Street Holloway Ave Woodlynn Ave HyVee Village Crossing Birmingham Ave Lydia Ave (CSAH 19) Innovation Dr/3M Rd Sylvan St County Rd B (CSAH 25) County RD C (CSAH 23)County Rd D (CSAH 19 Maryland Ave (CSAH 31 Larpenteur Ave (CSAH 30)Larpenteur Ave (CSAH 30) Lower Afton Rd (CSAH 39) (PED SIGNALS) --- 506512552550537597682528539579540657531532644580654 907909 TRF No. AH CS . Signals for pedestrian crossing CSAH 68 (McKnight Rd) CSAH 25 (County Rd B) CSAH 68 (Lakewood Dr) CSAH 68 (McKnight Rd) A-2 CSAH 30 (Larpenteur Ave) CSAH 39 (Lower Afton Rd) hibit Sharing the responsibility with another city. *Ex Council Packet Page Number 49 of 111 G2, Attachment 1 CityCityCityCityCityCityCity City Cost City* StateStateStateStateState MW* St Paul CountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCounty Wash Co Electric Power CityCityCityCityCity City City* StateStateStateStateState MW* St Paul CountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCounty Wash CoWash Co Luminaire Responsibility StateStateStateStateStateStateState CountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCountyCounty Lamping Wash CoWash CoWash Co Maintenance StateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateStateState County Wash Co Traffic Control Street N) th TH 36 Joy Road 3M Road 7th Street Cross Street Conway Ave Beam Avenue Roselawn Ave County Road BCounty Road C 94 South Ramps94 North Ramps County Road D Larpenteur AveLarpenteur AveLarpenteur Ave White Bear AveWhite Bear Ave Minnehaha AveMinnehaha Ave 694 South RampsLakewood Drive -- II- Upper Afton Road I Parkway Dr/Frost Ave 15th St/Harvester Ave CSAH 14 (34 TH 5 S JCT/Stillwater Rd McKnight Road South Ramps McKnight Road North Ramps White Bear Ave South Ramps . No. ----------- 861819820821801317331326351320321322350355397373308309 TRF MnDOT operated signals – T Road 94 B 694 - -I I West Ramps TH 61TH 61TH 61TH 61TH 61TH 61responsibility with another city TH 120TH 120TH 120TH 120TH 120TH 120TH 120TH 120TH 120TH 120TH 120TH 120TH 120TH 120 35E East Ramps 94 (Burns Ave) the MnDO 35E - I – Exhibit – TH 5/Stillwater Rd TH 5/McKnight Rd I TH 36 South Ramps TH 36 North Ramps I Sharing * Council Packet Page Number 50 of 111 G3 CITY COUNCILSTAFF REPORT Meeting Date June 24, 2024 REPORT TO:MichaelSable, City Manager REPORT FROM: Steven Love, Director of Public Works / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: Resolution Directing Final Payment and Acceptance of Project, Woodlynn- Southlawn Area Street Improvements, City Project 22-17 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Contractor, T.A. Schifsky & Sons, has completed the project improvements for the Woodlynn- Southlawn Area Street Improvements, City Project 22-17. City staff have reviewed the work and deemed it acceptable. The contractor has submitted all project closeout documents required for final payment and acceptance of the project. Staff recommends the City Council to direct final payment and accept the project by resolution. Recommended Action: Motion to approve the attached resolution directing Final Payment and Acceptance of Project for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17 Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $2,370,845.49 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The final construction cost falls within the approved budget of $2,943,400. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment This infrastructure improvement project was previously identified in the City’s Capital Improvement Plan and included the replacement of the deteriorated roadway and select utilities within the project area. Council Packet Page Number 51 of 111 G3 Background: The City Council previously awarded a construction contract to T.A. Schifsky & Sons for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17. The project included the spot removal and replacement of concrete curb, lane layout changes on Woodlynn Avenue to better fit current and future traffic needs and improve corridor safety for pedestrians, construction of new sidewalk segments on Woodlynn Avenue and Ariel street, replacement of outdated sanitary and storm sewer surface castings, a new pavement section and the replacement of deteriorated storm sewer structures. The final construction cost of $2,370,845.49 is under the awarded contract amount of $2,389,097.43 by $18,251.94. No changes to the budget are recommended at this time. City staff have reviewed the project improvements and deemed them acceptable. Likewise, staff have received, reviewed, and found acceptable all project closeout documents (lien waivers, IC134 documents, consent from surety, etc.). Attachments: 1.Final Payment Application 2.Resolution Directing Final Payment and Acceptance of Project Council Packet Page Number 52 of 111 G3, Attachment 1 APPLICATION FOR PAYMENT PAYMENT NO. 11 (FINAL) Contract:City Project 22-17 Project:Woodlynn-Southlawn Area Street Improvements Owner:City of Maplewood, Minnesota Contractor:T.A. Schifsky & Sons Application Date:6/14/2024 For Period Ending:6/14/2024 Original Contract Amount:$ 2,389,097.43 Contract Amendments:$ - Contract Amount to Date:$ 2,389,097.43 Total Amount of Work Completed to Date:$ 2,370,845.49 Material Stored On-Site but not in Work:$ - Gross Amount Due to Date:$ 2,370,845.49 Less Retainage0.00%$ - Amount Due to Date:$ 2,370,845.49 Less Previous Payments:$ 2,323,428.58 Total Due This Application:$ 47,416.91 I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor:T.A. Schifsky & Sons 6/14/2024 By:Date: The work on this project and application for payment have been reviewed and the amount shown is recommended for payment. Engineer:City of Maplewood - Public Works Department 6/14/2024 By:Date: Approved for Payment Owner:City of Maplewood By:Date: Council Packet Page Number 53 of 111 G3, Attachment 1 - - - - 5.40 82.40 82.40 70.00 489.70 6,748.56 2,150.00 1,959.75 5,542.00 5,000.00 3,080.00 5,320.00 7,140.00 6,380.00 7,439.25 4,355.00 6,022.50 $ $ $ $ $ $ 1 $84,000.00 2 $2 $7 $ 14 $43 $51 $10 871 $500 $154532 $319 $806 $12,090.00 871 $540 $959 $25,499.81 480 $22,406.40 DateTo Date Extended 1693 $38,939.00 9488 $31,595.04 9858 $35,488.80 6810 $24,652.20 1130 $38,081.00 3238 $14,571.00 2289 $ 17876 $60,420.88 20037 $13,024.05 560.32 $45,380.32 401.50 $ 6710.50 $20,131.50 1108.40 $3781.69 $358,731.11 3527.62 $286,866.06 Quantity to Period Quantity This 41.2041.2070.0031.35 150.00125.00125.00 7,230.601,600.001,959.755,755.506,015.002,500.002,350.006,160.002,940.007,439.254,355.006,000.00 84,000.0014,235.0038,939.0019,740.0013,860.0026,265.0031,595.0461,772.8835,488.8012,728.9523,754.4421,537.9028,611.3048,432.0211,670.00 377,637.66296,492.72 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3.002.254.505.003.253.333.383.605.000.653.620.01 10.0023.0020.0010.0020.0015.0026.5933.7094.8681.3280.9946.6815.00 146.91 Unit PriceContract Extended $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 093 1 84,000.001 41.201 41.2005 25.005 25.007 10.00 48.970 482.04 50.00 15.00 50.0044 140.0014 1532105475 8712 98714787188598 400 2 1,6931,7519,8586,5623,135 4,7451,2791,2031,3862,2899,4883,9813,646 18,27619,583 Contract Quantity LSLF L FL FL F L FL FL FS YS YS FS YS YS YS YS YS YS YS YS YS YS F C YC YC Y GAL Unit TONTONTONTONTON EACHEACHEACHEACH HOURMGAL Item Description SALVAGE, STOCKPILE AND INSTALL RECLAIM MATERIAL (CV)TYPE SPWEA340C BITUMINOUS MIXTURE 2106.607 62104.503REMOVE CONCRETE CURB & GUTTER, ALL TYPES72104.503SAW BITUMINOUS ROADWAY PAVEMENT, FULL DEPTH82104.503SALVAGE LANDSCAPE EDGER OR SHORT WALL92104.504REMOVE BITUMINOUS DRIVEWAY/APRON/TRAIL 12021.501MOBILIZATION22101.502CLEARING AND GRUBBING, SINGLE TREE32104.502REMOVE SIGN42104.502SALVAGE SIGN52104.502SALVAGE MAILBOX ASSEMBLY, ALL TYPES 102104.504REMOVE CONCRETE DRIVEWAY/APRON/WALK112104.518REMOVE EXISTING RETAINING WALL122104.604SALVAGE LANDSCAPE PAVERS132104.604SALVAGE LANDSCAPE ROCK142106.507COMMON EXCAVATION (EV) (P)152106.507SUBGRADE EXCAVATION (EV)16172106.509TEMPORARY STABILIZING AGGREGATE, 1.5-INCH MINUS182108.504NON-WOVEN GEOTEXTILE FILTER FABRIC TYPE 4, FLARED END SECTIONS192123.61STREET SWEEPER, WITH PICKUP BROOM202130.523WATER FOR DUST CONTROL212211.509AGGREGATE BASE CLASS 6 FOR GRADING, AS NEEDED BASIS222215.504FULL DEPTH RECLAMATION, 6-INCH DEPTH232215.504FULL DEPTH RECLAMATION, 8-INCH DEPTH242215.504FULL DEPTH RECLAMATION, 10-INCH DEPTH252215.504FULL DEPTH RECLAMATION, 12-INCH DEPTH262232.503EDGE MILL BITUMINOUS PAVEMENT272331.603JOINT ADHESIVE282331.603BITUMI NOUS ROAD PAVEMENT CONTROL JOINT SAW AND SEAL292357.506BITUMINOUS MATERIAL FOR TACK COAT302360.504TYPE SPWEA330L BITUMINOUS MIXTURE, 1 - 3-INCH LIFT, RESIDENTIAL DRIVEWAY312360.504TYPE SPWEA430B BITUMINOUS MIXTURE, 2 - 2-INCH LIFTS, COMMERCIAL DRIVEWAY 322360.504TYPE SPWEA230B BITUMINOUS MIXTURE, 1 - 3-INCH LIFT, TRAIL332360.509342360.509TYPE SPWEB340C BITUMINOUS MIXTURE 352360.509TYPE SPNWB330C BITUMINOUS MIXTURE 362413.618ENGINEERED MODULAR BLOCK RETAINING WALL (KENNARD STREET)372502.5034-INCH PERFORATED DRAIN TUBING WITH TYPE 1 SOCK, INCLUDES FILTER AGGREGATE Item No.Specification No. Payment Application No. 11 (FINAL) Contract: City of Maplewood Project 22-17Project Name: Woodlynn-Southlawn Area Street Improvements BASE BIDSTREET IMPROVEMENTS Council Packet Page Number 54 of 111 G3, Attachment 1 - - - - - - 82.18 648.90 161.20 258.96 166.86 695.25 6,150.00 1,750.00 1,500.00 1,870.00 2,544.10 2,619.76 4,624.70 1,287.50 8,200.80 $ $ $ $ $ $ $12,712.26 $ $ 2,120,217.49 4 $2,570.88 7 $ 91 $12,699.44 41 $30 $16 $98,880.00 15 $19,305.00 1794 $13,630.00 14 $18 325 $21,089.25 220 $675 $494 $310 $498 $125 $ 1.00 $56,547.00 1.00 $ 4490 $ 1633 $26,487.26 2404 $22,261.04 8116 $46,017.72 5038 $1224 $ 26437 $174,219.83 10116 $249,549.39 10686 $38,576.46 1266.50 $119,367.63 257.50225.00175.00625.00382.50257.50676.71657.44166.40232.96250.29 4,800.001,000.003,785.251,500.002,800.001,787.052,602.085,110.861,287.508,442.00 19,337.2256,547.0098,880.0016,731.0013,340.0038,276.8346,364.8231,734.99 2,114,176.39 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3.611.039.265.675.155.870.520.520.521.036.70 64.8921.6310.30 11,216.70 $ 180,869.14$ 1,928.16$ 219,192.95$ 119,037.75$ 4,449.60$ 17,452.72$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 642.7284 250.001 257.505 35.005 125.001 56,547.0051 1,500.004 700.005 139.05 150.00 22.5016 6,180.0013 1,287.00 747.78 145.00 8.50 25.7527 9.27 932107159245102 2 1 657112320448 3471 4,962 5,0075,5975,0041,260 10,603 24.67 94.25 16.22 6.59 STREET IMPROVEMENTS SUBTOTAL: F LS LB L FL FL F S F27,446L F8,885S Y1,263S Y32S F1,076SL FS YS YL SS FL FL FS YS YS YL FL FS FS F L B EACHEACH EACH3EACHEACHEACHEACHEACHEACH MGAL INSTALL DECIDUOUS TREE, #20 CONTAINERPAVEMENT MESSAGE WHITE, EPOXY MULTI-COMPONENT 2571.6022582.518 382521.6184-INCH CONCRETE SIDEWALK, HE STRENGTH392531.602CONCRETE MEDIAN NOSE (MNDOT STANDARD PLATE 7109C) (HE CONCRETE)402531.503CONCRETE CURB & GUTTER DESIGN B618, B624, D412, TRANSITIONS, KNOCKDOWNS, HE STRENGTH412531.5046-INCH CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL, HE STRENGTH422531.5048-INCH CONCRETE DRIVEWAY PAVEMENT, COMMERCIAL, HE STRENGTH432531.6186-INCH CONCRETE PEDESTRIAN CURB RAMP, HE STRENGTH442531.618TRUNCATED DOMES452540.602INSTALL SALVAGED MAILBOX ASSEMBLY, ALL TYPES462540.602FURNISH & INSTALL MAILBOX ASSEMBLY, ALL TYPES472540.602INSTALL SALVAGED STREET SIGN482540.603INSTALL SALVAGED LANDSCAPE EDGER OR SHORT WALL (ALL TYPES)492540.604INSTALL LANDSCAPE ROCK 3" THICK W/WEED BARRIER502540.604INSTALL SALVAGED LANDSCAPE PAVERS512563.601TRAFFIC CONTROL - NEIGHBORHOOD522563.618TEMPORARY CONSTRUCTION SIGN-SPECIAL532564.602FURNISH & INSTALL SIGN542565.602RIGID PVC LOOP DETECTOR 6'X6'55562573.501EROSION CONTROL, CONTRACTOR'S PLAN572573.502STORM DRAIN INLET PROTECTION, ALL TYPES582573.502STABILIZED CONSTRUCTION EXIT592573.503SEDIMENT CONTROL LOG, TYPE COMPOST602573.603SILT FENCE, HEAVY DUTY, MACHINE SLICED612574.504LOAM TOPSOIL BORROW, 4-INCH622574.508COMMERCIAL FERTILIZER TYPE 1, 10-10-10 FOR SODDED/SEEDED AREAS, 300 LB/AC632575.504SODDING TYPE MINERAL642575.504EROSION CONTROL BLANKET FUTERRA F4, BY RAMY TURF PRODUCTS OR APPROVED EQUAL652575.508TURF ESTABLISHMENT, RESIDENTIAL LAWNS, STREET SIDE BOULEVARD SALT TOLERANT SEED BY RAMY TURF, 300 LB/ACRE662575.523WATER FOR TURF ESTABLISHMENT (ADDITIONAL)672582.5034-INCH SOLID LINE WHITE, EPOXY MULTI-COMPONENT682582.5034-INCH BROKEN LINE WHITE, EPOXY MULTI-COMPONENT692582.5034-INCH SOLID LINE YELLOW, EPOXY MULTI-COMPONENT702582.5034-INCH DOUBLE LINE YELLOW, EPOXY MULTI-COMPONENT712582.50324-INCH SOLID LINE YELLOW, EPOXY MULTI-COMPONENT72732582.518CROSSWALK WHITE, EPOXY MULTI-COMPONENT Council Packet Page Number 55 of 111 G3, Attachment 1 865.20 880.65 8,755.00 2,940.65 8,100.00 1,724.00 2,100.00 4,000.00 1,339.00 3,399.00 3,244.50 49,826.25 $- $- $- $- $ $151,176.35 $ 2 $3,090.00 2 $2,472.00 9 $16,686.00 7 $41,818.00 11 $2 $2 $1 $8 $2 $7 $3 $ 16 $7,498.40 19 $2,850.00 20 $15,450.00 18 $1,483.20 39 $3,012.75 69 $5,685.60 54 $18 $17,820.00 33 $16 $16,068.00 27 $27,114.75 253 $2,605.90 DateTo Date ExtendedDateTo Date Extended Quantity to Quantity to PeriodPeriod Quantity This Quantity This 880.65669.50741.60 8,755.002,940.657,200.001,724.001,050.002,500.002,884.001,081.50 15,840.0011,046.7527,114.75 42,127.00 145,541.33 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 500.00 8,755.00 Unit PriceContract ExtendedUnit PriceContract Extended $ 7,498.40$ 1,650.00$ 2,605.90$ 1,103.13$ 3,090.00$ 1,236.00$ 14,677.50$ 988.80$ 5,253.00$ 3,543.20$ 824.00$ 978.50$ 1,287.50$ 16,686.00$ 41,818.00$ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,545.00 1,236.00 1,854.00 5,974.001 1 2,940.652 862.001 1,050.001 880.65 5 1 669.506 123.601 1,081.50 468.65 150.00 772.50 82.40 77.25 82.40 82.40 97.85 128.75 150.00 990.0028 103.0011 1,004.2527 1,004.25 4816 Contract Contract QuantityQuantity 10.30 7.21 LF253 L F153L F12L F68L F43L F10L F10L F10 C Y UnitUnit EACH19EACHEACHEACHEACH EACH16EACH11EACH2EACH1EACH9EACH7EACHEACHEACHEACHEACHEACHEACHEACHEACH STORM SEWER IMPROVEMENTS SUBTOTAL: SANITARY SEWER IMPROVEMENTS SUBTOTAL: Item DescriptionItem Description 742104.502REMOVE & DISPOSE OF DRAINAGE STRUCTURE, ANY SIZE OR TYPE752104.502SALVAGE STORM SEWER CASTING762104.503REMOVE & DISPOSE OF STORM SEWER PIPE, ANY SIZE OR TYPE772451.603PIPE BEDDING MATERIAL FOR STORM SEWER, MAPLEWOOD STANDARD PLATES 340 & 341782501.50215-INCH RC PIPE APRON, NO TRASH GUARD792503.502CONNECT TO EXISTING STORM SEWER STRUCTURE802503.502CONNECT TO EXISTING STORM SEWER PIPE812503.50312-INCH CORRUGATED SMOOTH WALL HDPE PIPE SEWER822503.50312-INCH RC PIPE SEWER CLASS IV832503.50315-INCH RC PIPE SEWER CLASS IV842503.50318-INCH RC PIPE SEWER CLASS IV852503.50321-INCH RC PIPE SEWER CLASS IV862503.50327-INCH RC PIPE SEWER CLASS IV872506.502CONSTRUCT DRAINAGE STRUCTURE, DESIGN 2' x 3' BOX882506.502CONSTRUCT DRAINAGE STRUCTURE, DESIGN 48-INCH CB/MH892506.502CONSTRUCT DRAINAGE STRUCTURE, DESIGN 72-INCH CB/MH902506.502CONSTRUCT DRAINAGE STRUCTURE, DESIGN 24-INCH NYLOPLAST912506.502ADJUST EXISTING STORM SEWER CASTING (ALL TYPES)922506.502FURNISH & INSTALL R-1678-A FRAME & SOLID LID FOR STORM SEWER932506.502FURNISH & INSTALL R-3067-V FRAME & V GRATE FOR STORM SEWER942506.502FURNISH & INSTALL R-3250-1 FRAME & K GRATE FOR STORM SEWER952506.502FURNISH & INSTALL NYLOPLAST GRATE, CGS2499, 24-INCH962506.602REHABILITATE EXISTING STORM SEWER ADJUSTMENT RINGS W/FLEX SEAL UTILITY SEALANT, MAPLEWOOD STANDARD PLATE 350972506.602REHABILITATE EXISTING STORM SEWER INVERT(S)/DOGHOUSE(S) 982511.507RANDOM RIPRAP CLASS III992104.502SALVAGE SANITARY SEWER CASTING 1002506.502ADJUST EXISTING SANITARY SEWER CASTING (ALL TYPES)1012506.502FURNISH & INSTALL R-1678-A FRAME & R-1422-0015 LID FOR SANITARY SEWER 1022506.502FURNISH & INSTALL R-1678-A FRAME (LOW PROFILE) & R-1422-0015 LID FOR SANITARY SEWER Item No.Specification No.Item No.Specification No. STORM SEWER IMPROVEMENTSSANITARY SEWER IMPROVEMENTS Council Packet Page Number 56 of 111 G3, Attachment 1 2,370,845.492,370,845.49 $ $ - $ - $ - $ - $ - $ - $ $ 49,625.40 $ - 3 $ 5,562.00 1 $ 154.50 9 $ 3,568.95 3 $ 4,635.00 3 $ 19,158.00 1 $ 4,635.00 18 $ 278.10 12 $ 8,034.00 30 $ 3,090.00 45 $ 509.85 DateTo Date ExtendedDateTo Date Extended Total: Quantity to Quantity to PeriodPeriod Quantity This Quantity This 154.50509.85130.81618.00824.00515.00 6,025.504,758.601,545.004,635.003,090.002,781.00 19,158.0036,621.00 45,893.7141,359.00 2,347,738.432,389,097.43 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 001 558 ... 903.094.12 48.24 5611.33340.6951.50 16396.55103.001 Unit PriceContract ExtendedUnit PriceContract Extended Contract Total: $ 5,562.00$ 324.45$ $ $ $ $ $ $ $ $ $ $ $ $ $ Base Bid Total: 1 9 1311 000 0 123045 000 1 9 9 1501 Contract Contract QuantityQuantity BID ALTERNATE 1 SUBTOTAL: 1,854.00 1,545.00 6,386.00 4,635.00 15.45 H C L F21L FS FS FS YS Y AL BL B UnitUnit EACH3EEACHEACHEACHEACHEACHEACH WATERMAIN IMPROVEMENTS SUBTOTAL: Item DescriptionItem Description LOAM TOPSOIL BORROW, 4-INCH 2574.504 1A2104.518REMOVE EXISTING RETAINING WALL2A2413.618ENGINEERED MODULAR BLOCK RETAINING WALL (BID ALT 1, GERVAIS AVENUE)3A4A2575.504EROSION CONTROL BLANKET FUTERRA F4, BY RAMY TURF PRODUCTS OR APPROVED EQUAL5A2575.508TURF ESTABLISHMENT, RESIDENTIAL LAWNS, STREET SIDE BOULEVARD SALT TOLERANT SEED BY RAMY TURF, 300 LB/ACRE 1032104.502REMOVE HYDRANT1042104.503REMOVE WATER MAIN, ANY SIZE OR TYPE1052504.602ADJUST CURB BOX1062504.602REPAIR VALVE BOX1072504.602ADJUST VALVE BOX1082504.602REPLACE VALVE BOX1092504.602HYDRANT, MAPLEWOOD STANDARD1102504.602WATER UTILITY HOLE1112504.6036-INCH WATER MAIN DUCTILE IRON CL 53 1122504.608DUCTILE AND GREY IRON FITTINGS1132506.602CASTING ASSEMBLY SPECIAL (SPRWS STANDARD PLATE D14) Item No.Specification No.Item No.Specification No. WATERMAIN IMPROVEMENTSBID ALTERNATE 1 (AWARDED)GERVAIS RETAINING WALL Council Packet Page Number 57 of 111 G3, Attachment 2 RESOLUTION DIRECTING FINAL PAYMENT AND ACCEPTANCE OF WOODLYNN-SOUTHLAWN AREA STREET IMPROVEMENTS, CITY PROJECT 22-17 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 22-17 is complete and maintenance of the improvements are accepted by the City. The final construction cost is $2,370,845.49. Final payment to T.A. Schifsky & Sons and the release of any retainage or escrow is hereby authorized. th Adopted by the Maplewood City Council on this 24 day of June 2024. Council Packet Page Number 58 of 111 G4 CITY COUNCILSTAFF REPORT Meeting Date June 24, 2024 REPORT TO:MichaelSable, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Erskine Wood Floors, 2728 Geranium Avenue East Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit review for Erskine Wood Floors, located at 2728 Geranium Avenue East, is due for review. Recommended Action: Motion to approve the CUP review for Erskine Wood Floors, located at 2728 Geranium Avenue East, and review again only if a problem arises or a significant change is proposed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City ordinance requires conditional use permits to be reviewed by the council within one year of the date of initial approval unless such review is waived by council decision. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: Timeline/Previous Actions January 26, 2015: The city council approved a CUP for indoor storage to store collector automobiles within the building. January 10, 2022: The city council approved a CUP amendment to allow Erskine Wood Floors to store items indoors and outdoors on the property. Council Packet Page Number 59 of 111 G4 February 27, 2023: The city council reviewed and renewed the CUP for one year. At the time, the owner had removed the trash enclosure and had two dumpsters in the parking lot that needed to be screened in an enclosure or removed. Conclusion: Staff worked with the owner to resolve the trash dumpster issue. The property is in good standing with the city and the conditions of approval. Staff recommends approving the CUP review and reviewing it again only if a problem arises or a significant change is proposed. Reference Information Site Description Site Size: 1.75 acres Surrounding Land Uses North: Geranium Avenue and Landscaping Business South: Holiday Gas Station East: Century Avenue/City of Oakdale West: Residential Dwellings and Office Building Planning Existing Land Use: Mixed-Use, Neighborhood Existing Zoning: Business Commercial Attachments: 1.Overview Map 2.City Council Meeting Minutes Council Packet Page Number 60 of 111 G, Attachment 1 Council Packet Page Number 61 of 111 G, Attachment 2 Council Packet Page Number 62 of 111 G, Attachment 2 Council Packet Page Number 63 of 111 G, Attachment 2 Council Packet Page Number 64 of 111 G5 CITY COUNCILSTAFF REPORT Meeting Date June 24, 2024 REPORT TO:MichaelSable, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Advanced Vehicle Solutions, 47 Century Avenue North Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit review for Advanced Vehicle Solutions, Inc. (Heppner’s Auto Body & Glass), located at 47 Century Avenue North, is due for review. Recommended Action: Motion to approve the CUP review for Advanced Vehicle Solutions, located at 47 Century Avenue North, and review again only if a problem arises or a significant change is proposed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City ordinance requires conditional use permits to be reviewed by the council within one year of the date of initial approval unless such review is waived by council decision. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: Timeline/Previous Actions November 14, 2022: The city council reviewed the proposal and approved a conditional use permit and a setback variance for an auto maintenance garage on the property. Heppner’s Auto Body & Glass formally purchased the property in early 2023 and now operates on the site. They perform mechanical repairs, calibrations, and diagnostics on vehicles that have undergone auto body repairs at their other business locations. Council Packet Page Number 65 of 111 G5 In 1979, the city approved plans to construct the existing building, which was used as an auto parts store and auto maintenance garage. The site predated the current code and did not have a conditional use permit in place. It had been vacant for several years before Heppner’s Auto Body & Glass purchased it. They obtained the CUP and setback variance, and the site now complies with the zoning code requirements for an auto maintenance garage. Conclusion: There are no concerns about the site. All permits associated with the interior renovations and site improvements have been finalized through our building division. The property is in good standing with the city and the conditions of approval. Staff recommends approving the CUP review and reviewing it again only if a problem arises or a significant change is proposed. Reference Information Site Description Site Size: 0.96 acres Surrounding Land Uses North: Century Ridge Apartments South: Vacant Building/Masala Restaurant East: Century Avenue/City of Woodbury West: Residential Dwellings/Mayhill Road Planning Existing Land Use: Mixed-Use Community Existing Zoning: Business Commercial Attachments: 1.Overview Map 2.City Council Meeting Minutes Council Packet Page Number 66 of 111 G, Attachment 1 Council Packet Page Number 67 of 111 G, Attachment 2 Council Packet Page Number 68 of 111 G, Attachment 2 Council Packet Page Number 69 of 111 G, Attachment 2 Council Packet Page Number 70 of 111 G, Attachment 2 Council Packet Page Number 71 of 111 G6 CITY COUNCILSTAFF REPORT Meeting Date June 24, 2024 REPORT TO:MichaelSable, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Commercial Vehicle Storage, 2510 Carver Avenue East Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit review for commercial vehicle storage at 2510 Carver Avenue East is due for review. Recommended Action: Motion to approve the CUP review for commercial vehicle storage, located at 2510 Carver Avenue East, and review again only if a problem arises or a significant change is proposed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City ordinance requires conditional use permits to be reviewed by the council within one year of the date of initial approval unless such review is waived by council decision. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: Timeline/Previous Actions September 14, 2020: The city council approved a home occupation license for a home-based concrete business and a conditional use permit to store commercial vehicles related to the business on the property. December 12, 2022: The city council reviewed and renewed the CUP for one year. Council Packet Page Number 72 of 111 G6 Conclusion: The property owner operates a small concrete business from their home and stores commercial vehicles related to the company on their property. With a conditional use permit, the storage of commercial vehicles and equipment is permitted in the property’s residential zoning district. All activities associated with the concrete business are conducted off-site. Since the CUP was approved, the applicant worked with city engineering and environmental staff to obtain required grading permits and re-established native seed plantings near the creek bed. Currently, the property is in good standing with the city and the conditions of approval. Staff recommends approving the CUP and reviewing it again only if a problem arises or a significant change is proposed. Reference Information Site Description Site Size: 5.02 acres Surrounding Land Uses North: Carver Avenue/Rural Single-Dwelling Residential South: Ramsey County Open Space/Fish Creek East: Rural Single-Dwelling Residential West: Sterling Street/Interstate 494 Planning Existing Land Use: Rural Low-Density Residential Existing Zoning: R1R – Rural Single-Dwelling Residential Attachments: 1.Overview Map 2.City Council Meeting Minutes Council Packet Page Number 73 of 111 G6, Attachment 1 Tvckfdu!Qbsdfm! Council Packet Page Number 74 of 111 G6, Attachment 2 5.Home-Based Cement Business with Storage of Commercial Vehicles, 2510 Carver Avenue a.Home Occupation License Resolution b.Conditional Use Permit Resolution Community Development Director Thomson gave the presentation. City Manager Coleman addressed questions about other concerns in the neighborhood. Councilmember Neblett moved to approve the resolution for a home occupation license for a home-based concrete business at 2510 Carver Avenue. Resolution 20-09-1856 HOME OCCUPATION LICENSE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.03 Francisco and Naomi Zamora are proposing a home-based cement business with the storage of commercial vehicles. 1.04 The property is located at 2510 Carver Avenue and is legally described as: Section 24, Township 28, Range 22, W 535 feet of N 580 feet of SW ¼ of NE to RDS and HWY. Property Identification Number 24-28-22-13-0001 Section 2. Requirements. Council Packet Page Number 75 of 111 G6, Attachment 2 2.01 Section 14-56 outlines the licensing requirements for home occupations on residential property. Section 3. City Review Process 3.01 The City conducted the following review when considering this conditional use permit request. 1.On August 18, 2020, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council adopt this resolution. 2.On September 14, 2020, the City Council discussed this resolution. They considered reports and recommendations from the Planning Commission and city staff. Section 4. City Council Action. 4.01 The City Council hereby approves the resolution. Approval is based on the findings outlined in Section 2 of this resolution. Approval is subject to the applicant doing the following: 1.The home occupation business is limited to Monday through Friday. 2.No exterior storage is allowed as part of the home occupation license. 3.Two commercial vehicles and their trailers and bobcats are allowed to be stored on a hard surface out of sight of the public right-of-way. 4.Three employee vehicles can be parked on the property on a hard surface during business hours. 5.The home occupation must meet all requirements in the Engineering Report dated August 7, 2020, which includes obtaining a driveway and stormwater permit for the additional hard surface and grading completed on the property. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. Councilmember Juenemann moved to approve the resolution for a conditional use permit to allow the storage of commercial vehicles at 2510 Carver Avenue with specific attention paid to the conditions. Resolution 20-09-1857 CONDITIONAL USE PERMIT RESOLUTION Council Packet Page Number 76 of 111 G6, Attachment 2 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.05 Francisco and Naomi Zamora are proposing to store commercial vehicles on their residential property. 1.06 The property is located at 2510 Carver Avenue and is legally described as: Section 24, Township 28, Range 22, W 535 feet of N 580 feet of SW ¼ of NE to RDS and HWY. Property Identification Number 24-28-22-13-0001 Section 2. Standards. 2.01 Section 44-6 defines a heavy commercial vehicle as one with more than one-ton nominal rated carrying capacity including trucks, trailers, and earth moving equipment such as a bobcat. 2.02 Section 44-108(2)(a) and 44-102(1) allows the storage or parking of heavy commercial vehicles on a residential property with a conditional use permit as long as it meets the following standards: 1.The owner or operator of the vehicle or commercial equipment must reside on the property. 2.The vehicle or commercial equipment shall be parked in an enclosed structure or on a hard-surface driveway that meets the applicable zoning district requirements. 3.Noise from idling the engine shall not exceed the L50 standards provided for in state statutes. The owner or operator shall not let the vehicle's engine idle for more than 30 minutes in any one-hour period. In no circumstance may the owner or operator run or let the engine idle for more than two periods, lasting 30 minutes each, in one 24- hour period. Section 3. Findings. 3.02 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On August 18, 2020, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent Council Packet Page Number 77 of 111 G6, Attachment 2 notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council adopt this resolution. 2.On September 14, 2020, the City Council discussed this resolution. They considered reports and recommendations from the Planning Commission and city staff. Section 5. City Council 5.01 The City Council hereby approved the resolution. Approval is based on the findings outlined in section 2 of this resolution. Approval is subject to the following conditions: 1.Commercial vehicle storage on the property is limited to two heavy commercial trucks and their trailers and bobcats that are associated with the small-scale cement business home occupation license. 2.Commercial vehicles must be stored on a hard surface out of sight of the public right-of-way. Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. Council Packet Page Number 78 of 111 G7 CITY COUNCIL STAFF REPORT Meeting Date June 24, 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: ResolutionAppointing Election Judges and Establishing a Ballot Board for the 2024 Primary Election Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Minn. Stat. 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality. Likewise, Minn. Stat. 203B.121 requires a ballot board be established to accept and reject absentee ballots. Appointments will be made from the resolution list to fill the needed positions after training and required paperwork have been completed. Recommended Action: Motion to approve the resolution listing election judges and establishing a ballot board for the 2024 Primary Election to be held on August 13, 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: Expenses reimbursed by the State Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Election judges serve to administer election duties as required by State Statute. Background: The appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required. Attachments: 1. Resolution Appointing Election Judges and Establishing a Ballot Board, 2024 Primary Election Council Packet Page Number 79 of 111 G7, Attachment 1 Resolution 2024 PRIMARY ELECTION APPOINTING ELECTION JUDGES AND ESTABLISHING A BALLOT BOARD WHEREAS, Minn. Stat. 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and WHEREAS, it is required by Minn. Stat. 203B.121, Subd. 1 to establish a Ballot Board; and WHEREAS, approval of the resolution does not qualify individuals to serve as an election judge; and WHEREAS, appointments will be made from the list to fill the needed positions after training and required paperwork have been completed; and WHEREAS, appointment of additional election judges within the 25 days before the election may be made if the appointing authority determines that additional election judges will be required; and NOW, THEREFORE, IT BE RESOLVED, by the City Council of Maplewood, Minnesota, a Ballot Board is hereby established that would consist of a sufficient number of election judges as provided in Minn. Stat. 204B.19 to 204B.22 to perform the task; and FURTHER, BE IT RESOLVED, that the City Clerk or designee assign Election Judges to serve in the 2024 Primary Election to be held on Tuesday, August 13, 2024 from the following list. Catherine Dobihal Mark Acosta Michelle Buettner Michelle Doherty Tim Albertson Joan Bullivant Gloria Dunshee Janice Allen Thomas Campbell John Eads Karen Anderson Lyla Campbell Brian Eager Warren Anderson Andrea Campbell Luann Eager Jill ArnoldKevin Campbell Kim Ebeling Rob BaasAnne Cardents Delight Erickson Paul Babin Robert Cardinal Gail Fellman Rosanne BaneThomas Carey Margaret Fett Jodi BaronAllen Carlson Bryan Fischer Wilma Battle Linda Carpenter Richard Fosse Margaret Beauvais Larry Carson Judith Franey David Bedor Cecelia Cathcart Janine Frans Regan Beggs Mary Catherine Nick Franzen Gail Biagini Denise Chamblee Dean Fritsche Joyce Biagini Mary Cincotta Gordy Fritsche Margaret Bloemendal Karl Clothier Rachel Geiser Eric Blomgren Cheryl (Sheri) Commers Diane Golaski Jonathan BoydeJulia Cross Marilyn Grant Richard Brandon Michelle Curtis Alvin Grendzinski Ginny Brandon Frederick Dahm Diane Guenther Paulette Briese Beverly Davis Daniel Gunard Tom Brockway Jason Demoe Nancy Hafner Margaret Brudzinski Darrell Dippon Karen Hansen Jill Bruhn Albin Dittli Council Packet Page Number 80 of 111 G7, Attachment 1 Lisa Hansford Mark LarsonCheryl Pasquarella Mark Harris Shelly LarsonGina Pearson Lisa HeilleDeborah Lee Faith Perrizo Jean HeiningerDustin Lehrke Marilyn Perry Mollie HelmeidLouis Lentsch Van Pham Catherine Hennelly Bob Leo David Plathe William Hensley Mary Ann Leo Nina Potter Gregory Herber Claudette Leonard Thomas Proepper Gina Hermann Ken LewisShelly Putz Harland HessSteve Putz Joyce Libra Elaine Hill Sonja Quanbeck Nancy Lindsey Gary Hinnenkamp Jimmy LippsMichael Raymond Pamela Hodges Oscar Lopez Letona Timothy Reddy Debra Hoffmann Linda LorMary Ann Renner Jeanette Hulet Stephen LovelessRobin Reno Daniel Huneke Lydia Lucas Judy Reyer Patricia Huth Donna Richards Cindy Lundgren Raymond Huth Ruth Richards Virginia Lynch Kathryn Jackson Vincent Rodriguez Jeri Mahr Christine Jacobson Peter Rogers Daniel Martin Anita Jader Chris Rolli Steve Martinson David Jahn Teresa Rossbach Linda Maxam Kathleen JensenMonica Roth Day Paula Mcallister Howard JohnstonCynthia Rowley Bonnie Mccabe Gwendolyn JonesDavid Rydeen David Mccabe Sharon Karalus Kathy Sabota Janet Mccanna William KempeDeborah Samac Patrick Mcdonough Suzanne Kienietz Patricia Sample Curtis Merkle Judy Kipka Thomas Schaefer Dorcas Michaelson Kevin KittridgeMaryann Schaefer Mervin Miller William Schmidt Peggy KleiterPhyllis Moen Duane Schmitz Stephanie Kloeber Dallas Moen Kurt Schnapp Jason Knutson Vyas Mohan Jen Schorr Lois Knutson Eugene Morisset Brigid Schreier Carol Koskinen Jessica Moss Margaret Schreier Robert Kraemer Karla Nelson Ray Schulte John Krebsbach Monica Nelson-Thiele Patricia Selby Sarah Kroening Caroline Nentwig Jill Shortreed Robert Kronschnobel Miranda Nichols Vicki Simms Jackie Kwapick Ann Norberg Delaney Skaar Tom Labarre Patti Nord Louis Lacasse Susan Skaar James Nordby Patricia Landers Tyler Slind D. William (Bill) O'brien Courtney Larsen Keith Olson Margaret Smith Steven Larson Susan Parnell Florence Sprague Rose Larson John Parnell Tim Stafki Council Packet Page Number 81 of 111 G7, Attachment 1 Micki TschidaPatricia Williamson Judith Steenberg Jeannine Unklesbay Paula Willie James Stemper Sharon Willson Carolyn Urbanski (Mary) Linnea Strandness Joan Wurdeman Ronald Virnala Penny Streifel Mee Yang Xiong Melissa Walker Dianne Stroth Dahm Blong Yang Rosie Wall Mary Sturm Diana Yefanova Alison Walsh Diane Suchy Cindy Yorkovich Jeanette Walsh Beth Supinski Matt Young Tim Walstrom Sheli Telschow Frank Zacher Mary Wendt Lynn Thoele Theresa Westcott Paul Zollinger Christine Tkachuck- John Wheeler MartinsonKaren Zummallen Lynn Wiggert Arliene Tourville Council Packet Page Number 82 of 111 I1 CITY COUNCIL STAFF REPORT Meeting Date June 24, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Ron Batty, City Attorney PRESENTER:Ron Batty, City Attorney AGENDA ITEM: Resolution Affirming Denial of Rental License Application for Property Located at 1895 County Road C Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: On June 10, 2024, the City Council held a hearing pursuant to City Code section 12-615(e) regarding an appeal of the decision by the City Manager to deny a rental housing license for the property at 1895 County Road C. The City Manager’s letter was dated May 22, 2024 and listed three violations of City Code as the basis for the denial. Arturo Eguia, representing the owner and licensee, appeared at the hearing and offered testimony. Following the hearing, the City Council discussed the matter and directed staff to prepare a resolution affirming the license denial for consideration at its June 24, 2024 meeting. Recommended Action: Motion to Approve a Resolution Affirming the Denial of a Rental License Application for the Property at 1895 County Road C. 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 InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Background: Minnesota Sober Living, LLC submitted a rental housing license application for the property at 1895 County Road C on April 30, 2024. Following a review of the application and inspection of the property by city staff, the City Manager issued a letter dated May 22, 2024 denying the application, citing Council Packet Page Number 83 of 111 I1 violation of three provisions in City Code section 12-615(a). The applicant appealed the City Manager’s denial and on June 10, 2024 the City Council conducted a hearing on the appeal. Arturo Eguia, representing the applicant, appeared at the hearing and offered testimony himself and through a witness. Following the hearing and discussion, the City Council directed city staff to draft a resolution consistent with the June 10, 2024 staff report affirming the City Manager’s denial of the license. The attached resolution affirms the City Manager’s decision to deny the rental license for 1895 County Road C. The resolution cites the three reasons included in the City Manager’s letter of May 22, 2024: 1.Applicant had a rental license to operate another rental dwelling in another jurisdiction denied, revoked or suspended within the past year. 2.Applicant did not disclose the denial within the past year on the application and therefore made fraudulent statements, misrepresentations, or false statements in the application. 3.Based on the Property inspection, the Property does not conform to health, building, maintenance, or other provisions of City Code or state law. City Code section 12-604 requires an applicant to provide copies of tenant applications and lease agreements to the City upon request. The City Manager’s May 22, 2024 letter made a request that the applicant bring such material to the hearing. The applicant failed to do so and has not provided that material to date. This failure is a violation of City code section 12-615(a)(15) and is an additional basis for denial of the license cited in the resolution. Attachments: 1.Resolution Affirming the Denial of a Rental License Application for the Property Located at 1895 County Road C Council Packet Page Number 84 of 111 I1, Attachment 1 CITY OF MAPLEWOOD OLUTION NO.__________ RES A RESOLUTION AFFIRMING THE DENIAL OF A RENTAL LICENSE APPLICATION FOR THE PROPERTY LOCATED AT 1895 COUNTY ROAD C WHEREAS, the applicant, Minnesota Sober Housing, a limited liability company formed under the laws of the state of Minnesota (the “Applicant”), submitted a rental license application to the city of Maplewood (the “City”) dated April 30, 2024, (the “Application”)for the property located at 1895 County Road C East, Maplewood, Minnesota (the “Property”); and WHEREAS, on May 9, 2024, the City completed an inspection of the rental Property; and WHEREAS, on May 22, 2024, the City Manager issued a letter denying the application (the “Denial Letter”) due to the following three factors: 1)Applicant had a rental license to operate another rental dwelling in another jurisdiction denied, revoked or suspended within the past year; 2)Applicant did not disclose the denial within the past year on the application and therefore made fraudulent statements, misrepresentations, or false statements in the application; and 3)Based on the inspection, the Property does not conform to health, building, maintenance, or other provisions of City Code or state law. The Denial Letter, as well as the additional information in the City Council Staff Report: Hearing – Appeal of Rental Housing License Denial, 1895 County Road C East included in the June 10, 2024 regular city council meeting packet, constitutes a portion of the record before the City Council and is incorporated as part of this resolution as if fully set forth herein; and EREAS, the Denial Letter requested that, if the Applicant appealed the denial, the WH Applicant provide the documentation required in City Code, section 12-604 – Written tenant application and lease agreement required. These documents include a written lease agreement, Minnesota Crime Free Housing Lease Addendum, and written tenant application form. Failure to provide these documents upon request is a violation of the City Code; and WHEREAS, after receiving a request for an appeal, the City Council, at its regularly scheduled meeting on June 10, 2024, held a hearing subject to City Code, section 12-615 (e); and WHEREAS, at the hearing, the Applicant was provided with an opportunity to speak on the application, the Denial Letter, and to present evidence related to the application; and WHEREAS, Arturo Eguia appeared at the hearing as the representative of the Applicant and presented evidence and a witness who testified; and 1 MA745-1-958776.v3 Council Packet Page Number 85 of 111 I1, Attachment 1 WHEREAS, the Applicant took responsibility for filling out the application formandfor not disclosing the denial from the City of South Saint Paul due to pending federal litigation with the City of South Saint Paul and stated that the issues with the condition of the Property would be fixed once a report was provided by the City; and WHEREAS, the Applicant has still not provided the requested documentationrequired under City Code, section 12-604; and WHEREAS, City Code, sections 12-615 (e) and (g) require that the determination of the City Council be based on the preponderance of the evidence. NOW, THEREFORE, BE IT RESOLVED based on the information provided by the Applicant, and the evidence presented at the hearing before the City Council on June 30, 2024, the City Council hereby upholds the denial of the rental license application based upon the following findings of facts: 1.Applicant had a rental license to operate another rental dwelling in another jurisdiction denied, revoked or suspended within the past year – The owner of the Applicant had an ownership interest a property in South Saint Paul which has its rental license revoked and renewal denied on June 5, 2023 which was within one year of the April 30, 2024 application date for the Maplewood rental license. At the hearing, Mr. Eguia stated he had not disclosed the denial because of pending litigation regarding the denial. 2.Applicant did not disclose the denial within the past year on the application and therefore made fraudulent statements, misrepresentations, or false statements in the application – As part of the rental license application, the Applicant did not disclose the South Saint Paul denial that had occurred within the past year. At the hearing, Mr. Eguia stated that he had not disclosed the denial because of pending litigation regarding the denial. 3.Based on the Property inspection, the Property does not conform to health, building, maintenance, or other provisions of City Code or state law – The inspection on May 9, 2024 reflects that the Property has numerous violations of the city code. Based ona Truth-in-Sale of Housing Report from August 2022, some of the violations have been present since at least August 2022. The Truth-In-Sale of Housing Report was provided to Mr. Eguia by the City in December 2022 as part of a letter in response to an incomplete application for a reasonable accommodation for the Property. 4.Applicant did not provide the written tenant application and lease agreement pursuant to City Code, section 12-604, as requested in the Denial Letter. Failure to provide these documents is also grounds for denial. 5.City Council members also noted the length of time the Property was operating without a rental license (based on statements made by Mr. Eguia at the hearing, from December 2 MA745-1-958776.v3 Council Packet Page Number 86 of 111 I1, Attachment 1 2022-April 2024) and the condition of the Property as additional reasons supporting the affirmation of the denial in accordance with City Code, section 12-615 (a)(16). NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the denial of the Application is hereby affirmed. Said denial may be considered by the City when reviewing any subsequent rental license application. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that all recitals set forth in this Resolution are incorporated into and made part of this Resolution, and more specifically, constitute the express findings of the City Council. The Community Development Director shall provide written notice of this decision to the Applicant and tenants residing at the Property in accordance with City Code, section 12-615 (h). NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Maplewood hereby directs city staff to enforce all state and local laws as it relates to the Property, including, but certainly not limited to, any unlawful use of the Property as a rental dwelling without proper licensure. th Adopted by the City Council of the City of Maplewood this 24 day of June, 2024. CITY OF MAPLEWOOD, MINNESOTA Marylee Abrams, Mayor Attest: Andrea Sindt, City Clerk 3 MA745-1-958776.v3 Council Packet Page Number 87 of 111 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 88 of 111 J1 CITY COUNCILSTAFF REPORT Meeting Date June 24, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director Conditional Use Permit Resolution, Sejong Academy, 2410 Stillwater Road AGENDA ITEM: East Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Sejong Academy, a pre-K through 12 charter school, proposes moving its campus in Saint Paul to Gethsemane Church, 2410 Stillwater Road. To proceed with this request, the applicant requests City Council approval of a conditional use permit. Recommended Action: Motion to approve a resolution for a conditional use permit for Sejong Academy to operate a school located at 2410 Stillwater Road East. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The city deemed the applicant’s application complete on May 20, 2024. The initial 60-day review deadline for a decision is July 19, 2024. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Background: Sejong Academy, a pre-K through 12 charter school, proposes moving its campus in Saint Paul to Gethsemane Church, 2410 Stillwater Road. Gethsemane Church’s school has been closed for over a year and was in operation before the conditional use permit requirement. When it starts operation in the fall, Sejong Academy will have approximately 250 students and will be located within the church’s 13 classrooms. Council Packet Page Number 89 of 111 J1 Conditional Use Permit City ordinance permits schools in any zoning district within the city with an approved conditional use permit. The applicant would occupy space within the Gethsemane Church space that used to be used as a school. No exterior or interior building projects are being proposed as part of this request. The proposed school will largely use the building Monday through Friday from 7 a.m. to 6 p.m., which does not significantly overlap with any current church functions. Enrollment for the upcoming school year is estimated to be 250 students. Bus transportation is provided for students, and the applicant states it intends to direct traffic during drop-off and pick-up times. Staff is recommending that a traffic plan be submitted to staff to ensure safe and orderly access to the site from the adjacent public streets and within the parking lot areas. Students will utilize the two existing playgrounds located to the northeast of the building. The city’s building official, health official, and fire marshal have all reviewed the request for the school to utilize the space within the church building, and there are no concerns. It is noted that the school will have to apply for an annual food license and go through a plan review. Overall, staff has no concerns regarding this school's operation on this site. Commission Review June 18, 2024: The planning commission held a public hearing, reviewed this project and recommended approval. Citizen Comments Staff sent public hearing notices to the 64 surrounding property owners within 500 feet of the subject site and invited owners to provide their opinions about this proposal. Staff has yet to receive any responses. Reference Information Site Description Campus Size: 8.55 acres Existing Land Use: Place of worship Surrounding Land Uses North: Stillwater Road and single-family homes East: Bartelmy Lane and single-family homes South: Church-owned land and park operated by City of Maplewood West: Stillwater Road and multi-family buildings Planning Existing Land Use: Institutional Existing Zoning: Farm Residential Attachments: 1. Conditional Use Permit Resolution 2. Overview Map Council Packet Page Number 90 of 111 J1 3.2040 Future Land Use Map 4. Zoning Map 5. Applicant’s Narrative 6. Floor Plan 7. Site Plan 8. Draft Planning Commission Minutes, June 18, 2024 9. Presentation Slides Council Packet Page Number 91 of 111 J1, Attachment 1 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Sejong Academy and Gethsemane Church have requested a conditional use permit to allow a school to operate on-site. 1.02 The property is located at 2410 Stillwater Road East, and is legally described as: Tract A, Registered Land Survey No. 582; Tract B, Registered Land Survey No. 582, except the South 319.45 feet of the East 274.50 feet. Subject to Reservation for the State of Minnesota of all mineral and mineral rights. Subject to a temporary easement for highway purposes on part of above property. Subject, however, to an easement covering the Southerly 33 feet of the above described premises for roadway purposes, to be hereafter dedicated for a public highway and to be designated as East Seventh Street. The PID for the property is 25-29-22-31-0036. Section 2. Standards. 2.01 City Ordinance Section 44-1092(3) requires a Conditional Use Permit for an institution of any educational, philanthropic or charitable nature. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. Council Packet Page Number 92 of 111 J1, Attachment 1 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On June 18, 2024, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On June 24, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. The City Council shall review this permit in one year. 2. The owner/operator of the school shall acquire all necessary approvals and licenses from the state of Minnesota to operate the school facility. 3. The school facility shall be maintained and operated in a manner that does not create nuisances for nearby properties. 4. If any future construction project on the subject property is proposed, a building permit must be submitted for review and approval by the Building Official. 5. Before the first day of school in 2024, the applicant shall submit a traffic plan to staff detailing how the access drives from public roads and the parking lots areas will be utilized to create safe and efficient spaces for pick-up and drop-off areas and school buses. Council Packet Page Number 93 of 111 J, Attachment 2 2410 Stillwater Road - Overview Map May 24, 2024 City of Maplewood Legend Subject Parcel 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 94 of 111 J, Attachment 3 2410 Stillwater Road - Future Land Use Map May 24, 2024 City of Maplewood Legend Low Density Residential Medium Density Residential High Density Residential Mixed Use - Neighborhood Public/Institutional Open Space Park 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 95 of 111 J, Attachment 4 2410 Stillwater Road - Zoning Map May 24, 2024 City of Maplewood Legend Single Dwelling (r1) Double Dwelling (r2) Multiple Dwelling (r3) Planned Unit Development (pud) Farm (f) Open Space/Park Business Commercial Modified (bcm) 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 96 of 111 J1, Attachment 5 Council Packet Page Number 97 of 111 J1, Attachment 5 Council Packet Page Number 98 of 111 J1, Attachment 5 Council Packet Page Number 99 of 111 J1, Attachment 5 Council Packet Page Number 100 of 111 J, Attachment 6 Council Packet Page Number 101 of 111 J, Attachment 7 Council Packet Page Number 102 of 111 J, Attachment 7 uif vtf up sjhiu rvbesjmbufsbm uif cmbdl uif sfubjot xjuijo Divsdi tubmmt uif qbsljoh bmm ipvst0ebzt- pg vtf tdippm pg fydmvtjwf pvutjef sfubjo uibu up mjlf xpvme voefstuboejoh uif Divsdi xjui gjfme- Mvuifsbo mpu/ uif up qbsljoh +Hfuitfnbofbekbdfoufoujsf Council Packet Page Number 103 of 111 J1, Attachment 8 DRAFT MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, June 18, 2024 City Hall, Council Chambers 1830 County Road B East E.PUBLIC HEARING 1. Conditional Use Permit Resolution, Sejong Academy, 2410 Stillwater Road East Michael Martin, AICP, Assistant Community Development Director, gave the presentation and answered questions from the Commission Chairperson Desai opened the public hearing. The following individuals addressed the commission regarding the project: Jay Smigielski, Attorney with Ferdinand F. Peters Esq. Law Firm Brad Tipka, Executive Director of Sejong Academy Chairperson Desai closed the public hearing. Commissioner Ige moved to approve a resolution for a conditional use permit for Sejong Academy to operate a school located at 2410 Stillwater Road East. CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Sejong Academy and Gethsemane Church have requested a conditional use permit to allow a school to operate on-site. 1.02 The property is located at 2410 Stillwater Road East, and is legally described as: Tract A, Registered Land Survey No. 582; Tract B, Registered Land Survey No. 582, except the South 319.45 feet of the East 274.50 feet. Subject to Reservation for the State of Minnesota of all mineral and mineral rights. Subject to a temporary easement for highway purposes on part of above property. Subject, however, to an easement covering the Southerly 33 feet of the above described premises for roadway purposes, to be hereafter dedicated for a public highway and to be designated as East Seventh Street. The PID for the property is 25-29-22-31-0036. Section 2. Standards. 2.01 City Ordinance Section 44-1092(3) requires a Conditional Use Permit for an institution of any educational, philanthropic or charitable nature. Council Packet Page Number 104 of 111 J1, Attachment 8 2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On June 18, 2024, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2.On June 24, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): Council Packet Page Number 105 of 111 J1, Attachment 8 1.The City Council shall review this permit in one year. 2.The owner/operator of the school shall acquire all necessary approvals and licenses from the state of Minnesota to operate the school facility. 3.The school facility shall be maintained and operated in a manner that does not create nuisances for nearby properties. 4.If any future construction project on the subject property is proposed, a building permit must be submitted for review and approval by the Building Official. 5.Before the first day of school in 2024, the applicant shall submit a traffic plan to staff detailing how the access drives from public roads and the parking lots areas will be utilized to create safe and efficient spaces for pick-up and drop-off areas and school buses. Seconded by Commissioner Arbuckle Ayes – All The motion passed. This item will go to the city council on June 24, 2024. Council Packet Page Number 106 of 111 J1, Attachment 9 , y m e d a c A g n Conditional Use Permit o j ¤ e The applicant proposesmoving its pre-K through 12charter school to GethsemaneChurchRequesting approval for: S 2410 Stillwater Road¤¤ Council Packet Page Number 107 of 111 J1, Attachment 9 , y m e d a c A g n o j e Site is guided Public/InstitutionalSite is zoned Farm ResidentialSchools are permitted in anyzoning district with a CUPPrevious school run by churchnever had a CUP, but has beenclosed for more than a year Ïlosing its non-conforming status S 2410 Stillwater Road¤¤¤¤ Council Packet Page Number 108 of 111 J1, Attachment 9 , y m e d a c A g n o j e No exterior or interior constructionprojects are being proposed; schoolwill use existing classroom spaceSchool will largely operate Mondaythrough Friday from 7 a.m. to 6 p.m.Enrollment for the upcoming schoolyear is estimated to be 250 studentsCityÔs building official, health official,and fire marshal have all reviewed Ïno concerns S 2410 Stillwater Road ¤¤¤¤ Council Packet Page Number 109 of 111 J1, Attachment 9 , y m e d a c A g n o Staff intends to direct traffic duringdrop-off and pick-up timesStaff recommends a traffic/safetyplan be submitted for review j ¤¤ e Bus transportation is provided forstudentsStudents will utilize two existingplaygrounds located to thenortheast of the building S 2410 Stillwater Road ¤¤ Council Packet Page Number 110 of 111 J1, Attachment 9 t n e m m o C blic hearing and reviewed this c i l b u 2410 Stillwater Road Ï P , y d m n a e d w a e c i v A e g R n f NospeakersCommission recommended approvalMotion to approve a resolution for a conditional use permit for SejongAcademy to operate a school located at 2410 Stillwater Road East. f o j ¤¤¤ a e t Staff sent a meeting notice to 64 propertiesNo comments receivedThe Planning Commission held a purequest on June 18, 2024Recommended Action SS¤¤¤¤ Council Packet Page Number 111 of 111