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2014 07-28 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 28, 2014 City Hall, Council Chambers Meeting No. 13-14 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. 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.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of July 14, 2014 City Council Workshop Minutes 2. Approval of July 14, 2014 City Council Meeting Minutes F. APPOINTMENTS AND 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. 1. Approval of Claims 2. Approval of Resolution for 2014 Pay Rates for Temporary/Seasonal and Casual Part-Time Employees 3. Approval of a Temporary Lawful Gambling Permit for the Church of St. Jerome and Waiver of Permit Fees 4. Approval of an Environmental Assistance Grant Program Submittal with the Minnesota Pollution Control Agency 5. Approval of a Conditional Use Permit Review, All Metro Glass, 1357 Cope Avenue 6. Approval of a Conditional Use Permit Review, South Metro Human Services Mental Health Care Facility, 1111 Viking Drive 7. Approval of a Conditional Use Permit Review, Our City, Our Neighborhood Church, 1812 North Saint Paul Road 8. Approval of a Conditional Use Permit Review, Greenhouse at Harmony Learning Center, 1961 County Road C East 9. Approval of Resolution Accepting a Donation to the Fire Department from Bradley Werdal 10. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 5 - PDEP Phase 3 11. Authorization to Purchase Security System Updates 12. Approval of 2014 Playground Replacement Plan 13. Approval of License Agreement with Ramsey County Regional Rail Authority for Interpretive Kiosk Installation, TH 36/English Street Interchange Improvements, City Project 09-08 14. Approval to Use the Services of Hugo’s Tree Care 15. Approval of Resolution Supporting Closest Unit Dispatching in Life Safety Emergency Cases 16. Approval of Resolution Accepting Donation to Maplewood Police Reserves from Ramsey County Fair H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Approval of Amendments to the Ordinance Regulating Tattoo Establishments—Second Reading 2. Approval of the Following Requests for the Days Inn Conversion to Senior Housing at 3030 Southlawn Drive a. A Conditional Use Permit to Allow Multi-Family Housing in a Business Commercial District b. A Parking Reduction for Fewer Parking Spaces than Required c. A Unit-Size Reduction Variance d. Design Plans J. NEW BUSINESS 1. Approval of Agreement with Yale Mechanical for City-Wide HVAC Maintenance Services 2. Approval of Professional Services Agreement for Municipal Buildings Asset Management Study, City Project 14-12 K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update N. COUNCIL PRESENTATIONS O. 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 OUR COMMUNITY Following are some 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: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, July 14, 2014 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:05 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present – Arrived at 5:20 p.m. Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present C. APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Public Art Discussion Parks Manager Taylor gave the staff report. Lil Leatham, Project Manager with Hoisington Koegler Group (HKGi) gave an update on the development of Maplewood’s Parks Master Plan. Jack Becker, Executive Director of Forecast Public Art addressed the council and gave a presentation on the importance of integrating public art throughout the city. 2. Discussion and Review of City-Owned Parcels Currently for Sale Interim City Manager Coleman gave the staff report and answered questions of the council. 3. Presentation on Conducting City Business for City Council Interim City Manager Coleman and Citizen Services Director Guilfoile gave the staff presentation and answered questions of the council. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 6:50 p.m. July 14, 2014 City Council Workshop Minutes 1 Council Packet Page Number 1 of 216 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 14, 2014 Council Chambers, City Hall Meeting No. 11-14 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:03 p.m. by Mayor Slawik. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA N1 Manager Search N6 Committee Reports N2 National Night Out N7 Ramsey County Fair N3 Update on the Cable Commission N8 Keller Phalen Park N4 Reopening of Keller Golf Course N9 Update on Regional Mayors Meeting N5 Update on City Manager Meeting N10 Gateway Corridor Commission Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of June 23, 2014 City Council Workshop Minutes Councilmember Juenemann moved to approve the June 23, 2014 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of June 23, 2014 City Council Meeting Minutes Councilmember Juenemann moved to approve the June 23, 2014 City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. Page 1 of 56 Council Packet Page Number 2 of 216 E2 F. APPOINTMENTS AND PRESENTATIONS None G. CONSENT AGENDA Councilmember Juenemann requested items G6, G12 and G13 be highlighted. Councilmember Cardinal requested items G8 and G9 be highlighted. Councilmember Juenemann moved to approve agenda items G1-G13. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE $ 1,496,032.90 Checks #92744 thru # 92784 dated 06/24/14 $ 161,049.21 Disbursements via debits to checking account dated 06/16/14 thru 06/20/14 $ 238,111.65 Checks # 92785 thru #92826 dated 06/24/14 thru 07/01/14 $ 537,356.34 Disbursements via debits to checking account dated 06/23/14 thru 06/27/14 $ 2,432,550.10 Total Accounts Payable PAYROLL $ 524,064.24 Payroll Checks and Direct Deposits dated 06/20/14 $ 890.15 Payroll Deduction check # 990054 thru # 990056 dated 06/20/2014 $ 524,954.39 Total Payroll $ 2,957,504.49 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Transfers to Close Capital Funds Councilmember Juenemann moved to approve the following transfers: Page 2 of 56 Council Packet Page Number 3 of 216 E2 (1) A transfer of $7,543.88 from fund 446 (11-22) to fund 604 (EUF), (2) A transfer of $191,870.05 from fund 547 (03-15) to fund 365 (Series 2012A), (3) A transfer of $59,547.58 from fund 547 (03-15) to fund 507 (09-04), (4) A transfer of $194,975.71 from fund 504 (08-13) to fund 507 (09-04), (5) A transfer of $185,615.06 from fund 527 (11-14) to fund 365 (Series 2012A), (6) The appropriate budget changes. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of Resolution Certifying Election Judges for the August 12, 2014 Primary State Election Councilmember Juenemann moved to approve the Resolution Certifying Election Judges for the August 12, 2014 State Primary Election. Resolution 14-7-1087 Accepting Election Judges RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2014 Primary Election to be held on Tuesday, August 12, 2014. Achmeier, Kevin Aikens, Meridith Allen, Jim Anderson, Beverly Anderson, Nancy Anderson, Suzanne Anderson, Carole Anderson, Sam Ansari, Ahsan Arnold, Ajla Babin, Paul Bartelt, Joan Bedor, David Beggs, Regan Behr, Jeanette Belland, Jaime Bierbaum, Al Bierwerth, Sharon Bjorklund, Diane Bolden, Donita Booher, Michele Bortz, Albert Bortz, Jeanne Brandon, Richard Brandon, Ginny Bricher, Denise Brunotte, Jessica Bunkowske, Bernice Bunkowske, Eugene Campbell, Lyla Carle, Jeanette Carson, Helen Carson, Justin Carson, Fannie Casserly, Debra Cermak, Kiley Cleland, Ann Clothier, Barb Combe, Edward Connelly, Thomas Connolly, Colleen Conover, Florence Coyle, Jim Coyle, Rose Crist, Ann Dahl, Bonnie DeBernardi, Nancy Delveaux, jay Delveaux, Jay Desai, Kalpana DeZelar, Phil Dickerson, Charlene Dickerson, Glenndell Dickson, Helen Jean Diebel, Steve Dittli, Albin Domeier, Kathy Dougherty, Tom Dougherty, Tom Droeger, Diane Duellman, Audrey Dunham, Bob Duscher, Marilyn Eickhoff, Carolyn Ek, John Ek, Susan Elliott, Michael Evans, Carol Ewald, Jeanne Fitzgerald, Delores Fowler, Cynthia Franzen, Nick Freer, Mary Jo Fuller, Mary Katherine Gaboury, Shirley Gardner, Gary Garvey, Terrence Gebauer, Victor Gerlach, Barbara Gerten, John Glaeser, Mary Golaski, Diane Gravink, Barb Gudknecht, Jamie Gustafson, Dianne Guthrie, Rosie Haddad, Joyce Hafner, Michael Hahn, Sandra Hahn , Vonna Page 3 of 56 Council Packet Page Number 4 of 216 E2 Hale, Linda Hanson, Joan Harder, Mary Hart, Barbara Hart, Robert Herber, Darlene Hervig, Cindy Hinnenkamp, Gary Hulet, Robert Hulet, Jeanette Huth, Patricia Huth, Raymond Ingersoll, Carol Inhofer, Mary Claire Jagoe, Carol Jahn, David Jefferson, Gwendolyn Jensen, Robert Johannessen, Judith Johansen, Kathleen Johnson, Warren Johnson, Cheryle Jones, Shirley Jurmu, Joyce Kane, Myrna Kapfer, Deb Kaul, Shirley Kearn, Barbara Kipka, Judy Knauss, Carol Knutson, Lois Kramer, Dennis Krebsbach, John Kreger, Jason Kroll, Judith Kwapick, Jackie Labarre, Thomas Labossiere, Donna LaCasse, Annette Lackner, Marvella Laibson-Brown, Cameo Lampe, Charlotte Lauren, Lorraine Layer, Stephanie Layer, Tom Leach, Joanne Leonard, Claudette Letourneau, Sandra Limon, Rosella Lincowski, Steve Liptak, Marianne Loipersbeck, Darlene Loipersbeck, Jules Lonetti, Claudia Lowery, Jr., Paul Mahowald, Valerie Mahre, Jeri Malecki, Edward Manke, Clarence Manthey, John Maskrey, Thomas McCain, Shance McCann, John McCarthy, Peggy McCarthy, Larry McCarthy, Ryan McCauley, Judy McDonough, Carol McDonough, Joan McNea, Rosemary Meyer, Kayleen Mielke, Karen Millette, James Mireau, Michael Moreno, Marlene Motz, Betty Mudek, Dolores Muenchow, Mike Nelson, Percy Nelson, Clare Newcomb, Mary Nichol, Jane Nichols, Miranda Nissen, Helen Norberg, Ann O'Brien, D. William (Bill) Olson, Anita Pai, Shantal Parent, Dian Pedersen, Bernard Peper, Marilyn Perzichilli, Devrie Petrie, Linda Plaster, Rae Plath, Orlin Plumbo, Joseph Posch, Roger Putz, Steve Putz, Shelly Reeve, Claudia Renslow, Rita Roadfeldt, Rita Rodriguez, Vincent Rossbach, Teresa Rubbert, Shirley Rudeen, Elaine Rygg, Crystal Sagert, Chris Sandberg, Janet Sands, Warren Saniti, Laurie Sauer, Kathleen Sawyer, Sharon Scharnott, Thomas Schiff, Marge Schluender, Cynthia Schmidt, William Schneider, Mary Ann Schramel, Betty Schramel, Jim Seelen, Sarah Seidel, Gloria Seitz, James Seyfer, Deborah Shankar, Ananth Sheppard, Maryjean Shores, Teresa Skaar, Steven Skaar, Delaney Skaar, Susan Sorenson, Kathy Spangler, Bob Stafki, Tim Steenberg, Judith Steenberg, Richard Storm, Mary Tarnowski, Joseph Taylor, Lori Thomalla, Carol Thomas, Jeff Thomas, Jeff Thompson, Jerrilyn Tietel, Lynn Tourville, Michael Tourville, Michael Trippler, Dale Tschida, Micki Urbanski, Carolyn Urbanski, Holly Urbanski, William Vanek, Mary Vereide, Jim Wagner, Joanne Wasmundt, Gayle Webb, Paulette Weinberg, Vicki Wessel, Warren White, Greg Wiesner, Robert July 14, 2014 City Council Meeting Minutes 4 Council Packet Page Number 5 of 216 E2 Witschen, Delores Wolfe-Haider, Mary Jo Wolfgram, Dorothy Yorkovich, Cindy Zian, Helen Zipko, Leroy Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of a Fee Waiver for a Temporary Food Sales Permit for Boy Scouts of America Troop #461 Councilmember Juenemann moved to approve to waive the fee of $55.00 for a Temporary Food Sales Permit for Boy Scouts of America Troop #461. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of a Temporary Lawful Gambling Permit and Waiver of Permit Fee for the St. Paul East Parks Lions Club, 2100 White Bear Avenue Councilmember Juenemann moved to approve the Resolution for a Temporary Lawful Gambling Permit and waive the fee of $58.00 for the St. Paul East Parks Lions to be used at the Maplewood Community Center, 2100 White Bear Avenue. Resolution 14-7-1088 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary lawful gambling permit is approved for the St. Paul East Parks Lions to be used at the Maplewood Community Center, 2100 White Bear Avenue, Maplewood, MN on July 24, 2014. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval to Accept Donation from Macy's “I Heart a Park” Program Public Works Director/City Engineer Thompson gave the staff report. Councilmember Juenemann moved to approve the resolution to accept the donation of $250 from Macy’s “I Heart a Park” Program. Resolution 14-7-1100 July 14, 2014 City Council Meeting Minutes 5 Council Packet Page Number 6 of 216 E2 Acceptance of Donation WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $250.00 from Macy’s I Heart Your Park Campaign. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood Parks and Recreation Department to accept this donation. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval of Resolution for Final Payment and Acceptance of Project, Joy Park Phase II Councilmember Juenemann moved to approve the Resolution for Final Payment of $243,535.22 and Acceptance of Project, Joy Park Phase II. Resolution 14-7-1089 Approving Final Payment and Acceptance of Project Joy Park Phase II Improvements WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Joy Park Phase II Improvements, and has let a construction contract pursuant to Minnesota Statues, Chapter 471; and WHEREAS, the Director of Parks and Recreation for the City of Maplewood has determined that Joy Park Phase II Improvements, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. Joy Park Phase II Improvements is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $243,535.22. Final payment to Hardrives, Inc., and the release of any retainage or escrow is hereby authorized. Approved this 14th day of July 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of Lot Repurchase Request for 1713 Laurie Road East Senior Planner Ekstrand gave the staff report. Councilmember Juenemann moved to approve the resolution recommending the Ramsey County Board of Commissioners approve the repurchase application submitted for property located at 1713 Laurie Road E. Resolution 14-7-1090 July 14, 2014 City Council Meeting Minutes 6 Council Packet Page Number 7 of 216 E2 Supporting the Repurchase Application Submitted to Ramsey County for Property Located at 1713 Laurie Road E. WHEREAS, the property located at 1713 Laurie Road E. was forfeited to the State of Minnesota for non-payment of taxes on August 1, 2013; WHEREAS, the prior owner's son has filed a repurchase application with Ramsey County; WHEREAS, it is the Ramsey County Board’s policy that repurchase applications be reviewed by the municipality in which the property is located who shall adopt a resolution recommending approval or denial of said application; WHEREAS, the municipality shall consider in its recommendation whether the property is considered a municipal problem based on illegal activity, code violations or health and safety violations; WHEREAS, the city’s police, building code, zoning code and health personnel have all confirmed that their records show no violations of any sort at this property in the evaluation period of the previous five years; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby recommends to the Ramsey County Board of Commissioners approval of the repurchase application submitted by the prior owner's son of property located at 1713 Laurie Road E. The Maplewood City Council approved this resolution on July 14, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Ap proval of Lot Repurchase Request for Properties South of 2036 English Street North Senior Planner Ekstrand gave the staff report. Councilmember Juenemann moved to approve the resolution recommending the Ramsey County Board of Commissioners approve the purchase application submitted for properties south of 2036 English Street N., PIN 15-29-22-23-0061 and PIN 15-29-22-23-0089. Resolution 14-7-1091 Supporting the Repurchase Application Submitted to Ramsey County for Properties South of 2036 English St. North WHEREAS, the properties located south of 2036 English St. N., (PIN: 15-29-22-23- 0061) and (PIN: 15-29-22-23-0089) were forfeited to the State of Minnesota for non-payment of taxes on August 1, 2013; WHEREAS, the prior owner of this property has filed a repurchase application with Ramsey County; WHEREAS, it is the Ramsey County Board’s policy that repurchase applications be reviewed by the municipality in which the property is located who shall adopt a resolution July 14, 2014 City Council Meeting Minutes 7 Council Packet Page Number 8 of 216 E2 recommending approval or denial of said application; WHEREAS, the municipality shall consider in its recommendation whether the property is considered a municipal problem based on illegal activity, code violations or health and safety violations; WHEREAS, the city’s police, building code, zoning code and health personnel have all confirmed that their records show no violations of any sort at these properties in the evaluation period of the previous five years; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby recommends to the Ramsey County Board of Commissioners approval of the repurchase application submitted by the prior owners of property located south of 2036 English St. N., (PIN: 15-29-22-23-0061) and (PIN: 15-29-22-23-0089) The Maplewood City Council approved this resolution on July 14, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 10. Approval of Work on Fleet Garage Doors at 1902 County Road B East Councilmember Juenemann moved to approve the replacement of the garage doors and repair work for the Public Works Fleet garage doors by Overhead Door Company in the amount of $22,368. Seconded by Councilmember Koppen Ayes – All The motion passed. 11. Approval of Agreement for Professional Services, County Road B Trail and Safety Improvements, City Project 14-02 Councilmember Juenemann moved to approve the City Manager and City Engineer to sign Work Order No. 12 for the design and property acquisition for the County Road B Trail and Safety Improvements, City Project 14-02 in the amount of $201,517 with Bolton and Menk, Inc. which also signifies an adjustment in the existing $50,000 project budget. Seconded by Councilmember Koppen Ayes – All The motion passed. 12. Approval to Donate Lockers to Harmony School Police Chief Schnell gave the staff report. Councilmember Juenemann moved to approve the resolution to donate any usable lockers from the Police Department Expansion Project to ISD 622 Harmony School. Resolution 14-7-1092 Approval of Donation July 14, 2014 City Council Meeting Minutes 8 Council Packet Page Number 9 of 216 E2 WHERAS the City of Maplewood and the Police Department, during the remodeling of the Police Department have lockers that are no longer needed and, WHERAS the City of Maplewood has received interest from Harmony School, an ISD 622 school, in repurposing the lockers. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Police Department to donate said lockers to Harmony School. Seconded by Councilmember Koppen Ayes – All The motion passed. 13. Approval of Purchase Agreement for the Century Avenue Fire Station, 1177 North Century Avenue Interim City Manager Coleman gave the staff report. Councilmember Juenemann moved to approve the Mayor and City Manager to execute the Purchase Agreement for the Century Avenue Fire Station, 1177 North Century Avenue in current form or a form that maintains the material intent and monetary return to/for the City. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING 1. Approval of Amendments to the Ordinance Regulating Tattoo Establishments— First Reading Citizen Services Director Guilfoile gave the staff report. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Cardinal moved to approve the first reading of the proposed amendments to City Code Chapter 14, Article XVII the Ordinance Regulating Tattoo Establishments to become as restrictive as or more restrictive than State Statute and to include the regulation of body art establishments. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Warehousing in Business Commercial Districts by Conditional Use Permit Ordinance Amendment—Second Reading Senior Planner Ekstrand gave the staff report. Mayor Slawik opened the public hearing. No one spoke. July 14, 2014 City Council Meeting Minutes 9 Council Packet Page Number 10 of 216 E2 Mayor Slawik closed the public hearing. Councilmember Cardinal moved to approve the second reading to adopt the ordinance amendment to Section 44-512(4) to allow warehousing in BC (business commercial) districts by conditional use permit. Ordinance 936 An Ordinance Amendment to Allow Warehousing in BC (Business Commercial) Zoning Districts by Conditional Use Permit The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined.) Section 1. Section 44-512(4) of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 44-512. Conditional Uses. In a BC business commercial district, the following uses must have a conditional use permit: (4) Interior storage or warehouses, the exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or wrecking yard. The city may require screening of such uses pursuant to the screening requirements of subsection (6.a.) of this section. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on July 14, 2014. Seconded by Councilmember Abrams Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Approve Resolutions Awarding Bond Sale - General Obligation Bonds 2014A and 2014B Finance Director Bauman gave the introductory report and then introduced Terri Heaton from Springsted who gave the report. Councilmember Juenemann moved to approve the Resolutions Awarding Bond Sale pending a favorable recommendation from Springsted, Incorporated. Resolution 14-7-1093 RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $7,745,000 GENERAL OBLIGATION BONDS, SERIES 2014A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has July 14, 2014 City Council Meeting Minutes 10 Council Packet Page Number 11 of 216 E2 heretofore determined and declared that it is necessary and expedient to issue $7,745,000 General Obligation Bonds, Series 2014A (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and: 1. Chapter 429, to finance the construction of various street improvement projects within the City (the "Improvements"), in the amount of $3,335,000 (the "Improvement Portion of the Bonds"). The Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and 2. Section 412.301 to finance the purchase of capital equipment (the "Equipment"), in the amount of $565,000 (the "Equipment Portion of the Bonds"). Each item of Equipment to be financed by the Equipment Portion of the Bonds has an expected useful life at least as long as the term of the Equipment Portion of the Bonds. The principal amount of the Equipment Portion of the Bonds does not exceed one-quarter of one percent (0.25%) of the market value of the taxable property in the City ($3,174,211,200 times 0.25% is $7,935,528); and 3. Section 475.521 to finance improvements outlined in the City’s Capital Improvement Plan (the “CIP Improvements”) in the amount of $2,775,000 (the "CIP Portion of the Bonds”). The City held a public hearing on July 22, 2013, on the proposed issuance of general obligation capital improvement plan bonds and, pursuant to a resolution approved and adopted the 2014 through 2018 Five-Year Capital Improvement Plan (the "CIP Plan"), and approved the issuance of general obligation capital improvement plan bonds to finance a public safety facility described in the Plan (the “CIP Project"); and 4. Chapter 469 to finance certain capital and administration costs, consisting of public improvements outlined in the City’s tax increment financing plan (the “TIF Plan”) in the amount of $1,070,000(the “TIF Portion of the Bonds”); and B. WHEREAS, no petition signed by voters equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the general obligation capital improvement plan bonds has been filed with the Clerk within thirty days after the public hearing on the CIP Plan and on the issuance of the general obligation capital improvement plan bonds; and the City has heretofore determined, in accordance with Minnesota Statutes, Section 475.521, Subd. 4, that the principal and interest to become due in any year on the CIP Portion of the Bonds, will be less than 0.16 percent of the taxable market value of property in the City; and other than the Bonds and the Prior Bonds, there are no other bonds issued by the City under Minnesota Statutes, Section 475.521; and C. WHEREAS, the City has heretofore established Municipal Development District No. 1 (the "Development District") pursuant to the provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a Development Program (the "Program") with respect to the Development District; and D. WHEREAS, the Council has also heretofore established Tax Increment Financing (Redevelopment) District No. 1-12 as a redevelopment district within the Development District (the "Tax Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and has approved the tax increment financing plan (the "TIF Plan") with respect to the Tax Increment District; and E. WHEREAS, pursuant to the provisions of the Program and TIF Plan, funds are to be expended within the Development District to provide funds to finance certain capital and administration costs, consisting of public improvements within the Tax Increment District as set forth July 14, 2014 City Council Meeting Minutes 11 Council Packet Page Number 12 of 216 E2 in the TIF Plan (the "TIF Project") and tax increments derived from the Tax Increment District (the "Tax Increments") will be used to pay for the TIF Project; and F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Robert W. Baird & Company, Incorporated in Milwaukee, Wisconsin (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $8,004,759.88, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated August 1, 2014, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2016 $240,000 2025 $465,000 2017 375,000 2026 475,000 2018 410,000 2027 490,000 2019 435,000 2028 510,000 2020 445,000 2029 520,000 2021 460,000 2030 540,000 2022 480,000 2032 335,000 2023 500,000 2035 545,000 2024 520,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation. The Improvement Portion of the Bonds, being the aggregate principal amount of $3,335,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Improvements. The Equipment Portion of the Bonds, being the aggregate principal amount of $565,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. The CIP Portion of the Bonds, being the aggregate principal amount of $2,775,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the CIP Improvements. The TIF Portion of the Bonds, being the aggregate principal amount of $1,070,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the TIF Project. Year Improvement Portion Equipment Portion CIP Portion TIF Portion Total July 14, 2014 City Council Meeting Minutes 12 Council Packet Page Number 13 of 216 E2 2016 $130,000 $50,000 $ 60,000 $240,000 2017 185,000 60,000 105,000 $ 25,000 375,000 2018 190,000 60,000 110,000 50,000 410,000 2019 195,000 60,000 110,000 70,000 435,000 2020 200,000 60,000 115,000 70,000 445,000 2021 205,000 65,000 120,000 70,000 460,000 2022 215,000 65,000 125,000 75,000 480,000 2023 225,000 70,000 125,000 80,000 500,000 2024 230,000 75,000 135,000 80,000 520,000 2025 240,000 140,000 85,000 465,000 2026 250,000 140,000 85,000 475,000 2027 255,000 145,000 90,000 490,000 2028 265,000 150,000 95,000 510,000 2029 270,000 155,000 95,000 520,000 2030 280,000 160,000 100,000 540,000 2031 165,000 165,000 2032 170,000 170,000 2033 175,000 175,000 2034 180,000 180,000 2035 190,000 190,000 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of a prepayment is special assessments pledged to the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. If the source of prepayment is tax increment revenues pledged to the TIF Project, the prepayment shall be allocated to the TIF Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. July 14, 2014 City Council Meeting Minutes 13 Council Packet Page Number 14 of 216 E2 (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form July 14, 2014 City Council Meeting Minutes 14 Council Packet Page Number 15 of 216 E2 shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. July 14, 2014 City Council Meeting Minutes 15 Council Packet Page Number 16 of 216 E2 3. Purpose. The Improvement Portion of the Bonds shall provide funds to finance the Improvements. The Equipment Portion of the Bonds shall provide funds to finance acquisition and installation of the Equipment. The CIP Portion of the Bonds shall provide funds to finance the CIP Improvements. The TIF Portion of the Bonds shall provide funds to finance the TIF Project. The Improvements, the Equipment, the CIP Improvements and the TIF Project are herein referred to together as the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2016 2.00% 2025 3.00% 2017 2.00 2026 3.00 2018 2.00 2027 3.00 2019 2.00 2028 3.00 2020 4.00 2029 3.00 2021 4.00 2030 3.125 2022 4.00 2032 3.25 2023 4.00 2035 3.50 2024 4.00 5. Redemption. All Bonds maturing on February 1, 2023 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2022, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service July 14, 2014 City Council Meeting Minutes 16 Council Packet Page Number 17 of 216 E2 charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_______ $_________ GENERAL OBLIGATION BOND, SERIES 2014A Interest Rate Maturity Date Date of Original Issue CUSIP February 1, August 1, 2014 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer, acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special July 14, 2014 City Council Meeting Minutes 17 Council Packet Page Number 18 of 216 E2 Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2023, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2022, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $7,745,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on July 14, 2014 (the "Resolution"), for the purpose of providing money to finance various projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2014A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond July 14, 2014 City Council Meeting Minutes 18 Council Packet Page Number 19 of 216 E2 Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor July 14, 2014 City Council Meeting Minutes 19 Council Packet Page Number 20 of 216 E2 Resolution mentioned within. U.S. Bank National Association St. Paul, Minnesota, Bond Registrar By: Authorized Signature /s/ Facsimile City Clerk ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ___________________________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ ___________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ July 14, 2014 City Council Meeting Minutes 20 Council Packet Page Number 21 of 216 E2 ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized signature of Holder July 14, 2014 City Council Meeting Minutes 21 Council Packet Page Number 22 of 216 E2 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is August 1, 2014. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this July 14, 2014 City Council Meeting Minutes 22 Council Packet Page Number 23 of 216 E2 resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2014A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less any accrued interest, less any amount paid for the Bonds in excess of the minimum bid and less capitalized interest. From the Capital Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Capital Account shall be used for no other purpose except as otherwise provided by July 14, 2014 City Council Meeting Minutes 23 Council Packet Page Number 24 of 216 E2 law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes, tax increments or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Project there shall remain any unexpended balance (other than any special assessments) in the Capital Account, the balance shall be transferred to the Debt Service Account or in the case of the bond proceeds attributable to the Improvement Portion the fund of any other improvement instituted pursuant to Minnesota Statutes Chapter 429, and provided further that any special assessments credited to the Capital Account shall only be applied toward payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.1, Subdivision 1. (b) Debt Service Account. There shall be maintained four separate subaccounts in the Debt Service Account to be designated the "Improvements Debt Service Subaccount", the "Equipment Debt Service Subaccount", the “CIP Debt Service Subaccount” and the “TIF Debt Service Subaccount”. There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Improvements Debt Service Subaccount. To the Improvements Debt Service Subaccount there shall be credited: (A) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Capital Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (C) a pro rata share of all accrued interest received upon delivery of the Bonds; (D) capitalized interest in the amount of $________; (E) any collections of all taxes herein or hereafter be levied for the payment of the Improvements Portion of the Bonds and interest thereon; (F) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (G) all investment earnings on funds held in the Improvements Debt Service Subaccount; and (H) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvements Debt Service Subaccount. The Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Improvement Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law (ii) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the Equipment Portion of the Bonds; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (C) a pro rata share of all accrued interest received upon delivery of the Bonds; (D) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (E) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Equipment Portion of the Bonds. (iii) CIP Debt Service Subaccount. To the CIP Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the CIP Portion of the Bonds; (B) a pro rata share of any amount paid for the Bonds in excess of the July 14, 2014 City Council Meeting Minutes 24 Council Packet Page Number 25 of 216 E2 minimum bid; (C) a pro rata share of all accrued interest received upon delivery of the Bonds; (D) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (E) all investment earnings on funds held in the CIP Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the CIP Debt Service Subaccount. The CIP Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the CIP Portion of the Bonds. (iv) TIF Debt Service Subaccount. To the TIF Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the TIF Portion of the Bonds; (B)Tax Increments, in an amount sufficient, together with other sums herein pledged, to pay the annual principal and interest payments on the TIF Portion of the Bonds; (C) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (D) a pro rata share of all accrued interest received upon delivery of the Bonds; (E) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (F) all investment earnings on funds held in the TIF Debt Service Subaccount; and (G) any and all other moneys which are properly available and are appropriated by the governing body of the City to the TIF Debt Service Subaccount. The TIF Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the TIF Portion of the Bonds. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Improvement Portion of the Bonds. (a) Special Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed by the Improvement Portion of the Bonds within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement by the Improvement Portion of the Bonds unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of the special assessments, and in the event that any special assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City, either in the making of the special assessments or in the July 14, 2014 City Council Meeting Minutes 25 Council Packet Page Number 26 of 216 E2 performance of any condition precedent thereto, the City will forthwith do all further acts and take all further proceedings as may be required by law to make the special assessments valid and binding liens upon the properties. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the special assessments are levied, it is hereby determined that the special assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all special assessments at a rate of 4.739% per annum, as set forth opposite the years specified below: Improvement Designation Levy Years Collection Years Amount The Arkwright/Sunrise Area street improvements See attached schedule $697,000 At the time the special assessments are in fact levied the City Council shall, based on the then current estimated collections of the special assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Improvement Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount See attached schedule (Improvement Portion) The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Improvement Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Improvement Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (c) Covenants Relating to the Equipment Portion of the Bonds. To provide moneys for payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount See attached levy schedule (Equipment Portion) The tax levies are such that if collected in full they, together with other revenues herein July 14, 2014 City Council Meeting Minutes 26 Council Packet Page Number 27 of 216 E2 pledged for the payment of the Equipment Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (d) Covenants Relating to the CIP Portion of the Bonds. To provide moneys for payment of the principal and interest on the CIP Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount See attached levy schedule (CIP Portion) The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the CIP Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the CIP Portion of the Bonds. The tax levies shall be irrepealable so long as any of the CIP Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (e) Covenants Relating to the TIF Portion of the Bonds. Original Net Tax Capacity; Tax Increments; Use of Tax Increments. The County Auditor of Ramsey County has certified the original net tax capacity of property in the Tax Increment District. The County Auditor shall determine in each year if the then current net tax capacity of property in the Tax Increment District exceeds the original net tax capacity, and shall calculate, in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, the captured net tax capacity (as defined therein) attributable to the Tax Increment District. The City hereby determines to retain 100% of the captured tax capacity for purposes of tax increment financing. The County Auditor shall, in each such year, compute the local tax rate to be extended against the captured net tax capacity in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, and the tax generated thereby shall constitute the Tax Increments for the year in which it is received. The County Auditor will remit to the City the Tax Increments so received. The City hereby appropriates the Tax Increments to the TIF Debt Service Subaccount, which appropriation shall continue until all of the TIF Portion of the Bonds and any additional bonds payable from the TIF Debt Service Subaccount, are paid or discharged. Future Tax Levies. In the event that it is anticipated that the aggregate of Tax Increments and any other funds appropriated to and then held in the TIF Debt Service Subaccount and the estimated collections of Tax Increments to be received in the next succeeding year will not be sufficient to pay the principal and interest on the TIF Portion of the Bonds to become due in the first calendar year thereafter and the first six months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Ramsey County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the TIF Debt Service Subaccount and said estimated collections of Tax Increments to pay the principal and interest on the TIF Portion of the Bonds to become due during said period. Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City July 14, 2014 City Council Meeting Minutes 27 Council Packet Page Number 28 of 216 E2 reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein pledged to the payment of the TIF Portion of the Bonds and interest thereon to the extent and in the manner permitted by law. Coverage Test. The Tax Increments herein pledged for the payment of the TIF Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the TIF Portion of the Bonds. 17. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect July 14, 2014 City Council Meeting Minutes 28 Council Packet Page Number 29 of 216 E2 to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the July 14, 2014 City Council Meeting Minutes 29 Council Packet Page Number 30 of 216 E2 Bonds, and (iii) acceptable to the Officers. 21. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed in the office of the County Auditor of Ramsey County, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the Bond Register and the tax levies required by law have been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2014 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2014 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. July 14, 2014 City Council Meeting Minutes 30 Council Packet Page Number 31 of 216 E2 The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Resolution 14-7-1094 RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,255,000 GENERAL OBLIGATION TAX ABATEMENT REFUNDING BONDS, SERIES 2014B, PLEDGING FOR THE SECURITY THEREOF TAX ABATEMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a crossover advance refunding of the City's $5,025,000 original principal amount of General Obligation Tax Abatement Bonds, Series 2004C, dated August 1, 2004 (the "Prior Bonds"); and B. WHEREAS, $1,925,000 of the principal amount of the Prior Bonds which matures or are subject to mandatory redemption on and after August 1, 2016, is callable on August 1, 2015 and any date thereafter, at a price of par plus accrued interest, as provided in the resolution, adopted by the City Council on August 5, 2004, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and C. WHEREAS, the crossover advance refunding on August 1, 2015 (the "Crossover Date") of the Prior Bonds maturing on and after August 1, 2016 (the "Refunded Bonds"), is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and D. WHEREAS, the City has heretofore established a tax abatement program (the "Program") pursuant to the provisions of Minnesota Statutes, Sections 469.1812 through 469.1815, with respect to providing for the abatement of property taxes for a period of fifteen years on various properties in the City, as described in the resolution adopted by the City Council on September 8, 2003, approving the Program (the "Abatement Resolution"); and E. WHEREAS, the amount of the property taxes abated are estimated to be at least equal to the principal amount of the Bonds and pursuant to the provisions of the Abatement Resolution, funds are to be expended to provide money to pay for the Project; and F. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,255,000 General Obligation Tax Abatement Refunding Bonds, Series 2014B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover advance refunding of the Refunded Bonds; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: July 14, 2014 City Council Meeting Minutes 31 Council Packet Page Number 32 of 216 E2 1. Acceptance of Proposal. The proposal of UMB Bank, National Association in Kansas City, Missouri (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,275,720.09, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities. The Bonds shall dated August 1, 2014 as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature, without option of prepayment, on August 1 in the years and amounts as follows: Year Amount 2016 $275,000 2017 265,000 2018 250,000 2019 240,000 2020 225,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 6 and 11 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any July 14, 2014 City Council Meeting Minutes 32 Council Packet Page Number 33 of 216 E2 Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 11, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. July 14, 2014 City Council Meeting Minutes 33 Council Packet Page Number 34 of 216 E2 (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 6 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 11, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. The Bonds shall provide funds for a crossover advance refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67. As of the Crossover Date there shall result a reduction in the present value of the dollar amount of the debt service to the City from a total dollar amount of $2,664,296.26 for the Prior Bonds to a total dollar amount of $1,803,777.50 for the Bonds computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12. The dollar amount of such present value of the debt service for the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds as required by Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, calculated on the July 14, 2014 City Council Meeting Minutes 34 Council Packet Page Number 35 of 216 E2 basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2016 1.50% 2017 1.50 2018 1.50 2019 2.00 2020 2.00 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their stated maturity date. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 13. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_________ $_________ GENERAL OBLIGATION TAX ABATEMENT REFUNDING BOND, SERIES 2014B Interest Rate Maturity Date Date of Original Issue CUSIP August 1, August 1, 2014 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior payment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30- day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor July 14, 2014 City Council Meeting Minutes 35 Council Packet Page Number 36 of 216 E2 paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book- entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. No Optional Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,255,000 (the "Bonds"), all of like date of original issue and tenor, except as to number, maturity, interest rate, and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on July 14, 2014 (the "Resolution"), for the purpose of providing funds sufficient for a crossover advance refunding of the General Obligation Tax Abatement Bonds, Series 2004C, dated August 1, 2004 of the Issuer. This Bond is payable out of the General Obligation Tax Abatement Refunding Bonds, Series 2014B Fund established by the Issuer pursuant to the Resolution. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. July 14, 2014 City Council Meeting Minutes 36 Council Packet Page Number 37 of 216 E2 Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: ________________________ BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By____________________ Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _____________ as custodian for _____________ July 14, 2014 City Council Meeting Minutes 37 Council Packet Page Number 38 of 216 E2 (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and does hereby irrevocably constitute and appoint ________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:__________ _____________________________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of August 1, 2014. The Certificate of Authentication so July 14, 2014 City Council Meeting Minutes 38 Council Packet Page Number 39 of 216 E2 executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special July 14, 2014 City Council Meeting Minutes 39 Council Packet Page Number 40 of 216 E2 Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Funds and Accounts. There is hereby created a special fund to be designated the "General Obligation Tax Abatement Refunding Bonds, Series 2014B Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Escrow Account. The Escrow Account is established for the Refunded Bonds and shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial institution within or without the State. $1,944,462.32 in proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. $0 in proceeds of the sale of the Bonds shall be received by the Escrow Agent to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance or any Bond proceeds returned to the City are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including the Crossover Date; and (ii) to pay when called for redemption on the Crossover Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including the Crossover Date, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on the Crossover Date. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement, by and between the City and Escrow Agent (the "Escrow Agreement"), a form of which is on file in the office of the Finance Director. Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (1) after the Crossover Date, all uncollected tax abatements pledged to the payment of the Prior Bonds; (2) any accrued interest received upon delivery of the Bonds; (4) any collections of all taxes heretofore or hereafter levied for the payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the Crossover Refunding; (5) all investment earnings on funds in the Debt Service Account; and (6) any balance remitted to the City upon the termination of the Escrow Agreement; (7) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section July 14, 2014 City Council Meeting Minutes 40 Council Packet Page Number 41 of 216 E2 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Abatements; Use of Tax Abatements. As provided in clause D hereof, the Council has adopted the Abatement Resolution and has thereby approved the Tax Abatements, including the pledge thereof to the payment of the Bonds. As provided in the Abatement Resolution, the estimated total amount of the Tax Abatements is equal to the principal amount of the Bonds and does not exceed the maximum projected amount of the Tax Abatements. The Council hereby confirms the Abatement Resolution, which is hereby incorporated as though set forth herein. 17. Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys, together with the Tax Abatements, for payment of the principal and interest on the Bonds, there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amounts See attached schedule The tax levies are such that if collected in full they, together with estimated collections of Tax Abatements will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Bonds, the uncollected taxes levied in the Prior Resolution authorizing the issuance of the Prior Bonds which are not needed to pay the Prior Bonds as a result of the Refunding shall be canceled. (a) General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable July 14, 2014 City Council Meeting Minutes 41 Council Packet Page Number 42 of 216 E2 therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 18. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 21. Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid on the Crossover Date in accordance with the terms and conditions set forth in the Notice of Call for Redemption, in substantially the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. 22. Escrow Agreement. On or prior to the delivery of the Bonds, the Mayor and Finance Director shall, and are hereby authorized and directed to, execute the Escrow Agreement on behalf of the City. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 23. Purchase of SLGS or Open Market Securities. The Escrow Agent, as agent for the City, is hereby authorized and directed to purchase on behalf of the City and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities as provided in paragraph 21, from the proceeds of the Bonds, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information July 14, 2014 City Council Meeting Minutes 42 Council Packet Page Number 43 of 216 E2 as each County Auditor shall require, and to obtain the County Auditor's Certificate from each County that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 25. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any re furnished, shall be deemed representations of the City as to the facts recited therein. 26. Negative Covenant as to Use of Proceeds and Projects. The City hereby covenants not to use the proceeds of the Bonds or to use the projects originally financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the projects, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 27. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 28. Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate requirement imposed by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one issuer with the Issuer) more than $5,000,000 of tax-exempt July 14, 2014 City Council Meeting Minutes 43 Council Packet Page Number 44 of 216 E2 governmental obligations during this calendar year as provided in Section 148(f)(4)(D) of the Code and Section 1.148-8 of the Regulations. 29. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2014 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2014 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 30. Official Statement. The Official Statement relating to the Bonds prepared and distributed by the Springsted Incorporated is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 31. Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions hereof. 32. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 33. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of Amendments to the City’s Health Codes – Second Reading Interim City Manager Coleman gave the staff report . Councilmember Cardinal moved to approve the second reading of amendments to the City’s Health Code, Chapter 12 and 14. July 14, 2014 City Council Meeting Minutes 44 Council Packet Page Number 45 of 216 E2 Ordinance 937 Chapter 12 – BUILDING AND BUILDING REGULATIONS ARTICLE XII. – SWIMMING POOLS DIVISION 2. PUBLIC POOLS Sec. 12-432. Authority. Sec. 12-533. State department of health rules adopted. Sec. 12-534. Definitions. Sec. 12-535. License required. Sec. 12-536. Application for license. Sec. 12-537. Inspection. Sec. 12-538. License expiration and renewal; denial or revocation of license. Sec. 12-539. License fees. Sec. 12-5310. Penalty. Sec. 12-532. Authority. The City of Maplewood regulates food, lodging, and public pool establishments through the delegation of authority from the Minnesota Department of Health. Sec. 12-533. State department of health rules adopted. Subject to any specific modifications set forth in this division, the city hereby adopts and incorporates by reference state board of health statutes and rules including Minnesota Statutes 144.1222, 145A, and 157 and Minnesota Rules, parts 4717.0150 to 4717.3970 and 7- MCAR 1.141.Said statutes and rules are hereby modified by deleting the term "board of health" and substituting "environmental health official" and any reference to "public swimming pool" with the definition of “public pool” in section 12-533. (Code 1982, § 31-7) Sec. 12-534. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Public pool means any pool, other than a private residential pool, intended to be used collectively by numbers of persons for swimming or bathing, operated by any person, whether he is the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. Included in this definition are pools located in or adjacent to apartment buildings, condominiums, townhouses or other multiple-dwelling residential complexes, public or private schools, public or private sports facilities, commercial property unless used for sales and/or display purposes only and treatment pools, therapeutic pools, and special pools for water therapy, whirlpools, spas and cold plunges. (Code 1982, § 31-8) Cross reference— Definitions generally, § 1-2. Sec. 12-535. License required. July 14, 2014 City Council Meeting Minutes 45 Council Packet Page Number 46 of 216 E2 It shall be unlawful for any person to operate a public pool, regardless of whether a fee is charged for such use, unless the city has issued a valid license therefor which is in full force and effect. Such license shall be on display in the vicinity of the subject pool or conveniently accessible upon demand. (Code 1982, § 31-9) Sec. 12-536. Application for license. Application for a license for a public pool shall be submitted to the department of community development in such form and manner as the city may prescribe. (Code 1982, § 31-10) Sec. 12-537. Inspection. The environmental health official shall inspect every public pool as frequently as deemed necessary to ensure compliance with this division. All swimming pool plans will be sent to the Minnesota Department of Health for review and approval per the city’s delegation agreement with the Minnesota Department of Health. (Code 1982, § 31-11) Sec. 12-538. License expiration and renewal; denial or revocation of license. (a) Licenses issued under this division shall expire on December 31 each year. License renewal applications shall be filed with the department of community development prior to December 31 of each year. Failure to comply with these requirements may result in revocation or nonrenewal of the license. (b) Written notification shall be made to the applicant or licensee of any pool license that has been denied or revoked. The applicant or licensee shall have ten days from the date of notification to appeal this decision to the city council. (Code 1982, § 31-12) Sec. 12-539. License fees. The license fees for public pools shall be fixed by the city council, by resolution, from time to time. (Code 1982, § 31-13) Sec. 12-5310. Penalty. Any person convicted of violating this article will be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, § 31-14) Ordinance 938 Chapter 14 - BUSINESSES AND LICENSING ARTICLE VI. - FOOD AND FOOD HANDLERS July 14, 2014 City Council Meeting Minutes 46 Council Packet Page Number 47 of 216 E2 DIVISION 2. - FOOD ESTABLISHMENTS Subdivision I. In General Sec. 14-316. Authority. Sec. 14-3176. Purpose. Sec. 14-3187. State health rules adopted. Sec. 14-3198. Interference with or hindrance of health authority. Sec. 14-32019. Supplemental laws, rules and regulations. Sec. 14-32120. Violations. Secs. 14-322321—14-340. Reserved. Sec. 14-316. Authority. The City of Maplewood regulates food, lodging, and public pool establishments through the delegation of authority from the Minnesota Department of Health. Sec. 14-3176. Purpose. The purpose of this division is to establish standards to protect the health, safety and the general welfare of the people of the city. These general objectives include the following: (1) Prevent food-borne illness. (2) Correct and prevent conditions that may adversely affect persons utilizing food establishments. (3) Provide minimum standards for the design, construction, operation and maintenance of food establishments. (4) Meet consumer expectations to the quality and safety of food establishments. (Code 1982, § 13-16) Sec. 14-3187. State health rules adopted. Subject to any specific modifications set forth in this section, the city adopts and incorporates by reference state board of health statutes and rules including Minnesota Statutes 145A and 157 and Minnesota Rules, parts 4626.0010 to 4626.2010chapter 4625, part 4626.0010 et seq., as contained by law in the document entitled "Rules and Requirements for Food and Beverage Establishments." A copy of such regulations shall be filed and available for inspection in the office of the city clerk and the department of community development. Chapter 4626.0010 et seq. Said statutes and rules are is hereby modified by deleting the terms "board" and "commissioner" and substituting the term "environmental health official" in place thereof, or other successor designated or authorized by the city council. (Code 1982, § 13-17) Sec. 14-3198. Interference with or hindrance of health authority. No person shall interfere with, obstruct or hinder any health authority in the performance of their duties under this division or the laws of the state nor prevent their performance thereof. (Code 1982, § 13-42) Sec. 14-32019. Supplemental laws, rules and regulations. July 14, 2014 City Council Meeting Minutes 47 Council Packet Page Number 48 of 216 E2 This division shall be construed to be supplementary to all laws, rules and regulations of the state department of health and state department of agriculture and is not intended and shall not be construed to permit that which is prohibited or declared unlawful by any such competent authority. All establishments shall, in addition to this division, comply with the applicable regulations of the state department of health and state department of agriculture. (Code 1982, § 13-43) Sec. 14-3210. Violations. Any person convicted of violating this division will be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, § 13-44) Secs. 14-3221—14-340. Reserved. Ordinance 939 Chapter 14 - BUSINESSES AND LICENSING ARTICLE IX. - LODGING ESTABLISHMENTS DIVISION 1. GENERALLY Sec. 14-521. Authority. Sec. 14-5221. State health rules adopted by law. Sec. 14-5232. Inspection. Sec. 14-5243. Penalty. Secs. 14-5254—14-550. Reserved. Sec. 14-521. Authority. The City of Maplewood regulates food, lodging, and public pool establishments through the delegation of authority from the Minnesota Department of Health. Sec. 14-5221. State health rules adopted by law. Subject to any specific modifications set forth in this section, the city hereby adopts and incorporates by reference state board of health statutes and rules including Minnesota Statutes 145A, 157, and 327 and Minnesota Rules, parts 4625.0100 to 4625.2300. 7—MCAR 1.151—1.160 as contained by law in the document entitled "Requirements for Lodging Establishments" and all subsequent amendments thereto. One copy of such regulations shall be filed and available for inspection in the office of the city clerk and the department of community development. 7—MCAR 1.151—1.160 is Said statutes and rules are hereby modified by deleting the term "board of health" and substituting the refor the term "environmental health official." (Code 1982, § 17.5-1) Sec. 14-5232. Inspection. The environmental health official shall inspect every lodging establishment as frequently as deemed necessary to ensure compliance with this article. July 14, 2014 City Council Meeting Minutes 48 Council Packet Page Number 49 of 216 E2 (Code 1982, § 17.5-4) Sec. 14-5243. Penalty. Any person convicted of violating this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, § 17.5-7) Secs. 14-5254—14-550. Reserved. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. English Street Petition Update Public Works Director/City Engineer Thompson gave the staff report and answered questions of the council. William Diesslin, Maplewood resident spoke to the council. J. NEW BUSINESS 1. Approval of Resolution for a Lawful Gambling Premise Permit for Chops, Inc at McCarron’s Pub & Grill, 1986 Rice Street Citizen Services Director Guilfoile gave the staff report. Kevin Kimes, Gambling Manager for Chops, Inc. addressed and spoke to the council. Councilmember Juenemann moved to approve the Resolution for a Lawful Gambling Premise Permit for Chops, Inc. at the McCarron’s Pub & Grill, 1986 Rice Street. Resolution 14-7-1095 Lawful Gambling Premise Permit BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise permit for lawful gambling is approved for Chops, Inc to operate at McCarron’s Pub & Grill, 1986 Rice St, Maplewood, MN. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Cardinal Ayes – All The motion passed. 2. Approval of the Following Requests for the Days Inn Conversion to Senior July 14, 2014 City Council Meeting Minutes 49 Council Packet Page Number 50 of 216 E2 Housing at 3030 Southlawn Drive: a. A Conditional Use Permit to Allow Multi-Family Housing in a Business Commercial District b. A Parking Reduction for Fewer Parking Spaces than Required c. A Unit-Size Reduction Variance d. Design Plans Senior Planner Ekstrand gave the staff report and answered questions of the council. John Donofrio, Planning Commissioner addressed the council and gave the report from the Planning Commission. Ben Delwiche, Architect with Kaas Wilson Architects addressed the council and gave additional information about the project. Mark Jenkins, Business and Economic Development Commissioner addressed the council and gave the BEDC report. Police Chief Schnell gave additional information related to public safety issues. Chief Lukin answered additional questions of the council. Interim City Manager Coleman gave additional information. Mark Bradley, Maplewood Resident spoke to the council. Councilmember Koppen moved to table the matter until the next council meeting. Seconded by Councilmember Juenemann Ayes – All The motion passed. Items for staff to work with applicant to 1. Look into the fence issue. 2. Specifics on security measures for residents. 3. Fire Chief Lukin and Police Chief Schnell present some facts supporting their position on this proposed development. 4. Number of similar units in the area that the Fire Station currently provides service to. 5. Information from Public Works on how patrons are going to move safely to and from the property. 3. Approval of the Maekloth Addition Preliminary Plat and Final Plat, Hazelwood Street and County Road D East Senior Planner Ekstrand gave the staff report. Public Works Director/City Engineer Thompson answered questions of the council. John Donofrio, Planning Commissioner addressed the council and gave the Planning Commission report. Councilmember Juenemann moved to approve the preliminary plat and the final plat for the Maekloth Addition, located at the southwest corner of County Road D East and Hazelwood Street. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of the Following at 1081 Highway 36 for Chuck Whitaker: a. A Conditional Use Permit for Used-Car Sales b. A Variance for Used-Car Sales Closer than 350 Feet to a Residential District Councilmember Cardinal recused himself from participating and voting on this agenda item. Senior Planner Ekstrand gave the staff report. John Donofrio, Planning Commissioner July 14, 2014 City Council Meeting Minutes 50 Council Packet Page Number 51 of 216 E2 addressed the council and gave the Planning Commission report. Charles Whitaker, Owner of Whitaker Buick GMC Company addressed the council and gave additional information. Councilmember Abrams moved to approve the staff recommendation with minor amendment of only permitting 7 cars out in front of the property at one time. A. Approve the conditional use permit resolution to allow used-car sales at 1081 Highway 36. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the plans date-stamped June 11, 2014, approved by the city. Staff may approve minor changes. 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 after review and good-cause is shown. 3. The city council shall review this permit in one year. 4. This permit requires that cars for sale be kept indoors as proposed. 5. Any signs shall be installed in accordance with the Maplewood Sign Ordinance. 6. The applicant shall pave the area behind the building to eliminate the graveled parking and driveway surfaces. The property owner shall also do the same in the area behind Hirschfield’s at the same time to clean up the site. 7. The permitted hours of retail operation shall be Monday through Thursday 9 a.m. to 8 p.m. and Friday and Saturday 9 a.m. to 6 p.m. 8. Test drives shall be limited to the frontage road with drives through the residential neighborhood strongly discouraged. 9. Vehicle deliveries and transport unloading shall be done on site and not along public streets. B. Approve of the variance resolution for the proposed Whitaker used car sales business to be less than 350 feet from a residential district. The proposed use would be 190 feet away. This variance approval is based on the following findings: 1. The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the code attempts to buffer auto sales activities from residents. In this case, there would be no outdoor car sales or displays, to eliminate any neighborhood impact. 2. The use would be consistent with the comprehensive plan since it is classified commercial and auto sales are a commercial activity. 3. There are practical difficulties in complying with the ordinance. The existing building is closer than 350 feet to the nearest residentially zoned property. This proximity is nothing the applicant can control. This “practical difficulty” is being addressed by the applicant by operating his used car sales business inside the building. Other than test drives, there would be no impact on the neighborhood. The residential district to the July 14, 2014 City Council Meeting Minutes 51 Council Packet Page Number 52 of 216 E2 north, furthermore, is almost fully screened by mature trees from this commercial property. Resolution 14-7-1098 Conditional Use Permit WHEREAS, Chuck Whitaker, of Whitaker Buick GMC Co., has applied for a conditional use permit be allowed to sell used automobiles at 1081 Highway 36. WHEREAS, Sections 44-512 (5) of the city ordinances requires a conditional use permit for used car sales in a M1 (light manufacturing) zoning district. WHEREAS, this permit applies to the property located at 1081 Highway 36. The property identification number of this property is: 092922310001 WHEREAS, the history of this conditional use permit is as follows: 1. On July 1, 2014, the planning commission held a public hearing. The city staff published a notice in the paper 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 also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On July 14, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. July 14, 2014 City Council Meeting Minutes 52 Council Packet Page Number 53 of 216 E2 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped June 11, 2014, approved by the city. Staff may approve minor changes. 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 after review and good-cause is shown. 3. The city council shall review this permit in one year. 4. This permit requires that cars for sale be kept indoors as proposed. 5. Any signs shall be installed in accordance with the Maplewood Sign Ordinance. 6. The applicant shall pave the area behind the building to eliminate the graveled parking and driveway surfaces. The property owner shall also do the same in the area behind Hirschfield’s at the same time to clean up the site. 7. The permitted hours of retail operation shall be Monday through Thursday 9 a.m. to 8 p.m. and Friday and Saturday 9 a.m. to 6 p.m. 8. Test drives shall be limited to the frontage road with drives through the residential neighborhood strongly discouraged. 9. Vehicle deliveries and transport unloading shall be done on site and not along public streets. The Maplewood City Council approved this resolution on July 14, 2014. Resolution 14-7-1099 Variance Resolution WHEREAS, Chuck Whitaker, of Whitaker Buick GMC Co., has applied for a variance to be allowed to operate a used car sales business closer than 350 feet to a residential zoning district. WHEREAS, this variance applies to the property at 1081 Highway 36. The property identification numbers for this property is: 092922310001 WHEREAS, Sections 44-512 (5) of the city ordinances requires that used car sales businesses be at least 350 feet from a residential district. WHEREAS, the applicant’s proposed use would be 190 feet from the nearest residential district. July 14, 2014 City Council Meeting Minutes 53 Council Packet Page Number 54 of 216 E2 WHEREAS, the history of this variance is as follows: 1. The planning commission held a public hearing on July 1, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this variance. 2. On July 14, 2014, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variances since: 1. The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the code attempts to buffer auto sales activities from residents. In this case, there would be no outdoor car sales or displays, to eliminate any neighborhood impact. 2. The use would be consistent with the comprehensive plan since it is classified commercial and auto sales are a commercial activity. 3. There are practical difficulties in complying with the ordinance. The existing building is closer than 350 feet to the nearest residentially zoned property. This proximity is nothing the applicant can control. This “practical difficulty” is being addressed by the applicant by operating his used car sales business inside the building. Other than test drives, there would be no impact on the neighborhood. The residential district to the north, furthermore, is almost fully screened by mature trees from this commercial property. The Maplewood City Council approved this resolution on July 14, 2014. Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council Members Abrams, Juenemann and Koppen Abstain – Councilmember Cardinal The motion passed. 5. Approval of Terra General Contracting as Construction Manager, East Metro Public Safety Training Center, City Project 09-09 Public Works Director/City Engineer Thompson gave the staff report. Fire Chief Lukin gave additional information and answered questions of the council. Interim City Manager Coleman answered additional questions of the council. Councilmember Juenemann moved to approve the Terra General Contracting as Construction Manager for the East Metro Public Safety Training Center, City Project 09-09 and authorize the City Manager to execute the agreement with Terra; minor changes are authorized as needed by the City Attorney. Seconded by Councilmember Abrams Ayes – All The motion passed. July 14, 2014 City Council Meeting Minutes 54 Council Packet Page Number 55 of 216 E2 K. AWARD OF BIDS None L. VISITOR PRESENTATION 1. Tom Sinn, 345 Sophia M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update Interim City Manager Coleman gave the update to the council calendar. 2. Update on Light It Up Maplewood—July 4th Event Citizen Services Director Guilfoile gave the update for the Fourth of July event. N. COUNCIL PRESENTATIONS 1. Manager Search Councilmember Juenemann gave an update on the manager search. 2. National Night Out Councilmember Juenemann reminded residents that National Night Out is Tuesday, August 5, 2014 and encourage everyone to participate. 3. Update on the Cable Commission Councilmember Abrams gave an update on the Cable Commission and the meeting she attended last week. 4. Reopening of Keller Golf Course Councilmember Abrams informed everyone of the reopening of Keller Golf Course event that will be taking place on Saturday, July 19, 2014. 5. Update on City Manager Meeting Councilmember Abrams gave the report on the meeting she and Mayor Slawik had with Interim City Manager Coleman. 6. Committee Reports Councilmember Cardinal complimented the Planning Commission on what a good job they do. He then reported on the Municipal Equipment Committee and Finance Committee he serves on. He requested a moment of silence for Ramsey-Washington Suburban Cable Commissioner Greg Donovan who passed away Thursday, July 10, 2014. 7. Ramsey County Fair July 14, 2014 City Council Meeting Minutes 55 Council Packet Page Number 56 of 216 E2 Councilmember Cardinal requested to have a report from Joe Fox on the Ramsey County Fair be added to the next council agenda. 8. Keller Phalen Park Councilmember Cardinal remarked on the boardwalk that Ramsey County installed from Keller Lake to Phalen Lake. 9. Update on Regional Mayors Meeting Mayor Slawik reported on Regional Mayors meeting she attended earlier in the day. 10. Gateway Corridor Commission Mayor Slawik reported on the Gateway Corridor meeting she attended and the Guided Bus Way she was invited to visit in Los Angeles, CA. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 10:00 p.m. July 14, 2014 City Council Meeting Minutes 56 Council Packet Page Number 57 of 216 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 58 of 216 S:\Citizen Services\CITY CLERK\AGENDA REPORTS 2014\07-28-2014\COUNCIL REPORTS\EXCEL-WORD FILES\G1 Approval of Claims TO:Melinda Coleman, Interim City Manager FROM:Gayle Bauman, Finance Director DATE: SUBJECT:Approval of Claims 177,841.28$ Checks #92827 thru # 92876 dated 07/01/14 thru 07/08/14 215,317.40$ Disbursements via debits to checking account dated 06/30/14 thru07/03/14 1,452,742.58$ Checks # 92877 thru #92933 dated 07/10/14 thru 07/15/14 515,538.14$ Disbursements via debits to checking account dated 07/07/14 thru 07/11/14 2,361,439.40$ Total Accounts Payable 539,282.80$ Payroll Checks and Direct Deposits dated 06/20/14 640.00$ Payroll Deduction check # 990073 thru # 990074 41823 539,922.80$ Total Payroll 2,901,362.20$ GRAND TOTAL Attachments Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. PAYROLL MEMORANDUM July 18, 2014 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: G1G1 Council Packet Page Number 59 of 216 Check Description Amount 92827 02464 JULY 4TH PETTY CASH FOR CHANGE 300.00 92828 05014 BAL DUE SOUND,LIGHTING & STAGE 1,150.00 92829 00120 MCC POOL CHEMICALS 1,024.93 00120 MCC POOL PUMP PARTS 646.89 00120 MCC POOL PUMP PARTS 538.48 92830 03988 REIMB FOR TUITION & BOOKS 3/31-6/13 719.57 92831 01085 MONTHLY PREMIUM - JULY 3,065.25 92832 01819 LOCAL PHONE SERVICE 05/15 - 06/14 704.40 01819 LOCAL PHONE SERVICE 04/15 - 05/14 700.76 92833 01941 FLOOR HOCKEY MEDALS 175.50 92834 01463 MCC MASSAGES - JUNE 1 - 15 573.50 01463 MCC MASSAGES - MAY 16 - 31 559.50 92835 04339 REIMB FOR WORKOUT SHOES 6/24 75.00 92836 04845 RECYCLING FEE - JUNE 38,835.00 92837 05305 CONTRACT 500-0371083 625.16 05305 CONTRACT 500-0371999 592.82 05305 CONTRACT 500-0264726 446.08 05305 CONTRACT 500-0264717 307.41 05305 CONTRACT 500-0328559 242.53 05305 CONTRACT 500-0282620 227.70 05305 CONTRACT 500-0380041 222.02 05305 CONTRACT 500-0395052 202.64 05305 CONTRACT 500-0373496 79.99 05305 CONTRACT 500-0349366 67.78 05305 CONTRACT 500-0264705 62.57 92838 04192 EMS BILLING - JUNE 3,727.20 92839 01190 ELECTRIC & GAS UTILITY 24,432.93 01190 NEW STREET LIGHT 2568 GERANIUM 9,747.40 01190 ELECTRIC & GAS UTILITY 137.56 92840 04848 MONTHLY PREMIUM - JULY 274.79 92841 04419 REFS 2ND HALF SPRING VOLLEYBALL 275.00 92842 01974 REFUND FOR TRANS MEDIC XZ2384687 987.94 92843 01865 ASSIGNMENTS 2ND HALF SPRING VBALL 139.50 92844 05365 CHILDREN'S GARDEN COORDINATOR 500.00 92845 03310 SMARTNET RENEWAL 2014-2015 9,891.16 92846 05025 CHARITABLE GAMBLING GRANT AWARD 1,310.00 92847 00003 ESCROW REL LODAHL 2343 BEAM AVE E 300.00 92848 04846 MEDICAL SUPPLIES 574.94 92849 05055 MEDICAL DIRECTION JAN - MAY 3,750.00 05055 EMS CLASSES JAN - MAY 833.35 92850 00644 MONTHLY PREMIUM - JULY 12,471.92 92851 03538 REFS 2ND HALF SPRING VOLLEYBALL 275.00 92852 00857 DIRECTORY OF MN CITY OFFICIALS 488.00 92853 00993 SCANNING OF PLANNING FILES CYCLE 1 1,719.62 92854 05356 VIDEOGRAPHER SRVS - MAY 961.40 92855 02300 LOCK PARTS 32.50 92856 00001 REFUND S SCHULTZ TRANS MEDIC 800.00 92857 00001 REFUND M GOCKOWSKI TRANS MEDIC 97.55 92858 00001 REFUND M ANDERSON TRANS MEDIC 90.44 92859 00001 REFUND A REINERT TRANS MEDIC 88.61 92860 00001 REFUND G TESCH TRANS MEDIC 84.39 92861 00001 REFUND C SIGFORD TRANS MEDIC 79.17 92862 00001 REFUND D BRADLEY TRANS MEDIC 25.00 07/08/2014 AQUA LOGIC INC 07/08/2014 ONE TIME VENDOR 07/08/2014 PAETEC 07/08/2014 PAETEC 07/08/2014 PATRICK TROPHIES 07/08/2014 JODI HALWEG Check Register City of Maplewood 07/03/2014 Date Vendor 07/01/2014 US BANK TENNIS SANITATION LLC 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 MN LIFE INSURANCE 07/08/2014 07/02/2014 ICABOD PRODUCTIONS LLC 07/08/2014 AQUA LOGIC INC 07/08/2014 AQUA LOGIC INC 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 SISTER ROSALIND GEFRE 07/08/2014 SISTER ROSALIND GEFRE 07/08/2014 MICHAEL STREFF 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 TRANS-MEDIC 07/08/2014 XCEL ENERGY 07/08/2014 XCEL ENERGY 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 TOSHIBA FINANCIAL SERVICES 07/08/2014 BLUE CROSS REFUNDS 07/08/2014 DON BOWMAN 07/08/2014 JOHN PATRICK BURRELL 07/08/2014 XCEL ENERGY 07/08/2014 AVESIS 07/08/2014 LOUISE A. BEAMAN 07/08/2014 HEALTHEAST 07/08/2014 HEALTHEAST 07/08/2014 HEALTHEAST 07/08/2014 CDW GOVERNMENT INC 07/08/2014 DIST 622 EDUCATION FOUNDATION 07/08/2014 ESCROW REFUND 07/08/2014 MID-AMERICA BUSINESS SYSTEMS 07/08/2014 NORTH SUBURBAN ACCESS CORP 07/08/2014 OAKDALE LOCKSMITHS 07/08/2014 HEALTHPARTNERS 07/08/2014 PATRICK JAMES HUBBARD 07/08/2014 LEAGUE OF MINNESOTA CITIES 07/08/2014 ONE TIME VENDOR 07/08/2014 ONE TIME VENDOR 07/08/2014 ONE TIME VENDOR 07/08/2014 ONE TIME VENDOR 07/08/2014 ONE TIME VENDOR 07/08/2014 ONE TIME VENDOR G1, Attachment 1 Council Packet Page Number 60 of 216 92863 01340 MEDICAL SUPPLIES 99.68 92864 02001 PHONE SERVICE - JUNE 2,353.75 92865 03879 EMS FEES - JULY 738.67 92866 04074 TAI CHI INSTRUCTION 5/28 - 7/30 226.80 92867 00198 WATER UTILITY 1,566.32 92868 01836 WIRELESS/RMS SRVS MARCH - MAY 15,588.27 92869 01550 ELECTRICAL INSPECTIONS - JUNE 3,943.20 92870 03598 REIMB FOR MEALS & GAS 6/22-6/24 91.28 92871 00529 LTD PLAN 4043120-2 - JULY 3,298.38 00529 STD PLAN 4043120-1 - JULY 2,558.43 92872 04357 BIOMEDICAL SERVICE 225.00 92873 03606 ESCROW REL 2167 MAPLEWOOD DR N 3,013.67 92874 00063 MONTHLY PMT 04/17 - 06/16 17,132.98 92875 01764 TENNIS INSTRUCTOR - SUMMER SESSION 539.00 92876 05284 REFS 2ND HALF SPRING VOLLEYBALL 225.00 07/08/2014 URBAN COMPANIES 07/08/2014 VERIZON WIRELESS 07/08/2014 TOM WESTLING 07/08/2014 BOB WOSICK 177,841.2850Checks in this report. 07/08/2014 SUMMIT INSPECTIONS 07/08/2014 PAUL THEISEN 07/08/2014 UNION SECURITY INSURANCE CO 07/08/2014 UNION SECURITY INSURANCE CO 07/08/2014 UNIVERSAL HOSPITAL SRVS, INC. 07/08/2014 ELAINE SCHRADE 07/08/2014 ST PAUL REGIONAL WATER SRVS 07/08/2014 ST PAUL, CITY OF 07/08/2014 REGIONS HOSPITAL 07/08/2014 CITY OF ROSEVILLE 07/08/2014 SANSIO G1, Attachment 1 Council Packet Page Number 61 of 216 Settlement Date Payee Description Amount 6/30/2014 MN State Treasurer Drivers License/Deputy Registrar 56,279.82 7/1/2014 MN State Treasurer Drivers License/Deputy Registrar 26,881.05 7/1/2014 US Bank Merchant Services Credit Card Billing fee 72.94 7/2/2014 MN State Treasurer Drivers License/Deputy Registrar 49,115.08 7/2/2014 Pitney Bowes Postage 2,985.00 7/3/2014 MN State Treasurer Drivers License/Deputy Registrar 45,417.51 7/3/2014 ICMA (Vantagepointe)Deferred Compensation 4,316.00 7/3/2014 ING - State Plan Deferred Compensation 30,250.00 215,317.40 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachment 1 Council Packet Page Number 62 of 216 Check Description Amount 92877 00001 D DUCHARME CK REPLACE DD PAYROLL 51.72 92878 05324 RETAINER FEE/ADD'L WORK - JUNE 1,500.00 92879 05114 COUNTY RD B TRAIL PROJ 14-02 WO#10 20,921.50 05114 PROJ 12-09 ALIGNMENT, STAKING, OFFICE 9,938.00 05114 SSTS PERMIT FOR 1065 CENTURY AVE S 2,007.00 92880 05028 CITY HALL SOLAR SYSTEM LEASE-JULY 397.00 05028 MCC SOLAR SYSTEM LEASE - JULY 369.00 92881 01973 CAR WASHES - JUNE 33.66 92882 04944 SUBWAY ORDERS - ADD'L APRIL & MAY 1,140.14 92883 03597 REIMB FOR MILEAGE 5/20 - 6/26 13.72 92884 00687 TREE TRIMMING & TREE REMOVAL 3,925.00 92885 02728 PROJ 12-14 PROF SRVS THRU 5/31 25,063.70 02728 PROJ 14-01 PROF SRVS THRU 5/31 5,057.48 02728 PROJ 09-08 PROF SRVS THRU 5/31 1,143.47 92886 00393 MONTHLY SURTAX - JUNE 20232123035 11,136.20 92887 05353 CONTRACT GASOLINE - JULY 14,046.94 05353 CONTRACT DIESEL - JULY 10,341.24 92888 04193 FORFEITED VEHICLE STORAGE - FEB 2,825.00 04193 FORFEITED VEHICLE STORAGE - MARCH 2,675.00 04193 FORFEITED VEHICLE STORAGE - JAN 2,625.00 92889 01409 MCC AQUATIC CENTER HVAC SYSTEM 2,971.20 01409 MCC ASSET MGMT ASSESSMENT 2,275.00 01409 PROJ 14-04 ENGINEERING STANDARDS 887.61 01409 PROJ 11-19 2011 FLOOD RESPONSE PH 1 868.93 01409 PROJ 13-11 CARMAX - MISC SRVS 235.62 92890 01574 BITUMINOUS MATERIALS ~3,276.36 92891 01190 ELECTRIC UTILITY 14,695.38 01190 ELECTRIC & GAS UTILITY 5,766.08 01190 ELECTRIC UTILITY 75.69 01190 ELECTRIC UTILITY 48.22 92892 02947 REIMB FOR SEWER LINE SRVS 3,540.00 92893 02287 ESCROW REL PROJ 07-12 POND OL 7,482.30 92894 04047 PIP JAZZ SOUND TECH 05/03 MCC 50.00 92895 03738 ATTORNEY SRVS FEES/RENT - AUGUST 6,700.00 92896 05234 CAR WASHES - JUNE 27.88 92897 04862 PROJ 09-08 APPRAISAL 4 PROPERTIES 7,500.00 92898 05369 CLEANING CHEMICALS 90.80 92899 03874 LOCK CORES FOR PDEP 32,799.22 03874 OFFICE FURNITURE OFFICE 329 PDEP 4,774.03 03874 LOCK CORES FOR PDEP 100.07 92900 03529 ANNUAL INSPECTION OF SALT SHED 400.00 92901 05367 MALTS FOR MEMBER APPRECIATION 75.00 92902 05368 NEW SQUAD BUILD - SQUAD 954 9,197.34 92903 05030 EQUIP LEASE - MCC - PMT#24 4,344.07 92904 00983 LEASE PMT 6/15 - 7/15 453.00 92905 00986 MONTHLY SAC - JUNE 4,920.30 92906 01195 TRAINING CONFERENCE REGISTRATION 175.00 92907 00001 REFUND E BARRETT MEMBERSHIP 490.30 92908 00001 REFUND B MADSEN TRANS MEDIC 300.00 92909 00001 REFUND D MAURER SKATEBOARD CAMP 185.00 92910 00001 REIMB B GRAF TURF RESTORATION 146.01 92911 00001 REFUND E POTTS TRANS MEDIC 96.34 92912 00001 REFUND P DONOFRI TRANS MEDIC 90.86 MANSFIELD OIL CO 07/15/2014 HUGO'S TREE CARE INC 07/15/2014 KIMLEY-HORN & ASSOCIATES INC 07/15/2014 07/15/2014 CHRISTIE BERNARDY 07/15/2014 BOLTON & MENK, INC. 07/15/2014 BOLTON & MENK, INC. 07/15/2014 HILLCREST VENTURES LLC 07/15/2014 MARY JO HOFMEISTER Check Register City of Maplewood 07/10/2014 Date Vendor 07/10/2014 ONE TIME VENDOR 07/15/2014 ERICKSON OIL PRODUCTS INC 07/15/2014 BOLTON & MENK, INC. 07/15/2014 ENERGY ALTERNATIVES SOLAR, LLC 07/15/2014 ENERGY ALTERNATIVES SOLAR, LLC 07/15/2014 S E H 07/15/2014 S E H 07/15/2014 S E H KIMLEY-HORN & ASSOCIATES INC 07/15/2014 MIDAMERICA AUCTIONS, INC. 07/15/2014 S E H 07/15/2014 S E H 07/15/2014 MANSFIELD OIL CO 07/15/2014 MIDAMERICA AUCTIONS, INC. 07/15/2014 MIDAMERICA AUCTIONS, INC. 07/15/2014 KIMLEY-HORN & ASSOCIATES INC 07/15/2014 MN DEPT OF LABOR & INDUSTRY 07/15/2014 07/15/2014 XCEL ENERGY 07/15/2014 XCEL ENERGY 07/15/2014 A A METCALF MOVING STORAGE CO 07/15/2014 T A SCHIFSKY & SONS, INC 07/15/2014 XCEL ENERGY 07/15/2014 XCEL ENERGY 07/15/2014 BOLER EXPRESS CAR WASH 07/15/2014 BRKW APPRAISALS, INC. 07/15/2014 CINTAS CORPORATION #470 07/15/2014 ANDRUS INVESTMENT 07/15/2014 ASHLAND PRODUCTIONS 07/15/2014 CHARLES E. BETHEL 07/15/2014 GREYSTONE CONSTRUCTION CO 07/15/2014 HASTING CO-OP CREAMERY 07/15/2014 HEALTHEAST VEHICLE SERVICES 07/15/2014 COMMERCIAL FURNITURE SERVICES 07/15/2014 COMMERCIAL FURNITURE SERVICES 07/15/2014 COMMERCIAL FURNITURE SERVICES 07/15/2014 NORTHWEST CHAPTER FBI/NAA 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 KANSAS STATE BANK OF MANHATTAN 07/15/2014 METRO SALES INC 07/15/2014 METROPOLITAN COUNCIL 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR G1, Attachment 1 Council Packet Page Number 63 of 216 92913 00001 REFUND M KROLL TRANS MEDIC 89.89 92914 00001 REFUND N SWANNER TRANS MEDIC 82.93 92915 00001 GERMUNDSON/PANSCH - PREF ONE 80.00 92916 00001 REFUND V SCHREINER TRANS MEDIC 78.53 92917 00001 REFUND D ANDERSON TRANS MEDIC 76.06 92918 00001 REFUND S WOODBURY MEMBERSHIP 62.85 92919 00001 REIMB H DOUGLAS TURF RESTORATION 48.29 92920 00001 REFUND L BARTHOL MEMBERSHIP 46.78 92921 00001 MAPLEWOOD MALL OVERCHG 24.50 92922 00001 REFUND D ELIASON PHOTO CLASS 20.00 92923 02270 PROJ 12-09 ARKWRIGHT-SUNRISE PMT#2 657,017.18 92924 04276 CARTOONING INST EVENING 3/27 - 5/1 510.00 04276 CARTOONING INST SAT 3/29 - 5/3 357.00 92925 05167 FIREWORKS DISPLAY FOR JULY 4TH 15,000.00 92926 01359 VEHICLE WASHES - JUNE 46.62 92927 05338 DUMPSTER & WASTE REMOVAL - JULY 1,260.82 92928 05366 STORM SEWER REPAIR 3056 COTTAGE LN 9,851.46 92929 00198 FINAL BILL 2228 MAPLEWOOD DR 438.45 00198 METER INSTALL & WATER SERVICE 91.13 92930 03826 REPLACE TWIN POLE KENNARD & LEGACY 5,416.00 92931 05342 PROJ 12-14 FIRE DEPT SOUTH PMT#5 335,668.41 92932 04179 PROGRAM DISPLAY SIGN MCC - JUNE 325.00 92933 05220 PROJ 09-09 EMPSTC PMT#7 195,902.3007/15/2014 WEBER, INC. 1,452,742.5857Checks in this report. 07/15/2014 ST PAUL REGIONAL WATER SRVS 07/15/2014 ST PAUL REGIONAL WATER SRVS 07/15/2014 STERNBERG LIGHTING, INC 07/15/2014 TERRA GERERAL CONTRACTORS 07/15/2014 VISUAL IMAGE PROMOTIONS 07/15/2014 PARTNERS IN EDUCATION INC 07/15/2014 PYROTECHNIC DISPLAY, INC. 07/15/2014 REGAL AUTO WASH BILLING 07/15/2014 REPUBLIC SERVICES #923 07/15/2014 SCHURCON INC. 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 PALDA & SONS INC 07/15/2014 PARTNERS IN EDUCATION INC 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR 07/15/2014 ONE TIME VENDOR G1, Attachment 1 Council Packet Page Number 64 of 216 Settlement Date Payee Description Amount 7/7/2014 MN State Treasurer Drivers License/Deputy Registrar 49,586.97 7/7/2014 US Bank VISA One Card*Purchasing card items 60,362.89 7/7/2014 Optum Health DCRP & Flex plan payments 65.29 7/7/2014 U.S. Treasurer Federal Payroll Tax 102,970.08 7/7/2014 P.E.R.A.P.E.R.A.94,391.69 7/7/2014 ICMA (Vantagepointe)Retiree Health Savings 6,259.71 7/7/2014 MN Dept of Natural Resources DNR electronic licenses 1,122.50 7/8/2014 MN State Treasurer Drivers License/Deputy Registrar 49,053.94 7/8/2014 MidAmerica - ING HRA Flex plan 13,598.45 7/8/2014 Labor Unions Union Dues 2,114.90 7/8/2014 MN State Treasurer State Payroll Tax 21,208.80 7/9/2014 MN State Treasurer Drivers License/Deputy Registrar 24,820.57 7/10/2014 MN State Treasurer Drivers License/Deputy Registrar 45,587.78 7/11/2014 MN State Treasurer Drivers License/Deputy Registrar 36,208.89 7/11/2014 Optum Health DCRP & Flex plan payments 6,273.18 7/11/2014 MN Dept of Natural Resources DNR electronic licenses 1,912.50 515,538.14 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachment 1 Council Packet Page Number 65 of 216 Transaction Date Posting Date Merchant Name Transaction Amount Name 06/20/2014 06/23/2014 UNIFORMS UNLIMITED INC.$182.35 LONN BAKKE 06/20/2014 06/23/2014 UNIFORMS UNLIMITED INC.$53.99 LONN BAKKE 06/16/2014 06/18/2014 OFFICE DEPOT #1090 $152.37 REGAN BEGGS 06/24/2014 06/26/2014 STILLWATER VETERINARY $70.00 BRIAN BIERDEMAN 06/24/2014 06/26/2014 DEGE GARDEN CENTER $4.81 OAKLEY BIESANZ 06/24/2014 06/26/2014 DEGE GARDEN CENTER $29.91 OAKLEY BIESANZ 06/25/2014 06/26/2014 MENARDS 3059 $14.99 OAKLEY BIESANZ 06/13/2014 06/16/2014 BATTERIES PLUS #31 $85.68 TROY BRINK 06/20/2014 06/23/2014 FASTENAL COMPANY01 $27.30 TROY BRINK 06/20/2014 06/23/2014 WINNICK SUPPLY $73.94 TROY BRINK 06/20/2014 06/23/2014 WW GRAINGER $61.30 TROY BRINK 06/23/2014 06/24/2014 FASTENAL COMPANY01 $87.57 TROY BRINK 06/25/2014 06/27/2014 SPECIALIZED ARMAMENT $164.95 DAN BUSACK 06/18/2014 06/19/2014 EMERGENCY AUTOMOTIVE $190.40 JOHN CAPISTRANT 06/21/2014 06/23/2014 SPORTSMANS GUIDE $89.99 JOHN CARNES 06/12/2014 06/16/2014 LODGE AT SUGAR LAKE $125.00 NICHOLAS CARVER 06/13/2014 06/16/2014 ACT*10KLAKES $130.00 NICHOLAS CARVER 06/13/2014 06/16/2014 MENARDS 3022 $256.52 SCOTT CHRISTENSON 06/19/2014 06/20/2014 BEARING DIST*($4.63)SCOTT CHRISTENSON 06/19/2014 06/20/2014 VIKING ELECTRIC-CREDIT DE $20.66 SCOTT CHRISTENSON 06/20/2014 06/24/2014 STATE SUPPLY ($339.78)SCOTT CHRISTENSON 06/23/2014 06/24/2014 VIKING ELECTRIC-CREDIT DE ($40.45)SCOTT CHRISTENSON 06/23/2014 06/24/2014 VIKING ELECTRIC-CREDIT DE $112.55 SCOTT CHRISTENSON 06/24/2014 06/25/2014 VIKING ELECTRIC-CREDIT DE $15.77 SCOTT CHRISTENSON 06/24/2014 06/25/2014 VIKING ELECTRIC-CREDIT DE $490.89 SCOTT CHRISTENSON 06/27/2014 06/27/2014 KELE, INC $297.79 SCOTT CHRISTENSON 06/16/2014 06/17/2014 ICMA $998.40 MELINDA COLEMAN 06/25/2014 06/27/2014 APS, A TRIMBLE CO $59.85 KERRY CROTTY 06/13/2014 06/16/2014 THE HOME DEPOT 2810 $38.96 CHARLES DEAVER 06/15/2014 06/16/2014 MENARDS 3022 $3.61 CHARLES DEAVER 06/25/2014 06/26/2014 MENARDS 3022 $25.24 CHARLES DEAVER 06/26/2014 06/27/2014 MENARDS 3022 $10.69 CHARLES DEAVER 06/18/2014 06/19/2014 UNIFORMS UNLIMITED INC.$413.45 RICHARD DOBLAR 06/21/2014 06/23/2014 TI *TASER INTL $468.00 RICHARD DOBLAR 06/25/2014 06/27/2014 KUSTOM SIGNALS, INC.$171.13 RICHARD DOBLAR 06/16/2014 06/17/2014 MINNESOTA ELEVATOR INC $696.46 TOM DOUGLASS 06/19/2014 06/20/2014 STATE SUPPLY $94.44 TOM DOUGLASS 06/19/2014 06/20/2014 SECOA $1,609.13 TOM DOUGLASS 06/19/2014 06/20/2014 SECOA $858.20 TOM DOUGLASS 06/20/2014 06/23/2014 CUSTOM REFRIGERATION $1,693.14 TOM DOUGLASS 06/23/2014 06/24/2014 STATE SUPPLY $162.40 TOM DOUGLASS 06/23/2014 06/24/2014 STATE SUPPLY $76.23 TOM DOUGLASS 06/26/2014 06/27/2014 NATIONALTOOLWAREHOU $28.68 TOM DOUGLASS 06/26/2014 06/27/2014 CAN*CANONBUSSOL CBS $101.22 JOHN DUCHARME 06/15/2014 06/16/2014 KNOWLAN'S MARKET #2 $12.41 PAUL E EVERSON 06/16/2014 06/18/2014 THE HOME DEPOT 2801 $159.88 SHANN FINWALL 06/24/2014 06/26/2014 WIRELESS ZONE #662 $39.99 SHANN FINWALL 06/14/2014 06/17/2014 AR 500 ARMOR $182.00 MARCUS FORSYTHE 06/15/2014 06/17/2014 SKD TACTICAL $300.99 MARCUS FORSYTHE 06/16/2014 06/17/2014 AT SCENE LLC $651.00 MYCHAL FOWLDS 06/21/2014 06/23/2014 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 06/23/2014 06/24/2014 B & H PHOTO-VIDEO.COM $1,299.00 MYCHAL FOWLDS 06/23/2014 06/25/2014 THE HOME DEPOT 2801 $2,500.96 MYCHAL FOWLDS 06/17/2014 06/17/2014 AMAZON.COM $115.00 NICK FRANZEN G1, Attachment 1 Council Packet Page Number 66 of 216 06/17/2014 06/18/2014 AMAZON.COM $271.67 NICK FRANZEN 06/17/2014 06/18/2014 AMAZON.COM $39.92 NICK FRANZEN 06/18/2014 06/18/2014 AMAZON.COM $735.96 NICK FRANZEN 06/24/2014 06/25/2014 HP DIRECT-PUBLICSECTOR $4,095.00 NICK FRANZEN 06/13/2014 06/16/2014 UNIFORMS UNLIMITED INC.$244.80 ANTHONY GABRIEL 06/25/2014 06/26/2014 MN ST IAP ADM PMD PARK $3.50 VIRGINIA GAYNOR 06/20/2014 06/23/2014 BLUE RIBBON BAIT & TACKLE $15.45 CAROLE GERNES 06/17/2014 06/19/2014 PLASTICPRINTERS.COM $536.70 JEAN GLASS 06/19/2014 06/20/2014 FIRST SHRED $15.00 JEAN GLASS 06/20/2014 06/23/2014 NIHCA $89.00 JEAN GLASS 06/24/2014 06/25/2014 PRAIRIE MOON $53.44 JAN GREW HAYMAN 06/25/2014 06/25/2014 AMAZON MKTPLACE PMTS $22.24 JAN GREW HAYMAN 06/25/2014 06/26/2014 AMAZON.COM $14.26 JAN GREW HAYMAN 06/26/2014 06/27/2014 USPS 26833800033400730 $2.50 JAN GREW HAYMAN 06/16/2014 06/17/2014 HENRIKSEN ACE HARDWARE $10.07 MARK HAAG 06/16/2014 06/17/2014 HENRIKSEN ACE HARDWARE $4.79 MARK HAAG 06/16/2014 06/17/2014 HEJNY RENTAL INC $35.97 MARK HAAG 06/23/2014 06/24/2014 MENARDS 3059 $4.60 MARK HAAG 06/23/2014 06/24/2014 JOHN DEERE LANDSCAPES530 $286.68 MILES HAMRE 06/24/2014 06/25/2014 JOHN DEERE LANDSCAPES530 $80.87 MILES HAMRE 06/13/2014 06/16/2014 HENRIKSEN ACE HARDWARE $7.44 TAMARA HAYS 06/13/2014 06/16/2014 HENRIKSEN ACE HARDWARE $5.97 TAMARA HAYS 06/19/2014 06/23/2014 GRUBERS POWER EQUIPMENT $22.58 GARY HINNENKAMP 06/17/2014 06/18/2014 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$1,093.00 DAVID JAHN 06/25/2014 06/26/2014 DAVIS LOCK & SAFE $12.30 DAVID JAHN 06/18/2014 06/20/2014 THE HOME DEPOT 2801 $39.08 KEVIN JOHNSON 06/19/2014 06/20/2014 HENRIKSEN ACE HARDWARE $3.20 KEVIN JOHNSON 06/26/2014 06/27/2014 MIKES LP GAS INC $18.00 DON JONES 06/15/2014 06/16/2014 CURTIS 1000 INC.$157.95 LOIS KNUTSON 06/19/2014 06/20/2014 FIRST SHRED $59.40 LOIS KNUTSON 06/20/2014 06/23/2014 COUNTRY INN BY CARLSON $93.28 LOIS KNUTSON 06/23/2014 06/24/2014 RAINBOW FOODS 00088617 $9.35 LOIS KNUTSON 06/23/2014 06/24/2014 CHIPOTLE 0224 $119.55 LOIS KNUTSON 06/13/2014 06/16/2014 WHITE BEAR AREA CHAMBE $540.00 DUWAYNE KONEWKO 06/25/2014 06/26/2014 MILLS FLEET FARM #2,700 $11.76 JASON KREGER 06/13/2014 06/16/2014 COMCAST CABLE COMM $44.65 DAVID KVAM 06/16/2014 06/17/2014 UNIFORMS UNLIMITED INC.$633.02 DAVID KVAM 06/16/2014 06/17/2014 UNIFORMS UNLIMITED INC.$366.65 DAVID KVAM 06/17/2014 06/18/2014 SPARTAN PROMOTIONAL GRP $302.51 DAVID KVAM G1, Attachment 1 Council Packet Page Number 67 of 216 06/26/2014 06/27/2014 DON'S PAINT & COLLISION $688.69 DAVID KVAM 06/23/2014 06/24/2014 UNIFORMS UNLIMITED INC.$131.99 SCOTT LANGNER 06/16/2014 06/18/2014 ASPEN MILLS INC.$16.00 STEVE LUKIN 06/16/2014 06/18/2014 MINNOCO *$3.03 STEVE LUKIN 06/20/2014 06/23/2014 REPUBLIC SERVICES TRASH $160.28 STEVE LUKIN 06/20/2014 06/23/2014 IN *EMERGENCY RESPONSE SO $618.95 STEVE LUKIN 06/24/2014 06/26/2014 ASPEN MILLS INC.$12.00 STEVE LUKIN 06/13/2014 06/16/2014 BOUND TREE MEDICAL LLC $47.94 MICHAEL MONDOR 06/13/2014 06/16/2014 BOUND TREE MEDICAL LLC $229.98 MICHAEL MONDOR 06/13/2014 06/16/2014 BOUND TREE MEDICAL LLC $1,238.07 MICHAEL MONDOR 06/24/2014 06/26/2014 BOUND TREE MEDICAL LLC $31.92 MICHAEL MONDOR 06/18/2014 06/19/2014 MENARDS 3022 $13.92 JOHN NAUGHTON 06/20/2014 06/23/2014 THE HOME DEPOT 2801 $54.90 JOHN NAUGHTON 06/26/2014 06/27/2014 AMAZON.COM $55.42 MICHAEL NYE 06/12/2014 06/16/2014 PERFORMANCE TRANSMISSI $112.74 STEVEN PRIEM 06/12/2014 06/16/2014 AN FORD WHITE BEAR LAK $210.00 STEVEN PRIEM 06/16/2014 06/17/2014 AN FORD WHITE BEAR LAK $71.23 STEVEN PRIEM 06/16/2014 06/17/2014 POLAR CHEVROLET MAZDA $271.12 STEVEN PRIEM 06/17/2014 06/18/2014 IN *NAAB SALES CORPORATIO $112.64 STEVEN PRIEM 06/17/2014 06/19/2014 TRI-STATE BOBCAT $580.74 STEVEN PRIEM 06/17/2014 06/19/2014 ZARNOTH BRUSH WORKS INC $458.00 STEVEN PRIEM 06/18/2014 06/19/2014 FASTENAL COMPANY01 $17.22 STEVEN PRIEM 06/18/2014 06/19/2014 HENRIKSEN ACE HARDWARE $4.50 STEVEN PRIEM 06/18/2014 06/19/2014 AUTO PLUS LITTLE CANADA $126.60 STEVEN PRIEM 06/18/2014 06/19/2014 AN FORD WHITE BEAR LAK $47.55 STEVEN PRIEM 06/19/2014 06/20/2014 AUTO PLUS LITTLE CANADA ($19.49)STEVEN PRIEM 06/19/2014 06/20/2014 FACTORY MTR PTS #1 $431.44 STEVEN PRIEM 06/19/2014 06/20/2014 AUTO PLUS LITTLE CANADA $63.17 STEVEN PRIEM 06/19/2014 06/20/2014 AUTO PLUS LITTLE CANADA $359.04 STEVEN PRIEM 06/19/2014 06/20/2014 MILLS FLEET FARM #2,700 $46.75 STEVEN PRIEM 06/20/2014 06/23/2014 FASTENAL COMPANY01 $4.07 STEVEN PRIEM 06/20/2014 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MACQUEEN EQUIPMENT INC $130.32 STEVEN PRIEM 06/18/2014 06/19/2014 MENARDS 3022 $1,285.44 KELLY PRINS 06/18/2014 06/19/2014 MENARDS 3059 $17.08 KELLY PRINS 06/18/2014 06/20/2014 AVAC CORPORATION $6.04 KELLY PRINS 06/18/2014 06/20/2014 HOLIDAY STNSTORE 0440 $20.05 KELLY PRINS 06/20/2014 06/23/2014 THE HOME DEPOT 2801 $60.41 KELLY PRINS 06/20/2014 06/23/2014 WW GRAINGER $77.09 KELLY PRINS 06/23/2014 06/24/2014 MENARDS 3059 $348.97 KELLY PRINS 06/25/2014 06/26/2014 BEST BUY MHT 00000109 $26.77 KELLY PRINS G1, Attachment 1 Council Packet Page Number 68 of 216 06/25/2014 06/26/2014 BESTBUYCOM655373038023 $26.77 KELLY PRINS 06/25/2014 06/26/2014 STATE SUPPLY $43.89 KELLY PRINS 06/25/2014 06/26/2014 AMERICAN MUSICAL SUPPL $79.98 KELLY PRINS 06/12/2014 06/16/2014 MINNESOTA OCCUPATIONAL HE $1,107.00 TERRIE RAMEAUX 06/26/2014 06/27/2014 NOVACARE REHB/HEALT $440.00 TERRIE RAMEAUX 06/13/2014 06/16/2014 THE HOME DEPOT 2801 $142.35 MICHAEL REILLY 06/17/2014 06/18/2014 HILLYARD INC MINNEAPOLIS $1,475.14 MICHAEL REILLY 06/20/2014 06/23/2014 DALCO ENTERPRISES, INC $401.26 MICHAEL REILLY 06/23/2014 06/24/2014 HILLYARD INC MINNEAPOLIS $147.02 MICHAEL REILLY 06/12/2014 06/16/2014 WATER GEAR INC.$133.99 LORI RESENDIZ 06/16/2014 06/18/2014 SUPREME AUDIO, INC $22.90 LORI RESENDIZ 06/20/2014 06/23/2014 MENARDS 3059 ($10.61)LORI RESENDIZ 06/20/2014 06/23/2014 PAYPAL *AERIALATES $499.00 LORI RESENDIZ 06/24/2014 06/25/2014 FITNESS WHOLESALE $104.00 LORI RESENDIZ 06/13/2014 06/16/2014 TARGET 00011858 $171.44 AUDRA ROBBINS 06/14/2014 06/16/2014 CTC*CONSTANTCONTACT.COM $55.00 AUDRA ROBBINS 06/16/2014 06/18/2014 NATIONAL RECREATION &$100.00 AUDRA ROBBINS 06/19/2014 06/20/2014 TARGET 00011858 $39.33 AUDRA ROBBINS 06/19/2014 06/20/2014 CUB FOODS #1599 $7.20 AUDRA ROBBINS 06/19/2014 06/23/2014 OFFICE DEPOT #1090 $58.98 AUDRA ROBBINS 06/23/2014 06/24/2014 WWW COMMED ISD622 ORG $2,892.00 AUDRA ROBBINS 06/23/2014 06/24/2014 WWW COMMED ISD622 ORG $867.00 AUDRA ROBBINS 06/26/2014 06/27/2014 HOLIDAY INN ELK RIVER $470.25 AUDRA ROBBINS 06/17/2014 06/18/2014 HEJNY RENTAL INC $125.34 ROBERT RUNNING 06/18/2014 06/19/2014 IN *EMERGENCY RESPONSE SO $275.79 ROBERT RUNNING 06/19/2014 06/20/2014 LTG POWER EQUIPMENT $3.93 ROBERT RUNNING 06/19/2014 06/23/2014 TRI-STATE BOBCAT $40.00 ROBERT RUNNING 06/23/2014 06/25/2014 TRI-STATE BOBCAT $235.00 ROBERT RUNNING 06/25/2014 06/26/2014 OAKDALE RENTAL CENTER $194.00 ROBERT RUNNING 06/26/2014 06/27/2014 OAKDALE RENTAL CENTER $194.00 ROBERT RUNNING 06/13/2014 06/16/2014 AT&T*BILL PAYMENT $10.52 DEB SCHMIDT 06/20/2014 06/23/2014 MN ST IAP ADM PMD PARK $1.75 DEB SCHMIDT 06/24/2014 06/25/2014 BANNERS.COM $94.68 DEB SCHMIDT 06/25/2014 06/26/2014 LILLIE SUBURBAN NEWSPAPE $1,670.25 DEB SCHMIDT 06/25/2014 06/26/2014 LILLIE SUBURBAN NEWSPAPE $76.50 DEB SCHMIDT 06/22/2014 06/24/2014 SIMONSON STATI10180024 $40.85 PAUL SCHNELL 06/26/2014 06/27/2014 MENDOTA HGTS BP $53.55 PAUL SCHNELL 06/14/2014 06/16/2014 REPUBLIC SERVICES TRASH $713.85 SCOTT SCHULTZ 06/16/2014 06/17/2014 TRUGREEN # 5635 $1,948.00 SCOTT SCHULTZ 06/17/2014 06/18/2014 TRUGREEN # 5635 $3,438.00 SCOTT SCHULTZ 06/17/2014 06/18/2014 FLEXIBLE PIPE TOOL COMPAN $405.45 SCOTT SCHULTZ 06/17/2014 06/19/2014 ON SITE SANITATION INC $17.68 SCOTT SCHULTZ 06/18/2014 06/19/2014 FLEXIBLE PIPE TOOL COMPAN $639.40 SCOTT SCHULTZ 06/23/2014 06/25/2014 ON SITE SANITATION INC $1,430.00 SCOTT SCHULTZ 06/23/2014 06/25/2014 ON SITE SANITATION INC $55.00 SCOTT SCHULTZ 06/17/2014 06/19/2014 A-1 LAUNDRY $34.60 CAITLIN SHERRILL 06/25/2014 06/26/2014 BULK CANDY STORE-M $303.96 CAITLIN SHERRILL 06/18/2014 06/19/2014 THOMSON WEST*TCD $321.41 MICHAEL SHORTREED 06/26/2014 06/27/2014 BATTERIES PLUS #31 $33.73 MICHAEL SHORTREED 06/20/2014 06/23/2014 USPS 26833800033400730 $13.58 CHRISTINE SOUTTER 06/12/2014 06/16/2014 LODGE AT SUGAR LAKE $125.00 DAVID SWAN 06/13/2014 06/16/2014 ACT*10KLAKES $130.00 DAVID SWAN 06/14/2014 06/16/2014 STREICHER'S MO $44.98 BRIAN TAUZELL 06/17/2014 06/18/2014 ATK BLACKHAWK $140.90 BRIAN TAUZELL 06/16/2014 06/17/2014 PAYPAL *PLAQUES $59.95 JAMES TAYLOR G1, Attachment 1 Council Packet Page Number 69 of 216 06/19/2014 06/20/2014 FASTSIGNS OF MAPLEWOOD $40.18 JAMES TAYLOR 06/25/2014 06/26/2014 OAKDALE RENTAL CENTER $194.00 TODD TEVLIN 06/24/2014 06/25/2014 UNIFORMS UNLIMITED INC.$528.34 PAUL THIENES 06/17/2014 06/18/2014 MENARDS 3059 $4.27 SUSAN ZWIEG $60,362.89 G1, Attachment 1 Council Packet Page Number 70 of 216 CHECK #CHEC EMPLOYEE NAME 07/03/14 CARDINAL, ROBERT 448.23 07/03/14 JUENEMANN, KATHLEEN 448.23 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 07/03/14 ABRAMS, MARYLEE 448.23 07/03/14 AHL, R. CHARLES 5,959.43 07/03/14 COLEMAN, MELINDA 5,695.68 07/03/14 KOPPEN, MARVIN 448.23 07/03/14 SLAWIK, NORA 509.26 07/03/14 CHRISTENSON, SCOTT 2,228.95 07/03/14 FARR, LARRY 6,259.71 07/03/14 KNUTSON, LOIS 2,397.06 07/03/14 KANTRUD, HUGH 184.62 07/03/14 RAMEAUX, THERESE 3,192.53 07/03/14 BAUMAN, GAYLE 5,052.91 07/03/14 JAHN, DAVID 2,260.54 07/03/14 BURLINGAME, SARAH 244.66 07/03/14 JACKSON, MARY 2,219.30 07/03/14 KELSEY, CONNIE 2,705.98 07/03/14 ANDERSON, CAROLE 1,209.72 07/03/14 DEBILZAN, JUDY 1,441.04 07/03/14 BEGGS, REGAN 1,663.73 07/03/14 GUILFOILE, KAREN 4,742.41 07/03/14 RUEB, JOSEPH 2,999.40 07/03/14 ARNOLD, AJLA 1,781.23 07/03/14 LARSON, MICHELLE 1,821.48 07/03/14 MECHELKE, SHERRIE 1,190.52 07/03/14 SCHMIDT, DEBORAH 3,158.62 07/03/14 SPANGLER, EDNA 1,190.51 07/03/14 RICHTER, CHARLENE 1,082.03 07/03/14 SCHOENECKER, LEIGH 1,803.39 07/03/14 MOY, PAMELA 1,587.35 07/03/14 OSTER, ANDREA 1,991.11 07/03/14 CORCORAN, THERESA 1,984.19 07/03/14 KVAM, DAVID 4,390.71 07/03/14 VITT, SANDRA 1,032.11 07/03/14 WEAVER, KRISTINE 2,459.40 07/03/14 SHORTREED, MICHAEL 4,266.69 07/03/14 SVENDSEN, JOANNE 2,194.22 07/03/14 PALANK, MARY 1,988.80 07/03/14 SCHNELL, PAUL 4,840.36 07/03/14 THOMFORDE, FAITH 1,720.19 07/03/14 WYLIE, TAMMY 512.01 G1, Attachment 1 Council Packet Page Number 71 of 216 07/03/14 ZAPPA, ANDREW 488.97 07/03/14 ABEL, CLINT 3,066.44 07/03/14 BARTZ, PAUL 3,345.76 07/03/14 BELDE, STANLEY 3,137.13 07/03/14 ALDRIDGE, MARK 3,554.54 07/03/14 BAKKE, LONN 3,289.96 07/03/14 BUSACK, DANIEL 3,808.65 07/03/14 CARNES, JOHN 2,562.02 07/03/14 BENJAMIN, MARKESE 2,943.89 07/03/14 BIERDEMAN, BRIAN 3,894.32 07/03/14 DOBLAR, RICHARD 4,177.10 07/03/14 DUGAS, MICHAEL 5,224.82 07/03/14 CROTTY, KERRY 3,757.62 07/03/14 DEMULLING, JOSEPH 3,391.55 07/03/14 FRITZE, DEREK 3,283.47 07/03/14 GABRIEL, ANTHONY 3,725.20 07/03/14 ERICKSON, VIRGINIA 3,318.01 07/03/14 FORSYTHE, MARCUS 2,841.05 07/03/14 HIEBERT, STEVEN 3,453.93 07/03/14 HOEMKE, MICHAEL 2,113.86 07/03/14 HAWKINSON JR, TIMOTHY 3,106.61 07/03/14 HER, PHENG 2,943.89 07/03/14 JOHNSON, KEVIN 4,084.79 07/03/14 KONG, TOMMY 3,095.09 07/03/14 HOFMEISTER, TIMOTHY 496.00 07/03/14 JASKOWIAK, AMANDA 480.00 07/03/14 LANGNER, SCOTT 3,228.28 07/03/14 LANGNER, TODD 3,172.48 07/03/14 KREKELER, NICHOLAS 992.12 07/03/14 KROLL, BRETT 3,222.14 07/03/14 MARINO, JASON 3,292.64 07/03/14 MARTIN, JERROLD 3,447.23 07/03/14 LU, JOHNNIE 559.66 07/03/14 LYNCH, KATHERINE 3,111.30 07/03/14 MICHELETTI, BRIAN 2,086.51 07/03/14 MULVIHILL, MARIA 2,003.97 07/03/14 MCCARTY, GLEN 3,615.55 07/03/14 METRY, ALESIA 3,800.86 07/03/14 OLSON, JULIE 3,066.44 07/03/14 PARKER, JAMES 2,841.05 07/03/14 NYE, MICHAEL 3,737.40 07/03/14 OLDING, PARKER 2,599.33 07/03/14 SCHOEN, ZACHARY 2,150.49 07/03/14 SLATER, BENJAMIN 2,104.83 07/03/14 REZNY, BRADLEY 4,364.82 07/03/14 RHUDE, MATTHEW 3,060.46 07/03/14 TAUZELL, BRIAN 3,025.25 07/03/14 THEISEN, PAUL 3,172.48 07/03/14 STEINER, JOSEPH 3,226.64 07/03/14 SYPNIEWSKI, WILLIAM 3,226.64 07/03/14 THIENES, PAUL 4,022.35 07/03/14 VANG, PAM 360.00 G1, Attachment 1 Council Packet Page Number 72 of 216 07/03/14 WENZEL, JAY 3,236.09 07/03/14 XIONG, KAO 3,066.44 07/03/14 BASSETT, BRENT 340.47 07/03/14 BAUMAN, ANDREW 2,851.63 07/03/14 ANDERSON, BRIAN 321.56 07/03/14 BAHL, DAVID 470.73 07/03/14 CAPISTRANT, JOHN 764.93 07/03/14 CONCHA, DANIEL 201.77 07/03/14 BEITLER, NATHAN 725.12 07/03/14 BOURQUIN, RON 924.60 07/03/14 DABRUZZI, THOMAS 2,625.29 07/03/14 DAWSON, RICHARD 3,326.39 07/03/14 COREY, ROBERT 403.54 07/03/14 CRAWFORD - JR, RAYMOND 2,426.37 07/03/14 HALE, JOSEPH 375.11 07/03/14 HALWEG, JODI 2,917.64 07/03/14 EVERSON, PAUL 3,399.68 07/03/14 HAGEN, MICHAEL 453.97 07/03/14 IMM, TRACY 529.64 07/03/14 KANE, ROBERT 411.89 07/03/14 HAWTHORNE, ROCHELLE 3,998.73 07/03/14 HUTCHINSON, JAMES 875.25 07/03/14 KONDER, RONALD 627.35 07/03/14 KUBAT, ERIC 2,841.22 07/03/14 KARRAS, JAMIE 302.64 07/03/14 KERSKA, JOSEPH 936.29 07/03/14 MILLER, LADD 551.63 07/03/14 MILLER, NICHOLAS 706.19 07/03/14 LINDER, TIMOTHY 2,920.86 07/03/14 LOCHEN, MICHAEL 285.78 07/03/14 MONSON, PETER 170.24 07/03/14 NEILY, STEVEN 18.92 07/03/14 MILLER, RACHEL 491.81 07/03/14 MONDOR, MICHAEL 3,731.87 07/03/14 NOWICKI, PAUL 933.17 07/03/14 OLSON, JAMES 2,905.25 07/03/14 NIELSEN, KENNETH 220.65 07/03/14 NOVAK, JEROME 3,270.65 07/03/14 PACHECO, ALPHONSE 649.43 07/03/14 PETERSON, MARK 397.18 07/03/14 O'NEILL, KEVIN 378.31 07/03/14 OPHEIM, JOHN 540.60 07/03/14 RAINEY, JAMES 1,043.51 07/03/14 RANK, PAUL 926.85 07/03/14 PETERSON, ROBERT 3,022.11 07/03/14 POWERS, KENNETH 794.45 07/03/14 SEDLACEK, JEFFREY 2,843.32 07/03/14 STREFF, MICHAEL 3,031.02 07/03/14 RICE, CHRISTOPHER 875.26 07/03/14 RODRIGUEZ, ROBERTO 460.26 07/03/14 SVENDSEN, RONALD 3,196.04 07/03/14 TRACY, DANIEL 151.32 G1, Attachment 1 Council Packet Page Number 73 of 216 07/03/14 GERVAIS-JR, CLARENCE 4,157.26 07/03/14 LUKIN, STEVEN 4,815.66 07/03/14 SINDT, ANDREA 2,480.20 07/03/14 BRINK, TROY 2,459.39 07/03/14 ZWIEG, SUSAN 1,780.44 07/03/14 CORTESI, LUANNE 1,811.22 07/03/14 EDGE, DOUGLAS 2,210.60 07/03/14 JONES, DONALD 2,243.29 07/03/14 BUCKLEY, BRENT 2,289.48 07/03/14 DEBILZAN, THOMAS 2,250.99 07/03/14 OSWALD, ERICK 2,668.16 07/03/14 RUIZ, RICARDO 1,765.79 07/03/14 MEISSNER, BRENT 2,217.79 07/03/14 NAGEL, BRYAN 3,702.80 07/03/14 BUI, EVAN 1,008.00 07/03/14 BURLINGAME, NATHAN 2,299.20 07/03/14 RUNNING, ROBERT 3,010.10 07/03/14 TEVLIN, TODD 2,248.99 07/03/14 JAROSCH, JONATHAN 3,134.61 07/03/14 LINDBLOM, RANDAL 2,861.52 07/03/14 DUCHARME, JOHN 2,859.20 07/03/14 ENGSTROM, ANDREW 4,034.20 07/03/14 ZIEMAN, SCOTT 1,096.00 07/03/14 JANASZAK, MEGHAN 1,720.19 07/03/14 LOVE, STEVEN 3,852.46 07/03/14 THOMPSON, MICHAEL 4,983.41 07/03/14 HAMRE, MILES 1,730.40 07/03/14 HAYS, TAMARA 1,594.75 07/03/14 KONEWKO, DUWAYNE 4,803.18 07/03/14 DELISLE JR, JACQUES 672.00 07/03/14 NORDQUIST, RICHARD 788.52 07/03/14 PURVES, JUSTIN 1,676.75 07/03/14 HINNENKAMP, GARY 2,644.32 07/03/14 NAUGHTON, JOHN 2,240.99 07/03/14 BIESANZ, OAKLEY 1,631.77 07/03/14 DEAVER, CHARLES 850.83 07/03/14 RANWEILER, GABRIEL 704.00 07/03/14 SALCHOW, CONNOR 741.60 07/03/14 HUTCHINSON, ANN 2,762.98 07/03/14 SOUTTER, CHRISTINE 624.75 07/03/14 GERNES, CAROLE 582.25 07/03/14 HAYMAN, JANET 982.77 07/03/14 KROLL, LISA 2,024.19 07/03/14 YOUNG, TAMELA 2,144.99 07/03/14 WACHAL, KAREN 169.59 07/03/14 GAYNOR, VIRGINIA 3,383.30 07/03/14 MARTIN, MICHAEL 2,939.39 07/03/14 BRASH, JASON 2,696.99 07/03/14 EKSTRAND, THOMAS 3,984.62 07/03/14 FINWALL, SHANN 3,371.40 07/03/14 CARVER, NICHOLAS 3,628.62 07/03/14 SWAN, DAVID 2,884.99 G1, Attachment 1 Council Packet Page Number 74 of 216 07/03/14 SWANSON, CHRIS 1,827.39 07/03/14 WEIDNER, JAMES 1,440.00 07/03/14 BJORK, BRANDON 1,933.50 07/03/14 BRENEMAN, NEIL 2,483.79 07/03/14 WELTI, ANDREW 300.00 07/03/14 WELLENS, MOLLY 1,836.60 07/03/14 KONG, KATELYNE 42.00 07/03/14 LARSON, KATELYN 622.06 07/03/14 COLE, BENJAMIN 612.00 07/03/14 GORACKI, GERALD 49.88 07/03/14 ROBBINS, CAMDEN 215.00 07/03/14 RUSS, KAYLA 94.50 07/03/14 LARSON, TRISTA 429.00 07/03/14 ROBBINS, AUDRA 3,473.33 07/03/14 TAYLOR, JAMES 3,149.54 07/03/14 VUKICH, CANDACE 648.00 07/03/14 RYCHLICKI, NICHOLE 720.00 07/03/14 SLAWIK, VICTORIA 170.00 07/03/14 ORE, JORDAN 1,765.79 07/03/14 SCHULTZ, SCOTT 3,487.37 07/03/14 ADAMS, DAVID 2,100.01 07/03/14 HAAG, MARK 2,594.63 07/03/14 GLASS, JEAN 2,216.16 07/03/14 HAUBLE, AMANDA 89.25 07/03/14 WILBER, JEFFREY 1,684.19 07/03/14 EVANS, CHRISTINE 1,537.39 07/03/14 KULHANEK-DIONNE, ANN 529.50 07/03/14 MEYER, SASHA 1,713.76 07/03/14 HOFMEISTER, MARY 1,181.68 07/03/14 KELLEY, CAITLIN 1,027.29 07/03/14 SMITH, CORTNEY 285.01 07/03/14 ST SAUVER, CRAIG 294.50 07/03/14 PELOQUIN, PENNYE 620.83 07/03/14 SKRYPEK, JOSHUA 197.50 07/03/14 AICHELE, MEGAN 161.26 07/03/14 AKEY, SHELLEY 81.00 07/03/14 STAHLMANN, ELLEN 212.50 07/03/14 VUE, LOR PAO 155.13 07/03/14 BAETZOLD, SETH 145.38 07/03/14 BAUDE, JANE 40.15 07/03/14 ANDERSON, JOSHUA 657.63 07/03/14 BAETZOLD, CLAIRE 36.75 07/03/14 BERGLUND, ERIK 181.25 07/03/14 BESTER, MICHAEL 103.50 07/03/14 BAUDE, SARAH 78.64 07/03/14 BEAR, AMANDA 47.25 07/03/14 BUTLER, ANGELA 36.00 07/03/14 CORCORAN, JOSHUA 270.00 07/03/14 BORCHERT, JONATHAN 93.50 07/03/14 BUCKLEY, BRITTANY 612.50 07/03/14 CRANDALL, ALYSSA 267.01 07/03/14 CRANDALL, KRISTA 370.19 G1, Attachment 1 Council Packet Page Number 75 of 216 07/03/14 DEMPSEY, BETH 189.37 07/03/14 DRECHSEL, HEIDI 58.89 07/03/14 EKSTRAND, DANIEL 204.76 07/03/14 EPLAND, PETER 146.00 07/03/14 DUCHARME, DANIELLE 56.00 07/03/14 DUNN, RYAN 546.89 07/03/14 FARRELL, DANIEL 123.26 07/03/14 FONTAINE, KIM 776.43 07/03/14 ERICKSON-CLARK, CAROL 37.12 07/03/14 ERICSON, RACHEL 355.73 07/03/14 GRUENHAGEN, LINDA 127.00 07/03/14 HAGSTROM, EMILY 67.80 07/03/14 GADOW, VERONIKA 425.99 07/03/14 GRAY, MEGAN 565.10 07/03/14 HOLMBERG, LADONNA 258.20 07/03/14 HORWATH, RONALD 3,000.03 07/03/14 HANSEN, HANNAH 742.27 07/03/14 HEINRICH, SHEILA 448.39 07/03/14 KEEFE, ANDEE 29.26 07/03/14 KOHLER, ROCHELLE 83.26 07/03/14 HUNTLEY, NATALIE 80.63 07/03/14 JOHNSON, BARBARA 500.30 07/03/14 LAMEYER, ZACHARY 466.64 07/03/14 LAMSON, ELIANA 27.00 07/03/14 KOZDROJ, GABRIELLA 25.00 07/03/14 LAMEYER, BRENT 170.38 07/03/14 MUSKAT, JULIE 20.00 07/03/14 NADEAU, TAYLOR 14.60 07/03/14 MASON, AMY 71.69 07/03/14 MCCOMAS, LEAH 296.25 07/03/14 OHS, CYNTHIA 207.00 07/03/14 PROESCH, ANDY 209.00 07/03/14 NITZ, CARA 395.00 07/03/14 NORTHOUSE, KATHERINE 247.50 07/03/14 REHLING-ANDERSON, LORIE 312.50 07/03/14 RENSTROM, KEVIN 721.50 07/03/14 RANEY, COURTNEY 784.50 07/03/14 RAU, COLE 97.88 07/03/14 RODILES, CECILLIA 57.00 07/03/14 ROLLERSON, TERRANCE 65.00 07/03/14 RESENDIZ, LORI 2,597.77 07/03/14 RICHTER, DANIEL 170.10 07/03/14 SCHREIER, ROSEMARIE 142.25 07/03/14 SCHREIER, ZACHARY 192.75 07/03/14 SCHERER, KATHLENE 50.00 07/03/14 SCHREIER, ABIGAIL 469.13 07/03/14 SMITH, JEROME 252.00 07/03/14 SMITLEY, SHARON 388.52 07/03/14 SKUNES, KELLY 546.13 07/03/14 SMITH, ANN 138.71 07/03/14 SYME, ABBEY 455.88 07/03/14 SYME, LAUREN 22.05 G1, Attachment 1 Council Packet Page Number 76 of 216 9990069 9990070 9990071 9990072 07/03/14 MILLER, MELISSA 737.25 539,282.80 07/03/14 HANNIGAN, RACHEL 49.00 07/03/14 FRANZEN, NICHOLAS 2,988.47 07/03/14 KREGER, JASON 2,353.80 07/03/14 DIAZ, SARITA 38.50 07/03/14 XIONG, BOON 1,544.99 07/03/14 BERGO, CHAD 2,824.09 07/03/14 FOWLDS, MYCHAL 4,189.58 07/03/14 COUGHLIN, NATALIE 14.03 07/03/14 JACOBSON, AMANDA 640.00 07/03/14 PRIEM, STEVEN 2,520.89 07/03/14 WOEHRLE, MATTHEW 2,414.91 07/03/14 REILLY, MICHAEL 2,022.49 07/03/14 STEFFEN, MICHAEL 102.00 07/03/14 COUNTRYMAN, BRENDA 1,320.00 07/03/14 MAIDMENT, COLIN 669.00 07/03/14 MALONEY, SHAUNA 325.00 07/03/14 PRINS, KELLY 1,935.54 07/03/14 KRECH, ELAINE 605.23 07/03/14 LEYVA LUNDBERG, DANTE 107.20 07/03/14 LOONEY, RAYJEANIA 156.00 07/03/14 TREPANIER, TODD 327.75 07/03/14 TRUONG, CHAU 126.00 07/03/14 WALES, ABIGAIL 258.46 07/03/14 WARNER, CAROLYN 198.00 07/03/14 TUPY, HEIDE 22.90 07/03/14 TUPY, MARCUS 95.00 07/03/14 YUNKER, JOSEPH 46.00 07/03/14 LANGER, CHELSEA 161.50 07/03/14 WEINHAGEN, SHELBY 393.50 07/03/14 WHITE, DANICA 198.47 07/03/14 INDA, ANTHONY 88.00 07/03/14 WISTL, MOLLY 510.89 07/03/14 BOWMAN, CHRIS 300.00 07/03/14 MOSLOSKI, JESSICA 72.25 07/03/14 RANGEL, SAMANTHA 152.00 07/03/14 DOUGLASS, TOM 1,942.59 07/03/14 CRAWFORD, SHAWN 420.00 07/03/14 CUSICK, JESSICA 131.75 G1, Attachment 1 Council Packet Page Number 77 of 216 G2 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Terrie Rameaux, Human Resource Coordinator DATE: July 15, 2014 SUBJECT: Approval of Resolution for 2014 Pay Rates for Temporary/Seasonal and Casual Part-Time Employees Introduction/Background Please forward the attached resolution to the City Council for approval. It is recommended that this resolution be adopted to replace the existing resolution establishing pay rates for temporary, seasonal, and casual part-time employees. This resolution is updated annually to provide a current competitive wage scale when hiring for these positions. However, due to the recent change in Minnesota minimum wage law for large employers, mandated changes will be effective over the next three years--August 1, 2014, the minimum wage increases to $8 per hour; August 1, 2015--$9 per hour; August 1, 2016--$9.50 per hour. Budget Impact After reviewing our employee data, this change will only affect temp/seasonal/casual employees. All other employees currently make more than $9.50 per hour. The Parks and Recreation Department (specifically Recreation Programs and the Community Center) will incur the majority of the costs associated with this change. Based on 2013 data, the initial impact will be about $3,300 rising to $30,000 per year in 2016. Recommendation This is a change mandated by State law. It is recommended that the Council adopt the attached resolution to be effective on August 1, 2014 with respect to the new minimum wage law. Attachment 1) Resolution for 2014 Temporary/Seasonal and Casual P/T Employees amended 8/1/14 Council Packet Page Number 78 of 216 G2, Attachment 1 RESOLUTION WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time employees effective August 1, 2014 upon Council approval. Accountant $10.00-30.00 per hour Accounting Technician $9.00-22.00 per hour Administrative Assistant $9.00-23.00 per hour Background Investigator $25.00-35.00 per hour Building Inspector $14.00-35.00 per hour Building Attendant $8.00-15.00 per hour Customer Service Assistant $8.00-15.00 per hour CSO $14.50-19.50 per hour Data Entry Operator $8.00-12.00 per hour Election Judge $8.00-12.00 per hour Election Judge - Assistant Chair $9.00-15.00 per hour Election Precinct Chair $9.00-16.00 per hour Engineering Aide $8.00-16.00 per hour Engineering Technician $10.00-16.00 per hour Fire Maintenance/Engineer ** $14.71 per hour Firefighter-in-Training (new hire) ** $10.51 per hour Firefighter/EMT ** $12.61 per hour Firefighter/Paramedic ** $13.66 per hour Firefighter/EMT Captain ** $14.71 per hour Firefighter/Paramedic Captain ** $15.76 per hour Battalion Chief ** $16.81 per hour Intern $8.00-20.00 per hour IT Technician $15.00-20.00 per hour Laborer $8.00-14.00 per hour Lifeguard $8.00-14.00 per hour Manager-on-Duty Differential $1.00 per hour Office Specialist $8.50-18.00 per hour Receptionist $8.00-16.00 per hour Recreation Instructor/Leader $8.00-32.00 per hour Recreation Official $8.00-30.00 per hour Recreation Worker $8.00-18.00 per hour Theater Technician $20.00-30.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordinator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour Water Safety Instructor (WSP) Differential $2.00 per hour Head Lifeguard (hlg) Differential $1.00 per hour Water Safety Aide (WSA) Differential $.50 per hour Council Packet Page Number 79 of 216 G2, Attachment 1 *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. ** Fire Department positions shall receive a $2 per hour differential for working the following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Council Packet Page Number 80 of 216 G3 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: July 18, 2014 SUBJECT: Approval of a Temporary Lawful Gambling Permit and Permit Fee Waivers for the Church of St Jerome. Introduction An application has been submitted for a temporary lawful gambling permit by Father Cletus Basekela on behalf of the Church of St Jerome, 380 E Roselawn Avenue. The lawful gambling permit is for bingo and pull-tabs at the Fall Festival and Booya that the church hosts annually. The event will be held on Sunday, September 21, 2014 from 10:00am to 5:00pm and proceeds will go towards offsetting the Church’s annual deficit and cost of operating St. Jerome School. In addition to the lawful gambling permit application for their event on September 21, 2014 a temporary tent, food sales and on-sale intoxicating liquor permit application has been submitted, with fees totaling $311.00; Mr. Basekela is requesting the fees for these permit be waived. Further, Mr. Basekela is requesting a $55.00 fee waiver for a temporary food permit for their annual Booya, held on October 26, 2014 from 6:00am to 2:00pm. Similarly, proceeds will go towards offsetting the Church’s annual deficit and cost of operating St. Jerome School. Budget Impact None Recommendation Staff recommends that Council approve the temporary Lawful Gambling permit for the Church of St Jerome, 380 E Roselawn Avenue. It is further recommended that the Council approve that fees of $366.00 be waived for the accompanying temporary tent, food sales (2) and on-sale intoxicating liquor permit. Council Packet Page Number 81 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: July 23, 2014 SUBJECT: Approval of an Environmental Assistance Grant Program Submittal with the Minnesota Pollution Control Agency Introduction The Environmental Assistance Grant Program is administered by the Minnesota Pollution Control Agency (MPCA). Through the grant the MPCA seeks to encourage environmentally- sustainable practices and approaches to pollution prevention and resource conservation. There is approximately $1 million in grant funds available during the 2014-2015 grant round. The City of Maplewood has applied for a grant under the City Sustainability Policy Development focus area in order to implement the Green Building Program. This memorandum describes the Environmental Assistance grant application as well as other sustainable policy development that will support the Green Building Program. Background Green Building Code Maplewood adopted the International Green Building Code in 2013. Provisions of the Code exceed state energy codes and provide green building standards that reduce negative impacts of the built environment on the natural environment. The Code is mandatory for all City-owned and financed buildings. The Code identifies a future incentive program to be created by the City to promote voluntary compliance with the Code from private properties City Leadership Group on Commercial Energy Competitiveness The City of Maplewood is participating in the City Leadership Group on Commercial Energy Competitiveness (CLGCEC). Through our participation the City was eligible to apply for and was awarded a $5,000 grant to fund the Green Building Program - an incentive program to promote voluntary compliance with the Green Building Code from private properties. The grant funds are secured by the Joyce Foundation and are administered by the Great Plains Institute and Metro Clean Energy Resource Teams. A memorandum of understanding outlining the use of the grant funds will be drafted and presented to the City for approval soon. Minnesota GreenCorp Host Site The City of Maplewood’s application to host a GreenCorp member was approved by the Minnesota Pollution Control Agency (MPCA). The GreenCorp member will focus on the implementation of the Green Building Program and other energy and sustainability goals. The member begins full-time in September 2014 until September 2015. A host site agreement will be drafted and presented to the City for approval soon. G4 Council Packet Page Number 82 of 216 Discussion MPCA Environmental Assistance Grant The City of Maplewood applied for an Environmental Assistance Grant through the MPCA in order to further fund the Green Building Program. The maximum award for the City Sustainability Policy Development focus area is $20,000 with a 25 percent match required. The grant funds will cover the cost of recommissioning studies on commercial and industrial buildings and promote and educate property owners on the Green Building Code. In return, the building owner will implement at least one of the improvements specified in the study and report performance to the City. The Green Building Program will remove technical and financial barriers to these improvements and help the City meet energy and sustainability goals. The CLGCEC $5,000 grant will be used as the required 25 percent match and the GreenCorp member will assist in the implementation of the Program. Budget Impact On July 16, 2014, the City of Maplewood applied for a $20,000 Environmental Assistance grant administered through the MPCA. The grant requires a 25 percent match which will be covered by the City’s recently awarded CLGCEC $5,000 energy grant. Recommendation Approve the attached resolution authorizing the City of Maplewood’s application for an Environmental Assistance grant in order to implement the City’s Green Building Program. Language in the resolution requiring that the City enter into a grant agreement with the MPCA if funds are awarded that would identify the terms, conditions, and funding is a requirement of the grant submittal. Attachments 1.MPCA FY 2014-20515 Grant Program Authorization Resolution G4 Council Packet Page Number 83 of 216 RESOLUTION No. _____ Minnesota Pollution Control Agency FY 2014-2015 Grant Program Authorization Resolution WHEREAS, the City of Maplewood has applied for a grant from the Minnesota Pollution Control Agency (MPCA), under its FY 2014-2015 Environmental Assistance Grant Program; and WHEREAS, if the MPCA funding is received, the City of Maplewood is committed to implementing the proposed project as described in the grant application; and WHEREAS, MPCA requires that the City of Maplewood enter into a grant agreement with the MPCA that identifies the terms and conditions of the funding award; BE IT RESOLVED THAT the City of Maplewood hereby agrees to enter into and sign a grant agreement with the MPCA to carry out the project specified therein and to comply with all of the terms, conditions, and matching provisions of the grant agreement and authorizes and directs Melinda Coleman, Interim City Manager, to sign the grant agreement on its behalf. The Maplewood City Council adopts this resolution on July 28, 2014. SIGNED: WITNESSED: Mayor ______________________________ City Clerk_________________________ Date________________________________ Date_____________________________ G4, Attachment 1 Council Packet Page Number 84 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Martin, AICP, Planner DATE: July 22, 2014 SUBJECT: Approval of a Conditional Use Permit Review, All Metro Glass, 1357 Cope Avenue Introduction The conditional use permit (CUP) for All Metro Glass at 1357 Cope Avenue is due for its annual review. The CUP allows for a window and door fabrication/installation business. In addition to the CUP, the city council at its meeting on July 25, 2011 approved a parking reduction for this site and design and landscaping plans. Background On July 25, 2011, the city council approved a conditional use permit, a parking reduction of 66 spaces and design and landscaping plans. On July 23, 2012, the city council reviewed the CUP and agreed to review it again in one year. On July 22, 2013, the city council reviewed the CUP and agreed to review it again in one year. Code Requirement Section 44-1100(a) of the zoning code states that CUPs shall be reviewed by the city council within one year of approval. At the one-year review, the council may specify an indefinite term for a subsequent review or a specific term not to exceed five years. Discussion All Metro Glass has completed all construction and landscaping. Staff has not heard any neighborhood complaints or concerns. Staff recommends reviewing this permit again only if a problem arises or a major change is proposed. Budget Impact None. G5 Council Packet Page Number 85 of 216 Recommendation Review the conditional use permit All Metro Glass again only if a problem arises or a major change is proposed. Attachments 1. Location/Zoning Map 2. Land Use Plan Map 3. Site/Landscaping Plan 4. City Council Minutes, July 25, 2011 5. CUP Resolution G5 Council Packet Page Number 86 of 216 1357 Cope Avenue 1357 Cope Avenue Copyright MaplewoodBaseMap Chad Berge ;I 0.0 25 ,,,, ~ Parcels: Th is data set Is available to everyone . Fees and po licy are published in the Ramsey County Fee Schedule . Charges ar e variable and are subject to change. See the Ramsey County Fee Schedule for specific information on fees and policy. http :/ /maps .ci.rnaplewood .mn. us/aspnet_ client/ESRI/WebADF /PrintTaskLayoutTemplates ... 6/22/2011 Packet Page Number 109 of206 G5, Attachment 1 Council Packet Page Number 87 of 216 G5, Attachment 2 Council Packet Page Number 88 of 216 II I to I~ --OIIaW.L8111!PLAK/L.IoND<ICN'E PLAN ir ( r r r I r 'I T 'f J "! J1 I Ill IJ fj; II U! II f!! \ m·' ~ J I \ r1 ( , 11 IQ ) n fi Packet Page Number 111 of 206 G5, Attachment 3 Council Packet Page Number 89 of 216 J. NEW BUSINESS MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m ., Monday, July 25, 2011 Council Chambers, City Hall Meeting No . 14-11 2. Approval of Conditional Use Permit Revision, Parking Reduction Waiver and Design Review Former Corner Kick Soccer Center, 1357 Cope Avenue Senior Planner Ekstrand gave the report. Planning Commissioner AI Bierbaum spoke . Matt Ledvina from the Community Design Review Board addressed the council. Mike McGrath, owner of the building located at 1357 Cope Avenue addressed the council. Councilmember Nephew moved to approve the Conditional Use Permit Revision, Parking Reduction Waiver and Design Review Former Corner Kick Soccer Center, 1357 Cope Avenue with the following condition added. The uses of the building shall be restricted to those that would generate the amount of parking that is available on the site . Seconded by Councilmember Llanas Ayes -All The motion passed. G5, Attachment 4 Council Packet Page Number 90 of 216 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS , Mike McGrath requested a revision to the conditional use permit for the former Corner Kick Soccer Center to make exterior building and site renovations because the proposed building improvements are taking place within 350 feet of residential property . WHEREAS , Section 44-637(b) of the city ordinances requires a conditional use permit for any building or exterior use in the M-1 zoning district if it is within 350 feet of a residential district. WHEREAS , this permit applies to the property at 1357 Cope Avenue legally described as : 10-29-22 -32-00-14 IN SECTION 10 , TOWNSHIP 29 , RANGE 22 , EXCEPT WEST 398FT; THE PARTS OF HWY 36 & WEST RAiLROAD RIW (Bruce Vento Trail) OF THE NW Y4 OF SW 14 (SUBJECT TO ROAD) WHEREAS , the history of this conditional use permit revision is as follows : 1. On July 5, 2011 , the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners . The planning commission gave persons at the hearing a chance to speak and present written statements . The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use perm it revision . 2. On July 25 , 2011 the city council discussed the proposed conditional use permit revision . They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE , BE IT RESOLVED that the city council approves the above-described conditional use permit revision for the following reasons: 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 preservat ion of and incorporate the site's natural and scenic features into the development design . G5, Attachment 5 Council Packet Page Number 91 of 216 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions : 1. All construction shall follow the plans date-stamped May 17 , 2011. The city council shall review any major changes proposed . Staff may approve minor changes . 2. The city council shall review this permit in one year. 3. The applicant shall comply with all conditions of the city engineer, building official and fire marshal. 4 . The applicant shall revise the landscaping plan for staff approval to provide for a visual buffer along the frontage of the property between the two driveways to block headlights from shining into neighboring properties . This buffer shall be at least three to four feet tall. 5. Site lights and noise shall be controlled to follow the requirements of the city ordinance . 6. This permit includes a parking waiver for the applicant to provide 60 parking spaces with the potential for 23 additional future spaces. If further spaces are needed , the applicant shall restripe the parking lot to provide at least 15 additional spaces at the ends of the proposed parking rows. The Maplewood City Council adopted this resolution on July 25 , 2011 . G5, Attachment 5 Council Packet Page Number 92 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Martin, AICP, Planner DATE: July 22, 2014 SUBJECT: Approval of a Conditional Use Permit Review, South Metro Human Services Mental Health Care Facility, 1111 Viking Drive Introduction The conditional use permit (CUP) for South Metro Human Services at 1111 Viking Drive is due for its annual review. The CUP allows South Metro Human Services to operate the Community Foundations program, a mental health care facility with temporary housing for 16 patients, at the former Ethan Allen furniture store. The city ordinance required a CUP for the housing portion of this proposal. The counseling, clinic and office uses are allowed by ordinance. Background On July 25, 2011, the city council approved a conditional use permit, a parking reduction of 21 spaces and design and landscaping plans. On July 23, 2012, the city council reviewed the CUP and agreed to review it again in one year. On July 22, 2013, the city council reviewed the CUP and agreed to review it again in one year. Code Requirement Section 44-1100(a) of the zoning code states that CUPs shall be reviewed by the city council within one year of approval. At the one-year review, the council may specify an indefinite term for a subsequent review or a specific term not to exceed five years. Discussion South Metro Human Services has completed all of its renovation work and has occupied the building. Staff is not aware of any neighborhood complaints or concerns at this point. During the 2013 review, the trash enclosure had yet to be built but it is now in place. Staff recommends reviewing this permit again only if a problem arises or a major change is proposed. Budget Impact None. G6 Council Packet Page Number 93 of 216 Recommendation Review the conditional use permit for South Metro Human Services again only if a problem arises or a major change is proposed. Attachments 1. Location/Zoning Map 2. Land Use Plan Map 3. Site Plan 4. City Council Minutes, July 25, 2011 G6 Council Packet Page Number 94 of 216 Location/Zoning Map Location/Zoning Map Copyright MaplewoodBaseMap Chad Sergo Parcels: This data set is available to everyoM. Fees and policy are published in the Ramsey County Fee Schedule . Charges are variable and are subject to change . See the Ramsey County Fee Schedule for specific i nformation on fees and policy . Pac~U~~~od.mn.us/aspnet_ client/ESRI/WebADF /PrintTaskLayoutTemplates... 4/13/2011 G6, Attachment 1 Council Packet Page Number 95 of 216 ""0 D.l 0 !! ""0 D.l (0 CD z c 3 0" CD ..., _. (..) CD ~ 1\.) 0 (J) Kohlman Lake -Future Land Use Map r=J Rural/ Low Density Residential (0.5-1.5 Units per Acre) r=J Low Density Residential (2.6 -6.0 Units per Acre) r m I Medium Density Residential (6.1 -10.0 l:Jnits per Acre) .. High Density Residential (1 0.1 -25.0 Units per Acre) ~Mixed Use (6.0-31.0 Units per Acre) .. Commercial r=J Industrial .. Government == Institutional . .. Park r=J Open Space I ~ -1 Water Neighborhoods January 25, 2010 IN "~ 0 1,800 CI'IYOF MAPLEWOOD 2030 COll-IPREHENSIVE PLAN PROPOSED COMMUNITY FOUNDATIONS 1111 VIKING DRWE G6, Attachment 2Council Packet Page Number 96 of 216 GERVAIS AVENUE GENERAL SITE NOTES 1. ALL TREES SHOWN ARE EXISTING 0 50 100 ~ ORNAMENTALMETALFENCE I NNING WENDE ASSOCIATES, INC . Z75 FOURTH STREET EAST. SUITE 1120 SAINT PALL, MN 55101 _h PHONE : 1161.221.Q915 FAX: 851.222.8259 r----H\1r ----T n1~~~~~~/~··~~R--~-~y-·-- 11 ~,...-,,_ __ -~ 1---•·-. "~ .... ~ .• ±±f±±f:! ___ ~~---rf v=-lb ' ===-- @ ORNAMENTAL METAL ~ SWINGGATE SOUTH METRO HUMAN SERVICES COMMUNITY FOUNDATIONS RELOCATION 1111 VIKING DRIVE EAST MAPLEWOOD. MN 55109 AS-1.1a SITE PLAN - G6, Attachment 3 Council Packet Page Number 97 of 216 J. NEW BUSINESS MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m., Monday, July 25, 2011 Council Chambers, City Hall Meeting No. 14-11 3. Approval of Conditional Use Permit, Design Review and Parking Reduction Authorization for South Metro Human Services Mental Health Care Facility, 1111 Viking Drive Senior Planner Ekstrand gave the report. Planning Commissioner AI Bierbaum spoke. Matt Senior Planner Ekstrand gave the staff report. Matt Ledvina from the Community Design Review Board addressed the council. Planning Commissioner AI Bierbaum spoke. The following people spoke: 1. Ken Frigstad, Maplewood 2 . John Wycoff, Maplewood 3. Bob Zick, North St. Paul 4. Don Huot, Maplewood 5. Terry Schneider, Conditional Use Permit Applicant 6. Dick Seppala , Maplewood 7 . Ken Frigstad, Maplewood-second appearance Councilmember Llanas moved to approve the Conditional Use Permit , Design Review and Parking Reduction Authorization for South Metro Human Services Mental Health Care Facility , 1111 Viking Drive as amended. RESOLUTION 11-7-602A CONDITIONAL USE PERMIT WHEREAS, South Metro Human Services has applied for a conditional use permit to operate the Community Foundations program , a mental health care facility with temporary housing for 16 patients. WHEREAS , Section 44-1092(3) of the city ordinances requires a conditional use permit for residential programs in zoning districts where they are not specifically prohibited. WHEREAS , this permit applies to the property located at 1111 Viking Drive. The legal description is: The North 55 rods of the West 32 rods of the Southeast Y4 of Section 9, Township 29 , Range 22, except portions taken by the State of Minnesota for highway purposes . Above property is subject to a cartway over and across North 16 feet , more or less , thereof. WHEREAS , the history of this conditional use permit is as follows : G6, Attachment 4 Council Packet Page Number 98 of 216 1. On July 5, 2011, the planning commission held a public hearing . The city staff published a notice in the paper 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 also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On July 25 , 2011, the city council considered reports and recommendations of the city staff and planning commission . NOW, THEREFORE , BE IT RESOLVED that the city council approved the above- described conditional use permit, because: 1. The use would be located, designed, maintained , constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 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, dra inage, 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 no more than minimal adverse environmental effects . Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Staff may approve minor changes . 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 . Before the applicant obtains a building permit, they shall sign an agreement with the city agreeing to pay an annual assessment of $1 ,000 per year for ten years to defray the cost of police calls to the facility . G6, Attachment 4 Council Packet Page Number 99 of 216 5 . Additional housing units cannot be added without a revision of this permit. 6. The applicant shall provide on-site staffing 24 hours a day and 365 days a year, this is to ensure the health and safety of the residents in accordance with Minnesota Statute Section 245A.11 . 7 . This conditional use permit is granted based on the pertinent requirements of federal and state laws, which are Minnesota Statute Section 245A.11 and the requirements of the FHA, the FHAA and the ADA (the Fair Housing Act, the Fair Housing Act Amendment of 1988 and the American's with Disabilities Act) which all have requirements about accommodations for people with disabilities in various ways . · The Maplewood City Council approved this resolution on July 25, 2011. Seconded by Councilmember Nephew Ayes -All The motion passed . G6, Attachment 4 Council Packet Page Number 100 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Martin, AICP, Planner DATE: July 22, 2014 SUBJECT: Approval of a Conditional Use Permit Review, Our City, Our Neighborhood Church, 1812 North Saint Paul Road Introduction The conditional use permit (CUP) for the Our City, Our Neighborhood Church, at 1812 North Saint Paul Road is due for its annual review. City ordinance requires a conditional use permit for churches. Background On July 22, 2013, the city council approved a CUP to allow a church at this site. Code Requirement Section 44-1100(a) of the zoning code states that CUPs shall be reviewed by the city council within one year of approval. At the one-year review, the council may specify an indefinite term for a subsequent review or a specific term not to exceed five years. Discussion Our City, Our Neighborhood has applied to the city for a building permit to continue the conversion of the building at 1812 North St. Paul Road into a church. Staff is not aware of any neighborhood complaints or concerns at this point of the project. Staff recommends reviewing the permit for the church again in one year or sooner is a major problem arises. Budget Impact None. Recommendation Review the conditional use permit for the Our City, Our Neighborhood Church again in one year or sooner is a major problem arises. G7 Council Packet Page Number 101 of 216 Attachments 1. Location Map 2. Aerial Map 3. Applicant’s Proposed Floor Plan 4. City Council Minutes, July 22, 2013 G7 Council Packet Page Number 102 of 216 • I I I l '/ I<; I ~, J"'-==--t I' I ~-~ ~ ~ 1812 No nt Paul Ro~1c~. (Prog re. Churc ) j f II I! ·r~ ' l < Proposed Church -1812 North Saint Paul Road Location Map 6 G7, Attachment 1 Council Packet Page Number 103 of 216 Proposed Church -1812 North Saint Paul Road Aerial Map 7 G7, Attachment 2 Council Packet Page Number 104 of 216 .o-.91r z <C ..J a. ..J w > w ..J ti a: -LL ;:: < 0 I . , c. c::: .. 0 ~..;_;~ H1L ~;~.~~ . ~ . .. ;. l .. 0 @HH 0 :l > c :s z ::a.~ .. "C I G7, Attachment 3 Council Packet Page Number 105 of 216 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 22, 2013 Council Chambers, City Hall Meeting No. 13-13 1. Approval of Resolution for a Conditional Use Permit, Our City/Our Neighborhood Church at 1812 North St. Paul Road City Planner Martin gave the staff report and answered questions of the council. Samuel Ly, Pastor of Our City-Our Neighborhood Church addressed and answered questions of the council. Planning Commissioner Trippler addressed and gave the report from the Planning Commission. Mayor Rossbach moved to approve the resolution approving a Conditional Use Permit for Our City – Our Neighborhood Church, located at 1812 North Saint Paul Road including the 8 conditions listed with condition number five being reworded to clarify that the applicant’s parking be confined to the site and not allowed on city streets that prohibit on-street parking or neighboring properties, unless approved by a neighboring property owner and the city council. RESOLUTION 13-7-946 CONDITIONAL USE PERMIT WHEREAS, the Our City – Our Neighborhood Church applied for a conditional use permit to operate a church. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for churches and institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 1616 Gervais Avenue. The property identification number is: 14-29-22-33-0012 WHEREAS, the history of this conditional use permit is as follows: 1. On July 16, 2013, the planning commission held a public hearing. The city staff published a notice in the paper 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 also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On July 22, 2013, the city council considered reports and recommendations of the city staff and planning commission. G7, Attachment 4 Council Packet Page Number 106 of 216 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 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 no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. No exterior site or building exterior changes, except signage, shall take place unless approved by the city. Signs shall follow the city’s sign ordinance. Signs shall not be installed unless the applicant first obtains sign permits. 2. Any and all trash receptacles shall be contained within an enclosed structure. Any design of a new structure shall be subject to the city’s design review process. 3. 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. 4. The city council shall review this permit in one year. 5. All of the applicant’s parking shall be confined to the site and not allowed on city streets that prohibit on-street parking or neighboring properties, unless approved by a neighboring property owner and the city council. 6. The city shall monitor any parking complaints and report to the city council about compliance annually during the CUP review. G7, Attachment 4 Council Packet Page Number 107 of 216 7. The applicant shall submit a parking restriping plan for staff approval. 8. The applicant shall comply with all requirements of the building official, assistant fire chief and city engineer. The Maplewood City Council approved this resolution on July 22, 2013. Seconded by Councilmember Cave Ayes – All The motion passed. G7, Attachment 4 Council Packet Page Number 108 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Martin, AICP, Planner DATE: July 22, 2014 SUBJECT: Approval of a Conditional Use Permit Review, Greenhouse at Harmony Learning Center, 1961 County Road C East Introduction The conditional use permit (CUP) for the greenhouse located at the Harmony Learning Center at 1961 County Road C East is due for its annual review. City ordinance requires a conditional use permit for schools. Expansions of facilities with an existing CUP must also obtain a CUP revision from the city council. Background On July 8, 2013, the city council approved a CUP amendment to allow a greenhouse. Code Requirement Section 44-1100(a) of the zoning code states that CUPs shall be reviewed by the city council within one year of approval. At the one-year review, the council may specify an indefinite term for a subsequent review or a specific term not to exceed five years. Discussion Construction of the greenhouse has been completed at Harmony Learning Center. Staff is not aware of any neighborhood complaints or concerns at this point. The CUP review related to the cell phone tower located on this site is done separately and is not associated with the greenhouse review. Staff recommends reviewing the permit for the greenhouse again only if a problem arises or a major change is proposed. Budget Impact None. Recommendation Review the conditional use permit for a greenhouse at the Harmony Learning Center again only if a problem arises or a major change is proposed. G8 Council Packet Page Number 109 of 216 Attachments 1. Location/Zoning Map 2. Land Use Plan Map 3. Site Plan date-stamped May 21, 2013 4. City Council Minutes, July 8, 2013 G8 Council Packet Page Number 110 of 216 Location/ Zoning Map Location I Zoning Map Copyright MaplewoodBaseMap Chad Bergo Zoning Classifications: This data set is available to everyone. Fees and policy are published in the Ramsey County Fee Schedule . Charges are variable and are subject to change . See the Ramsey County Fee Schedule for specific information on fees and policy . http://atlas/aspnet_ cl ient/ES Rl/W ebAD F /PrintTaskLayoutTemplates/default.htm 6/12/2013 G8, Attachment 1 Council Packet Page Number 111 of 216 Land Use Plan Map Land Use Plan Map Copyright Maplewood Base Map Chad Bergo 0.040.02 0 0.04 MUes -- Zoning Classifications: This data set is available to everyone . Fees and policy are published in the Ramsey County Fee Schedule . Charges are variable and are subject to change . See the Ramsey County Fee Schedule for specific information on fees and policy . http ://atlas/aspnet_client/ESRI/WebADF/PrintTaskLayoutTemplates/default.htm 6/12/2013 G8, Attachment 2 Council Packet Page Number 112 of 216 I I I I I I I I I I I I I I I I I I I I ~---~~~--~-----.--------~--------~ I I I P~a='OSED GRLLJOI'"""IJUJL ~------·----·------ ,....--b---r--;~ I PROPOSED FENCE RELOCAt~ I I I I I I I I I I I I I I I I Revision#: 2 I I I I I I Date: 4/30/2013 I I I I I I I I I I I l -. _-. __ . -1..-----'--------------------' I / ASH TREE FOR REMJV A ~IE© IE U \11 IE~ MAY 2 1 2013 n. UJ Scale: N Landscape Plan: 1 Landscape Design by: Horticulture I Century College * Harmony School Garden and G "eenhouse 111 =50' G8, Attachment 3 Council Packet Page Number 113 of 216 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, July 8, 2013 Council Chambers, City Hall Meeting No. 12-13 1. Approval of Resolution for the Conditional Use Permit Revision for a Planned Unit Development and Design Review for Proposed Harmony Learning Center Greenhouse, 1961 County Road C East Senior Planner Ekstrand gave the staff report and answered questions of the council. Brian Schlottman from Century College addressed and answered questions of the council. Councilmember Koppen moved to approve: A. Adopt the resolution amending the conditional use permit for a planned unit development for the Harmony Learning Center, located at 1695 County Road C East, to allow the construction of a greenhouse. This resolution deletes the 1985 PUD approval for senior housing, which was never built, and incorporates the more recent CUP approval for the T-Mobile cell phone tower (deletions are crossed out and additions are underlined.) Now, therefore, be it resolved by the Maplewood City Council that a conditional use permit be granted for the Harmony School site planned unit development, including the following variances: 1. Allow 79 parking spaces for the 52-unit senior’s residence, rather than the 104 required by code. 2. Allow 26 enclosed parking spaces rather than the 52 enclosed spaces required by the code. Approval of the conditional use permit and variances is subject to: 1. If council determines that there is insufficient on-site parking for the 52-unit seniors residence, within one year of 95% occupancy, additional parking may be required. 2. Maplewood and North St. Paul shall have continued use of the athletic facilities in the northeast portion of the site until that part of the site develops, provided the use of these facilities do not interfere with the applicant’s use of the property. 3. The 52-unit seniors residence shall not be converted shall to non-seniors housing without revision of the planned unit development. For purposes of this permit, senior’s housing is defined as a residence occupied by persons in their retirement years with a significant number of one-person households. 4. The auditorium attached to the 52-unit senior’s residence shall only be used by the residents of that building. Public assembly unrelated to senior use would be prohibited without a revision of this permit. G8, Attachment 4 Council Packet Page Number 114 of 216 5. The commercial portion of the development shall be limited to the uses allowed in the BC(M), business commercial (modified) zoning district. 6. The eight parking spaces (marked “future”) located south of the driveway to the garage for the 64-structure shall be constructed. 7. The proposed 575 square foot units in the 52-unit residence (October 8, 1985 plans) shall be increased in area to at least 580 square feet of habitable floor area. 8. Move the 64-unit residence to the west to comply with the required minimum setback of 50 feet. 9. Adherence to the site plan dated October 8, 1985, except as required in these conditions, unless a change is approved by the community design review board. 1. All construction shall follow the site plans approved by the city. The community development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval of 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. This conditional use permit is conditioned upon T-Mobile allowing the co-location of other provider’s telecommunications equipment on the proposed tower. T- Mobile shall submit a letter to staff allowing co-location before a building permit can be issued. 5. If any required landscaping for the T-Mobile tower dies, plantings must be replaced pursuant to the city policy and standards. 6. The school district shall provide a site plan with their building permit submittal that verifies that the proposed greenhouse would be placed no closer than 75 feet to the wetland to the north. For the purposes of defining the edge of the wetland, that shall be considered to be the edge of the cat tails. 7. This approval acknowledges that the school district’s educational activities are permitted by this permit. Any new construction or exterior improvements are subject to compliance with the design-review requirements in the city code, and perhaps, may require amendment of this conditional use permit. B. Approve the design plans date-stamped May 21, 2013 for the greenhouse at Harmony Learning Center, 1695 County Road C East, subject to the following conditions: 1. The applicant shall comply with all requirements of the building official and assistant fire chief. G8, Attachment 4 Council Packet Page Number 115 of 216 2. The applicant shall submit plans detailing any grading or footing work for review prior to commencing with the greenhouse construction to the city engineer. The applicant shall comply with any requirements generated by the review or grading and erosion control permit. 3. The applicant shall provide a site plan with their building permit submittal that verifies that the proposed greenhouse would be placed no closer than 75 feet to the wetland to the north. For the purposes of defining the edge of the wetland, that shall be considered to be the edge of the cat tails. RESOLUTION 13-7-942 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Independent School District 622, applied for a conditional use permit to amend the planned unit development for the Harmony Learning Center, to install a 21- foot by 36-foot greenhouse. WHEREAS, this permit applies to 1961 County Road C East. The legal description is: That part of the Southwest ¼ of Section 2, Township 29, Range 22, Ramsey County. More particularly described as: Beginning at the intersection of White Bear Avenue and the South link of Said Southwest 1/4; thence northerly on said center line 420.55 feet; thence east parallel with said South line 311 feet; thence northerly parallel with said center line 140 feet; thence north 107.07 feet, thence east 391.55 feet to a point 658.95 feet north of said South line; thence to said South line at a point 200 feet west of said ¼ corner; then West to the point of beginning. WHEREAS, the history of this conditional use permit is as follows: 1. On June 18, 2013, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that this CUP amendment be approved. 2. On July 8, 2013, the city council discussed the proposed conditional use permit amendment. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. G8, Attachment 4 Council Packet Page Number 116 of 216 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. Approval is subject to the following conditions: 1. All construction shall follow the site plans approved by the city. The community development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval of 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. This conditional use permit is conditioned upon T-Mobile allowing the co-location of other provider’s telecommunications equipment on the proposed tower. T- Mobile shall submit a letter to staff allowing co-location before a building permit can be issued. 5. If any required landscaping for the T-Mobile tower dies, plantings must be replaced pursuant to the city policy and standards. 6. The school district shall provide a site plan with their building permit submittal that verifies that the proposed greenhouse would be placed no closer than 75 feet to the wetland to the north. For the purposes of defining the edge of the wetland, that shall be considered to be the edge of the cat tails. 7. This approval acknowledges that the school district’s educational activities are permitted by this permit. Any new construction or exterior improvements are subject to compliance with the design-review requirements in the city code, and perhaps, may require amendment of this conditional use permit. G8, Attachment 4 Council Packet Page Number 117 of 216 The Maplewood City Council approved this resolution on July 8, 2013. Seconded by Mayor Rossbach Ayes – All The motion passed. G8, Attachment 4 Council Packet Page Number 118 of 216 G9 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Steve Lukin, Fire Chief DATE: July 21, 2014 SUBJECT: Resolution Accepting a Donation to the Fire Department from Bradley Werdal Introduction The fire department has received a donation from Bradley Werdal and city council approval is required before this donation can be accepted. Background Bradley Werdal overpaid his ambulance bill by $55.83 and rather than receive a refund, he graciously donated the overpayment to the fire department. Recommendation I recommend that the city council approve to accept this $55.83 donation and that the necessary budget adjustments be made so the funds can be expended by the fire department as needed. Attachments 1. Resolution Authorizing Gift to City Council Packet Page Number 119 of 216 G9, Attachment 1 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Bradley Werdal wishes to grant the city of Maplewood the following: $55.83, and; WHEREAS, Bradley Werdal has instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve the community, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. Passed by the Maplewood City Council on July 28, 2014. Council Packet Page Number 120 of 216 G10 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Mychal Fowlds, IT Director DATE: July 22, 2014 SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 5 with Jorgenson Construction, Police Department Expansion Project – Phase 3 Introduction The City Council will consider approving the attached resolution directing the modification of the existing construction contract for the Police Department Expansion Project – Phase 3. Background On October 28, 2013, the Council awarded Jorgenson Construction a construction contract for the build out of offices and modification of existing areas in 1830 County Road B East in the amount of $2,185,000. There has been 4 change orders to the contract to date. Final Completion Extension (No Cost Changes) Since the previous final completion extension the contractor has experienced an additional 13 days of rain. That coupled with the front lobby changes that have been made are the reason why we are extending the Final Completion date to August 29. The change order costs are summarized below: Change Order #5 Amount 1 Final completion extension $ 0.00 $ 0.00 Budget Impact Approval of Change Order No. 5 has no effect on the project construction contract amount. No adjustments to the approved budget are needed at this time. Recommendation Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 5, for the Police Department Expansion Project – Phase 3. Attachments 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 5 2. Change Order Form Council Packet Page Number 121 of 216 G10, Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT POLICE DEPARTMENT EXPANSION PROJECT - PHASE 3, CHANGE ORDER NO. 5 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 3, and has let a construction contract pursuant to Minnesota Sta tutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 3, Change Order No. 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 5. Adopted by the Maplewood City Council on this 28th day of July 2014. Council Packet Page Number 122 of 216 G10, Attachment 2 CHANGE ORDER CITY OF MAPLEWOOD PROJECT NAME: Police Department Expansion Project - Phase 3 CONTRACTOR: Jorgenson Construction CHANGE ORDER NO.: Five (5) DATE: July 22, 2014 The following changes shall be made in the contract documents: CHANGE ORDER NO. 5 Item No. Item Description Amount Change Order #5 Amount 1 Final completion extension $ 0.00 $ 0.00 TOTAL SCHEDULE CO #5 $0.00 TOTAL NET CHANGE ORDER NO. 5 $0.00 CONTRACT STATUS: Original Contract: $2,185,000.00 Net Change of Prior Changes:$107,692.00 Change this Change Order: $0.00 Revised Contract: $2,292,692.00 Recommended By: SEH, Inc. By: Date: Agreed to By: Jorgenson Construction By: Date: Approved By: City of Maplewood By: Date: Council Packet Page Number 123 of 216 G11 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Mychal Fowlds, IT Director DATE: July 22, 2014 SUBJECT: Authorization to Purchase Security System Updates Introduction The City of Maplewood utilizes a card access system for building security. The current system is over 10 years old and is no longer supported. With the building projects that are currently moving forward this is the perfect time to switch over to our new system. Background As stated above, the City utilizes a card access system for building security. We utilize our card access system to secure not only our exterior doors but also many internal areas. Our current system, which has been in place for over 10 years has started to fail over the past 2-3 years. The equipment and readers are proprietary so there are little options for us when the equipment fails and replacements are costly. Staff has budgeted for replacement of the current system, replacing it with a similar system in function but one that uses an open standard for hardware which will allow for flexibility in years to come. Most of City Hall is in the process of moving towards the new system. This item is being brought before you due to the fact that, the approximately $9,000 needed for the new doors/areas in the Police Department, will put this project over $20,000 therefore needing Council approval. Budget Impact The purchase of the proposed security system updates in an amount not to exceed $9,000 has been planned for and will be funded from the Police Department Expansion Project and IT funds. Recommendation Staff recommends that the Council give authorization to purchase additional security system updates and hardware. Attachments 1. Electrowatchman quote Council Packet Page Number 124 of 216 Q U O T ESNFNQ1180 Jul 17, 2014 T. 651-310-1265 F. 651-310-12971 W Water Street, Suite 110, Saint Paul, MN 55107 Prepared For:Prepared By: City of Maplewood Shannon Dawson1830 County Road B Maplewood, MN 55109 Senior Account Representative 651-310-1265 Shannon@electrowatchman.com Mychal Fowlds 651.249.2923 mychal.fowlds@ci.maplewood.mn.us Project Scope: PROJECT:FINISH PHASE 3 OF POLICE DEPARTMENT BUILD-OUT. ADD ONE READER PER EMAIL REQUEST 7/23 Qty Description Unit Price Ext. Price 1 $8,472.92 $8,472.92Police Station Phase 3 ALTRONIX POWER SUPPLY (READER POWER) (7) APTIQ TRANSITION READER HID MAXPRO LONG RANGE READER(OUTSIDE PULL READER) CONDUIT AND POLE PROVIDED BY OTHERS (7) WIRE MISCELLANEOUS LABOR Grand Total $8,472.92 Pricing does not include any applicable sales tax or permit fees. Customer to supply any required 110 volt power and/or network infrastructure. EWI requires a 50% down payment. Page 1 of 1Created on 07/23/14 09:13:37 by QuoteWerks Council Packet Page Number 125 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: DuWayne Konewko, Parks and Recreation Director Jim Taylor, Parks Manager DATE: July 28, 2014 SUBJECT: Approval of 2014 Playground Replacement Plan Introduction In the spring of 2014 Parks staff completed a thorough assessment of our entire playground system. As a result of this inspection, staff has changed our priority list for playground replacement. In addition, staff has identified additional areas that need care immediately. Background Parks staff currently has two Certified Playground Inspectors. In the spring of 2014 all of the City’s playgrounds were inspected. A plan was developed to address the concerns found in the inspections. The following is staff’s proposed replacement plan for 2014: 2014 Replacement Timber Park 2014 Refurbishment Robinhood Park– Replace original wooden structure, the posts are rotting and it is in very poor condition. Wakefield Park- Replace decking that is coming apart at the weld points Slide and Tunnel Replacement Kohlman Park – Spiral Tube Slide Edgerton Park – Multi-Color Tube Slide, Crawl Tube, Plexiglas Window Wakefield – Slide in Toddler Area, Tunnels in Big Section Slides that can be fixed (internal) Vista Hills Playcrest Hazelwood Sherwood In addition to these upgrades, fixes, and replacements, staff recommends that we begin to address our playgrounds with mulch. The parks that this affects are: G12 Council Packet Page Number 126 of 216 1. Applewood 2. Lions 3. Gethsemane 4. Geranium 5. Sterling Oaks 6. Wakefield 7. Legacy 8. Four Seasons 9. Mississippi The plan for replacement will be to start filling based on need until we run out of funding. Then we will start where we left of in 2015. Discussion These priorities were made through thorough inspection and based on safety. Sometimes aesthetically a park looks in bad condition; however, structural it is still functional. The areas staff is proposing to replace or fix are based on safety. All of the replacement will be handled internally by the Parks Maintenance staff. Staff is proposing to go out to bid for the replacement of Timber Park and the section of Robinhood Park. A community process will be followed for the selection of the Timber and Robinhood Park replacements. Residents will be invited to decide on which proposals they like best. The winning proposal will be installed at the park. Budget Implication Parks and Public Works staff are working together to pool resources with funding for these projects. There will be two funding sources used. The first will be Park Development allocation of General Tax Levy Dollars in the C.I.P. Fund not to exceed $103,000. The second funding source will be from the Park Maintenance budget not to exceed $20,000 as approved by the Public Works Director. Recommendation Staff recommends approval to go out to bid for the replacement of Timber Park and a section of Robinhood Park. Once bids are received and the community process is followed, staff will seek final approval. The remaining portions of this project are for informational purposes only and fall under normal purchasing policy procedures. Attachments None G12 Council Packet Page Number 127 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Thompson, Director of Public Works/City Engineer DATE: July 22, 2014 SUBJECT: Approval of License Agreement with Ramsey County Regional Rail Authority for Interpretive Kiosk Installation, TH 36/English Street Interchange Improvements, City Project 09-08 Introduction The council will consider approving a license agreement with Ramsey Count Regional Rail Authority (RCRRA) in order for the city to install an interpretive kiosk highlighting the historical features of the bridge that was replaced over Highway 36 on the Bruce Vento Trail. Discussion The installation of this kiosk is required to highlight the historical features of the bridge that was demolished in this location. This interpretive sign has been reviewed and approved by the Maplewood Heritage Preservation Commission, MnDOT, and the Minnesota State Historic Preservation Office (SHPO). Budget Impact This expenditure was built into the project budget. Recommendation It is recommended that council approve the license agreement with RCCRA for the installation of the interpretive kiosk. Attachments 1. Kiosk Design 2. License Agreement G13 Council Packet Page Number 128 of 216 ENGLISH AND TH 36 IMPROVEMENTS BRUCE VENTO TRAIL KIOSK LOCATION NORTH NORTH KIOSK LOCATIONEXAMPLE KIOSK BRUCE VENTO TRAIL LOOKING SOUTH AT GERVAIS AVENUE INTERPRETIVE SIGN PANEL G13, Attachment 1 Council Packet Page Number 129 of 216 LICENSE AGREEMENT This License Agreement (“License”) is entered into between the Ramsey County Regional Railroad Authority ( “RCRRA” or “Licensor”), a political subdivision of the State of Minnesota, and the City of Maplewood, MN, a political subdivision of the State of Minnesota (“Licensee”), as of the 1st day of August, 2014. Recitals WHEREAS, RCRRA is the fee owner of that certain parcel of land located in the City of Maplewood, County of Ramsey, State of Minnesota (“RCRRA Land”), as generally shown in the attached Exhibit A, which may be a diagrammatic depiction and WHEREAS, RCRRA wishes to license to Licensee the right to use the surface of the area of the RCRRA Land as particularly depicted on attached Exhibit A for the purpose of installing and having an interpretive kiosk sign depicting historic information pertaining to the area of the subject location (the “Premises”), and Licensee desires to license the Premises from RCRRA according to the covenants and conditions stated herein; NOW, THEREFORE, RCRRA and Licensee agree as follows: 1. Grant of License. RCRRA hereby grants to Licensee a license to use the Premises for and only for the purposes described in attached Exhibit B, and subject to the conditions and requirements stated herein and in the attached Exhibit B, which is incorporated herein and made a part hereof as if explicitly set forth herein. The License granted herein is for the use of the surface of the RCRRA Land. In the event of a conflict between the provisions set forth herein and those set forth in Exhibit B, the provisions stated in Exhibit B shall control. 2. No Interest in the Premises. This grant of license is non-exclusive, and grants to Licensee no right, title, or interest in the Premises, except as set forth herein, and Licensee’s rights do not run with the land. 3. Term. Subject to the RCRRA’s right to terminate this License as set forth herein, the Licensee’s right to use the Premises shall commence on August 1, 2014 (“Commencement Date”), and terminate on July 31, 2015 (the Termination Date). The License shall automatically extend for subsequent one year terms, and shall at all times be subject to the termination rights set forth in Section 17 below or elsewhere in this License. 4. Administrative Fee. The customary onetime administrative fee of $200 is waived. 5. Payment. Licensee shall pay to the RCRRA the sum of $1.00 for the grant of this License and use of the Premises (the “License Fee”). Payment shall be due prior to the commencement of the License and prior to Licensee’s entry onto and use of the Premises. The License Fee shall increase by three percent (0%) upon the first day of each extension G13, Attachment 2 Council Packet Page Number 130 of 216 Agreement with Maplewood Minnesota for Use of RCRRA Land Page 2 of 10 V2 07/07/2014 term such that the License Fee during each extension term shall be three percent higher than the License Fee immediately preceding the commencement of each one year extension term. The License Fee with respect to each extension terms shall be paid on or before the first day of each extension term and the extension shall only be effective if the License Fee is timely paid. 6. As Is Where Is. Licensee has inspected the Premises on ______July 15, 2014__________ (the Inspection Date) and finds the Premises suitable for its purposes in the condition as of the Inspection Date. RCRRA makes no promises or warranties regarding the condition or suitability of the Premises for Licensee’s purposes. Further, RCRRA, except as expressly stated in Exhibit B, will not be obligated to undertake any improvements or make any repairs to the Premises. Licensee accepts the Premises as is, where is. 7. Alterations. Licensee may not make any alterations or changes to the Premises beyond those described in Exhibit B without the express written consent of RCRRA. Any such alternations or changes, together with the installation in the Premises described in Exhibit B, shall be considered Improvements. Any Improvements made to the Premises by Licensee shall, upon termination of this License and in the sole option of RCRRA, become the property of RCRRA. If RCRRA determines that it does not wish Licensee’s Improvements to remain on the Premises, it shall so notify Licensee and upon such notification Licensee shall, at its sole expense, remove such Improvements within five days prior to its termination of use of the premises. If Licensee fails to do so, RCRRA reserves the right to remove such Improvements, and Licensee shall reimburse RCRRA for its costs to do so. 8. Restoration of Premises. Upon termination of this License, and subject to the provisions of Section 6 above, Licensee shall restore the Premises to their condition immediately prior to the Commencement Date, reasonable wear and tear excepted. 9. Maintenance of Premises During Term. At all times during the Term Licensee, at its sole cost and expense, shall keep the Premises in a good, clean, and safe condition, and use the Premises in such manner as to prevent waste, damage, or injury occurring to the Premises and to the surface and all other areas of the RCRRA Land. 10. RCRRA’s Right to Enter and Inspect and Use RCRRA Land. The RCRRA, its employees, and its agents shall have the right to enter and use the RCRRA Land and the Premises at all reasonable times for the purpose of inspecting, testing, cleaning, repairing, altering, or improving the RCRRA Land and to determine and evaluate the Premises and the use thereof by Licensee, or to exhibit the RCRRA Land and Premises to prospective tenants, purchasers, or others. Nothing in this section shall be interpreted as requiring the RCRRA to perform any such acts independent of the requirements of the other provisions of this License. The RCRRA shall also be permitted to enter the RCRRA Land for the purpose of posting notices of non-responsibility for alterations, additions or repairs. RCRRA shall have the unrestricted right to use the RCRRA Land in the manner determined by RCRRA, and if Licensee determines that RCRRA’s use interferes with G13, Attachment 2 Council Packet Page Number 131 of 216 Agreement with Maplewood Minnesota for Use of RCRRA Land Page 3 of 10 V2 07/07/2014 Licensee’s use of the Premises, the sole and exclusive remedy of Licensee shall be to terminate this License as provided in Section 17 below. 11. Non-assignability. Licensee shall not assign, transfer, convey, or encumber its interest in this Agreement or in the Premises, or allow any other person or entity (except Licensee’s authorized representatives) to use all or any part of the Premises or any of the RCRRA Land relating thereto, without first obtaining RCRRA’s written consent, which consent shall not be unreasonably withheld. 12. Insurance. Licensee shall obtain and maintain such insurance as is required by the provisions and requirements stated in Exhibit B. 13. Indemnification. The Licensee shall indemnify, hold harmless, and defend RCRRA, its officials, agents, and employees against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which RCRRA, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the Licensee, its officials, agents, or employees, in the execution, performance, or failure to adequately perform the Licensee’s obligations pursuant to this License or its use or occupation of the Premises. 14. Damage or Destruction of Premises. In the event the Premises are damaged by circumstances beyond the reasonable control of either party, including, without limitation, by acts of God, unusually severe weather conditions, war, riots, action or failures to act on the part of governmental authorities preventing performance, accident and fire (such causes hereinafter called “Force Majeure”) such as to make them impracticable or unsuitable for Licensee’s use, this License may be terminated at the option of either party upon written notice. In no case shall RCRRA be required to restore the Premises, the RCRRA Land or any property of RCRRA to a condition suitable for Licensee’s continued used, though it may do so if it wishes. 15. Hazardous Substances. As used herein, the term “hazardous substances” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority. The term “hazardous substances” includes but is not limited to any material substance which is (i) designated as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. §1317); (ii) defined as a “hazardous substance” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. (42 U.S.C. §6903); or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. §9601, et seq.). As used herein, the term, “environmental requirements” means all laws, ordinances, rules, regulations, order, and other requirements of any government or public authority now in force or which may hereafter be in force relating to protection of human health or the environment, including all requirements pertaining to reporting, licensing permitting, investigation and remediation of emissions, discharges, storage, disposal or releases of hazardous substances and all requirements pertaining to the protection of the health and safety of employees or the public. Licensee shall not permit or conduct the generation, G13, Attachment 2 Council Packet Page Number 132 of 216 Agreement with Maplewood Minnesota for Use of RCRRA Land Page 4 of 10 V2 07/07/2014 treatment, storage or disposal on, in or about the Premises (including any RCRRA Land or other property of RCRRA) of any hazardous substances without prior written consent of RCRRA. Licensee shall indemnify and defend RCRRA against and hold RCRRA harmless from all claims, demands, liabilities, damages, fines, encumbrances, liens, losses, costs and expenses, including reasonable attorney’s fees and disbursements, and costs and expenses of investigations, arising from or related to the existence of hazardous substances in or on the Premises as a result of the acts or omissions of Licensee. 16. Signs. Licensee shall not have the right to place, construct, or maintain any sign, advertisement, banner, or other marking of any kind upon or about the Premises, except such safety markers as required by law and those described in Exhibit B to this Agreement. 17. Termination. RCRRA may terminate this License without cause, for any reason in its sole and absolute discretion, upon ninety (90) days’ written notice to Licensee. RCRRA may also terminate this License in its sole and absolute discretion with cause and upon any of the following, without limiting RCRRA in the exercise of any right or remedy at law or in equity which RCRRA may have by reason of a default or breach of this License by Licensee: i. Failure Licensee to pay timely the License Fee or any other monetary sums required to be paid by Licensee hereunder., where such failure continues for ten (10) days after written notice thereof from RCRRA to Licensee. ii. Abandonment or vacation of the Premises by Licensee. iii. Upon a failure by Licensee to observe and perform any other provision of this License to be observed or performed by Licensee shall be in default and RCRRA shall have the right to terminate this License upon ten (10) days written notice unless during that ten (10) day time period Licensee commences to cure the default to the satisfaction of RCRRA and thereafter diligently prosecutes the same to completion. iv. In the event of the making by Licensee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Licensee of a petition to have Licensee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Licensee, the same is dismissed within ninety (90) days; the appointment of a trustee or receiver to take possession of substantially all of Licensee’s assets located at the Premises or of interest in this License, where possession is not restored to Licensee within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Licensee’s assets located G13, Attachment 2 Council Packet Page Number 133 of 216 Agreement with Maplewood Minnesota for Use of RCRRA Land Page 5 of 10 V2 07/07/2014 at the Premises or of Licensee’s interest in this License, where such seizure is not discharged within forty-five (45) days. The Licensee may terminate this License: i. Upon expiration of the current term with notice at least 60 days in advance of the end of the current term. ii. Upon damage or destruction of Premises, or other condition of the Premises, including but not limited to RCRRA’s use of the Premises, that precludes the use of the Premises as identified in Exhibit B for a period of 60 days or more. 18. Miscellaneous. a. Notices. Unless otherwise provided herein, all notices required by the terms of and conditions of this Agreement shall be deemed given when the notice is prepared and deposited in the United States mail to the addressee as follows: Licensee: City of Maplewood, Minnesota 1902 County Rd B East Maplewood, MN 55109 Attn: Director of Public Works RCRRA: Ramsey County Regional Railroad Authority Union Depot, Suite 200 214 4th Street East, Suite 200 St. Paul, MN 55101 Attn: Director b. Compliance with Laws and Regulations. Licensee shall obtain all licenses and permits required by any governmental authority for its use of the Premises, and shall comply with all terms of such licenses or permits and any code, law, or regulation applicable to its use of the Premises. c. Remedies cumulative. All remedies hereinbefore and hereafter conferred on RCRRA and Licensee shall be deemed cumulative and not exclusive of each other, or of any other remedy conferred by law of in equity. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or shall be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this License by either party shall not be construed by the other party as a subsequent waiver of a G13, Attachment 2 Council Packet Page Number 134 of 216 Agreement with Maplewood Minnesota for Use of RCRRA Land Page 6 of 10 V2 07/07/2014 right or power, or shall be construed as a waiver of any subsequent default or as acquiescence or of a subsequent breach or of the same covenant, term or condition, or of the right to exercise any right or power in the future. The acceptance by RCRRA of any non-conforming performance or fulfillment of conditions or obligations under the terms of this License or of any of the rights or remedies arising under the terms of this License shall not constitute a waiver of RCRRA's right to conforming performance or fulfillment of conditions or obligations or any rights and/or remedies in respect to any subsequent breach or default of the terms of this License. The rights and remedies of the Landlord provided or referred to under the terms of this Lease are cumulative and not mutually exclusive. d. Relationship of the parties. Nothing contained in this License shall be deemed or construed by the parties hereto or by a third-party to create the relationship of principal and agent or of a partnership or of a joint venture or of any association whatsoever between RCRRA and Licensee, it being expressly understood and agreed that neither any provision contained in this License nor any act or acts of the parties hereto shall be deemed to create any relationship between RCRRA and Licensee other than the relationship of Licensor and Licensee. e. Alteration. Any alteration, variation or modification of this Agreement shall be valid only when reduced to writing and signed by both parties. f. Interpretation of Agreement; Venue. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding, arising from, or related to this License or Licensee’s use or occupancy of the Premises shall be venued in the District Court, Second Judicial District, Ramsey County, Minnesota. g. Entire Agreement. This License Agreement shall constitute the entire agreement between the parties with respect to the subject matter of this License and shall supersede all prior or written agreements of the parties with respect to the subject matter of this License. h. Counterparts. This License Agreement may be executed in counterparts. [Signature Page Follows] G13, Attachment 2 Council Packet Page Number 135 of 216 Agreement with Maplewood Minnesota for Use of RCRRA Land Page 7 of 10 V2 07/07/2014 SIGNATURE PAGE OF LICENSE BY AND BETWEEN RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY AND THE CITY OF MAPLEWOOD, MINESOTA. IN WITNESS WHEREOF, RCRRA and Licensee have executed this License to be effective as of the date set forth in the caption of this License. RCRRA: LICENSEE: RAMSEY COUNTY CITY OF MAPLEWOOD, MINNESOTA REGIONAL RAILROAD AUTHORITY _________________________________ By: Rafael E. Ortega, Chair Nora Slawik Date: ________________________________ Its: Mayor Date: Approval Recommended _____________________ By: ________________________________ Timothy A. Mayasich, Director Melinda Coleman Date: ________________________ Its: Interim City Manager Approved as to form and insurance: Date: _______________________________ By: ________________________________ Assistant Ramsey County Attorney 121 Seventh Place East, Suite 4500 St. Paul, MN 55101 Date: ______________________ G13, Attachment 2 Council Packet Page Number 136 of 216 EXHIBIT B CONDITIONS TO LICENSE NO. ______LNE042_____ DATED August 1, 2014 BETWEEN THE RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY (“RCRRA or LICENSOR) AND THE CITY OF MAPLLEWOOD, MINNESOTA. (LICENSEE). 1. Permitted Use. Licensee shall have non - exclusive use of the surface of that portion of the Licensor’s land shown on Exhibit A attached hereto and made a part hereof (“Premises”) for the installation of one (1), interpretive kiosk sign which displays historic information and photographs that pertain to the area of the Vento Trail and County Rd D. The sign shall be located at the South West corner of the Gervais Ave. and Vento Trail intersection. The interpretive kiosk sign shall be constructed using the same design, dimensions, material and finish as depicted in the photograph marked "Example Kiosk" on Exhibit A to this Agreement 2. Insurance. At any time that Licensee is installing, repairing, inspecting, reviewing or testing on or at the Premises, Licensee shall maintain such insurance, either through commercial insurance or a program of self insurance, insurance as will protect the RCRRA from claims which may arise out of or result from operations of the Licensee pursuant to this License including but not limited to the following: General Liability – A minimum of $1,200,000 per occurrence and $1,200,000 aggregate. Such coverage shall include contractual liability insurance either specifically naming this Agreement, or on a blanket basis, and RCRRA, its officials, and its employees shall be named as additional insureds, with a cross- suits endorsement in favor of the RCRRA. Fire and All-Risk Property Insurance. Coverage shall be written on a replacement cost basis for any personal property and/or improvements or betterments of the Licensee at the Premises. Licensee hereby waives and releases RCRRA, its employees, agents, officials, and officers from all claims, liability and causes of action for loss, damage to or destruction of Licensee’s property resulting from fire or other perils covered in standard property insurance coverage. Licensee agrees that it will look to its own property insurance for reimbursement for any loss and shall have no rights of subrogation against RCRRA. Auto Liability - $1,200,000 per occurrence and $1,200,000 aggregate. Require “hired and owned” and “hired and non-owned” auto insurance. Workers Compensation - As required by MN statute. G13, Attachment 2 Council Packet Page Number 137 of 216 Agreement with Maplewood Minnesota for Use of RCRRA Land Page 9 of 10 V2 07/07/2014 The Licensee shall not commence work in any form on or at the Premises until the Licensee has obtained and filed an acceptable certificate of insurance, or evidence of adequate self-insurance, with RCRRA. Nothing in this License shall constitute a waiver of any statutory or common law immunities, limits, or exceptions on liability. G13, Attachment 2 Council Packet Page Number 138 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Thompson, Director of Public Works/City Engineer Bryan Nagel, Street/Storm Superintendent DATE: July 17, 2014 SUBJECT: Approval to Use the Services of Hugo’s Tree Care Introduction Hugo’s Tree Care has provided service to the city with tree removal/trimming of hazardous, dead, and diseased trees. It is anticipated cost could exceed $20,000 this year. Council approval is requested for services provided by Hugo’s Tree Care for the remainder of the year. Budget Impact Funds are available in the approved 2014 Forestry budget in fees for service. Recommendation Staff recommends that council approve the use of services provided by Hugo’s Tree Care. G14 Council Packet Page Number 139 of 216 G15 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Paul P. Schnell, Police Chief Steve Lukin, Fire Chief DATE: July 18, 2014 SUBJECT: Approval of Resolution Supporting Closest Unit Dispatching in Life Safety Emergency Cases Introduction Closest unit dispatching across jurisdictional boundaries is a relatively new public safety option now available due to the advancement of technology and systems. Maplewood Police and Fire/EMS leaders share the belief that closest unit public safety resource deployment is both viable and beneficial to both the people of Maplewood and residents of neighboring Ramsey County-based jurisdictions. Background The Ramsey County Emergency Communications Center will implement new computer-aided dispatch (CAD) and mobile computing systems in January 2015. The new system offers an array of improved technical capabilities over the current system. One key system improvement is the ability of a dispatcher to know exactly where a given public safety resource (police, fire, EMS) is located. Because of the application of this global positioning technology, a dispatcher handling an incoming incident where the life safety of a person is believed to be in immediate danger, they could deploy the closest available, qualified resource—even across jurisdictional boundaries. At present, the City Maplewood has mutual aid agreements with all other Ramsey County municipalities and the Ramsey County Sheriff’s Office. While these agreements are routinely utilized, they require mutual aid resources to be requested. In life safety emergencies, time is often of the essence and the deployment of a closer available resource demonstrates intergovernmental cooperation and the moral standard of applying an immediate resource to an immediate need. Closest unit dispatching is not without challenges. In addition to clearly defining and establishing the circumstances constituting a life safety emergency, we must address the communication, economic, and liability issues that may arise. Budget Impact None. Council Packet Page Number 140 of 216 G15 Recommendation It is recommended that the Maplewood City Council resolves support for a defined cross- jurisdictional dispatching policy of deploying the closest, available, and qualified public safety resource in certain emergency situations where it is believed the life safety of a person is in immediate danger. Attachments 1. Resolution Council Packet Page Number 141 of 216 G15, Attachment 1 A Resolution in Support of Public Safety Closest Unit Dispatching in Life Safety Emergency Cases Whereas, the City of Maplewood is a political subdivision of the State of Minnesota, located within Ramsey County; and Whereas, the City of Maplewood, like all governmental bodies, has as one of its essential functions the provision of public safety services to protect and preserve the life and property of the people within its jurisdictional boundaries; and Whereas, it is the responsibility of the government of the City of Maplewood to provide reasonable levels of public safety resources to respond to and meet the core needs of its residents and those within its jurisdictional boundaries; and Whereas, advances in technology and a shared public safety dispatch center makes it possible to know the location of a given public safety resource (police, fire, emergency medical service) relative to the location of a reported life safety emergency; and Whereas, a life safety emergency is any event where, based upon reported circumstances and uniformly established and agreed-upon protocols, the life safety of a person(s) is believed to be in immediate danger; and Whereas, the geographic boundaries of a given political subdivision typically determines legal responsibility for a life safety emergency response, the moral, reasonable, and publically expected responsibility is to provide those whose life may be in immediate jeopardy with the closest available and qualified public safety resource; and Whereas, the City of Maplewood has a desire to provide its citizens and those within its boundaries experiencing a life safety emergency with the closest available and qualified public safety resource, including an available and qualified response resource from a neighboring political subdivision. Similarly, the City of Maplewood pledges to make its public safety resources available to another political subdivision when that resource is determined able to provide immediate services in a life safety emergency; and Whereas, it is acknowledged that response to such a life safety emergency should be limited to addressing immediate life safety needs until such time as a public safety resource from the political division of incident occurrence and responsibility is able to assume control of the incident and/or event. Now, therefore, the City Council of the City of Maplewood in recognition of its civic, legal, and moral obligation resolves support for a defined cross-jurisdictional dispatching policy of closest, available, qualified public safety resource deployment in certain emergency situations where it is believed the life safety of a person is in immediate jeopardy; and Further, it is recommended, that public safety leaders serving the various political subdivisions within Ramsey County convene to discuss establishment of a reasonable, limited, and defensible closest unit dispatching policy to effectively serve the immediate life safety needs of those who live, work, or visit our respective jurisdictions; and Council Packet Page Number 142 of 216 G15, Attachment 1 Further, it is acknowledged that this recommendation is not without a range of legal, communication, economic, and liability implications that must be addressed. It is also understood that such a policy does not reduce or mitigate the responsibility of this or any political subdivision to provide adequate resources to meet the emergency needs of people within their political subdivision; and Finally, be it known that the City of Maplewood has only the highest regard for our neighboring political subdivisions and that these recommendations are made for the mutual benefit of our peoples. Adopted this 28th day of July, 2014, _______________________________ Nora Slawik, Mayor Attest: _____________________ Karen Guilfoile, City Clerk Council Packet Page Number 143 of 216 G16 MEMORADUM TO: Melinda Coleman, Interim City Manager FROM: Paul Schnell, Police Chief DATE: July 22, 2014 SUBJECT: Approval of Resolution Accepting Donation to Maplewood Police Reserves from Ramsey County Fair Introduction The Maplewood Police Department’s Reserve Unit has received a donation of $400 from the Ramsey County Agricultural Society/Fair Board. City Council approval is required before the donation can be accepted. Background For the past several years, following the close of the Ramsey County Fair, the Fair Board has made a donation to the City’s Reserve Unit. In addition to the $400 donation, the Fair Board submitted a letter of appreciation acknowledging the service and commitment of our Reserves. The $400 is designated for use by the Reserves for equipment or other needs, such as uniforms. Budget Impact The receipt of the donated funds assists the City in funding Reserve Unit needs. Recommendation Approval of the resolution accepting the donation made by the Ramsey County Fair Board. Attachments 1. Resolution 2. Letter from Ramsey County Agricultural Society/Fair Board Council Packet Page Number 144 of 216 G16, Attachment 1 RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE MAPLEWOOD POLICE DEPARTMENT WHEREAS, the Ramsey County Agricultural Society/Fair Board has presented to the Maplewood Police Department a donation in the amount of $400; and WHEREAS, this donation is intended for the purpose of Maplewood Police Reserve Unit equipment and/or needs; and WHEREAS, the Maplewood City Council is appreciative of the donation and commends the Ramsey County Agricultural Society/Fair Board for their civic efforts, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1. The donation is accepted and acknowledged with gratitude; and 2. The donation will be appropriated for the Police Department as designated; and 3. The appropriate budget adjustments be made. Passed by the Maplewood City Council on July 28, 2014. Council Packet Page Number 145 of 216 G16, Attachment 2 Council Packet Page Number 146 of 216 I1 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Karen Guilfoile, Citizen Services Director Regan Beggs, Business License Specialist DATE: July 18, 2014 SUBJECT: Approval of Amendments to the Ordinance Regulating Tattoo Establishments— Second Reading Introduction: The City of Maplewood began regulating tattoo establishments in 2003 and currently licenses two (2) establishments. The duties and responsibilities of regulating these establishments are shared collaboratively with the City Clerk and the Environmental & Economic Development Departments. While the City Clerk’s office has always been the receiver and keeper of the applications, we work closely with the Environmental & Economic Development Department in the application and renewal process, and the handling of any issues that arise with license holders. Background At this time, Chapter 14, Article XVII of the city’s code of ordinances provides regulation of health and safety standards for establishments which conduct only tattoo procedures; the ordinance does not cover the broader industry of body art, which includes tattooing, body piercing, scarification and body modification such as tongue bifurcation (herein after referred to collectively as “body art”). MN State Statute 146B, effective January 2011, allows cities to regulate body art establishments if local ordinances are as restrictive, or more restrictive than state requirements; however, under this statute, the City can no longer regulate only tattoo establishments as it has in the past, but instead must regulate all body art establishments if it chooses to maintain the jurisdiction given by the State. Such establishments will be exempt from State licensure; although, the State will maintain its authority to license the individual technicians of each establishment. In addition to Statute 146B, staff has reviewed the current ordinance to provide changes to the city code and extend the city’s regulation beyond tattoo establishments, and to include body art establishments, as well. If the city moves forward with licensing body art establishments as a whole, one (1) additional, existing establishment will require licensure. The City Council held a public hearing to adopt the first reading of the amendments to the ordinance regulating Tattoo Establishments on July 14, 2014. No changes were recommended. Recommendation Staff recommends Council approve the second reading of the proposed amendments to Chapter 14, Article XVII to become as restrictive as or more restrictive than State Statute, and to include the regulation of body art establishments. Attachments 1. Amended Tattoo Establishment Ordinance Council Packet Page Number 147 of 216 ARTICLE XVII. BODY ART TATTOO ESTABLISHMENTS Sec. 14-1330.50. Adoption of state law by reference The provisions of Minn. Stats. Ch. 146B are hereby adopted by reference and are made a part of this article as if set out in full. It is the intention of the council that all future amendments of Minn. Stats. Ch. 146B are hereby adopted by reference or referenced as if they had been in existence at the time this article was adopted. Minn. Stats. Ch. 146B is hereby modified by deleting the term "commissioner" and substituting the term "environmental health official" in place thereof, or other successor designated or authorized by the city council. Sec. 14-1330.55 City may be more restrictive than state law The council is authorized by the provisions of Minn. Stats. Ch. 146B, as it may be amended from time to time, to impose, and has imposed in this article, additional restrictions on body art establishments within its limits beyond those contained in Minn. Stats. Ch. 146B, as it may be amended from time to time. Sec. 14-1331. Purpose. The purpose of this article is to regulate the business of body art tattooing in order to protect the health and welfare of the general public. The city council finds that the experience of other cities indicates that there is a connection between body art tattooing and hepatitis and other health problems. The city council finds that stringent regulations governing body art tattooing can minimize the hepatitis and disease risk and therefore protect the general health and welfare of the community. Sec. 14-1332. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aftercare means written instructions given to a client, specific to the procedure rendered, on caring for the body art and surrounding area. These instructions must include information on when to seek medical treatment. Body art or body art procedures means physical body adornment using, but not limited to, tattooing and body piercing. Body art does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional's scope of practice. Body art establishment or Establishment means any structure or venue, whether permanent, temporary, or mobile, where body art is performed. Mobile establishments include vehicle-mounted units, either motorized or trailered, and readily moveable without dissembling and where body art procedures are regularly performed in more than one geographic location. Body piercing means the penetration or puncturing of the skin by any method for the purpose of inserting jewelry or other objects in or through the body. Body piercing also includes branding, scarification, suspension, subdermal implantation, microdermal, and tongue bifurcation. Body piercing does not include the piercing of the outer perimeter or the lobe of the ear using a presterilized single - use stud-and-clasp ear-piercing system. Branding. "Branding" means an indelible mark burned into the skin using instruments of thermal cautery, radio hyfrecation, and strike branding. Clean means the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Guest artist means an individual who performs body art procedures according to the requirements under Minn. Stats. Ch.146B.04. Good repair means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. I1, Attachment 1 Council Packet Page Number 148 of 216 Issuing authority means the city clerk. Microdermal. "Microdermal" means a single-point perforation of any body part other than an earlobe for the purpose of inserting an anchor with a step either protruding from or flush with the skin. Micropigmentation or cosmetic tattooing means the use of tattoos for permanent makeup or to hide or neutralize skin discolorations. Scarification means an indelible mark fixed on the body by the production of scars. Subdermal implantation means the implantation of an object entirely below the dermis. Suspension means the suspension of the body from affixed hooks placed through temporary piercings. Tattooing means any method of placing indelible ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. Tattooing also includes micropigmentation and cosmetic tattooing. Technician or Body art technician means any individual who is licensed under Minn. Stats. Ch. 146B as a tattoo technician or as a body piercing technician or as both. Temporary body art event means any place or premise operating at a fixed location where an operator performs body art procedures for no more than 4 consecutive days in conjunction with a single event or celebration. Tongue bifurcation means the cutting of the tongue from the tip to the base, forking at the end. Tattooing means the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. Cross reference— Definitions generally, § 1-2. Sec. 14-1333. License required; exception. No person shall operate any establishment where tattooing body art is practiced nor engage in the practice of tattooing or body piercing without such establishment being licensed pursuant to this article. An establishment of a state-licensed physician who , within the scope of practice, engages in the practice of tattooing or body piercing or both shall be exempt from the license requirements. Sec. 14-1334. License application. Every application for a license under this article shall be made on a form supplied by the issuing authority and shall request the following information: (1) Individual applicants. If the applicant is a natural person: a. The name, place and date of birth, street residence address, and phone number of the applicant. b. Whether the applicant is a citizen of the United States, a resident alien, or is able to legally be employed in the United States. c. Whether the applicant has ever used or has been known by a name other than the applicant's name and, if so, the name used and information concerning dates and places where used. d. The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minn. Stats. § 333.01. I1, Attachment 1 Council Packet Page Number 149 of 216 e. The street addresses at which the applicant has lived during the preceding five years. f. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years and the names and addresses of the applicant's employers and partners, if any, for the preceding five years. g. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a petty misdemeanor. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (2) Partnership applicants. If the applicant is a partnership: a. The names and addresses of all general and limited partners and all information concerning each general partner required in subsection (1) of this section. b. The names of the managing partners and the interest of each partner in the body art tattooing establishment. c. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stats. § 333.01, a certified copy of such certificate shall be attached to the application. (3) Corporations and other associations. If the applicant is a corporation or other type of business association: a. The name of the corporation or business formed, and if incorporated the state of incorporation. b. A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minn. Stats. § 303.06 shall be attached to the application. c. The name of the managers, proprietors, or other agents in charge of the business and all information concerning each manager, proprietor, or agent required in subsection (1) of this section. (4) All applicants. For all applicants: a. Whether the applicant holds a current body art establishment tattooing license from any other governmental unit. b. Whether the applicant has previously been denied a body art establishment tattooing license from any other governmental unit. c. The location of the business premises and the legal description thereof. d. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid the years and amounts that are unpaid. e. Establishment plan review is required for all new, remodeled, and altered establishments prior to commencement of construction. An establishment owner must submit an establishment plan to the issuing authority for approval of such plans and specifications. Plans and specifications shall be in sufficient detail so that an accurate and complete appraisal can be made as to compliance with all local building and zoning codes and Minn. Stats. Ch. 146B. Failure to submit a plan for approval may result in the closing down of operations until plans have been approved. Whenever the application is for premises either planned or under construction or undergoing substantial alterations, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the I1, Attachment 1 Council Packet Page Number 150 of 216 plans of design are on file with the inspection section, no plans need be submitted to the issuing authority. f. Verification of compliance with all applicable local and state codes. g. A description of the general nature of the business; and hf. Such other information the city council or the issuing authority may require. Sec. 14-1335. License fee. Upon the filing of an application for the issuance of a license under this article, the applicant must pay to the city clerk, in full, the amount of the license fee therefore as imposed, set, established and fixed by the city council by resolution from time to time. The city clerk must give the applicant a receipt for the payment. Sec. 14-1336. License application execution. All applications for a license under this article shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Sec. 14-1337. License application verification, and consideration and inspection. (a) Verification. Applications for licenses under this article shall be submitted to the issuing authority. The issuing authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. (b) Consideration. Within a reasonable period of time after the completion of the license verification process by the issuing authority, the issuing authority shall accept or deny the license application in accordance with this article. If the application is denied, the issuing authority shall notify the applicant of the determination in writing. The notice shall be mailed by certified and regular mail to the applicant at the address provided in the application, and it shall inform the applicant of the applicant's right, within 20 days after receipt of the notice by the applicant, to request an appeal of the issuing authority's determination to the city council. If an appeal to the city council is timely received by the issuing authority, the hearing before the city council shall take place within a reasonable period of receipt of the appeal by the issuing authority. (c) Inspection. Before issuance of a license, and thereafter as frequently as deemed necessary to ensure that the standards required under this article are met. The environmental health officer shall have the authority to enter a premise to conduct an inspection of the body art establishment and a review of any records deemed necessary. Refusal to permit an inspection constitutes valid grounds for licensure denial or revocation. Sec. 14-1338. Persons ineligible for license. (a) Natural persons. No license required under this article shall be issued to an applicant who is a natural person if such applicant: (1) Is not 18 years of age or older on the date the license application is submitted to the issuing authority; (2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minn. Stats. § 364.03, subd. 3; (3) Is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; I1, Attachment 1 Council Packet Page Number 151 of 216 (4) Is not of good moral character or repute; (5) Knowingly falsifies or misrepresents information on the license application; (6) Owes taxes and assessments to the state, county, school district, or city that are due and delinquent; or (7) Is not the real party in interest in the business to be licensed. (b) Partnerships. No license required under this article shall be issued to a partnership if such partnership has any general partner or managing partner: (1) Who is not 18 years of age or older on the date the license application is submitted to the issuing authority; (2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minn. Stats. § 364.03, subd. 3; (3) Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; (4) Who is not of good moral character or repute; (5) Who knowingly falsifies or misrepresents information on the license application; (6) Who owes taxes and assessments to the state, county, school district, or city that are due and delinquent; or (7) Who is not the real party in interest in the business to be licensed. (c) Corporate or other organizations. No license required under this article shall be issued to a corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business to be licensed: (1) Who is not 18 years of age or older on the date the license application is submitted to the issuing authority; (2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minn. Stats. § 364.03, subd. 3; (3) Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; (4) Who is not of good moral character or repute; (5) W ho knowingly falsifies or misrepresents information on the license application; (6) Who owes taxes and assessments to the state, county, school district, or city that are due and delinquent; or (7) Who is not the real party in interest in the business to be licensed. Sec. 14-1339. Locations ineligible for a license. The following locations shall be ineligible for a license under this article: I1, Attachment 1 Council Packet Page Number 152 of 216 (1) Taxes due on property. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. If a suit has been commenced under Minn. Stats. §§ 278.01—278.13, questioning the amount of validity of taxes, the city council may on application waive strict compliance with this subsection. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due. (2) Improper zoning. No license shall be granted if the property is not properly zoned for body art tattooing establishments under chapter 44 unless the business is a legal, nonconforming use. (3) Premises licensed for alcoholic beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages pursuant to chapter 6 or is licensed as a sexually oriented business pursuant to this chapter. (4) Private Residence. A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters shall not be licensed as a body art establishment. Sec. 14-1340. License requirements. (a) No tattooing, nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal, or tongue bifurcation shall be performed by any technician on any individual under the age of eighteen (18) regardless of parental or guardian consent.Tattoos on minors. No person shall tattoo any person under the age of 18 except in the presence of and with the written permission of the parent or legal guardian of such minor. (b) Prohibition on license transfer. The license granted under this article is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without first complying with the requirements of an original application, except when an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. (c) Hours of operation. A licensee under this article shall not be open for business for body art procedures tattooing before 7:00 a.m. nor after 11:00 p.m. (d) Licensed premises. The body art tattoo establishment license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the issuing authority. (e) Effect of license suspension or revocation. No person shall solicit business or offer to perform body art tattooing services while under license suspension or revocation by the city. (f) Maintenance of order. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. (g) Employee lists. The following information for each technician employed or performing body art procedures in the establishment: (1) name; (2) home address; (3) home telephone number; (4) date of birth; (5) copy of an identification photo; and (6) copy of current license as required by MN Stats. Ch. 146B.03 or current guest artist license as required by MN Stats. Ch. 146B.04 The licensee shall provide to the issuing authority a list of employees who perform tattooing at the licensed establishment and shall verify that each employee has received a copy of this article. I1, Attachment 1 Council Packet Page Number 153 of 216 (h) Liability insurance. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the state indicating that the licensee is currently covered in the body art tattoo business by a liability insurance policy. The minimum limits of coverage for such insurance shall be as follows: (1) Each claim, at least $200,000.00. (2) Each group of claims, at least $500,000.00. Such insurance shall be kept in force during the term of the license and shall provide for notification to the city prior to termination or cancellation. A certificate of insurance shall be filed with the city. (i) License verification and issuance. The police department is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. Within seven days of receipt of a complete application, the issuing authority shall grant or deny the application. An applicant who is denied a license by the issuing authority shall be granted a right to appeal to the city council. Sec. 14-1341. Health and sanitation restrictions. No person shall engage in the practice of body art tattooing at any place in the city without complying with the following: (1) Lavatory requirement. Every place where body art tattooing is practiced shall be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot and cold running water under pressure, shall be maintained in good repair at all times, and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open-front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand-cleansing compound and single-service sanitary towels or hand-drying devices. (2) Skin infection. No person having any skin infection or other diseases of the skin shall obtain body artbe tattooed. (3) Sterilization and disposal of biohazardous materials. All needles and razor blades shall be individually prepackaged, presterilized and disposable. No such equipment shall be used on more than one customer. All biohazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the environmental health officer. Sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles and razor blades when such sterilizing solutions and methods are approved by the environmental health officer. (4) Skin preparation procedures. The following procedures shall be used for skin preparation: a. Each operator shall wash his hands thoroughly with soap and water and then dry them with a clean towel before and after each body art procedure tattooing. Operators with skin infections of the hand shall not perform any body art tattooing services. b. Whenever it is necessary to shave the skin, prepackaged, pre-sterilized, disposable, razor blades shall be used. c. The skin area receiving a body art procedure to be tattooed shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the environmental health officer. Only single-service towels and wipes shall be used in the skin cleaning process. I1, Attachment 1 Council Packet Page Number 154 of 216 (5) Operating furniture. All tables, chairs, furniture, or areas on which a patron receives a tattoo body art shall be covered by single -service disposable paper or clean linens, or in the alternative the table, chair, or furniture on which the patron receives body art a tattoo shall be impervious to moisture and shall be properly sanitized after each body art proceduretattoo. (6) Towels. Every operator shall provide single-service towels or wipes for each customer or person, and such towels or wipes shall be stored and disposed of in a manner acceptable to the environmental health officer. (7) Garments of operator. Every operator shall wear clean, washable garments when engaged in the practice of body art tattooing. If garments are contaminated with blood or body fluids, such garments shall be removed and changed. (8) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer in accordance with procedures approved by the environmental health officer. (9) Minimum floor space. There shall not be less than 150 square feet of floor space at the place where the practice of tattooing body art is conducted, and such place shall be so lighted and ventilated as to comply with the standards approved by the environmental health officer. (10) Influence of alcohol and drugs. No person shall practice body art tattooing while under the influence of alcoholic beverages or illicit drugs. No customer shall be tattooedreceive a body art procedure while under the influence of alcoholic beverages or illicit drugs. (11) Aftercare. A technician shall provide each client with verbal and written instructions for the care of the tattooed or pierced site upon the completion of the procedure. The written instructions must advise the client of the difference between normal skin or tissue irritation and infection and to consult a health care professional upon indication of infection of the skin or tissue. Written instructions. The operator shall provide the person tattooed with printed instructions on the approved care of the tattoo during the healing process. (12) Living quarters. No place licensed as a tattoo establishment shall be used or occupied as living or sleeping quarters. Sec. 14-1342. Sanctions for license violations. (a) Suspension or revocation. The city manager, at the recommendation of the issuing authority, may suspend or revoke a license issued pursuant to this article for a violation of the following: (1) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (2) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (3) Any violation of this article or state law. (4) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minn. Stats. § 364.03, subd. 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minn. Stats. § 364.03, subd. 3. (5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. I1, Attachment 1 Council Packet Page Number 155 of 216 (b) Notice and hearing. A revocation or suspension by the city manager shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular and certified mail to the licensee at the most recent address listed on the license application. Sec. 14-1343. Temporary Suspension The health authority, with the approval of the city manager, shall immediately suspend the license of any body art establishment for the violation of any section of this article if such violation constitutes an imminent public health hazard. Upon notification by the health authority of a temporary suspension of the license by posting of this report at the time of the inspection, the licensee shall forthwith cease operation. Upon notification in writing by the licensee to the health authority that all violations have been corrected, for which temporary suspension was invoked, the health authority shall re-inspect the body art establishment within a reasonable length of time. If all violations constituting the ground for the temporary suspension have been corrected, the healt h authority shall forthwith terminate the suspension. Sec. 14-13443. Issuance of temporary body art tattooing event license. (a) Requirements. The city council may issue a temporary body art tattooing event license, provided that the following license requirements are met: (1) Duration of event. The event is no longer than four continuous days. (2) Number of events. The same person or organization has had no more than four body art tattooing events in the same calendar year. (3) Security measures. The chief of police has approved the security measures for the event. (4) Health inspection. The environmental health officer has reviewed the health and sanitation measures for the event and has inspected each vendor space for the event. (5) Liability insurance. Liability insurance has been obtained to cover the event or in the alternative each vendor has procured insurance to cover the vendor's operations at the event. The minimum limits of coverage for such insurance shall be as follows: a. Each claim, at least $200,000.00. b. Each group of claims, at least $500,000.00. A certificate of insurance shall be filed with the city clerk. (6) Hours of operation. No body art procedures tattooing can take place before 7:00 a.m. nor after 11:00 p.m. (7) Maintenance of order. The licensee shall be responsible for the conduct of persons during the event and shall at all times maintain conditions of order. (8) Toilet rooms. The event shall take place at a location equipped with adequate and conveniently located toilet rooms and hand lavatories for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot and cold running water under pressure, shall be maintained in good repair at all times, and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open-front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand-cleansing compound and single -service sanitary towels or hand-drying devices. I1, Attachment 1 Council Packet Page Number 156 of 216 (9) Skin infections. No person having any skin infection or other disease of the skin shall receive a body art procedure be tattooed during the event. (10) Sterilization and disposal of biohazardous materials. All needles and razor blades shall be individually prepackaged, presterilized and disposable. No such equipment shall be used on more than one customer. All biohazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the health officer. Sterilizing solutions may be used for the purpose of sterilizing instruments other than needles and razor blades when such sterilizing solutions are approved by the environmental health officer. (11) Skin preparation procedures. The following procedures shall be used for skin preparation: a. Each operator shall wash his hands thoroughly with soap and water and then dry them with a clean towel before and after each body art procedure tattooing. Operators with skin infections of the hand shall not perform any body art procedures tattooing services. b. Whenever it is necessary to shave the skin, prepackaged, presterilized, disposable, razor blades shall be used. c. The skin area receiving a body art procedure to be tattooed shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the environmental health officer. Only single-service towels and wipes shall be used in the skin cleaning process. (12) Garments of operator. Each operator at the event shall wear clean, washable garments when engaged in the practice of body art tattooing. If garments are contaminated with blood or body fluids, such garments shall be removed and changed. (13) Pigments. Pigments used in tattooing during the event shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer in accordance with procedures approved by the environmental health officer. (14) Influence of alcohol and drugs. No person shall practice body art tattooing while under the influence of alcoholic beverages or illicit drugs. No customer shall receive a body art procedure be tattooed during the event while under the influence of alcoholic beverages or illicit drugs. (15) Aftercare. A technician shall provide each client with verbal and written instructions for the care of the tattooed or pierced site upon the completion of the procedure. The written instructions must advise the client of the difference between normal skin or tissue irritation and infection and to consult a health care professional upon indication of infection of the skin or tissue Written instructions. Each operator at the event shall provide the person tattooed with printed instructions on the approved care of the tattoo during the healing process. (16) No tattooing, nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal, or tongue bifurcation shall be performed by any technician on any individual under the age of eighteen (18) regardless of parental or guardian consent.Tattoos on minors. No person shall tattoo any person under the age of 18 except in the presence and with the written permission of the parent or legal guardian of such minor. (b) Application. The temporary license application issued by the city clerk shall request the following information: (1) The applicant's name and current address. (2) The applicant's current employer. (3) The applicant's addresses for the previous five years. I1, Attachment 1 Council Packet Page Number 157 of 216 (4) The applicant's date of birth, home telephone number, weight, height, color of eyes, and color of hair. (5) Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a petty misdemeanor and, if so, the time, place, and offense for which convictions were had. (6) Whether the applicant has ever used or been known by a name other than the applicant's name and, if so, the name and information concerning dates and places where used. (7) The location where the event will be conducted. (8) The number of body art tattoo booths that will be operational at the event. (9) The names and addresses of persons in charge of the event. (10) Employee lists. The following information for each technician employed or performing body art procedures at the event: (i) name; (ii) home address; (iii) home telephone number; (iv) date of birth; (v) copy of an identification photo; and (vi) copy of current license as required by MN Stats. Ch. 146B.03 or current guest artist license as required by MN Stats. Ch. 146B.04 (c) License verification and issuance. The police department is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. Within seven days of receipt of a complete application, the issuing authority shall grant or deny the application. An applicant who is denied a license by the issuing authority shall be granted a right to appeal to the city council. Sec. 14-13454. Penalty. A violation of this article shall be a misdemeanor and, upon conviction, shall be punishable in accordance with section 1 -15. Secs. 14 -134 65—14-1370. Reserved. I1, Attachment 1 Council Packet Page Number 158 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner DATE: July 22, 2014 SUBJECT: Approval of the Following Requests for the Days Inn Conversion to Senior Housing at 3030 Southlawn Drive: 1. A Conditional Use Permit to Allow Multi-Family Housing in a Business Commercial District 2. A Parking Reduction for Fewer Parking Spaces than Required 3. A Unit-Size Reduction Variance 4. Design Plans Introduction On July 14, 2014, the city council considered the above requests for a proposed conversion of the Days Inn into a senior’s housing facility for 115 units of assisted living and memory care apartments. The city council tabled this review and directed staff to bring this proposal back on July 28, 2014 after addressing the following: 1. Staff should evaluate the need for a fence around the facility, because of the heavy- commercial location of this site. 2. What security measures will the facility provide to deal with the possibility of walk-offs of memory-care residents? 3. The police chief and fire chief should explore similar senior’s housing facilities in the area that the Hazelwood Station serves. How many police and ambulance runs do they typically make to these residences (Hazel Ridge on Hazelwood Street and The Seasons at Kennard Street and Legacy Parkway) each year? 4. Explore reimbursement methods from the applicant to pay for public safety calls to this facility. 5. The public works director should make recommendations to provide pedestrian access from this facility to the Ramsey County Library across Southlawn Drive and to the Maplewood Mall. 6. The applicant should also address how they anticipate their residents will walk around the property and access nearby stores and the library. I2 Council Packet Page Number 159 of 216 7. Evaluate the need for a circular drop-off/pick-up point by the front entrance and also explore the provision of shuttles such as those at The Shores for transportation to outside facilities/amenities. Please note that the previous memo is part of this addendum and follows the discussion of the seven above items. Discussion Viability for Fencing and Security Measures to be Implemented (Questions 1 and 2). The applicant responded as follows: The layout and operation of the facility including internal circulation, door hardware, and 24-hour staffing are in place to provide security and safety for residents. Memory care patients are secluded to specific areas of the facility and cannot leave unless escorted by a staff member who has key card access. In the event of an emergency, the locks are triggered by an alarm with a delayed egress device and residents would then be escorted to safety by a staff member. Also, residents in memory care will have access to the outside areas labeled as “Memory Garden” on the plans. The Memory Gardens are outside areas designated for memory care patients and will be locked and monitored to prevent walkaways. As pictured in the attached photo they are a 6’ vertical picket fence that is very difficult to climb. To put it simply, these residents are locked into certain areas of the facility and cannot leave unless escorted by someone with approved access. Furthermore, in the event that a particular patient attempts to walk away on one or more occasions, they can be equipped with a monitoring device that would send an alarm with their location if they leave the facility. Doors are alarmed if memory care doors are breached or if they are opened properly but not closed firmly in place, giving staff the opportunity to investigate. Further, staff is trained to stay with the group and watch for signs. Memory care patients are pretty direct, many don’t know why they are there every day, and they establish daily patterns that staff are alert to. Police Chief and Fire Chief Responses to the Number of Public Safety Calls to Existing Facilities (Question 3) Chief Lukin provided the following counts of emergency calls for Hazel Ridge Senior’s Housing on Hazelwood Street and for The Seasons in Legacy Village: Hazel Ridge. 2011 to 2013. There were 241 calls. Averaging 80 per year or 6.6 per month. The Seasons. 2011 to 2013. There were 280 calls. Averaging 93 per year or 7.8 per month. Chief Schnell provided the following counts for police calls made to the Days Inn during this same timeframe. From 2011 to 2013 there were 14 calls. I2 Council Packet Page Number 160 of 216 Applicant’s Response Referencing Ambulance calls to their Summit Senior Living facility in St. Paul: We estimate that the Summit Senior Living typically has an ambulance at the building with a frequency of once a week. However, the facility will have two full time nurses on staff, with one being on call and available 24/7. Because there is medical staff available to residents at the facility, the frequency of ambulance and fire department calls would be much less when compared to an elderly person living in their own home without in house medical staff. Question about Requiring the Applicant to Pay for Public Safety Calls to the Facility (Question 4). To preface the applicant’s response, staff had told them of a previously required method for defraying the cost of public safety calls to another facility. That facility was the South Metro Human Services (SMHS) mental health care clinic at 1111 Viking Drive. On July 25, 2011, the city council approved a conditional use permit (CUP) for this use and, to cover a cost impact of anticipated police calls, the council required that the developer pay $1,000 per year, for ten years, to defray such costs to the city. That applicant paid $10,000 to the city as an assessment to be used for recouping the costs of police calls to the facility. The applicant’s architect provided the following in response to the council’s question and this earlier requirement of SMHS: I want to be clear that this is a senior living environment with average age of the residents at 85 years. This is not a Mental Health clinic or half way house. There is a clear distinction. With that said: The Applicant, Albert Miller, is willing to participate in a program that would help to reimburse the police and fire department for their services in the event of a patient walkaway, or excessive ambulance calls. One suggestion that we have for a program that would help alleviate this burden on the Police and Fire Departments would be a fund that could be drawn from if such an event(s) would occur. We suggest that Mr. Miller would start this fund with a deposit of $10,000. After Mr. Miller starts this fund, we suggest that the City of Maplewood request that Ebenezer, Ecumen, Walker Methodist, and all other management companies that provide memory care services in Maplewood also contribute as similar amount of money, because right now this has the appearance of unfairly burdening one business owner who has no negative track record in the community. Once the fund is set up, any future developers for this type of facility would have a set fee that they would pay for such city services. Michael Thompson, Public Works Director, Responded to the Concern About Pedestrian Access. The Applicant also Provided Comments (Questions 5 and 6). Mr. Thompson’s Comments are as Follows: From the council’s discussion, there are concerns about pedestrian connections for the facilities’ residents. One option to improve pedestrian access is to provide a four-foot-wide walk on the north side of the proposed east-west driveway north side of the building. This is not intended to encourage non-residents to walk into the senior living space, but to keep any pedestrian from walking in the driveway. I2 Council Packet Page Number 161 of 216 The council questioned the need for connecting the Ring Road sidewalk to the Mall. Providing any form of extended pedestrian way across the Mall property is outside of the scope of this review, however, staff can start this discussion with the various parties. For this project, it is important to connect people from this site to the Ring Road sidewalk and to the Southlawn sidewalk. This will be adequate and satisfy resident pedestrian needs. A striped crossing at Southlawn Drive to the Ramsey County Public Library should be considered if proven a viable option. If the developer feels that this will encourage non-residents to cut through the site, my response would be that non-residents will cut through the site on the 24’ driveway anyway. Providing a safe pedestrian way can be accomplished with a four-foot walk on the north side which would connect residents from the building to Southlawn or the Mall Ring Road sidewalk. Refer to the attached diagram. Providing a Crosswalk Mr. Thompson asked SEH, a city engineering consultant, to offer an opinion to the feasibility and cost of providing a crosswalk at Southlawn Drive. Tom Sohrweide with SEH provided the attached analysis. Please refer to Mr. Sohrweide’s letter. Mr. Thompson reviewed this analysis and comments that: There is a crossing further south at the controlled 4-way stop intersection. However, if there is a strong desire to do a mid-block crossing on Southlawn Drive, where there are presently no crossing controls, then I agree with Mr. Sohrweide that a more extensive investment is needed than just painting a crosswalk and adding signs. His proposal provides a safe crossing design should the council wish to require a more protected crossing. Applicant’s Response to Resident Mobility: Assisted living residents would be able to walk around the property on the sidewalk that surrounds the building as shown in the Site Plans and Landscape Plans. Also, Assisted Living residents will have access to the courtyard space and Memory Care Residents will have access to the two memory garden spaces highlighted on Drawing Sheet L1.2. If residents want to go to any of the neighboring amenities, including the Mall or library, they would be transported there by family members and/or by a shuttle service provided by the applicant. The shuttle service would be available several times a week to transport residents as part of events and activities organized by the facility’s Activity Director. The shuttle service will be available with a comparable frequency to the shuttle service offered by the Shores Senior Living. I2 Council Packet Page Number 162 of 216 The Addition of a Circular Drop-off/Pick-up Point by the Front Entrance should be Explored to Accommodate Shuttle Vehicle Transportation like at The Shores (Question 7). Staff looked at the potential for a circular pick-up/drop-off point at the front entrance. Being that this is a retro-fit on a developed site, there is no room available for such an amenity. The applicant is proposing to utilize the existing vehicle overhang which is presently in place for a protected cover. Staff feels that would provide sufficient protection from the weather. Conclusion Staff agrees with the applicant that a fence around the entire facility would not be necessary in view of their proposed security precautions. Also, a fence would look somewhat institutional for a senior’s residence. The covered entrance canopy will also provide weather protection for persons coming and going by the front entrance. Staff does not suggest any revision there. If the city council wishes to add conditions relative to other points discussed above, staff suggests the following additions to the CUP recommendation (Recommendation A) and to the design-review recommendation (Recommendation D). Revision to CUP Condition A8 (new language is underlined): 8. The applicant shall work with the city engineer/director of public works to provide a safe walkway across Southlawn Drive for their residents as described in the analysis by SEH dated July 21, 2014. This installation shall be paid for by the applicant . The applicant shall also provide the sidewalk and ADA compliant ramps as shown on the Public Works Director’s Suggested Pedestrian Way Additions detail dated July 18, 2014. Revision to CUP Condition A9 (deletions are crossed out and additions are underlined): 9. All costs to the city associated with retrieving memory-care residents that “walk-away” from the proposed seniors residence shall be paid by the applicant. Before the applicant obtains a building permit, he shall sign an agreement with the city agreeing to pay an annual assessment of $1,000 per year for ten years to defray the cost of police calls to the facility. Revision to design-review Conditions to add Condition 9 (Additions are underlined): 9. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents as described in the analysis by SEH dated July 21, 2014. This installation shall be paid for by the applicant . The applicant shall also provide the sidewalk and ADA compliant ramps as shown on the Public Works Director’s Suggested Pedestrian Way Additions detail dated July 18, 2014. The original memorandum that was presented to the city council on July 14, 2014 follows for background information. The complete recommendation previously submitted is in this original memorandum. I2 Council Packet Page Number 163 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner DATE: July 9, 2014 SUBJECT: Approval of the Following Requests for the Days Inn Conversion to Senior Housing at 3030 Southlawn Drive: 5. A Conditional Use Permit to Allow Multi-Family Housing in a Business Commercial District 6. A Parking Reduction for Fewer Parking Spaces than Required 7. A Unit-Size Reduction Variance 8. Design Plans Introduction Albert Miller is proposing to convert the 120-room Days Inn west of the Maplewood Mall into 115 units of senior housing. Mr. Miller is proposing a mix of assisted living and memory care apartments. This proposal includes a parking reduction from 230 parking spaces to 73 parking spaces and a unit-size reduction from 580 square feet to a memory care unit range from 312 square feet for memory care units to 364 square feet for studio units to 640 square feet for one- bedroom units. City code allows multi-family housing in BC (business commercial) zoning districts by conditional use permit (CUP). Refer to the attachments. Requests • A CUP for multi-family seniors housing in a BC zoning district. • A parking waiver for fewer parking spaces than code requires. Code requires 230 parking spaces. The applicant proposes 73. • A unit-size reduction variance to provide memory-care unit sizes beginning at 312 square feet. Code requires a minimum of 580 square feet. • Approval of building, site and landscaping plans. I2 Council Packet Page Number 164 of 216 Background 1977: The community design review board approved the plans for this building as a Holiday Inn. Construction began that year. Discussion CUP Consideration The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. These standards for approval are: 1. The use would be located, designed, maintained, constructed and operated to be inconformity 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. Staff does not see any reason why this use would not fit the above criteria. Our main concern, though, has been whether this conversion to senior housing is appropriate in a heavily developed commercial area. Would the Myth Nightclub be a suitable neighbor to senior citizens? Would this use be compatible with the commercial activity surrounding the Maplewood Mall? I2 Council Packet Page Number 165 of 216 Police Chief, Paul Schnell, raised concerns also about compatibility with the possibility of memory-care residents “walking off” from the facility. Staff asked the applicant to respond to Chief Schnell’s comments which are in black and the applicant’s reply is in blue. Is there a targeted senior clientele they could hope to attract to this facility over others. In other words, how does their expected resident population compare to what might otherwise go to a new facility, like a White Pines type facility? Is there any difference? The Senior Living facility at the Maplewood Hotel aims to attract people needing memory care or assisted living services at an intermediate cost when compared to other senior living facilities. Presumably, the facility would be attractive to people who want quality care and living but cannot afford the premiums of a facility like the Seasons of Maplewood which is just across Southlawn Drive from the current hotel. Given their desire to target memory care type residents, I’m interested in their facility security and staffing plan. Patient walkaways can be a very time consuming call for service. This is a very reasonable concern, and one that is critical to the operation of a successful memory care facility. The layout and operation of the facility including internal circulation, door hardware, and 24-hour staffing will be situated to prevent patient walkaways. Memory care patients are locked in and secluded to specific areas of the facility and cannot leave unless escorted by a staff member. Also, residents in memory care will have access to the outside areas labeled as “Memory Garden” on the plans. The “Memory Garden” is a secure area like the building interior and will be locked and monitored to prevent walkaways. To put it simply, these residents are locked into certain areas of the facility and cannot leave unless escorted by someone with approved access. Finally, the 24-hour staff will have a protocol in place to get residents evacuated from these locked areas in the event of a fire or other emergency. However, with all these measures in place, patient walkaways do happen on rare occasion. We are aware of one instance at the Shores of Lake Phalen where a patient escaped and to our understanding, was found by staff and brought back to the residence. In cases where a particular patient attempts to walk away on one or more occasions, they can be equipped with a monitoring device that would send an alarm with their location if they leave the facility. Broadly, the proposed development use seems and feels contrary to the general retail and entertainment specific to the area. Given the land use in the IMMEDIATE area, I wonder if residents of the facility would or could have reduction in quality of life based on noise and traffic in the immediate area We agree that the proposed use may seem contrary to many of the adjacent properties. However, the Seasons of Maplewood is located just across Southlawn Drive from the Existing Hotel. Also, many of the adjacent properties would be ideal for residents and visitors of the facility. People coming to visit family members could use the Mall and adjacent I2 Council Packet Page Number 166 of 216 businesses. Also, the public library and adjacent park across Southlawn drive could be used by both residents and guests. An anecdotal bit of information: we are on the national search team from Ryan Development (a component of Ryan Construction) as they try to take senior housing to a national level. Our first project together is near the Arbor Lakes Shopping district in Maple Grove. Nationally Ryan Development is only searching for sites that are adjacent or part of large suburban shopping districts. Density Being that the site is zoned BC and guided C (commercial) there is no set density maximum established for multi-housing. Staff reviewed this proposal with the city attorney and he advised that, being that the zoning ordinance allows multi-family development in a BC district, staff should use their best judgment in determining a reasonable density. The proposed density of this 115 unit facility on the 6.7 acre site would be 17 units per acre. This equates to the comprehensive plan’s density for HDR (high density residential). The density allowed in areas guided as HDR would permit a density range between 10 and 25 units per acre. Staff has no issue with this density. Seniors facilities such as the proposed one have the impact of a much lesser density since most of the residents do not drive and largely stay within the facility. Parking Reduction City code requires that apartment buildings have two parking spaces for each unit. One of which must be a garage space. With a proposed 115 living units, the code would require 230 parking stalls—115 garage spaces and 115 open parking spaces. The applicant is proposing 73 parking spaces. Staff agrees that the proposed 73 parking spaces would be an adequate amount of parking spaces. The city regularly determines that senior housing facilities do not require two spaces per unit as code requires for family housing. As example, the recently completed Shores assisted-living and memory-care facility on Frost Avenue, with 105 units, was approved to have 24 outdoor parking spaces and 28 underground garage parking spaces totaling 52. Unit Size The applicant has provided the following justification for the unit sizes: We request a variance due to the fact that this type of facility does not require larger units because so much space is dedicated to common areas. In assisted living and memory care facilities, residents tend to spend most of their free time in the common spaces, using their personal rooms mostly for resting. Meals are served in common areas so the rooms do not require large kitchens. Activities are set up in the common areas and conducted by staff so little room is needed in the individual units for social activities. When looking at the proposed floor plans, you’ll notice when compared to a typical multifamily housing project, there is significantly more common space dedicated for this facility. I2 Council Packet Page Number 167 of 216 The city has allowed smaller unit sizes in the recent past primarily for memory-care units as shown in this comparison: Project Name Number of Units (includes memory care) Approved Unit Size Comforts of Home 42 (15 MC) 221 to 360 sq ft Lakewood Commons 100 (30 MC) 425 sq ft The Shores 105 (32 MC) 433 sq ft The Seasons 150 (30 MC) 382 sq ft Proposed Days Inn Conversion 115 (54 MC) 312 to 640 sq ft The senior-housing industry, however, has moved toward smaller room sizes since it has found that the larger spaces are not needed for assisted- or memory-care units. The city has allowed smaller unit sizes for assisted and memory-care units fairly regularly with recent projects as noted above. Staff does not find a problem with this request for these units. Building Design The applicant proposes to repaint the existing brick-embossed concrete block and stucco, repair the damaged retaining wall and repair the damaged trash enclosure. These are welcome changes. Parking Lot Removal The northerly parking lot would be removed with a driveway connection retained between the Mall Ring Road and Southlawn Drive. The area of parking lot removal will be restored with grass. The northerly east-west driveway that would remain would be curbed with an up-right six-inch curb and gutter. The applicant also proposes to remove the driveway on the west side of the building and landscape this area. Site Lighting The applicant is not proposing any changes to the site lighting. Landscaping The site would be re-landscaped with a considerable amount of plantings around the entire building. As mentioned, the northerly parking lot will be restored with grass except for keeping a paved area for the east-west driveway connection. Department Comments Building Official Nick Carver, building official, stated that, because this is a “change of use,” it requires that the applicant comply with all current codes. I2 Council Packet Page Number 168 of 216 Engineering Refer to the engineering report by Jon Jarosch, staff engineer dated June 6, 2014. Fire Marshal Butch Gervais, assistant fire chief, stated that the applicant will need to comply with all current state and local fire codes. Police Paul Schnell, police chief, commented about this proposal. Chief Schnell’s comments were discussed above under the CUP Consideration section above. Commission Actions June 17, 2014: The planning commission recommended approval of these requests. They added the following conditions, though, for the CUP recommendation: • Add to Condition 4: The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in engine heaters since there will not be any underground parking. • Add Condition 8: The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. • Add Condition 9: All costs to the city associated with retrieving memory-care residents that “walk -away” from the proposed seniors residence shall be paid by the applicant. June 24, 2014: The community design review board recommended approval with the staff recommendation. Budget Impact A possible impact to the city could be if the police are needed to respond to calls about a memory-care resident “walkaway.” Recommendations A. Approve a conditional use permit resolution to allow multi-family seniors housing in a BC zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 2, 2014 approved by the city. Staff may approve minor changes. I2 Council Packet Page Number 169 of 216 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. If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in heaters since there will not be any underground parking. 5. The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6. The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7. This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. 9. All costs to the city associated with retrieving memory-care residents that “walk-away” from the proposed seniors residence shall be paid by the applicant. B. Approval of a parking waiver for fewer parking spaces than code requires, allowing 73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since senior housing facilities do not require the amount of parking needed for typical multi-family housing needs. Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. C. Approval of a variance resolution to allow a living-unit size reduction. This variance allows memory-care living units beginning at 312 square feet. Code requires a minimum of 580 square feet. This variance is based on the findings that: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. I2 Council Packet Page Number 170 of 216 2. The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life- cycle housing for its residents. 3. The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. D. Approval of the plans date-stamped June 2, 2014, for the Days Inn Hotel Conversion to senior housing. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall obtain a conditional use permit from the city council for the proposed housing facility in a BC (business commercial) zoning district. 3. The applicant shall complete the site improvements as proposed in the plans. This includes all landscaping, trash enclosure upgrades, retaining wall repair, building painting and parking lot and driveway changes and improvements. 4. After its removal, the old parking lot surface shall be restored to lawn and kept maintained and mowed. 5. The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated June 4, 2014. 6. The applicant shall comply with all requirements of the city’s building official, assistant fire chief and health officer. 7. The applicant shall obtain approval of a parking waiver from the city council before beginning this project. 8. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. I2 Council Packet Page Number 171 of 216 Reference Information Site Description Site size: 6.7 acres Existing land use: The Days Inn Surrounding Land Uses North: The Myth Nightclub South: Maplewood Mall parking lot and ring road drive East: Maplewood Mall and Mall parking lot West: Southlawn Drive and Ramsey County Public Library Planning Land Use Plan designation: C (commercial) Zoning: BC (business commercial) Code Requirement Section 44-512 (1) of the BC zoning district states that a conditional use permit may be granted for “all permitted uses in the R3 district.” Findings for CUP Approval Section 44-1097 (a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. Findings for Variance Approval State statute requires that in order to grant a variance, the city council must determine that the proposal is found to be: (1) In harmony with the general purposes and intent of the official control; (2) Consistent with the comprehensive plan; (3) When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. I2 Council Packet Page Number 172 of 216 Application Date The application for this request was complete on June 2, 2014. State law requires that the city decide on these applications within 60 days. The deadline for city council action is August 1, 2014. Attachments 1. Conditional Use Permit Resolution 2. Variance Resolution 3. Location Map 4. Land Use Plan Map 5. Zoning Map 6. Applicant’s Letter of Request dated May 19, 2014 7. Site Plan of Existing Conditions 8. Site Plan Proposal 9. Building Elevations 10. Engineering Report dated June 6, 2014 11. Planning Commission Minutes dated June 17, 2014 12. Community Design Review Board Minutes dated June 24, 2014 13. Plans date-stamped June 2, 2014 (separate attachment) New Attachments: 14. Public Works Director’s Suggested Pedestrian Way Additions dated July 18, 2014 15. Crosswalk Analysis by SEH dated July 21, 2014 16. Photographs p:sec2N\Hotel Conversion Days Inn Property\Addendum Days Inn Conversion to Senior Housing CC Report 7 14 te I2 Council Packet Page Number 173 of 216 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Albert Miller has applied for a conditional use permit to put a multi-housing seniors housing facility in a BC (business commercial) zoning district; WHEREAS, Section 44-512 (1) of the BC district requirements states that a conditional use permit may be granted for “all permitted uses in the R3 district.” WHEREAS, this permit applies to the property located at 3030 Southlawn Drive. The property identification number of this property is: 022922220010 WHEREAS, the history of this conditional use permit is as follows: 1. On June 17, 2014, the planning commission held a public hearing. The city staff published a notice in the paper 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 also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On ____________, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. I2, Attachment 1 Council Packet Page Number 174 of 216 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 2, 2014 approved by the city. Staff may approve minor changes. 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. If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in heaters since there will not be any underground parking. 5. The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6. The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7. This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. 9. All costs to the city associated with retrieving memory-care residents that “walk-away” from the proposed seniors residence shall be paid by the applicant. The Maplewood City Council _________ this resolution on _______, 2014. I2, Attachment 1 Council Packet Page Number 175 of 216 VARIANCE RESOLUTION WHEREAS, Albert Miller applied for a variance from the minimum unit size requirements for multi-family housing developments. Mr. Miller is requesting that the minimum size of memory- care living units in his proposed senior housing facility start at 312 square feet in area; WHEARAS, city ordinance requires a minimum multi-family unit size of 580 square feet; WHEREAS, this variance applies to the property at 3030 Southlawn Drive. The property identification number for this property is: 022922220010 WHEREAS, the history of this variance is as follows: 1. The planning commission held a public hearing on June 17, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this variance. 2. On _____________, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described variances since: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2. The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3. The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. The Maplewood City Council ________ this resolution on _________, 2014. I2, Attachment 2 Council Packet Page Number 176 of 216 I2, Attachment 3 Council Packet Page Number 177 of 216 I2, Attachment 4 Council Packet Page Number 178 of 216 I2, Attachment 5 Council Packet Page Number 179 of 216 I2, Attachment 6 Council Packet Page Number 180 of 216 I2, Attachment 6 Council Packet Page Number 181 of 216 I2, Attachment 7 Council Packet Page Number 182 of 216 I2, Attachment 8 Council Packet Page Number 183 of 216 I2, Attachment 9 Council Packet Page Number 184 of 216 I2, Attachment 10 Council Packet Page Number 185 of 216 I2, Attachment 10 Council Packet Page Number 186 of 216 I2, Attachment 10 Council Packet Page Number 187 of 216 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 17, 2014 5. PUBLIC HEARING a. 7:00 p.m. or later: Approval of the following requests at 3030 Southlawn Drive: 1) A conditional use permit to allow multi-family housing in a business commercial district at the Days Inn Building 2) A Parking Reduction for fewer parking spaces than required 3) A unit-size reduction variance i. Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii. Architect, Enrico Williams, Kaas Wilson Architects, 2104 - 4th Avenue South, Suite B, Minneapolis, addressed and answered questions of the commission. iii. The applicant, Albert Miller, addressed and answered questions of the commission. iv. Ben Delwick, Kaas Wilson Architects, 2104 - 4th Avenue South, Suite B, Minneapolis, addressed and answered questions of the commission. Chairperson Desai opened the public hearing. Nobody came forward to address the commission. Chairperson Desai closed the public hearing. Commissioner Trippler moved to approve a conditional use permit resolution to allow multi-family seniors housing in a BC zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: (additions or deletions to the conditions are underlined or in bold) 1. All construction shall follow the site plan date-stamped June 2, 2014, approved by the city. Staff may approve minor changes. 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. If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in engine heaters since there will not be any underground parking. 5. The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6. The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7. This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. I2, Attachment 11 Council Packet Page Number 188 of 216 8. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. 9. All costs to the city associated with retrieving memory-care residents that “walk-away” from the proposed seniors residence shall be paid by the applicant. Seconded by Commissioner Donofrio. Ayes - All The motion passed. Commissioner Trippler moved approval of a parking waiver for fewer parking spaces than code requires, allowing 73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since senior housing facilities do not require the amount of parking needed for typical multi-family housing needs. Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. Seconded by Commissioner Ige. Ayes - All The motion passed. Commissioner Trippler moved approval of a variance resolution to allow a living-unit size reduction. This variance allows memory-care living units beginning at 312 square feet. Code require a minimum of 580 square feet. This variance is based on the findings that: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2. The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3. The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one- bedroom housing units are excessive for those with intensive-care or memory-care housing needs. Seconded by Commissioner Ige. Ayes - All The motion passed. This item goes to the city council July 14, 2014. I2, Attachment 11 Council Packet Page Number 189 of 216 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 24, 2014 1. DESIGN REVIEW a. Approval of Design Plans to Convert Day’s Inn Building into Senior Housing, 3030 Southlawn Drive i. Planner, Michael Martin gave the report and answered questions of the board. ii. Architect, Ben Delwicke, Kaas Wilson Architect, 2104 4th Ave S, Ste B, Minneapolis, addressed and answered questions of the board. Boardmember Kempe moved approval of a parking waiver for fewer parking spaces than code requires, allowing 73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since senior housing facilities do not require the amount of parking needed for typical multi-family housing needs. Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. Boardmember Kempe moved approval of the plans date-stamped June 2, 2014, for the Days Inn Hotel Conversion to senior housing. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall obtain a conditional use permit from the city council for the proposed housing facility in a BC (business commercial) zoning district. 3. The applicant shall complete the site improvements as proposed in the plans. This includes all landscaping, trash enclosure upgrades, retaining wall repair, building painting and parking lot and driveway changes and improvements. 4. After its removal, the old parking lot surface shall be restored to lawn and kept maintained and mowed. 5. The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated June 4, 2014. 6. The applicant shall comply with all requirements of the city’s building official, assistant fire chief and health officer. 7. The applicant shall obtain approval of a parking waiver from the city council before beginning this project. 8. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before betting a building permit. Seconded by Boardmember Shankar. Ayes – All The motion passed. This item goes to the city council July 14, 2014. I2, Attachment 12 Council Packet Page Number 190 of 216 I2, Attachment 14 Council Packet Page Number 191 of 216 I2, Attachment 15 Council Packet Page Number 192 of 216 I2, Attachment 16 Council Packet Page Number 193 of 216 I2, Attachment 16 Council Packet Page Number 194 of 216 I2, Attachment 16 Council Packet Page Number 195 of 216 I2, Attachment 16 Council Packet Page Number 196 of 216 I2, Attachment 16 Council Packet Page Number 197 of 216 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 198 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Thompson, Director of Public Works/City Engineer Bryan Nagel, Street/Storm Superintendent DATE: July 22, 2014 SUBJECT: Approval of Agreement with Yale Mechanical for City-Wide HVAC Maintenance Services Introduction The council will consider an agreement with Yale Mechanical for coverage of HVAC systems throughout the city including City Hall, 1902 Complex, Community Center (MCC), Park Maintenance Building, Fire Stations, and Nature Center. Discussion The city currently has an active agreement with Yale Mechanical for HVAC maintenance at City Hall and the 1902 Building while other contractors service the remaining buildings. A more consistent approach of one service provider for all buildings is proposed which will create efficiencies. Yale Mechanical has provided top quality service. Yale Mechanical also provides quality services to other facilities such as the Shoreview Community Center. Yale’s current agreement with the city runs into spring of 2015 however they have agreed to revise that contract to include the following additional buildings at similar pricing: MCC, Park Maintenance Building, Fire Stations, and Nature Center. By consolidating to one HVAC servicer this will allow economies of scale as opposed to calling various service providers to mobilize. This will also allow Yale to become familiar with all of the city systems and understand the larger picture of city needs. The city has already brought Yale into conversations about the MCC dehumidifier (thermodyne replacement) and will continue to do such coordination to ensure HVAC replacement items can be properly maintained and serviced after initial installation. Budget Impact Annual expenditures for this service are $27,620. For the remaining 5 months for this year this is prorated at $11,500 and will be paid out of the Building Operations program. The operations budget will cover these expenditures and no adjustment is proposed at this time. The city may continue to work with Yale Mechanical for future years and such pricing is listed. For 2015 and 2016 the pricing is $28,450 and $29,300 respectively. If the city chooses not to continue with Yale Mechanical at any point, then a 30 day notice must be given to exit the agreement. J1 Council Packet Page Number 199 of 216 Recommendation It is recommended that council approve the agreement with Yale Mechanical for City-Wide HVAC Maintenance Services. Attachments 1. Yale Mechanical Agreement Proposal J1 Council Packet Page Number 200 of 216 J1, Attachment 1 Council Packet Page Number 201 of 216 J1, Attachment 1 Council Packet Page Number 202 of 216 J1, Attachment 1 Council Packet Page Number 203 of 216 J1, Attachment 1 Council Packet Page Number 204 of 216 J1, Attachment 1 Council Packet Page Number 205 of 216 J1, Attachment 1 Council Packet Page Number 206 of 216 J1, Attachment 1 Council Packet Page Number 207 of 216 J1, Attachment 1 Council Packet Page Number 208 of 216 J1, Attachment 1 Council Packet Page Number 209 of 216 J1, Attachment 1 Council Packet Page Number 210 of 216 J1, Attachment 1 Council Packet Page Number 211 of 216 MEMORANDUM TO: Melinda Coleman, Interim City Manger FROM: Michael Thompson, City Engineer/Public Works Director Gayle Bauman, Finance Director Bryan Nagel, Street/Storm/Building Superintendent DATE: July 21, 2014 SUBJECT: Approval of Professional Services Agreement for Municipal Buildings Asset Management Study, City Project 14-12 Introduction The City Council will consider approval of a professional services agreement for the purposes of an asset management study on municipal buildings. Background The Building Operations Division, which was integrated into Public Works in March of 2014, is in need of a proper asset management system that catalogues major building assets (e.g.…HVAC system/unit, roof, carpet, etc…) in order to understand life cycles, future investment needs, and ultimately obtain a detailed understanding of the state of the City’s building infrastructure. This is the first step that must be taken before recommendations will be made for future capital replacement as part of the 5 year capital improvement plan (CIP). The following buildings fall within the scope of asset management services as part of the recommended professional services agreement: 1) 1810 County Rd B East (Park Maintenance Garage) 2) 1830 County Rd B East (City Hall Complex) 3) 1902 County Rd B East (Public Works Complex) 4) 2659 7th Street (Nature Center) 5) 1955 Clarence Street (Central Fire Station) 6) 1530 County Rd C East (North Fire Station) 7) 600 McKnight Road (South Fire Station) Discussion On May 28, 2014 a request for proposals (RFP) was sent to three consulting firms by city staff. Two proposals were submitted which included all necessary services as outlined in the RFP. The fees for the two proposals were $73,000 and $79,000 respectively. The proposals were reviewed internally by a team of three staff persons. All agreed that the proposal provided by SEH, Inc. was favored due to SEH’s familiarity with the city’s buildings and J2 Council Packet Page Number 212 of 216 also to maintain the consistency with services performed at the Community Center. Also, SEH, Inc. provided the lowest fee for completion of services at $73,000. Budget Impact The fee of $73,000 will be covered by the 2014 operating budget. The following program funds are expected to cover these expenditures in a prorated manner based on building use: general, sanitary sewer, storm sewer, and fleet. Recommendation It is recommended that the council authorize the Public Works Director to sign a professional services agreement with SEH, Inc. for the Municipal Buildings Asset Management Study, City Project 14-12 in the amount of $73,000. Furthermore, minor adjustments are approved if an adjustment in scope of services is warranted. Attachments 1. SEH, Inc. Proposal J2 Council Packet Page Number 213 of 216 J2, Attachment 1 Council Packet Page Number 214 of 216 J2, Attachment 1 Council Packet Page Number 215 of 216 M1 MEMORANDUM TO: City Council FROM: Melinda Coleman, Interim City Manager DATE: July 22, 2014 SUBJECT: Council Calendar Update Introduction/Background This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. No action is required. Upcoming Agenda Items & Work Session Schedule 1. August 4- City Manager Search Updates/Discussion if requested 2. August 11 – 2015 Budget Preview 3. August 25 – Gateway Transit Corridor Presentation Budget Impact None. Recommendation No action required. Council Packet Page Number 216 of 216