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HomeMy WebLinkAbout2024-07-08 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 8, 2024 City Hall, Council Chambers Meeting No. 13-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. June 24, 2024 City Council Workshop Meeting Minutes 2. June 24, 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. Conditional Use Permit Review, St. John’s Hospital, 1575 Beam Avenue 3. Conditional Use Permit Review, Cochran Recovery Services, 2000 White Bear Avenue 4. Conditional Use Permit Review, Kline Nissan, 3090 Maplewood Drive 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. Abatement Agreement Regarding Conditions Creating a Hazardous Property and Public Nuisance, 1145 Glendon St N J. NEW BUSINESS None K.AWARD OF BIDS 1. Resolution Receiving Bids and Awarding Construction Contract, 2024 EAB Mitigation Project, City Project 23-17 2. Resolution Receiving Bids and Awarding Construction Contract, 2024 Maplewood Stump Grinding Project, City Project 24-09 L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:15P.M. Monday, June24, 2024 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at6:15 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 CouncilmemberLeemoved toapprove the agenda as submitted. Seconded by CouncilmemberCave Ayes– All The motion passed. D.UNFINISHED BUSINESS 1.Community Events and Engagement, Continued Communications Manager Sheeran provided a recap of the June 10 presentation. Council discussed and provided direction to staff on various engagement topicsand ideas. No Action Required. E.NEW BUSINESS 1.Residential Trash and Recycling Contract Extension Environmental Planner Finwall gave the staff report and answered questions of council. No Action Required. D.ADJOURNMENT Mayor Abramsadjourned the meetingat7:07p.m. June24, 2024 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 95 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, June 24, 2024 City Hall, Council Chambers Meeting No. 12-24 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:13byMayor Abrams. Mayor Abrams commented on the quick pace of summer. Communications Manager th Sheeran provided information on the upcoming 4of July Celebration and thanked key sponsors: The Doghouse Bar and Grill, City County Credit Union, Premier Bank, and Bolton & Menk. B.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 CouncilmemberCavemoved to approve the agenda as submitted. Seconded by CouncilmemberLee Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.June 10, 2024 City Council Workshop Meeting Minutes CouncilmemberJuenemannmoved to approve the June 10, 2024 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberCaveAyes – All The motion passed. 2.June10, 2024 City Council Meeting Minutes June 24, 2024 City Council Meeting Minutes 1 Council Packet Page Number 2 of 95 E2 CouncilmemberVillavicenciomoved to approve the June 10, 2024 City Council Meeting Minutes 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 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. ed toapprove agenda items G1-G7. CouncilmemberLee mov Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 1.Approval of Claims CouncilmemberLeemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 114,126.63 Checks # 121197 thru # 121221 dated 06/11/24 $ 857,399.77 Checks # 121222 thru # 121279 dated 06/18/24 $ 425,956.20 Disbursements via debits to checking account June 24, 2024 City Council Meeting Minutes 2 Council Packet Page Number 3 of 95 E2 dated 06/03/24 thru 06/16/24 $ 1,397,482.60 Total Accounts Payable PAYROLL $ 719,960.56 Payroll Checks and Direct Deposits dated 06/07/24 $ 719,960.56 Total Payroll $ 2,117,443.16 GRAND TOTAL Seconded by Councilmember JuenemannAyes – All The motion passed. 2.Ramsey County Master Agreement for Maintenance of Traffic Control Signal Systems, City Project 23-14 CouncilmemberLeemoved to approve the Master Agreement, with Ramsey County, for the maintenance of traffic control signal systems, City Project 23-14 and directthe Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 3.Resolution Directing Final Payment and Acceptance of Project, Woodlynn- Southlawn Area Street Improvements, City Project 22-17 CouncilmemberLeemoved to approve theresolution directing Final Payment and Acceptance of Project for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17. Resolution 24-06-2326 RESOLUTIONDIRECTING FINAL PAYMENT AND ACCEPTANCEOF WOODLYNN-SOUTHLAWN AREA STREETIMPROVEMENTS, 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 June 24, 2024 City Council Meeting Minutes 3 Council Packet Page Number 4 of 95 E2 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 Seconded by CouncilmemberJuenemannAyes – All The motion passed. 4.Conditional Use Permit Review, Erskine Wood Floors, 2728 Geranium Avenue East CouncilmemberLeemoved 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. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5.Conditional Use Permit Review, Advanced Vehicle Solutions, Inc., 47 Century Avenue North CouncilmemberLeemoved 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. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6.Conditional Use Permit Review, Commercial Vehicle Storage, 2510 Carver Avenue East CouncilmemberLee moved to approve 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. Seconded by Councilmember Juenemann Ayes – All June 24, 2024 City Council Meeting Minutes 4 Council Packet Page Number 5 of 95 E2 The motion passed. 7.Resolution Appointing Election Judges and Establishing a Ballot Board for the 2024 Primary Election CouncilmemberLeemoved to approve the resolution listing election judges and establishing a ballot board for the 2024 Primary Election to be held on August 13, 2024. Resolution 24-06-2327 2024 PRIMARY ELECTION APPOINTINGELECTION 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 ordesignee assign Election Judges to serve in the 2024 Primary Election to be held on Tuesday, August 13, 2024 from the following list: Mark AcostaTim AlbertsonJanice Allen Karen AndersonWarren AndersonJill Arnold Rob BaasPaul BabinRosanne Bane Jodi BaronWilma BattleMargaret Beauvais David BedorRegan BeggsGail Biagini Joyce BiaginiMargaret BloemendalEric Blomgren Jonathan BoydeRichard BrandonGinny Brandon Paulette BrieseTom BrockwayMargaret Brudzinski June 24, 2024 City Council Meeting Minutes 5 Council Packet Page Number 6 of 95 E2 Jill BruhnMichelle BuettnerJoan Bullivant Thomas CampbellLyla CampbellAndrea Campbell Kevin CampbellAnne CardentsRobert Cardinal Thomas CareyAllen CarlsonLinda Carpenter Larry CarsonCecelia CathcartMary Catherine Denise ChambleeMary CincottaKarl Clothier Cheryl (Sheri) CommersJulia CrossMichelle Curtis Frederick DahmBeverly DavisJason Demoe Darrell DipponAlbin DittliCatherine Dobihal Michelle DohertyGloria DunsheeJohn Eads Brian EagerLuann EagerKim Ebeling Delight EricksonGail FellmanMargaret Fett Bryan FischerRichard FosseJudith Franey Janine FransNick FranzenDean Fritsche Gordy FritscheRachel GeiserDiane Golaski Marilyn GrantAlvin GrendzinskiDiane Guenther Daniel GunardNancy HafnerKaren Hansen Lisa HansfordMark HarrisLisa Heille Jean HeiningerMollie HelmeidCatherine Hennelly William HensleyGregory HerberGina Hermann Harland HessElaine HillGary Hinnenkamp Pamela HodgesDebra HoffmannJeanette Hulet Daniel HunekePatricia HuthRaymond Huth Kathryn JacksonChristine JacobsonAnita Jader David JahnKathleen JensenHoward Johnston Gwendolyn JonesSharon KaralusWilliam Kempe Suzanne KienietzJudy KipkaKevin Kittridge Peggy KleiterStephanie KloeberJason Knutson Lois KnutsonCarol KoskinenRobert Kraemer John KrebsbachSarah KroeningRobert Kronschnobel Jackie KwapickTom LabarreLouis Lacasse Patricia LandersCourtney LarsenSteven Larson Rose LarsonMark LarsonShelly Larson Deborah LeeDustin LehrkeLouis Lentsch Bob LeoMary Ann LeoClaudette Leonard Ken LewisJoyce LibraNancy Lindsey Jimmy LippsOscar Lopez LetonaLinda Lor Stephen LovelessLydia LucasCindy Lundgren Virginia LynchJeri MahrDaniel Martin Steve MartinsonLinda MaxamPaula Mcallister Bonnie MccabeDavid MccabeJanet Mccanna Patrick McdonoughCurtis MerkleDorcas Michaelson Mervin MillerPhyllis MoenDallas Moen Vyas MohanEugene MorissetJessica Moss Karla NelsonMonica Nelson-ThieleCaroline Nentwig Miranda NicholsAnn NorbergPatti Nord June 24, 2024 City Council Meeting Minutes 6 Council Packet Page Number 7 of 95 E2 James NordbyD. William (Bill) O'brienKeith Olson Susan ParnellJohn ParnellCheryl Pasquarella Gina PearsonFaith PerrizoMarilyn Perry Van PhamDavid PlatheNina Potter Thomas ProepperShelly PutzSteve Putz Sonja QuanbeckMichael RaymondTimothy Reddy Mary Ann RennerRobin RenoJudy Reyer Donna RichardsRuth RichardsVincent Rodriguez Peter RogersChris RolliTeresa Rossbach Monica Roth DayCynthia RowleyDavid Rydeen Kathy SabotaDeborah SamacPatricia Sample Thomas SchaeferMaryann SchaeferWilliam Schmidt Duane SchmitzKurt SchnappJen Schorr Brigid SchreierMargaret SchreierRay Schulte Patricia SelbyJill ShortreedVicki Simms Delaney SkaarSusan SkaarTyler Slind Margaret SmithFlorence SpragueTim Stafki Judith SteenbergJames Stemper(Mary) Linnea Strandness Penny StreifelDianne Stroth DahmMary Sturm Diane SuchyBeth SupinskiSheli Telschow Lynn ThoeleChristine Tkachuck-MartinsonArliene Tourville Micki TschidaJeannine UnklesbayCarolyn Urbanski Ronald VirnalaMelissa WalkerRosie Wall Alison WalshJeanette WalshTim Walstrom Mary WendtTheresa WestcottJohn Wheeler Lynn WiggertPatricia WilliamsonPaula Willie Sharon WillsonJoan WurdemanMee Yang Xiong Blong YangDiana YefanovaCindy Yorkovich Matt YoungFrank ZacherPaul Zollinger Karen Zummallen Seconded by CouncilmemberJuenemann Ayes – All The motion passed. H.PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS 1.Resolution Affirming Denial of Rental License Application for Property Located at 1895 County Road C June 24, 2024 City Council Meeting Minutes 7 Council Packet Page Number 8 of 95 E2 City Attorney Batty gave the staff report. Community Development Director Parr provided additional information. CouncilmemberJuenemannmoved to approve the Resolution Affirming the Denial of a Rental License Application for the Property at 1895 County Road C. Resolution 24-06-2328 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 suspendedwithin 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 WHEREAS, the Denial Letter requested that, if the Applicant appealed the denial, the 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 June 24, 2024 City Council Meeting Minutes 8 Council Packet Page Number 9 of 95 E2 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 WHEREAS, the Applicant took responsibility for filling out the application form and for 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 documentation required 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 ITRESOLVED 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 findingsof 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 on a Truth-in-Sale of Housing Report from June 24, 2024 City Council Meeting Minutes 9 Council Packet Page Number 10 of 95 E2 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 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 rentaldwelling without proper licensure. Seconded by CouncilmemberVillavicencio Ayes – All The motion passed. J.NEW BUSINESS 1.Conditional Use Permit Resolution, Sejong Academy, 2410 Stillwater Road East Community Development Director Parr gave the staff report. Brad Tipka, Executive Director of SejongAcademy answered questions of council. oved to approve the resolution for a conditional use permit for CouncilmemberLeem Sejong Academy to operate a school located at 2410 Stillwater Road East. June 24, 2024 City Council Meeting Minutes 10 Council Packet Page Number 11 of 95 E2 Resolution 24-06-2329 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Sejong Academy and Gethsemane Church have requested a conditional use permit to allow a school to operate on-site. 1.02The 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. 2.01City Ordinance Section 44-1092(3) requires a Conditional Use Permit for an institution of any educational, philanthropic or charitable nature. 2.02General 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 ComprehensivePlan 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 operationthat would be dangerous, hazardous, June 24, 2024 City Council Meeting Minutes 11 Council Packet Page Number 12 of 95 E2 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.Theuse would cause minimal adverse environmental effects. Section 3. Findings. 3.01The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01The 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 5.01The city council hereby approvesthe 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): June 24, 2024 City Council Meeting Minutes 12 Council Packet Page Number 13 of 95 E2 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 tostaff 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 Councilmember Cave Ayes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abrams adjourned the meeting at 7:37p.m. June 24, 2024 City Council Meeting Minutes 13 Council Packet Page Number 14 of 95 F1a CITY COUNCIL STAFF REPORT Meeting Date July 8, 2024 REPORT TO: City Council REPORT FROM: Michael Sable, City Manager PRESENTER: Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/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 22: Workshop: Purple Line Update August 12: Workshop: TIF Review and Housing Strategy August 16: Special Council Meeting: Canvass of Primary Election Results August 26: Workshop: Public Safety Tabletop Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. Council Packet Page Number 15 of 95 F1a 2024 Major Community Outreach Events Putt Putt with Public Safety Thursday, July 11 (1 – 4 pm) Goodrich Golf Dome Pickleball with Public Safety Sunday, July 14 (2 – 5 pm) Sherwood Park Fishing with Friends Wednesday, July 17 (4 - 7 pm) Spoon Lake Celebrate Summer - July Wednesday, July 24 (5:30 – 8 pm) Afton Heights Park National Night Out Tuesday, August 6 (5 – 9 pm) City Wide Event Cop on a Rooftop for Special Olympics Friday, August 16 (6 – 11:30 am) Dunkin Donuts (County Road D / Hwy 610 Celebrate Summer - August Wednesday, August 21 (5:30 – 8 pm) Afton Heights Park Council Packet Page Number 16 of 95 G1 Council Packet Page Number 17 of 95 G1, Attachments Council Packet Page Number 18 of 95 G1, Attachments Council Packet Page Number 19 of 95 G1, Attachments Council Packet Page Number 20 of 95 G1, Attachments Council Packet Page Number 21 of 95 G1, Attachments Council Packet Page Number 22 of 95 G1, Attachments Council Packet Page Number 23 of 95 G1, Attachments Council Packet Page Number 24 of 95 G1, Attachments Council Packet Page Number 25 of 95 G1, Attachments Council Packet Page Number 26 of 95 G1, Attachments Council Packet Page Number 27 of 95 G1, Attachments Council Packet Page Number 28 of 95 G1, Attachments Council Packet Page Number 29 of 95 G2 CITY COUNCILSTAFF REPORT Meeting Date July 8, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, St. John’s Hospital, 1575 Beam Avenue Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit for M-Health Fairview’s St. John’s Hospital, located at 1575 Beam Avenue East, is due for its annual review. Recommended Action: Motion to approve the CUP review for St. John’s Hospital, located at 1575 Beam Avenue East, and review 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 $0.00 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 the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On January 25, 2021, the city council approved a 21,000-square-foot vertical building expansion at Saint John’s Hospital. On July 10, 2023, the city council approved a 7,000-square-foot addition to the existing St. John’s Hospital campus. Both projects have been completed and issued certificates of occupancy by the city. 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. Council Packet Page Number 30 of 95 G2 Reference Information Site Description Site Size: 28 acres Current Land Use: Hospital Campus Surrounding Land Uses North: Surface Parking and Heritage Square/ Legacy Village East: Medical Office Buildings and Birch Run Commercial Center South: Professional/Medical Offices West: Convenience Store, Professional/Medical Offices Planning Existing Land Use: Employment Existing Zoning: Business Commercial Attachments: 1.Overview Map 2.Site Plans, 2021 and 2023 3.City Council Minutes, Dated January 10, 2021 4.City Council Minutes, Dated July 10, 2023 Council Packet Page Number 31 of 95 G2, Attachment 1 Council Packet Page Number 32 of 95 G2, Attachment 2 Council Packet Page Number 33 of 95 G2, Attachment 2 Council Packet Page Number 34 of 95 G2, Attachment 3 Council Packet Page Number 35 of 95 G2, Attachment 3 Council Packet Page Number 36 of 95 G2, Attachment 3 Council Packet Page Number 37 of 95 G2, Attachment 3 Council Packet Page Number 38 of 95 G2, Attachment 3 Council Packet Page Number 39 of 95 G2, Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2023 City Hall, Council Chambers Meeting No. 13-23 J.NEW BUSINESS 2.M-Health Fairview/St. John’s Hospital, 1575 Beam Avenue a.Conditional Use Permit Amendment Resolution b.Design Review Resolution Elizabeth Hammond, Planner, gave the presentation. Danielle Gathje, Vice President of Hospital Operations for M-Health Fairview St John’s Hospital and Kyle Wiseman, Architect with HGA, addressed council and answered questions. Councilmember Cave moved to approve a resolution for a conditional use permit amendment, approving a 7,000-square-foot addition to the existing St. John’s Hospital campus at 1575 Beam Avenue, subject to conditions of approval. Resolution 23-07-2224 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 M-Health Fairview has requested approval of a conditional use permit amendment. 1.02 The property is located at 1575 Beam Avenue East and is legally described as: PIN: 032922130014 – The Southwest Quarter of the Northeast Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota, according to the Government Survey thereof except the following parcels: The East 40.00 feet of said Southwest Quarter of the Northeast Quarter lying northerly of the South 660.00 feet thereof. Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter, being the center of said Section 3, said point being marked by a Ramsey County monument; thence along the west line of said Southwest Quarter of the Northeast Quarter, North 00 degrees 01 minutes 40 seconds East, assumed basis of bearing, a distance of 703.29; thence on a bearing of East 437.93 feet to the point of beginning; thence continuing on a bearing of East 264.24 feet; thence on a bearing of South 124.13 feet; thence on a bearing of West 264.24 feet; thence on a bearing of North 124.13 feet to the point of beginning. Council Packet Page Number 40 of 95 G2, Attachment 4 Subject to easements of record. Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed, and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment, or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 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 amendment request. 1. On June 20, 2023, the planning commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written Council Packet Page Number 41 of 95 G2, Attachment 4 statements. The planning commission recommended that the city council approve this resolution. 2.On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1.All construction shall follow the approved plans, date-stamped June 2, 2023. The planning staff may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3.The city council shall review this permit in one year. 4.The property owner shall maintain at least 1,252 parking spaces on the hospital campus. Parking spaces shall be at least 9.5 feet wide; employee parking may be 9 feet wide. Seconded by Councilmember Lee Ayes – Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain – Councilmember Juenemann The motion passed. Councilmember Lee moved to approve a design review resolution, approving a 7,000- square-foot addition to the existing St. John’s Hospital campus at 1575 Beam Avenue, subject to conditions of approval. Resolution 23-07-2225 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 M-Health Fairview has requested design review approval. 1.02 The property is located at 1575 Beam Avenue East and is legally described as: Council Packet Page Number 42 of 95 G2, Attachment 4 PIN: 032922130014 – The Southwest Quarter of the Northeast Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota, according to the Government Survey thereof except the following parcels: The East 40.00 feet of said Southwest Quarter of the Northeast Quarter lying northerly of the South 660.00 feet thereof. Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter, being the center of said Section 3, said point being marked by a Ramsey County monument; thence along the west line of said Southwest Quarter of the Northeast Quarter, North 00 degrees 01 minutes 40 seconds East, assumed basis of bearing, a distance of 703.29; thence on a bearing of East 437.93 feet to the point of beginning; thence continuing on a bearing of East 264.24 feet; thence on a bearing of South 124.13 feet; thence on a bearing of West 264.24 feet; thence on a bearing of North 124.13 feet to the point of beginning. Subject to easements of record. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Review Process and Council Action. 3.01 On June 20, 2023, the community design review board held a public meeting and reviewed this request. Staff sent notice to surrounding property owners. The applicant was provided the opportunity to present information. The board approved the project plans. Council Packet Page Number 43 of 95 G2, Attachment 4 3.02 The above-described site and design plans are hereby approved based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped June 2, 2023. Approval is subject to the applicant doing the following: 1.Obtain a conditional use permit amendment from the city council for this project. 2.Repeat this review in two years if the city has not issued a building permit for this project. 3.All requirements of the fire marshal, city engineer, and building official must be met. 4.Satisfy the requirements outlined in the engineering review authored by Jon Jarosch, dated June 9, 2023. 5.Satisfy the requirements outlined in the environmental review authored by Shann Finwall, dated June 13, 2023. 6.The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. 7.All work shall follow the approved plans. The director of community development may approve minor changes. 8.All rooftop vents and site mechanical equipment shall be screened on all sides Seconded by Councilmember Cave Ayes – Mayor Abrams Councilmember Cave Councilmember Lee Councilmember Villavicencio Abstain – Councilmember Juenemann The motion passed. Council Packet Page Number 44 of 95 G3 CITY COUNCILSTAFF REPORT Meeting Date July 8, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Cochran Recovery Services, 2000 White Bear Avenue Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit for NUWAY Alliance’s Cochran Recovery Services, located at 2000 White Bear Avenue North, is due for its annual review. Recommended Action: Motion to approve the CUP review for Cochran Recovery Services, located at 2000 White Bear Avenue North, and review 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 $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On July 10, 2023, the city council approved a conditional use permit for an adult residential treatment center in the existing building located at 2000 White Bear Avenue to serve recovering alcoholics and addicts whose “substance use disorder is in a remissive state.” All remodeling work to the interior of the building has been completed, and a certificate of occupancy has been issued by the city. No exterior work was proposed or conducted. The property Council Packet Page Number 45 of 95 G3 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: 8.13 acres Surrounding Land Uses North: Ramsey County’s Family Service Center and Parks and Recreation buildings East: Ramsey County’s Family Service Center and parking for Aldrich Arena South: Aldrich Arena West: White Bear Avenue and single-family homes Planning Existing Land Use: Commercial Existing Zoning: Commercial Office Attachments: 1. Overview Map 2. Site Plan 3. City Council Minutes, Dated July 10, 2023 Council Packet Page Number 46 of 95 G3, Attachment 1 2000 White Bear Avenue - Overview Map May 26, 2023 City of Maplewood Legend 0630 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 47 of 95 G3, Attachment 2 Council Packet Page Number 48 of 95 G3, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2023 City Hall, Council Chambers Meeting No. 13-23 J.NEW BUSINESS 5.Nuway Alliance, 2000 White Bear Avenue North a.Comprehensive Plan Amendment Resolution (Requires 4 Council Votes) b.Zoning Map Amendment Ordinance c.Conditional Use Permit Resolution Community Development Director Parr gave the presentation. John Miller, Chief Strategy Officer, and Ken Roberts, Chief Clinical Officer, with Nuway Alliance, addressed council and answered questions. Councilmember Cave moved to approve an amendment to the 2040 Comprehensive Plan’s Future Lane Use Map to re-guide the project parcel located at 2000 White Bear Avenue from Institutional to Commercial. Resolution 23-07-2229 COMPREHENSIVE PLAN AMENDMENT RESOLUTION Resolution approving the comprehensive plan amendment re-guiding the property 2000 White Bear Avenue North from Institutional to Commercial. Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 John Miller, of Nuway Alliance, has requested approval of a comprehensive plan amendment. 1.02 The property is located at 2000 White Bear Avenue North and is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of Council Packet Page Number 49 of 95 G3, Attachment 3 the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. Criteria. 2.01 The 2040 Comprehensive Plan states the document may require amending due to a property owner request to change land use designation to allow a proposed development or redevelopment. 2.02 The 2040 Comprehensive Plan amendment process follows the same City identified the public hearing process as the major update process used to develop the 2040 Comprehensive Plan. Amendments are required to submit and gain approval from the Metropolitan Council. Section 3. Findings 3.01 The requested amendment would meet various amendment criteria outlined in the 2040 Comprehensive Guide Plan. Section 4. City Review Process Council Packet Page Number 50 of 95 G3, Attachment 3 4.01 The City conducted the following review when considering this amendment request. 1.On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2.On July 10, 2023, the city council discussed the comprehensive plan amendment. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The above-described comprehensive plan amendment is approved based on the findings outlined in section 3 of this resolution. Approval is subject to, and only effective upon, the following conditions: 1.Review and approval of the Metropolitan Council as provided by state statute. 2.The development must further comply with all conditions outlined in City Council Resolution No. 23-07-2230 for a conditional use permit approved by the Maplewood City Council on July 10, 2023. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Lee moved to approve an ordinance amending the City’s zoning map to rezone the property from F, farm residence, to CO, commercial office. Ordinance 1038 A ZONING MAP AMENDMENT ORDINANCE REZONING THE PROPERTY AT 2000 WHITE BEAR AVENUE FROM F, FARM RESIDENCE DISTRICT, TO CO, COMMERCIAL OFFICE DISTRICT The City Of Maplewood, Minnesota, Ordains: Section 1. 1.01 The 2000 White Bear Avenue property is hereby rezoned from F, farm residence district, to CO, commercial office district. 1.02 The property is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey Council Packet Page Number 51 of 95 G3, Attachment 3 County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. 2.01 This ordinance is based on the following findings: 1. The rezoning to CO, commercial office district would result in a development compatible with the surrounding development type and intensity. Council Packet Page Number 52 of 95 G3, Attachment 3 2.The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive guide plan. 3.The rezoning would be consistent with public health, safety, and welfare. 2.02 This ordinance is subject to the following conditions: 1.Metropolitan Council approval of Resolution No.23-07-2229 for a comprehensive plan amendment approved by the Maplewood City Council on July 10, 2023. 2.The project must further comply with all conditions outlined in City Council Resolution No.23-07-2230 for a conditional use permit approved by the Maplewood City Council on July 10, 2023. Section 3. This ordinance is effective upon publication in the city's official newspaper. Seconded by Councilmember Cave Ayes – All The motion passed. Mayor Abrams moved to approve a resolution for a conditional use permit for Nuway Alliance at 2000 White Bear Avenue for an adult residential treatment center, conditional on the applicant not pursuing real estate tax exemption. Resolution 23-07-2230 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 John Miller, of Nuway Alliance, has requested a conditional use permit to operate an adult residential treatment center. 1.02 The property is located at 2000 White Bear Avenue North and is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of Council Packet Page Number 53 of 95 G3, Attachment 3 intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. Standards. 2.01 City ordinance section 44-473 requires a conditional use permit for convalescent hospitals. 2.02 City ordinance section 44-1092 requires a conditional use permit for state- licensed residential programs. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed, and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. Council Packet Page Number 54 of 95 G3, Attachment 3 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 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2.On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the Council Packet Page Number 55 of 95 G3, Attachment 3 following conditions: 1.Any exterior improvements to the building or site require approval via the city’s design review process and requirements. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.Provide the city with a copy of its state license to operate an adult residential treatment program. 5.Any increase in residents above 120 will require an amendment of this permit. 6.The applicant shall provide on-site staffing 24 hours a day and 365 days a year. 7.Metropolitan Council approval of Resolution No. 23-07-2229 for a comprehensive plan amendment approved by the Maplewood City Council on July 10, 2023. 8.The applicant shall not pursue a real estate tax exemption for its use of this property. Seconded by Councilmember Cave Ayes – All The motion passed. Council Packet Page Number 56 of 95 G4 CITY COUNCILSTAFF REPORT Meeting Date July 8, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Kline Nissan, 3090 Maplewood Drive Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit for Kline Nissan, located at 3090 Maplewood Drive North, is due for its annual review. Recommended Action: Motion to approve the CUP review for Kline Nissan, located at 3090 Maplewood Drive North, and review again in one year. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On July 10, 2023, the city council approved a conditional use permit for Kline Nissan to construct two building additions: one to its service area and one to its parts department. The ordinance states that when conditional use permits are granted, the proposed construction must be substantially started within one year unless the council grants a one-year extension. The applicant still intends to build these additions but is working on completing a cross-access agreement for the private frontage road in front of its property. Completion of this agreement is Council Packet Page Number 57 of 95 G4 required by the city. The applicant expects to have this agreement completed this summer, and the city will issue the required permits at that time. Staff has no other concerns regarding the progress of this project and recommends reviewing again in one year. Reference Information Site Description Site Size: 4.69 acres Existing Land Use: Auto Car Sales and Services Surrounding Land Uses North: Undeveloped land East: Manage A Wetland Buffer South: Manage A Wetland Buffer West: Highway 61 Planning Existing Land Use: Commercial Existing Zoning: M1 – Light Manufacturing Attachments: 1.Overview Map 2.Site Plan 3.City Council Minutes, Dated July 10, 2023 Council Packet Page Number 58 of 95 G4, Attachment 1 3090 Maplewood Drive North - Overview Map May 12, 2023 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 59 of 95 G4, Attachment 2 Council Packet Page Number 60 of 95 G4, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 10, 2023 City Hall, Council Chambers Meeting No. 13-23 J.NEW BUSINESS 3.Kline Nissan Additions, 3090 Maplewood Drive North a.Conditional Use Permit Amendment Resolution b.Design Review Resolution Community Development Director Parr gave the presentation. Pam Guilford, General Manager with Kline Nissan, and Jack Grotkin, President of RJ Ryan Construction, answered questions of council. Councilmember Lee moved to approve a resolution for a conditional use permit amendment approving two building additions to be constructed at 3090 Maplewood Drive North. Resolution 23-07-2226 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a conditional use permit amendment to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 – Tract “A”, Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. Section 2. Standards. 2.01 City Ordinance Section 44-637 requires a Conditional Use Permit for motor vehicle maintenance garages and car washes. 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 Council Packet Page Number 61 of 95 G4, Attachment 3 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 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2.On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Council Packet Page Number 62 of 95 G4, Attachment 3 Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city and date- stamped June 1, 2023. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The applicant shall not load or unload vehicles on public right-of-way. 4. Cars can only be parked on designated paved surfaces. 5. The City Council shall review this permit in one year. 6. All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. 7. Water from car wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. 8. All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. 9. As required in an agreement with the city approved in 2005, the applicant shall submit an executed cross-access agreement to city staff to complete the conveyance of the frontage road to the west of its property to a private road. Seconded by Councilmember Villavicencio Ayes – All The motion passed. Councilmember Cave moved to approve a resolution for design review approving two building additions to be constructed at 3090 Maplewood Drive North. Resolution 23-07-2227 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. Council Packet Page Number 63 of 95 G4, Attachment 3 1.01 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a design review to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 – Tract “A”, Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped June 1, 2023. Approval is subject to the applicant doing the following: 1. Obtain a conditional use permit amendment from the city council for this project. Council Packet Page Number 64 of 95 G4, Attachment 3 2. Repeat this review in two years if the city has not issued a building permit for this project. 3. All fire marshal and building official requirements must be met. 4. Satisfy the requirements outlined in the engineering review by Jon Jarosch, dated May 22, 2023. 5. Satisfy the requirements outlined in the environmental review by Shann Finwall, dated June 8, 2023. 6. The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. 7. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b. Elevation drawings of any roof-top or exterior building mechanical equipment for review and approval and, if necessary, the inclusion of required screening. 8. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d. The applicant shall submit an executed cross-access agreement to foster the conveyance of the frontage road to the west of its property to a private road. 9. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the Council Packet Page Number 65 of 95 G4, Attachment 3 building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 10.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Lee Ayes – All The motion passed. Council Packet Page Number 66 of 95 I1 CITY COUNCIL STAFF REPORT Meeting Date July 8, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: David Anderson, Assistant City Attorney PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Abatement Agreement Regarding Conditions Creating a Hazardous Property and Public Nuisance, 1145 Glendon St N Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The subject property (the “Property”) is located at 1145 Glendon Street North and contains a legal residential dwelling. According to tax records, the property is owned by William Acree (the “Owner”). The City of Maplewood began receiving complaints about the Property’s condition as early as 2007, and aerial images of the Property show it has been maintained as a hazardous/nuisance property since at least 2015. On August 28, 2023, the city council deemed the Property hazardous and a public nuisance under state and local law and ordered the abatement of the hazardous and nuisance conditions on the Property. Staff recommends approval of an abatement agreement, which provides a means to ensure the abatement of the hazardous and nuisance conditions on the Property and spares both parties the time and expense associated with district court proceedings. Recommended Action: Motion to approve the Abatement Agreement for the property located at 1145 Glendon St N and authorize the city attorney to execute the agreement and make minor amendments as required. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is to not exceed $10,000. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Costs will be assessed against property. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Code enforcement is a key function of city services and the use of abatement is a tool to compel compliance. Council Packet Page Number 67 of 95 I1 Background: The property located at 1145 Glendon St N (the “Property”) has been subject to numerous complaints and ongoing code enforcement efforts due to the substantial accumulation of items on the Property’s exterior. On August 28, 2023, the city council deemed the Property hazardous and a public nuisance under state and local law and ordered the abatement of the hazardous and nuisance conditions on the Property. The council resolution authorized the city attorney to initiate legal proceedings against the Property’s owner in an effort to bring the Property into compliance with state and local laws. Since the owner was served with the city’s abatement order, numerous discussions with the owner and additional visits to the Property have occurred. Although some of the required items have been appropriately addressed, the owner still has work to do to bring the Property into compliance. Rather than initiating formal legal proceedings in district court, the city attorney has negotiated the attached abatement agreement with the owner and his attorney. The agreement provides the owner through August 9, 2024, to adhere to the specific requirements contained in Exhibit B. If the owner fails to meet said deadline, the city will be authorized to perform the work and assess the costs related thereto against the Property. The estimated maximum cost of all work is approximately $10,000, and the city will perform such work to the extent it is not completed by the owner. The agreement and the law expressly authorize the city to recover such costs via a special assessment against the Property, which would then go onto the Property’s tax rolls for future payment by the owner. The agreement also provides for the waiver of outstanding administrative fines if the owner performs all work required of him by the August 9 deadline. Because the goal of the city’s enforcement program is to gain compliance, city staff is comfortable waiving such fines if the Property’s conditions are appropriately addressed by the owner. Attachments: 1. Abatement Agreement 2. City Resolution 23-08-2245 (Approved August 28, 2023) Council Packet Page Number 68 of 95 I1, Attachment 1 ABATEMENT AGREEMENT This Abatement Agreement (the “Agreement”) is entered into as of this ___ day of _________________, 2024, by and between the city of Maplewood, a Minnesota municipal corporation (the “City”), and Bill Acree, a single individual (the “Owner”). The Cityand the Owner may be referred to collectively herein as the “Parties.” RECITALS WHEREAS, the Owner is fee owner of certain real property located at 1145 Glendon Street North, Maplewood, Ramsey County, Minnesota and legally described on the attached Exhibit A (the “Property”); and WHEREAS, numerous physical inspections of the Property’s exterior have recently been conducted by the City’s code enforcement team and the following conditions were among those observed: plastic bins, buckets, coolers,and other storage containers; containerswith stagnant water (pots, bird baths, etc.); an unlawful accumulation of lawn ornaments, appliances, and scrap materials; an unlawful accumulation of deteriorating outdoor tables and outdoor chairs, shade umbrellas, hoses, extension cords, fire pits, grills and other furniture with mold and debris accumulation; unsecured saws and other tools; overgrowth of weeds and vegetation; indoor furniture, gazebos, two empty hot tubs, an open shed full of broken items and debris, and other rubbish and debris; and 1 MA745-44-941025.v5 Council Packet Page Number 69 of 95 I1, Attachment 1 WHEREAS, based on the conditions discovered duringthe aforementioned inspections, the Maplewood City Council has formally determined that the Property’s exterior is (i) “hazardous,” as defined by Minnesota Statutes, section 463.15, and (ii) a public nuisance in violation of the Maplewood City Code (the “City Code”) and state law; and WHEREAS, pursuant to both Minnesota Statutes, chapter 463 and chapter 18 of the City Code, the Owner has been duly served with a summons, complaint, and abatement order that require the Owner abate the Property’s hazardous and nuisance conditions and, in the event that he fails to do so, the City is further provided with the express legal authority to facilitate said abatement on its own and assess the Property for the cost thereof; and WHEREAS, by entering into this Agreement, the Parties wish to jointlyfacilitate the abatement of the Property’s hazardous and nuisance conditions and avoid the time and expense associated with formal legal proceedings. NOW, THEREFORE,in consideration of the mutual covenants and promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, the Parties hereby agree as follows: AGREEMENT 1. Recitals. The Partiesagree that the foregoing Recitals are true and correct and are fully incorporated into this Agreement. 2. The Property. The Parties agree and acknowledge that based on the present condition of the Property, the Propertyis hazardous, as that term is defined by Minnesota Statutes, section 463.15, and a public nuisance, as that term is defined in Chapter 18 of the City Code. The Owner represents that he has a valid interest in the Property, and that he has the full legal power and authority to enter into this Agreement. 2 MA745-44-941025.v5 Council Packet Page Number 70 of 95 I1, Attachment 1 3. Abatement. The Owner, at his own cost and expense, agrees to undertake all work necessary to abate the hazardous and nuisance conditions on the Property (the “Work”) on or before August 9, 2024. The Work is specifically described and itemized in the attached Exhibit B. The Ownerhereby authorizes the City toenter onto the Property and inspect the Property’s exterior on or after August 9, 2024 to ensure that all Work has been completed to the City’s satisfaction and in a manner that abates the hazardous and nuisance conditions. If the Owner fails to comply with this section 3, the Parties agree that the City may immediately enter onto the Property, perform the Work or hire a third-party contractor to do so, in its sole discretion, and thereafter assess all of its costs pursuant to section 6 of this Agreement without the need for any further action or approval by the Parties or the Court. Notwithstanding the deadline above, City staff may enter onto the Property’s exterior any time prior to August 9, 2024 for the purpose of monitoring the Owner’s progress and providing direction to the Owner regarding the Work. 4. District Court Proceedings. By entering into this Agreement, the City agrees that it will not initiate formal legal proceedings in civil court against the Owner regarding the Property’s hazardous and nuisance conditions, except as otherwise expressly authorized in section 9 of this Agreement, unless the Owner breaches any of the terms of this Agreement. 5. Cost Estimate. In the event the City is required to perform the Work, theestimated maximum cost, including the removal and proper disposal of all unlawful conditions contained on the Property’s exterior, is $10,000. However, the Parties understand and agree that actual costs might amount to up to 150 percent of that estimated figure, or $15,000. The Parties agree that if the Owner fails to complete the Work in accordance with the timeline contemplated in section 3 of this Agreement, and the City subsequently performs any of said Work, as expressly authorized herein, 100 percent of the actual cost of the Work performed by the City or its contractor(s) shall be assessed 3 MA745-44-941025.v5 Council Packet Page Number 71 of 95 I1, Attachment 1 against the Propertyin accordance with section 6 below. 6. Special Assessment of City Expenses; Waivers. In the event that the City enters onto the Property to perform the Work as authorized herein, theCity is authorized, pursuant to Minnesota Statutes, Section 463.21, chapter 18 the City Code, and this Agreement, to assess the expenses that it incurs to undertake such Work in an amount not to exceed 150 percent of the estimated figure contained in section 5 of this Agreement, or $15,000, plus the costs incurred by the City to serve the Owner with the aforementioned pleadings by publication ($4,664.80) as expressly authorized under Minnesota Statutes, section 463.22 and the City Code. Furthermore, the Owner, for himself and his successors and assigns, waives the right to object to the City’s assessment of such amounts by the City and waives the right to appeal the levy of said assessment pursuant to Minnesota Statutes, section 429.081 or any other law or ordinance, and further specifically agrees with respect to such special assessment that: (a) any requirements of Minnesota Statutes, chapter 429 or other law with which the City does not comply are hereby waived; (b) the increase in fair market value of the Property as a whole resulting from the Work will be in an amount at least equal to the total cost assessed to the Property, and that such increase in fair market value is a special benefit resulting from said Work; and (c) assessment of the actual cost of the Work against the Property as outlined above is reasonable, fair, and equitable and there are no other properties against which such costs should be assessed. The City will provide for the payment of such special assessment in no more than five annual installments commencing with taxes payable in the year following certification to the county, with interest at the annual rate of fivepercent (5%) accruing from the date of certification of the 4 MA745-44-941025.v5 Council Packet Page Number 72 of 95 I1, Attachment 1 assessment. The Parties expressly agree and understand that no further notices or steps shall be required by the City to effectuate and levy the above-authorized assessment against the Property except for the City’s certification of saidassessment to Ramsey County in accordance with this Agreement.At the written request of the Owner, the City shall provide proof of its costs incurred which were the basis of any assessment levied. 7. Right of Entry. (a) The Owner hereby grants to theCity, and its agents, employees, contractors, and invitees, a right and license to immediately enter upon the Property for the purpose of conducting all activities on the Property necessary to inspect the Property to determine compliance with this Agreement, to performthe Work in accordance with this Agreement, if necessary, and to bring materials, equipment, and other items onto the Property which may be reasonably needed in connection with the Work. (b) The right of entry outlined herein shall expire upon completion of the Work and final inspection by the City of the Property thereafter. (c) In consideration for such right of entry, the City agrees to use the Property only for the purposes described herein and will do no unnecessary damage to the land. 8. Indemnification; Waiver of Claims. The Owner agrees to indemnify, hold harmless, and defend the City, its officials, employees, contractors, and agents from and against any and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including reasonable attorneys’ fees which they, or their agents or contractors may hereinafter sustain, incur, or be required to pay, arising out of or by reason of this Agreement. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to 5 MA745-44-941025.v5 Council Packet Page Number 73 of 95 I1, Attachment 1 which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes Chapter 466 or otherwise. Should the City complete any of the Work, the Owner waives any and all claims against the City for the removal or destruction of any and all personal property in connection therewith. As part of this waiver, the Owner knowingly acknowledges and agrees that none of the items to be removed have more than nominal value, nor are they salvageable and, accordingly, the City may dispose of said items and need not make any attempt to salvage or sell said items. 9. Cost Exceeds Estimate. In the event that the City is permitted hereunder to complete the any of the Work on the Propertyand determines that the actual cost of the work will exceed 150 percent of the estimated costcontained herein, it will notify the Ownerof such determination in writing. The Ownerwill then have 10 calendar days to determine whether to consent to an increase in the amount of the assessment to include the increased costs. If the Owner notifies the City in writing within such period that he will accept the increase, then the City will proceed with the Work. If such notice is not given by the Owner, the City may, in its sole discretion, proceed with undertaking the Work knowing that it will be limited to specially assessing the Property for only 150 percent of the estimated cost contained herein or, alternatively, may proceed to request additional cost reimbursement from the Court pursuant to Minnesota Statutes, chapter 463 and chapter 18 of the City Code. ties 10. General Provisions. This Agreement represents the entire agreement between the Par and supersedes in all respects all prior agreements of the Parties, whether written or otherwise. No change, modification or waiver of any provisions of this Agreement will be binding unless it isin writing and signed by both Parties. This Agreement shall be construed according to the laws of the State of Minnesota. 6 MA745-44-941025.v5 Council Packet Page Number 74 of 95 I1, Attachment 1 11. Waiver of Outstanding Administrative Fines. If the Owner completes all Work, as described herein, on or before August 9, 2024 and otherwise refrains from creating or maintaining any additional code violations on the Property prior to said date, the City agrees to waive all previously imposed and outstanding administrative fines issued to Owner in relation to the Property’s condition. If, however, the Owner fails to perform said Work by the aforementioned deadline, the Owner understands and acknowledges that such amounts shall be owed to the City and, if unpaid, will be collected in any manner authorized under the City’s administrative citation ordinance. 12. Execution in Counterparts. This Agreement may be executed and delivered in multiple counterparts, each of which, when so delivered, shall be an original, but such counterparts shall together constitute but one and the same instrument and agreement. 13. Run with the Land; Enforcement. The provisions of this Agreement shall run with the land and be binding upon the Parties and their respective heirs, successors, and assigns. Furthermore, the Owner agrees to pay the City's costs and expenses, including reasonable attorneys’ fees, in the event a suit or action is brought by the City against the Owner to enforce the terms of this Agreement. 14. Recording; Court Filing. The City may record this Agreement against the Property in the land records of Ramsey County. It is the intent of the Parties that this Agreement is in a form which is recordable among the land records and the Partiesagree to make any changes to this Agreement as may be necessary to effectuate the recording and filing of this Agreement against the Property. 15. Severability. If any term, provision, or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement (or the application of 7 MA745-44-941025.v5 Council Packet Page Number 75 of 95 I1, Attachment 1 such term, provision, or condition to persons or circumstances other than those in respect to which it is invalid or unenforceable) shall not be affected, and each term, provision, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16. Compliance with Laws and Regulations. I n performing all obligations contained herein, the Parties must abide by all applicable federal, state, and local statutes, ordinances, rules, and regulations. 17. Termination of Agreement. This Agreement shall terminate upon the satisfactory completion of the Work by the Owner, in the City’s sole discretion, or, if the City undertakes any of the Work, upon final payment of the special assessment levied against the Property regarding said Work. Upon termination of this Agreement, the City shall thereafter execute and deliver such documents, in recordable form, that are necessary to extinguish its rights hereunder. 18. Attorney Representation. The Parties acknowledge that they have been represented by counsel in connection with the execution of this Agreement and intend that no rules construing provisions of this Agreement against the position of the drafter shall be applied. The Parties further represent and declare that in executing this Agreementthey have relied solely upon their own judgment, belief and knowledge, or the advice and recommendation of their own independently selected counsel, and that they have not been influenced to any extent whatsoever in executing this document by any representations or statements except those expressly contained or referred to in this Agreement. \[SIGNATURE PAGES FOLLOW\] 8 MA745-44-941025.v5 Council Packet Page Number 76 of 95 I1, Attachment 1 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed in their names and on their behalf on or as of the dates indicated herein. THE CITY: By: ________________________________ Marylee Abrams, Mayor By: ________________________________ Michael Sable, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ___ day of ______________, 2024, by Marylee Abrams and Michael Sable, the mayor and city manager, respectively, of the city of Maplewood, a Minnesota municipal corporation, on behalf of the city. ______________________________ Notary Public 9 MA745-44-941025.v5 Council Packet Page Number 77 of 95 I1, Attachment 1 THE OWNER: By: ________________________________ Bill Acree STATE OF _____________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ___ day of ______________, 2024, by Bill Acree, a single individual. ______________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 10 MA745-44-941025.v5 Council Packet Page Number 78 of 95 I1, Attachment 1 EXHIBIT A Legal Description of the Property Lot 3, Block 3, Maple Greens 2nd Addition, Ramsey County, Minnesota Abstract Property A-1 MA745-44-941025.v5 Council Packet Page Number 79 of 95 I1, Attachment 1 EXHIBIT B The Work shall consist of completing all of the following within the Property’s exterior: 1. Remove and properly dispose of (or store indoors) all damaged and unused lawn ornaments, pots, umbrellas, and lawn furniture with mold or mildew; 2. Remove and properly dispose of (or store indoors) all junk appliances and scrap materials, including, but not limited to, inoperable heating devices, building and landscaping debris, appliances that are intended for use indoors, and accumulation of junk items on rear deck; 3. Remove and properly dispose of (or store indoors) all chairs, tables, umbrellas, and fire pits (except that one fire pit and three tables, each with a functioning umbrella, one large overhang umbrella,and 16 total chairs, may remain in the rear yard if they are not broken and cleaned or power washed); 4. Remove and properly dispose of (or store indoors) all containers with standing water and hoses (except that no more than two hoses may remain). This includes all pots, bird baths, and other containers that are unmaintained with standing water; 5. Remove and properly dispose of (or store indoors) all inoperable or nonfunctioning hot tubs; 6. Remove and properly dispose of (or store indoors) unused extension cords and grills (except that no more than five grills may remain); 7. Remove and properly dispose of (or store indoors) all saws and other serrated tools and gardening tools; 8. Remove and properly dispose of all noxious weeds, branches, and overgrown vegetation; 9. Remove and properly dispose of (or store indoors) all storage bins and other storage containers (including coolers) and piles of debris from the Property’s exterior (except that the existing storage bins located on the ________________ of the Property that are used to store cushions for outdoor furniture may remain); 10. Clean or power wash all lawn furniture that remains to remove layers of mold and mildew; and 11. Remove and properly dispose of (or store indoors) all exterior storage on the front entryway and sidewalk leading to the driveway, except that single bench and two chairs may remain. B-1 MA745-44-941025.v5 Council Packet Page Number 80 of 95 I1, Attachment 2 Council Packet Page Number 81 of 95 I1, Attachment 2 Council Packet Page Number 82 of 95 I1, Attachment 2 Council Packet Page Number 83 of 95 I1, Attachment 2 Council Packet Page Number 84 of 95 I1, Attachment 2 Council Packet Page Number 85 of 95 I1, Attachment 2 Council Packet Page Number 86 of 95 I1, Attachment 2 Council Packet Page Number 87 of 95 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 88 of 95 K1 CITY COUNCILSTAFF REPORT Meeting Date July 8, 2024 REPORT TO:MichaelSable, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Resolution Receiving Bids and Awarding Construction Contract, 2024 EAB Mitigation Project, City Project 23-17 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City of Maplewood was selected for a Shade Tree Bonding Grant through the Minnesota Department of Natural Resources (MN DNR) to remove and replace ash trees affected by the Emerald Ash Borer (EAB) within the Public right-of-way and parks. The City Council approved the grant agreement with the MN DNR at the April 22, 2024 Council meeting. The City Council subsequently authorized the advertisement for bids on May 28, 2024. Plans and specifications for the 2024 EAB Mitigation Project were advertised for bids and a bid opening was held on June 25, 2024. These bids have been tabulated and checked for accuracy, with TreeStory, Inc. submitting the lowest responsible bid that removes and replaces the most EAB affected ash trees. The City Council will consider approving a resolution to receive bids and awarding a construction contract to TreeStory, Inc. for the 2024 EAB Mitigation Project, City Project 23-17. Receiving bids and awarding a contract is one of the last steps in the process prior to starting tree removals and replacements. Recommended Action: Motion to approve the resolution receiving bids and awarding a construction contract for the 2024 EAB Mitigation Project, City Project 23-17, to TreeStory, Inc. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $87,000 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The grant provides $450,000 for the removal and replacement of EAB affected ash trees within City right-of-ways and active areas of City parks. The City’s share of this project is $87,000 for three years of tree maintenance for the Council Packet Page Number 89 of 95 K1 newly planted trees.TheCity’s share is proposed to be funded through the Street Revitalization Fund (SRF). Strategic Plan Relevance: Community Inclusiveness Financial and Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The City’s urban forest is an important asset to the City and the public. EAB has had a significant impact on the health of ash trees in Maplewood and surrounding metro area. This project will remove 204 EAB impacted ash trees within the City right-of-ways and active areas of City parks. Climate adaptive replacement trees will be installed near tree removal locations on a one for one basis to aid in replenishing the urban tree canopy. Background: Based on the 2011 tree survey, it was estimated that there were approximately 2,138 ash trees located in City right-of-way or on City property. Approximately 1,348 of these ash trees have been removed by Public Works crews via awarded grants, and City street improvement projects. This leaves approximately 790 public ash trees that will need to be addressed due to EAB impacts. At the September 11, 2023 Council Workshop, staff presented on EAB impacts, ash tree removals by staff, awarded grant updates, and upcoming DNR grant opportunities. Following the workshop staff applied for the DNR’s Shade Tree Program grant. This grant provides funding for the removal and replacement of ash trees located in City right-of-ways or on City park land that pose significant public safety concerns. Projects that benefit underserved populations and areas of concern for environmental justice were given priority in the selection process. Using information from Minnesota’s Pollution Control Agency’s (MPCA) GIS site for understanding environmental justice in Minnesota we identified the top three Census tracks that will have the most benefit to environmental justice priority populations. These three Census tracks are located east of Rice Street, north of Larpenteur Avenue, west of Hazelwood Street, and south of Highway 36. The City further reviewed its Climate Adaptation Plan to further confirm that these three Census tracks were the best location to concentrate the proposed project. The Climate Adaptation Plan depicted these areas of Maplewood as having some of the highest priority rankings throughout the City for a healthy tree canopy in terms of environmental equity, heat island reduction, stormwater uptake, and carbon sequestration. There are an estimated 256 public ash trees within City right-of- way and active park areas in the proposed project area. As there are more trees to be removed than what the funding is able to cover in the project area, we will be identifying project ash trees starting at Rice Street and working to the east. The new trees are required to be planted near the location of the removed ash trees. As part of the grant requirements the City must plant a diverse selection of climate adaptive trees to help prevent large areas of public trees being impacted by future disease or insects. Therefore, staff will develop a tree planting plan for the project area. As part of the grant, the City is required to have a three-year maintenance plan to help ensure the successful establishment of the newly planted trees. The costs associated with the maintenance Council Packet Page Number 90 of 95 K1 plan is not a grant eligible item. Funding for the maintenance plan will be funded bythe Street Revitalization Fund (SRF). The goal of this project is to remove and replace as many EAB affected ash trees as possible within the specified grant amount. As such, the bid process was setup to award the contract to the contractor that could provide the lowest overall unit cost per tree removed. Two valid bids were received as shown in the following table. Bid Tabulation BidderNumber of Trees Overall Unit Cost per Tree Removed for $450,000 Including 3-Year Maintenance TreeStory, Inc.204 $2,632.35 Carr’s Tree Service 194 $2,654.64 Staff finds the bids received competitive and responsible in nature. Likewise, staff contacted references for TreeStory, Inc. and finds them to have the expertise to perform this project. The removal and replacement of the trees will be funded through the $450,000 Shade Tree Bonding Grant from the MN DNR. The City’s share of this project is $87,000 for three years of tree maintenance for the newly planted trees. The City’s share is proposed to be funded through the Street Revitalization Fund. This project and grant funding will help the City by addressing public ash trees that have been affected by EAB along City roads or in City parks. Public Works staff will continue to address public ash trees throughout the City as available resources allow. Staff recommends awarding the contract to the low bidder, TreeStory, Inc. Attachments: 1.Resolution Receiving Bids and Awarding Construction Contract Council Packet Page Number 91 of 95 K1, Attachment 1 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to a resolution of the City Council adopted April 22nd, 2024, that approved a grant agreement between the City of Maplewood and the Minnesota Department of Natural Resources for the Shade Tree Program Bonding Grants, 2023-2027, and WHEREAS, pursuant to a resolution passed by the City Council on May 28, 2024, approving plans and specifications and advertising for bids for the 2024 EAB Mitigation Project, City Project 23-17, and WHEREAS, the plans and specifications were advertised for bids, and WHEREAS, bids were received and opened on June 25, 2024 at 10:00 A.M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the bid of TreeStory, Inc. in the amount of $537,000 is the lowest responsible bid for the completion of the 2024 EAB Mitigation Project, City Project 23-17, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The financing plan for the 2024 EAB Mitigation Project, City Project 23-17 includes a $450,000 contribution from the MN DNR in the form of a Shade Tree Bonding Grant and a contribution from the Street Revitalization fund in the amount of $87,000. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. th Approved this 8day of July, 2024. Council Packet Page Number 92 of 95 K2 CITY COUNCILSTAFF REPORT Meeting Date July 8, 2024 REPORT TO:MichaelSable, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Resolution Receiving Bids and Awarding Construction Contract, 2024 Maplewood Stump Grinding Project, City Project 24-09 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council will consider awarding a contract for the grinding of stumps from trees removed by the City during the winter and spring of 2023-2024. Recommended Action: Motion to approve the resolution receiving bids and awarding a construction contract for the 2024 Maplewood Stump Grinding Project, City Project 24-09, to TreeStory, Inc. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $134,805 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The cost of this projectis proposed to be funded through the Street Revitalization Fund (SRF). Strategic Plan Relevance: Community InclusivenessFinancial and Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The City’s urban forest is an important asset to the City and the public. Emerald Ash Borer (EAB) has had a significant impact on the health of ash trees in Maplewood and surrounding metro area. This project will remove stumps leftover from EAB affected tree removals and restore the disturbed boulevard areas. Background During the winter and spring of 2023-2024, City Public Works and Parks Department staff removed 473 EAB affected ash trees from right-of-way and park areas throughout the City. These trees were Council Packet Page Number 93 of 95 K2 cut as close as possible to the ground, with only the stumps remaining. This contract includes the grinding out of these stumps, the removal of the grinding debris, and the restoration of the area disturbed by the grinding operations. Due to the high quantity of stumps needing to be ground out this year, along with a cost likely exceeding $100,000, this project was sent out for public bids in line with the City’s purchasing policies. An advertisement for bids was sent out in early June, with a bid opening held on June 28, 2024. Two valid bids were received as shown in the following table. BidTabulation Bidder Total Cost TreeStory, Inc. $134,805.00 Carr’s Tree Service $298,969.11 Staff finds the bid from TreeStory, Inc. of $134,805 to be competitive and responsible in nature. Likewise, staff contacted references for TreeStory, Inc. and finds them to have the expertise to perform this project. The cost for this project is proposed to be funded through the Street Revitalization Fund. Staff recommends awarding the contract to the low bidder, TreeStory, Inc. Attachments 1.Resolution Receiving Bids and Awarding Construction Contract Council Packet Page Number 94 of 95 K2, Attachment 1 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, the plans and specifications for the 2024 Maplewood Stump Grinding Project, City Project 24-09 were advertised for bids, and WHEREAS, bids were received and opened on June 28, 2024 at 10:00 A.M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the bid of TreeStory, Inc. in the amount of $134,805.00 is the lowest responsible bid for the completion of the 2024 Maplewood Stump Grinding Project, City Project 24-09, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The cost for the 2024 Maplewood Stump Grinding Project, City Project 24-09 shall be paid for via the Street Revitalization fund. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. th Approved this 8day of July, 2024. Council Packet Page Number 95 of 95